75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3501
A-Engrossed
House Bill 3199
Ordered by the House June 29
Including House Amendments dated June 29
Sponsored by Representatives J SMITH, CANNON, D EDWARDS, BUCKLEY;
Representatives BAILEY, BARNHART, GILLIAM, GREENLICK, HARKER,
JENSON, KENNEMER, NATHANSON, READ, SCHAUFLER, G SMITH,
STIEGLER, VANORMAN, WITT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Establishes additional amount authorized for issuance of
general obligation bonds for energy conservation measures for
public and Indian tribe buildings for 2009-2011 biennium. - }
{ + Transfers, credits or allocates certain moneys from
specified funds and accounts to other specified funds, accounts
or agencies to be used for specified purposes. Limits certain
allocations.
Requires agencies and Oregon Department of Administrative
Services to submit copy of application for modification or
amendment of fiscal allotment to Legislative Fiscal Office.
Authorizes State Treasurer to lend moneys to Department of
Revenue in certain circumstances.
Authorizes certain state agencies and Private Activity Bond
Committee to administer bonds under specified bonding
authorities.
Establishes Oregon Progress Board Fund. Continuously
appropriates moneys in fund to board for purpose of funding
board's functions.
Authorizes Chief Justice to establish certain fees.
Establishes and increases fees for land use decision
proceedings.
Requires Department of Corrections to provide training for
basic certification of corrections officers employed by
department. Directs Board on Public Safety Standards and Training
to adopt minimum training standards. Sunsets on January 2, 2014.
Requires Department of Education to reimburse school district
for amount spent on reduced price breakfast.
Authorizes additional uses for certain funds. + }
Declares emergency, effective { - July 1, 2009 - } { + on
passage + }.
A BILL FOR AN ACT
Relating to state financial administration; creating new
provisions; amending ORS 1.002, 21.010, 21.110, 197.830,
284.612, 291.242, 291.252, 311.701, 327.535, 401.806, 759.425
and 802.110 and section 2, chapter 132, Oregon Laws 2009
(Enrolled House Bill 2244), and sections 33 and 38,
chapter ___, Oregon Laws 2009 (Enrolled House Bill 2287), and
section 2, chapter ___, Oregon Laws 2009 (Enrolled House Bill
5027); and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ADMINISTRATIVE + }
SECTION 1. { + For the biennium beginning July 1, 2009,
notwithstanding ORS 471.810, amounts to be distributed from the
Oregon Liquor Control Commission Account that are attributable to
a per bottle surcharge imposed by the Oregon Liquor Control
Commission on June 3, 2009, shall be credited to the General
Fund. + }
SECTION 2. ORS 291.242 is amended to read:
291.242. { + (1) + } { - No - } { + An + } appropriation
to which the allotment system is applicable { - shall - }
{ + does not + } become available to any state agency for
expenditure { - thereby - } during any allotment period until:
{ - (1) - } { + (a) + } The agency submits to the Oregon
Department of Administrative Services an estimate, in such form
as the department prescribes, for { - such - } { + the + }
allotment period, of the amount required for each activity to be
carried on during that period; and
{ - (2) - } { + (b) + } The estimate is approved, increased
or decreased by the department and funds allotted therefor.
{ + (2) At the time a state agency submits an estimate to the
department under subsection (1)(a) of this section, the agency
shall submit a copy of the estimate to the Legislative Fiscal
Office. The department may not allot funds under subsection
(1)(b) of this section until the agency submits a copy of the
estimate to the Legislative Fiscal Office. + }
SECTION 3. ORS 291.252 is amended to read:
291.252. { + (1) + } The Oregon Department of Administrative
Services may at any time modify or amend any allotment previously
made by it, upon application of, or upon notice to, the agency
concerned, but no such modification or amendment shall reduce an
allotment below the amount required to meet valid obligations or
commitments previously incurred against the allotted funds.
{ + (2)(a) An agency that applies for modification or
amendment of an allotment as authorized by subsection (1) of this
section shall submit a copy of the application to the Legislative
Fiscal Office at the same time it submits the application to the
department.
(b) If the department modifies or amends an allotment upon
notice to an agency as authorized by subsection (1) of this
section, the department shall notify the Legislative Fiscal
Office of the modification or amendment at the same time it
notifies the agency. + }
{ + NOTE + } : Sections 4 to 9 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 10. ORS 311.701 is amended to read:
311.701. (1) There is established in the State Treasury the
Senior Property Tax Deferral Revolving Account to be used by the
Department of Revenue for the purpose of making the payments to:
(a) County tax collectors of property taxes deferred for tax
years beginning on or after January 1, 1983, as required by ORS
311.676.
(b) The appropriate local officer of special assessment
improvement amounts deferred on or after October 15, 1983, as
required by ORS 311.730.
(c) The department for its expenses in administering the
property tax and special assessment senior deferral programs.
(2) The Senior Property Tax Deferral Revolving Account may
include a reserve for payment of department administrative
expenses.
(3) All sums of money received by the Department of Revenue
under ORS 311.666 to 311.701 as repayments of deferred property
taxes or under ORS 311.702 to 311.735 as repayments of deferred
special assessment improvement amounts, including the interest
accrued under ORS 311.674 (3) or 311.711 (3) shall, upon receipt,
be credited to the revolving account and are continuously
appropriated to the department for the purposes of subsection (1)
of this section.
(4) If there { - is - } { + are + } not sufficient
{ - money - } { + moneys + } in the revolving account to make
the payments required by subsection (1) of this section,
{ - there is appropriated from the General Fund an amount
sufficient which together with the money in the revolving account
will provide an amount sufficient to make the required
payments - } { + and the amount appropriated from the General
Fund is not sufficient when added together with the moneys in the
revolving account to provide an amount sufficient to make the
required payments, the State Treasurer, in the capacity of
investment officer for the Oregon Investment Council, may lend to
the Department of Revenue such amounts as may be necessary to
make the payments. The State Treasurer may lend moneys that may
be invested as provided in ORS 293.701 to 293.820. Any moneys
lent under this subsection shall be repaid within five years
together with interest at a rate determined by the State
Treasurer and consistent with the investment standards of ORS
293.721 and 293.726 + }.
(5)(a) On November 30 of each year, if the amount in the
revolving account exceeds the greater of 35 percent of the total
amount needed to make the payments described in subsection (1) of
this section for the previous property tax year or $5 million,
the department shall calculate the difference between the amount
in the revolving account and the greater of an amount that equals
35 percent of the total amount needed to make the payments
described in subsection (1) of this section for the previous
property tax year or $5 million.
