Chapter 444 Oregon Laws 2011

AN ACT

HB 2325

Relating to elder abuse investigations; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) There is created the Oregon Elder Abuse Work Group consisting of 17 members appointed as follows:

(a) The President of the Senate shall appoint two members from among members of the Senate who shall cease being members of the work group upon ceasing to be members of the Legislative Assembly.

(b) The Speaker of the House of Representatives shall appoint two members from among members of the House of Representatives who shall cease being members of the work group upon ceasing to be members of the Legislative Assembly.

(c) The Governor shall appoint 10 members as follows:

(A) The Long Term Care Ombudsman appointed under ORS 441.103;

(B) Three members representing long term care providers for elderly persons;

(C) Two members representing law enforcement agencies, one of whom shall be a representative from the Oregon District Attorneys Association and one of whom shall be a representative from a local law enforcement agency with expertise in investigating elder abuse;

(D) Two members representing consumers who are elderly persons;

(E) An officer of a bank, as defined in ORS 706.008; and

(F) An officer of a credit union, as defined in ORS 723.008.

(d) The chairperson of the Governor’s Commission on Senior Services created under ORS 410.320 shall appoint one member.

(e) The Director of Human Services shall appoint two members as follows:

(A) One member with expertise in elder abuse services and investigations; and

(B) One member representing the office or department within the Department of Human Services that performs criminal background checks of individuals providing services to elderly persons or conducting elder abuse investigations.

(2) The work group shall have its first meeting on or before the later of 30 days after adjournment sine die of the 2011 regular session of the Seventy-sixth Legislative Assembly or September 30, 2011.