(b) No later than February 1 of each year, the department shall
transfer an amount equal to the difference described in paragraph
(a) of this subsection into the Oregon Project Independence Fund
established in ORS 410.422.
SECTION 11. { + Section 12 of this 2009 Act is added to and
made a part of ORS chapter 286A. + }
SECTION 12. { + (1) The Legislative Assembly finds that the
American Recovery and Reinvestment Act of 2009 (P.L. 111-5)
provides that the State of Oregon may receive, allocate and
reallocate the authority to issue certain kinds of state and
local government bonds that qualify for tax credits, federal
subsidies or exclusion of bond interest from gross income under
the United States Internal Revenue Code of 1986, as amended.
(2) As described in subsections (3) to (6) of this section,
state agencies and the Private Activity Bond Committee may
allocate and reallocate or take any additional actions that are
desirable to maximize the benefits of bonding programs created or
expanded by the American Recovery and Reinvestment Act of 2009
(P.L. 111-5).
(3) The Department of Education, with the approval of the
Governor, may allocate, reallocate and otherwise manage this
state's qualified school construction bonding authority.
(4) The Economic and Community Development Department may
allocate, reallocate and otherwise manage this state's recovery
zone economic development bonding authority and this state's
recovery zone facility bonding authority.
(5) The State Department of Energy may allocate, reallocate and
otherwise manage this state's qualified energy conservation
bonding authority.
(6) The Private Activity Bond Committee may allocate,
reallocate and otherwise manage any bonding authority that is
created or expanded by the American Recovery and Reinvestment Act
of 2009 (P.L. 111-5) if that responsibility is not assigned to a
state agency by this section, or if an agency that is assigned
that responsibility requests the Private Activity Bond Committee
to allocate that authority on behalf of that agency.
(7) The Department of Education, the Economic and Community
Development Department, the State Department of Energy and the
Private Activity Bond Committee may adopt rules to implement the
provisions of this section including, but not limited to, rules
prescribing:
(a) Application processes and requirements to receive a
subsequent allocation or reallocation;
(b) Standards upon which an allocation or reallocation may be
based; and
(c) Any conditions that must be met to receive an allocation or
reallocation of the bonding authority or to receive the benefits
of such bonding authority. + }
SECTION 13. { + For the biennium ending June 30, 2009,
notwithstanding ORS 283.076, the amount of $1,123,741 is
transferred from the Oregon Department of Administrative Services
Operating Fund to the General Fund for general governmental
purposes. The transfer shall be made on or before June 30,
2009. + }
SECTION 14. Section 2, chapter ___, Oregon Laws 2009 (Enrolled
House Bill 5027), is amended to read:
{ + Sec. 2. + } For the biennium beginning July 1, 2009,
expenditures by the Oregon Liquor Control Commission for liquor
purchases { - and bank transaction fees - } are not limited.
SECTION 15. { + For the biennium beginning July 1, 2009,
notwithstanding ORS 30.282 and 278.425, the amount of $30,000,000
is transferred from the Insurance Fund to the General Fund for
general governmental purposes. The transfer shall be made on July
1, 2009. + }
{ +
CONSUMER AND BUSINESS SERVICES + }
SECTION 16. ORS 759.425 is amended to read:
759.425. (1) The Public Utility Commission shall establish and
implement a competitively neutral and nondiscriminatory universal
service fund { + . Subject to subsection (6) of this section, the
commission shall use the universal service fund + } to ensure
basic telephone service is available at a reasonable and
affordable rate. The Public Utility Commission may adopt rules to
conform the universal service fund to section 254 of the federal
Telecommunications Act of 1996 (Public Law 104-104), and to
related rules adopted by the Federal Communications Commission,
to the extent that the Public Utility Commission determines is
appropriate. The commission may delay implementation for rural
telecommunications carriers, as defined in the federal Act, for
up to six months after the date the Federal Communications
Commission adopts a cost methodology for rural carriers.
(2)(a) The Public Utility Commission shall establish the price
a telecommunications utility may charge its customers for basic
telephone service. The commission in its discretion shall
periodically review and evaluate the status of telecommunications
services in the state and designate the services included in
basic telephone service. The commission in its discretion shall
periodically review and adjust as necessary the price a
telecommunications utility may charge for basic telephone
service.
(b) The provisions of this subsection do not apply to the basic
telephone service provided by a telecommunications utility
described in ORS 759.040.
(3)(a) The Public Utility Commission shall establish a
benchmark for basic telephone service as necessary for the
administration and distribution of the universal service fund.
The universal service fund shall provide explicit support to an
eligible telecommunications carrier that is equal to the
difference between the cost of providing basic telephone service
and the benchmark, less any explicit compensation received by the
carrier from federal sources specifically targeted to recovery of
local loop costs and less any explicit support received by the
carrier from a federal universal service program.
(b) The commission in its discretion shall periodically review
the benchmark and adjust it as necessary to reflect:
(A) Changes in competition in the telecommunications industry;
(B) Changes in federal universal service support; and
(C) Other relevant factors as determined by the commission.
(c) Except for a telecommunications utility described in ORS
759.040, the commission shall seek to limit the difference
between the price a telecommunications utility may charge for
basic telephone service and the benchmark.
(4) Except as provided in subsections { - (6) - } { +
(7) + } and { - (7) - } { + (8) + } of this section, there is
imposed on the sale of all retail telecommunications services
sold in this state a universal service surcharge. Unless
otherwise provided by the Public Utility Commission by rule, the
surcharge shall be a uniform percentage of the sale of retail
telecommunications services in an amount sufficient to support
the purpose of the universal service fund. The surcharge may be
shown as a separate line item by all telecommunications carriers
using language prescribed by the commission. A telecommunications
carrier shall deposit amounts collected into the universal
service fund according to a schedule adopted by the commission.
(5) The Public Utility Commission is authorized to establish a
universal service fund, separate and distinct from the General
Fund. The fund shall consist of all universal service surcharge
moneys collected by telecommunications carriers and paid into the
fund. The fund shall be used only for the purpose described in
this section, and for payment of expenses incurred by the
commission or a third party appointed by the commission to
administer this section. All moneys in the fund are continuously
appropriated to the commission to carry out the provisions of
this section. Interest on moneys deposited in the fund shall
accrue to the fund.
{ + (6) In addition to the purpose specified in subsection
(1) of this section, moneys in the universal service fund may be
used by the Public Utility Commission to facilitate the
availability of broadband at fair and reasonable rates throughout
this state. The amount of moneys in the universal service fund
used for this purpose may not exceed the amount the state is
required to expend to receive the maximum amount of funds
available from federal sources for broadband services. If in-kind
services are allowed for a state's share of a mapping project,
the state shall use in-kind services before expending universal
service funds. The commission may use an independent contractor
to perform mapping services. + }
{ - (6) - } { + (7) + } For purposes of this section,
'retail telecommunications service' does not include radio
communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular
communications service.
{ - (7)(a) - } { + (8)(a) + } Notwithstanding subsection
{ - (6) - } { + (7) + } of this section, a person who
primarily provides radio communications service, radio paging
service, commercial mobile radio service, personal communications
service or cellular communications service may request
designation as an eligible telecommunications carrier by the
Public Utility Commission for purposes of participation in the
universal service fund.
(b) In the event a person who primarily provides radio
communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular
communications service seeks designation as an eligible
telecommunications carrier for purposes of participation in the
universal service fund, the person shall provide written notice
to the Public Utility Commission requesting designation as an
eligible telecommunications carrier within 60 days of the date
the commission establishes the fund. Upon receiving notice, the
commission may designate the person as an eligible
telecommunications carrier for purposes of participation in the
fund.
(c) A person who primarily provides radio communications
service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications
service who fails to request designation as an eligible
telecommunications carrier within 60 days of the date the
universal service fund is established by the Public Utility
Commission may not be designated as an eligible
telecommunications carrier unless the person has contributed to
the fund for at least one year immediately prior to requesting
designation.
{ - (8) - } { + (9) + } A pay telephone provider may apply
to the Public Utility Commission, on a form developed by the
commission, for a refund of the universal service surcharge
imposed on the provider under subsection (4) of this section for
the provision of pay telephone service.
SECTION 17. { + The amendments to ORS 759.425 by section 16 of
this 2009 Act apply to all moneys in the universal service fund,
whether deposited before, on or after the effective date of this
2009 Act. + }
SECTION 17a. Section 2, chapter 132, Oregon Laws 2009 (Enrolled
House Bill 2244), is amended to read:
{ + Sec. 2. + } The amendments to ORS 432.312 by section 1
{ - of this 2009 Act - } { + , chapter 132, Oregon Laws 2009
(Enrolled House Bill 2244), + } apply to death certificates
{ - issued - } { + filed + } on or after { - the effective
date of this 2009 Act - } { + July 1, 2009 + }.
{ +
ECONOMIC AND COMMUNITY DEVELOPMENT + }
SECTION 18. { + (1) The Oregon Progress Board may accept
contributions of moneys and assistance from the United States
Government or its agencies or from any other source, public or
private, and agree to conditions placed on the moneys not
inconsistent with the duties of the board.
(2) There is established in the State Treasury, separate and
distinct from the General Fund, the Oregon Progress Board Fund.
The fund consists of moneys received by the board under this
section and such other moneys as may otherwise be made available
by law. Interest earned on the fund shall be credited to the
fund. Moneys in the fund are continuously appropriated to the
board and may be used only for the performance of the functions
of the board. + }
SECTION 19. { + (1) The Oregon Progress Board may enter into
an agreement with:
(a) Any state agency for the provision of clerical, technical
and management personnel to the board to serve as the board's
staff and for the provision of other administrative, operational
or overhead expenses necessary to accomplish the public purposes
of the board.
(b) A nongovernmental entity for the provision of
administrative, operational or overhead expenses necessary to
accomplish the public purposes of the board.
(2) As used in this section:
(a) 'Public institution of higher education' means a community
college or a state institution of higher education listed in ORS
352.002.
(b) 'State agency' means any officer, board, commission,
department, division or institution in the executive or
administrative branch of state government or a public institution
of higher education. + }
SECTION 20. ORS 284.612 is amended to read:
284.612. (1) The Governor shall serve as chair of the Oregon
Progress Board and may appoint an executive officer for the board
for a term and with such duties and powers as the board
determines to be necessary or appropriate.
(2) A majority of the voting members of the board constitutes a
quorum for the transaction of business.
(3) The board shall meet as the board determines necessary at
times and places specified by call of the chair or a majority of
the members of the board.
{ - (4) The Oregon Department of Administrative Services
shall provide clerical, technical and management personnel to the
board to serve as the board's staff. - }
SECTION 21. { + (1) If the Oregon Progress Board enters into
an agreement with a state agency other than the Oregon Department
of Administrative Services under section 19 of this 2009 Act, the
Director of the Oregon Department of Administrative Services
shall:
(a) Deliver to the state agency all records and property within
the jurisdiction of the director that relate to the duties,
functions and powers of the board; and
(b) Transfer to the state agency those employees engaged
primarily in the exercise of the duties, functions and powers of
the board.
(2) The state agency shall take possession of the records and
property, and shall take charge of the employees and employ them
in the exercise of the duties, functions and powers of the board,
without reduction of compensation but subject to change or
termination of employment or compensation as provided by law.
(3) The Governor shall resolve any dispute between the
department and the state agency relating to transfers of records,
property and employees under this section, and the Governor's
decision is final. + }
SECTION 22. { + The unexpended balances of amounts authorized
to be expended by the Oregon Department of Administrative
Services for the biennium ending June 30, 2009, from revenues
dedicated, continuously appropriated, appropriated or otherwise
made available for the purpose of administering and enforcing the
duties, functions and powers of the Oregon Progress Board are
transferred to the Oregon Progress Board Fund established by
section 18 of this 2009 Act. + }
{ + NOTE + } : Sections 23 to 32 were deleted by amendment.
Subsequent sections were not renumbered.
SECTION 33. { + Notwithstanding ORS 461.543 (4), for the
biennium beginning July 1, 2009, the amount allocated from the
Administrative Services Economic Development Fund to the Sports
Lottery Account may not exceed $9,665,082. + }
SECTION 34. { + (1) Notwithstanding the restrictions in ORS
285B.455, for the biennium beginning July 1, 2009, moneys in the
Special Public Works Fund may be used for any purposes for which
the Economic and Community Development Department may lawfully
use funds.
(2) Notwithstanding the restrictions in ORS 285B.563, for the
biennium beginning July 1, 2009, moneys in the Water Fund may be
used for any purposes for which the Economic and Community
Development Department may lawfully use funds.
(3) Nothing in this section allows the department to use
lottery moneys for any purpose not permitted by the Oregon
Constitution. + }
SECTION 35. { + Notwithstanding the restrictions in ORS
777.267, for the biennium beginning July 1, 2009, moneys in the
Marine Navigation Improvement Fund shall be used by the Economic
and Community Development Department for principal and interest
payments on lottery revenue bonds. + }
SECTION 36. { + Notwithstanding ORS 461.547, for the biennium
beginning July 1, 2009, the amount that would otherwise be
transferred to counties under ORS 461.547 each fiscal quarter
shall be reduced by $625,000 each quarter, and that amount shall
be transferred to the Administrative Services Economic
Development Fund. + }
SECTION 37. { + Notwithstanding and in lieu of ORS 565.447,
there is allocated for the biennium beginning July 1, 2009, from
the Administrative Services Economic Development Fund, to the
Oregon Department of Administrative Services, the amount of
$3,043,303 for the purpose of supporting county fairs in this
state. Funds allocated under this section shall be deposited in
the County Fair Account established by ORS 565.445. + }
{ +
JUDICIAL BRANCH + }
SECTION 37a. ORS 1.002 is amended to read:
1.002. (1) The Supreme Court is the highest judicial tribunal
of the judicial department of government in this state. The Chief
Justice of the Supreme Court is the presiding judge of the court
and the administrative head of the judicial department of
government in this state. The Chief Justice shall exercise
administrative authority and supervision over the courts of this
state consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure. The Chief Justice, to facilitate
exercise of that administrative authority and supervision, may:
(a) Make rules and issue orders appropriate to that exercise.
(b) Require appropriate reports from the judges, other officers
and employees of the courts of this state and municipal courts.
(c) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, assign or reassign on a temporary basis all
judges of the courts of this state to serve in designated
locations within or without the county or judicial district for
which the judge was elected.
(d) Set staffing levels for all courts of the state operating
under the Judicial Department and for all operations in the
Judicial Department.
(e) Establish time standards for disposition of cases.
(f) Establish budgets for the Judicial Department and all
courts operating under the Judicial Department.
(g) Assign or reassign all court staff of courts operating
under the Judicial Department.
(h) Pursuant to policies approved by the Judicial Conference of
the State of Oregon, establish personnel rules and policies for
judges of courts operating under the Judicial Department.
(i) Take any other action appropriate to the exercise of the
powers specified in this section and other law, and appropriate
to the exercise of administrative authority and supervision by
the Chief Justice over the courts of this state.
(2) The Chief Justice may make rules for the use of electronic
applications in the courts, including but not limited to rules
relating to:
(a) Applications based on the use of the Internet and other
similar technologies;
(b) The use of an electronic document, or use of an electronic
image of a paper document in lieu of the original paper copy, for
a document, process or paper that is served, delivered, received,
filed, entered or retained in any action or proceeding;
(c) The use of electronic signatures or another form of
identification for any document, process or paper that is served,
delivered, received, filed, entered or retained in any action or
proceeding and that is required by any law or rule to be signed;
(d) The use of electronic transmission for the service of
documents in a proceeding, other than service of a summons or
service of an initial complaint or petition;
(e) Payment of statutory or court-ordered monetary obligations
through electronic media;
(f) Electronic storage of court documents;
(g) Use of electronic citations in lieu of the paper citation
forms as allowed under ORS 153.770, including use of electronic
citations for parking ordinance violations that are subject to
ORS 221.333 or 810.425;
(h) Public access through electronic means to court documents
that are required or authorized to be made available to the
public by law; and
(i) Transmission of open court proceedings through electronic
media.
(3) Rules adopted by the Chief Justice under subsection (2) of
this section must be consistent with the laws governing courts
and court procedures, but any person who serves, delivers,
receives, files, enters or retains an electronic document, or an
electronic image of a paper document in lieu of the original
paper copy, in the manner provided by a rule of the Chief Justice
under subsection (2) of this section shall be considered to have
complied with any rule or law governing service, delivery,
reception, filing, entry or retention of a paper document.
(4) Rules made and orders issued by the Chief Justice under
this section shall permit as much variation and flexibility in
the administration of the courts of this state as are appropriate
to the most efficient manner of administering each court,
considering the particular needs and circumstances of the court,
and consistent with the sound and efficient administration of the
judicial department of government in this state.
{ + (5) The Chief Justice may establish fees for the use of
the Oregon Judicial Information Network. + }
{ - (5) - } { + (6) + } The judges, other officers and
employees of the courts of this state shall comply with rules
made and orders issued by the Chief Justice. Rules and orders of
a court of this state, or a judge thereof, relating to the
conduct of the business of the court shall be consistent with
applicable rules made and orders issued by the Chief Justice.
{ - (6) - } { + (7) + } The Chief Judge of the Court of
Appeals and the presiding judge of each judicial district of this
state are the administrative heads of their respective courts.
They are responsible and accountable to the Chief Justice of the
Supreme Court in the exercise of their administrative authority
and supervision over their respective courts. Other judges of the
Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the
Chief Justice, in respect to exercise by the Chief Justice, Chief
Judge or presiding judge of administrative authority and
supervision.
{ - (7) - } { + (8) + } The Chief Justice may delegate the
exercise of any of the powers specified by this section to the
presiding judge of a court, and may delegate the exercise of any
of the administrative powers specified by this section to the
State Court Administrator, as may be appropriate.
{ - (8) - } { + (9) + } This section applies to justices of
the peace and the justice courts of this state solely for the
purpose of disciplining of justices of the peace and for the
purpose of continuing legal education of justices of the peace.
SECTION 37b. If House Bill 2287 becomes law, ORS 21.110, as
amended by section 14, chapter __, Oregon Laws 2009 (Enrolled
House Bill 2287), is amended to read:
21.110. (1)(a) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $117 as the flat and uniform filing fee for a single
party. In addition, at the time of filing any appearance in any
such action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of $117 as the flat and uniform filing
fee for a single party.
(b) Except as otherwise provided in this section, at the time
of filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $117 for each additional party named in the pleading. In
addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of $117 for each additional party named
in the pleading. { + The Chief Justice by order may provide for
exemptions from the fees established by this paragraph if
exemptions are needed for the equitable imposition of those
fees. + }
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $78 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $78 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) In any action for the recovery of money or damages, the
clerk of the circuit court shall collect the following sums from
the plaintiff at the time the action is filed, and shall collect
the following sums from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) If the amount claimed is $50,000 or more, and less than
$150,000, the clerk of the circuit court shall collect a fee of
$225.
(b) If the amount claimed is $150,000 or more, and less than
$500,000, the clerk of the circuit court shall collect a fee of
$275.
(c) If the amount claimed is $500,000 or more, and less than $1
million, the clerk of the circuit court shall collect a fee of
$325.
(d) If the amount claimed is $1 million or more, the clerk of
the circuit court shall collect a fee of $375.
(4) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.823 or 181.826, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
(5) For purposes of this section, the amount claimed, value of
property, damages or any amount in controversy does not include
any amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A.
(6) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid by the person
filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(7) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) or (3) of this
section must include in the caption of the pleading a statement
of the amount claimed.
(8) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
(9) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
SECTION 37c. If House Bill 2287 becomes law, ORS 21.110, as
amended by section 14, chapter __, Oregon Laws 2009 (Enrolled
House Bill 2287), and section 37b of this 2009 Act, is amended to
read:
21.110. (1)(a) Except as otherwise provided in this section, at
the time of filing in the circuit court of any civil action, suit
or proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $117 as the flat and uniform filing fee for a single
party. In addition, at the time of filing any appearance in any
such action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of $117 as the flat and uniform filing
fee for a single party.
(b) Except as otherwise provided in this section, at the time
of filing in the circuit court of any civil action, suit or
proceeding, including appeals, the clerk of the circuit court
shall collect from the plaintiff, appellant or moving party the
sum of $117 for each additional party named in the pleading. In
addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent
appearing separately, or upon the part of defendants or
respondents appearing jointly, the clerk shall collect from the
party or parties the sum of $117 for each additional party named
in the pleading. { - The Chief Justice by order may provide for
exemptions from the fees established by this paragraph if
exemptions are needed for the equitable imposition of those
fees. - }
(2) In the following actions, the clerk of the circuit court
shall collect the sum of $78 as a flat and uniform filing fee
from the plaintiff, appellant or moving party at the time the
action is filed, and shall collect the sum of $78 as a flat and
uniform filing fee from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) Actions for the recovery of money or damages only when the
amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal property when
the value of the property claimed and the damages for the
detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture,
whether given by statute or arising out of contract, not
exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon
personal property where the amount claimed for such liens does
not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader,
when the amount of money or the value of the property involved
does not exceed $10,000.
(f) Actions for injunctive relief under ORS chapter 90 when the
amount of any damages claimed does not exceed $10,000.
(3) In any action for the recovery of money or damages, the
clerk of the circuit court shall collect the following sums from
the plaintiff at the time the action is filed, and shall collect
the following sums from any defendant or respondent appearing
separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the
action:
(a) If the amount claimed is $50,000 or more, and less than
$150,000, the clerk of the circuit court shall collect a fee of
$225.
(b) If the amount claimed is $150,000 or more, and less than
$500,000, the clerk of the circuit court shall collect a fee of
$275.
(c) If the amount claimed is $500,000 or more, and less than $1
million, the clerk of the circuit court shall collect a fee of
$325.
(d) If the amount claimed is $1 million or more, the clerk of
the circuit court shall collect a fee of $375.
(4) The clerk of the court shall collect the sum of $300 as a
flat and uniform filing fee from the petitioner in a proceeding
under ORS 181.823 or 181.826, at the time the petition is filed.
Fees collected under this subsection shall be deposited into the
Judicial Department Operating Account established in ORS 1.009.
(5) For purposes of this section, the amount claimed, value of
property, damages or any amount in controversy does not include
any amount claimed as costs and disbursements or attorney fees as
defined by ORCP 68 A.
(6) A pleading or other document shall be filed by the clerk
only if the fee required under this section is paid by the person
filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be
refunded to any party. The uniform fee shall cover all services
to be performed by the court or clerk in any such action, suit or
proceeding, except where additional fees are specially authorized
by law.
(7) Any plaintiff, appellant, moving party, defendant or
respondent that files an action or appearance that is subject to
the filing fees established under subsection (2) or (3) of this
section must include in the caption of the pleading a statement
of the amount claimed.
(8) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of
marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child
under ORS 109.103;
(e) Probate, adoption or change of name proceedings;
(f) Proceedings involving dwelling units to which ORS chapter
90 applies and for which the fee is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by
a party who has appeared in the action or proceeding.
(9) The fees described in this section shall not be charged to
a district attorney or to the Division of Child Support of the
Department of Justice for the filing of any case, motion,
document, stipulated order, process or other document relating to
the provision of support enforcement services as described in ORS
25.080.
SECTION 37d. { + The amendments to ORS 21.110 by section 37c
of this 2009 Act become operative July 1, 2011. + }
SECTION 37e. If House Bill 2287 becomes law, ORS 21.010, as
amended by section 28, chapter __, Oregon Laws 2009 (Enrolled
House Bill 2287), is amended to read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
(2) Except as provided in this section, the appellant in an
appeal or the petitioner in a judicial review in the Supreme
Court or the Court of Appeals shall pay $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid. { + The Chief Justice by order may provide for
exemptions from the fees established by this subsection if
exemptions are needed for the equitable imposition of those
fees. + }
(3) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to be
mentally retarded under ORS 427.295, or on judicial review of
orders of the Psychiatric Security Review Board under ORS 161.385
(9) or orders of the State Board of Parole and Post-Prison
Supervision.
(4) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(5) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
SECTION 37f. If House Bill 2287 becomes law, ORS 21.010, as
amended by section 28, chapter __, Oregon Laws 2009 (Enrolled
House Bill 2287), and section 37e of this 2009 Act, is amended to
read:
21.010. (1) Except as provided in this section, the appellant
in an appeal or the petitioner in a judicial review in the
Supreme Court or the Court of Appeals shall pay a filing fee of
$154 in the manner prescribed by ORS 19.265. The respondent in
such case and any other person appearing in the appeal, upon
entering first appearance or filing first brief in the court,
shall pay to the State Court Administrator the sum of $154. The
party entitled to costs and disbursements on such appeal shall
recover from the opponent the amount so paid.
(2) Except as provided in this section, the appellant in an
appeal or the petitioner in a judicial review in the Supreme
Court or the Court of Appeals shall pay $154 for each additional
person named as an appellant or petitioner. The respondent in
such case, and any other person appearing in the appeal, shall
pay $154 to the State Court Administrator for each additional
person named as a respondent. The party entitled to costs and
disbursements on such appeal shall recover from the opponent the
amount so paid.
{ - The Chief Justice by order may provide for exemptions from
the fees established by this subsection if exemptions are needed
for the equitable imposition of those fees. - }
(3) Filing and appearance fees may not be assessed in appeals
from habeas corpus proceedings under ORS 34.710, post-conviction
relief proceedings under ORS 138.650, juvenile court under ORS
419A.200 and the involuntary commitment of persons determined to
be mentally ill under ORS 426.135 or persons determined to be
mentally retarded under ORS 427.295, or on judicial review of
orders of the Psychiatric Security Review Board under ORS 161.385
(9) or orders of the State Board of Parole and Post-Prison
Supervision.
(4) Filing and appearance fees shall be assessed in an appeal
from an appeal to a circuit court from a justice court or
municipal court in an action alleging commission of a state
offense designated as a violation or an action alleging violation
of a city charter or ordinance, but not in an action alleging
commission of a state crime.
(5) Filing and appearance fees shall only be assessed in an
appeal in a contempt proceeding seeking imposition of remedial
sanctions under the provisions of ORS 33.055.
SECTION 37g. { + The amendments to ORS 21.010 by section 37f
of this 2009 Act become operative July 1, 2011. + }
SECTION 37h. If House Bill 2287 becomes law, section 38,
chapter __, Oregon Laws 2009 (Enrolled House Bill 2287), is
amended to read:
{ + Sec. 38. + } (1) In any civil proceeding subject to a fee
under ORS 21.110, 21.111, 21.114 or 21.310, the clerk of a
circuit court shall collect the sum of $10 for filing or
submission of an ex parte order or judgment for the purpose of
signature by the judge and entry.
(2) The fee established under this section may not be collected
for filings or submissions in small claims actions. { + The
Chief Justice by order may provide for exemptions from the fees
established by this section if exemptions are needed for the
equitable imposition of those fees. + }
(3) The fee imposed under this section applies only to ex parte
orders or judgments filed or submitted on or after October 1,
2009, and before July 1, 2011.
(4) All fees imposed under this section shall be deposited in
the Judicial System Surcharge Account.
(5) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section.
SECTION 37i. If House Bill 2287 becomes law, section 33,
chapter __, Oregon Laws 2009 (Enrolled House Bill 2287), is
amended to read:
{ + Sec. 33. + } (1) In any { - proceeding in the Court of
Appeals or Supreme Court - } { + appeal or petition for review
subject to a fee under ORS 21.010 + }, the clerk of the court
shall collect a fee of $50 from any party filing a motion for
continuance or a motion for an extension of time for the filing
of a brief or other document in the proceeding.
(2) The fee imposed under this section applies only to motions
filed on or after October 1, 2009, and before July 1, 2011.
(3) All fees imposed under this section shall be deposited in
the Judicial System Surcharge Account.
(4) The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from fees
imposed under this section.
{ +
NATURAL RESOURCES + }
SECTION 38. ORS 197.830 is amended to read:
197.830. (1) Review of land use decisions or limited land use
decisions under ORS 197.830 to 197.845 shall be commenced by
filing a notice of intent to appeal with the Land Use Board of
Appeals.
(2) Except as provided in ORS 197.620 (1) and (2), a person may
petition the board for review of a land use decision or limited
land use decision if the person:
(a) Filed a notice of intent to appeal the decision as provided
in subsection (1) of this section; and
(b) Appeared before the local government, special district or
state agency orally or in writing.
(3) If a local government makes a land use decision without
providing a hearing, except as provided under ORS 215.416 (11) or
227.175 (10), or the local government makes a land use decision
that is different from the proposal described in the notice of
hearing to such a degree that the notice of the proposed action
did not reasonably describe the local government's final actions,
a person adversely affected by the decision may appeal the
decision to the board under this section:
(a) Within 21 days of actual notice where notice is required;
or
(b) Within 21 days of the date a person knew or should have
known of the decision where no notice is required.
(4) If a local government makes a land use decision without a
hearing pursuant to ORS 215.416 (11) or 227.175 (10):
(a) A person who was not provided mailed notice of the decision
as required under ORS 215.416 (11)(c) or 227.175 (10)(c) may
appeal the decision to the board under this section within 21
days of receiving actual notice of the decision.
(b) A person who is not entitled to notice under ORS 215.416
(11)(c) or 227.175 (10)(c) but who is adversely affected or
aggrieved by the decision may appeal the decision to the board
under this section within 21 days after the expiration of the
period for filing a local appeal of the decision established by
the local government under ORS 215.416 (11)(a) or 227.175
(10)(a).
(c) A person who receives mailed notice of a decision made
without a hearing under ORS 215.416 (11) or 227.175 (10) may
appeal the decision to the board under this section within 21
days of receiving actual notice of the nature of the decision, if
the mailed notice of the decision did not reasonably describe the
nature of the decision.
(d) Except as provided in paragraph (c) of this subsection, a
person who receives mailed notice of a decision made without a
hearing under ORS 215.416 (11) or 227.175 (10) may not appeal the
decision to the board under this section.
(5) If a local government makes a limited land use decision
which is different from the proposal described in the notice to
such a degree that the notice of the proposed action did not
reasonably describe the local government's final actions, a
person adversely affected by the decision may appeal the decision
to the board under this section:
(a) Within 21 days of actual notice where notice is required;
or
(b) Within 21 days of the date a person knew or should have
known of the decision where no notice is required.
(6)(a) Except as provided in paragraph (b) of this subsection,
the appeal periods described in subsections (3), (4) and (5) of
this section shall not exceed three years after the date of the
decision.
(b) If notice of a hearing or an administrative decision made
pursuant to ORS 197.195 or 197.763 is required but has not been
provided, the provisions of paragraph (a) of this subsection do
not apply.
(7)(a) Within 21 days after a notice of intent to appeal has
been filed with the board under subsection (1) of this section,
any person { + described in paragraph (b) of this subsection + }
may intervene in and be made a party to the review proceeding
{ - upon a showing of compliance with subsection (2) of this
section - } { + by filing a motion to intervene and by paying a
filing fee of $100 + }.
(b) { - Notwithstanding the provisions of paragraph (a) of
this subsection, - } Persons who may intervene in and be made a
party to the review proceedings, as set forth in subsection (1)
of this section, are:
(A) The applicant who initiated the action before the local
government, special district or state agency; or
(B) Persons who appeared before the local government, special
district or state agency, orally or in writing.
(c) Failure to comply with the deadline { + or to pay the
filing fee + } set forth in paragraph (a) of this subsection
shall result in denial of a motion to intervene.
(8) If a state agency whose order, rule, ruling, policy or
other action is at issue is not a party to the proceeding, it may
file a brief with the board as if it were a party. The brief
shall be due on the same date the respondent's brief is due { +
and shall be accompanied by a filing fee of $100 + }.
(9) A notice of intent to appeal a land use decision or limited
land use decision shall be filed not later than 21 days after the
date the decision sought to be reviewed becomes final. A notice
of intent to appeal plan and land use regulation amendments
processed pursuant to ORS 197.610 to 197.625 shall be filed not
later than 21 days after notice of the decision sought to be
reviewed is mailed or otherwise submitted to parties entitled to
notice under ORS 197.615. Failure to include a certificate of
mailing with the notice mailed under ORS 197.615 shall not render
the notice defective. Copies of the notice of intent to appeal
shall be served upon the local government, special district or
state agency and the applicant of record, if any, in the local
government, special district or state agency proceeding. The
notice shall be served and filed in the form and manner
prescribed by rule of the board and shall be accompanied by a
filing fee of
{ - $175 - } { + $200 + } and a deposit for costs to be
established by the board. If a petition for review is not filed
with the board as required in subsections (10) and (11) of this
section, the filing fee and deposit shall be awarded to the local
government, special district or state agency as cost of
preparation of the record.
(10)(a) Within 21 days after service of the notice of intent to
appeal, the local government, special district or state agency
shall transmit to the board the original or a certified copy of
the entire record of the proceeding under review. By stipulation
of all parties to the review proceeding the record may be
shortened. The board may require or permit subsequent corrections
to the record; however, the board shall issue an order on a
motion objecting to the record within 60 days of receiving the
motion.
(b) Within 10 days after service of a notice of intent to
appeal, the board shall provide notice to the petitioner and the
respondent of their option to enter into mediation pursuant to
ORS 197.860. Any person moving to intervene shall be provided
such notice within seven days after a motion to intervene is
filed. The notice required by this paragraph shall be accompanied
by a statement that mediation information or assistance may be
obtained from the Department of Land Conservation and
Development.
(11) A petition for review of the land use decision or limited
land use decision and supporting brief shall be filed with the
board as required by the board under subsection (13) of this
section.
(12) The petition shall include a copy of the decision sought
to be reviewed and shall state:
(a) The facts that establish that the petitioner has standing.
(b) The date of the decision.
(c) The issues the petitioner seeks to have reviewed.
(13)(a) The board shall adopt rules establishing deadlines for
filing petitions and briefs and for oral argument.
(b) At any time subsequent to the filing of a notice of intent
and prior to the date set for filing the record, or, on appeal of
a decision under ORS 197.610 to 197.625, prior to the filing of
the respondent's brief, the local government or state agency may
withdraw its decision for purposes of reconsideration. If a
local government or state agency withdraws an order for purposes
of reconsideration, it shall, within such time as the board may
allow, affirm, modify or reverse its decision. If the petitioner
is dissatisfied with the local government or agency action after
withdrawal for purposes of reconsideration, the petitioner may
refile the notice of intent and the review shall proceed upon the
revised order. An amended notice of intent shall not be required
if the local government or state agency, on reconsideration,
affirms the order or modifies the order with only minor changes.
(14) The board shall issue a final order within 77 days after
the date of transmittal of the record. If the order is not issued
within 77 days the applicant may apply in Marion County or the
circuit court of the county where the application was filed for a
writ of mandamus to compel the board to issue a final order.
(15)(a) Upon entry of its final order the board may, in its
discretion, award costs to the prevailing party including the
cost of preparation of the record if the prevailing party is the
local government, special district or state agency whose decision
is under review. The deposit required by subsection (9) of this
section shall be applied to any costs charged against the
petitioner.
(b) The board shall also award reasonable attorney fees and
expenses to the prevailing party against any other party who the
board finds presented a position without probable cause to
believe the position was well-founded in law or on factually
supported information.
(16) Orders issued under this section may be enforced in
appropriate judicial proceedings.
(17)(a) The board shall provide for the publication of its
orders that are of general public interest in the form it deems
best adapted for public convenience. The publications shall
constitute the official reports of the board.
(b) Any moneys collected or received from sales by the board
shall be paid into the Board Publications Account established by
ORS 197.832.
(18) Except for any sums collected for publication of board
opinions, all fees collected by the board under this section that
are not awarded as costs shall be paid over to the State
Treasurer to be credited to the General Fund.
SECTION 39. { + The amendments to ORS 197.830 by section 38 of
this 2009 Act apply to appeals filed on or after the effective
date of this 2009 Act. + }
SECTION 40. { + For the biennium beginning July 1, 2009,
notwithstanding ORS 541.750, 541.830 and 541.840, from moneys
paid into the Water Development Administration and Bond Sinking
Fund under ORS 541.750, the amount of $300,000 is transferred
from the Water Development Administration and Bond Sinking Fund
to the General Fund for general governmental purposes. The
transfer shall be made on July 1, 2009. + }
SECTION 40a. { + If House Bill 3369 does not become law, then
notwithstanding sections 8 and 9, chapter ___, Oregon Laws 2009
(Enrolled Senate Bill 5535), the State Treasurer may not issue
lottery bonds for the Water Resources Department or the Water
Resources Commission. + }
SECTION 41. { + For the biennium beginning July 1, 2009,
notwithstanding ORS 273.105 and 327.410, the amount of $664,952
of unexpended moneys remaining from the 2006 settlement agreement
for removal of the New Carissa from the territorial sea is
transferred from the Distributable Income Account to the General
Fund for general governmental purposes. The transfer shall be
made on July 1, 2009. + }
{ +
PUBLIC SAFETY + }
SECTION 42. { + For the biennium beginning July 1, 2009,
notwithstanding ORS 180.095, the amount of $2,000,000 is
transferred from the Consumer Protection and Education Revolving
Account to the General Fund for general governmental purposes.
The transfer shall be made on July 1, 2009. + }
SECTION 43. { + Section 44 of this 2009 Act is added to and
made a part of ORS 181.610 to 181.712. + }
SECTION 44. { + Notwithstanding any contrary provision of ORS
181.610 to 181.712:
(1) The Department of Corrections shall provide training for
basic certification of corrections officers employed by the
Department of Corrections.
(2) The Department of Corrections shall develop proposed
training standards for the basic certification of corrections
officers employed by the Department of Corrections and provide
the proposed standards to the Corrections Policy Committee. After
reviewing the proposed standards provided by the Department of
Corrections, the Corrections Policy Committee shall recommend,
and the Board on Public Safety Standards and Training shall adopt
by rule, minimum training standards for basic certification of
corrections officers employed by the Department of Corrections.
The minimum training standards adopted under this subsection must
meet or exceed the minimum training standards for the basic
certification of corrections officers employed by a law
enforcement unit other than the Department of Corrections.
(3) The Department of Public Safety Standards and Training
shall conduct periodic audits of the training provided by the
Department of Corrections to ensure compliance with the standards
adopted under subsection (2) of this section. If the Department
of Public Safety Standards and Training finds that the training
complies with the standards, the department shall accredit the
training for the same term and upon the same conditions as
training programs for corrections officers that are employed by a
law enforcement unit other than the Department of Corrections.
(4) Training provided in accordance with this section
constitutes training necessary for certification as a corrections
officer under ORS 181.610 to 181.712.
(5) Nothing in this section limits the ability of any law
enforcement unit to employ a corrections officer who is provided
training in accordance with this section. + }
{ + NOTE + } : Section 45 was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 46. { + No later than March 1, 2011, the Department of
Public Safety Standards and Training shall report to the
Legislative Assembly in the manner provided in ORS 192.245 on the
efficacy of the training described in section 44 of this 2009
Act. + }
{ + NOTE + } : Section 46a was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 46b. { + (1) Section 44 of this 2009 Act applies to
corrections officers hired by the Department of Corrections on or
after the effective date of this 2009 Act and before January 2,
2014.
(2) Nothing in the repeal of section 44 of this 2009 Act by
section 46d of this 2009 Act:
(a) Prohibits the Department of Corrections from completing the
basic training of corrections officers who are hired on or after
the effective date of this 2009 Act and before January 2, 2014.
(b) Affects the certification, or the eligibility for
certification, of a corrections officer who is provided basic
training by the Department of Corrections in accordance with
section 44 of this 2009 Act. + }
{ + NOTE + } : Section 46c was deleted by amendment.
Subsequent sections were not renumbered.
SECTION 46d. { + Sections 43, 44 and 46 of this 2009 Act are
repealed on January 2, 2014. + }
SECTION 47. ORS 401.806 is amended to read:
401.806. (1) The Emergency Communications Account is
established separate and distinct from the General Fund in the
State Treasury. All moneys received by the Department of Revenue
pursuant to ORS 401.792 to 401.804 and interest thereon shall be
paid to the State Treasurer to be held in a suspense account
established under ORS 293.445. After payment of refunds, the
balance of the moneys received shall be paid into the State
Treasury and credited to the Emergency Communications Account.
{ - All earnings on investment of moneys in the Emergency
Communications Account shall accrue to that account. - } All
moneys in the account are { - appropriated - } continuously
{ + appropriated + } to the Office of Emergency Management and
shall be used for the purposes described in ORS 401.808.
(2) The Enhanced 9-1-1 Subaccount is established as a
subaccount of the Emergency Communications Account. Thirty-five
percent of the amount in the Emergency Communications Account on
the date of distribution shall be credited to the Enhanced 9-1-1
Subaccount. All moneys in the account are continuously
appropriated to the Office of Emergency Management and shall be
used for the purposes described in ORS 401.808 (3), (4) and (5).
(3) The Enhanced 9-1-1 Equipment Replacement Subaccount is
established as a subaccount of the Emergency Communications
Account. Two and one-half percent of the amount in the Emergency
Communications Account shall be credited to the Enhanced 9-1-1
Equipment Replacement Subaccount. All moneys in the account are
continuously appropriated to the Office of Emergency Management
and shall be used for the purposes described in ORS 401.808 (7).
{ +
TRANSPORTATION + }
SECTION 48. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts as
provided under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Any remaining moneys shall, upon approval by the Winter
Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 { - shall - } { + may + } be used for
{ + development and maintenance of multiuse trails within urban
growth boundaries described in section 31, chapter ___, Oregon
Laws 2009 (Enrolled House Bill 2001), or for + } the development
and maintenance of snowmobile facilities, including the
acquisition of land therefor by any means other than the exercise
of eminent domain. Moneys received under ORS 802.120 may also be
used for the enforcement of ORS 811.590, 821.100 to 821.120,
821.140, 821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
{ +
EDUCATION + }
SECTION 49. ORS 327.535 is amended to read:
327.535. (1) Subject to subsections (2) and (3) of this
section, { - any - } { + a + } school district that provides
lunch at any school site shall make { - breakfasts - }
{ + breakfast + } accessible { + as part of a breakfast
program + } if 25 percent or more of the students at the site are
eligible for free or reduced price lunches under the United
States Department of Agriculture's current Income Eligibility
Guidelines or the school site qualifies for assistance under
Chapter I of Title I of the federal Elementary and Secondary
Education Act of 1965.
(2) { - The - } { + A + } school district { + that makes
breakfast accessible as provided under subsection (1) of this
section + } may apply to the State Board of Education for a
waiver for all or for particular grade levels if it is
financially unable to implement a breakfast program. The state
board may grant a waiver to the school district for a period not
to exceed two years, after which the school district must
reestablish its claim of financial hardship if the waiver is to
be extended.
(3) If the per meal federal reimbursement for the { - free
and reduced price - } breakfast program falls below the 1991
reimbursement levels, a school district may elect to discontinue
the program until federal funding is restored to those levels. No
waiver is required for such election.
{ + (4) A school district that makes breakfast accessible at
any school site shall make breakfast accessible at that school
site at no charge to all students who are eligible for free or
reduced price lunches under the United States Department of
Agriculture's current Income Eligibility Guidelines. For each
breakfast that a school district provides free of charge to a
student who is eligible for a reduced price lunch, the Department
of Education shall provide reimbursement to the school district
for the actual amount that a student would have been required to
pay for the reduced price breakfast. + }
SECTION 50. { + The amendments to ORS 327.535 by section 49 of
this 2009 Act first apply to the 2009-2010 school year. + }
{ +
MISCELLANEOUS + }
SECTION 51. { + The unit captions used in this 2009 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2009 Act. + }
SECTION 52. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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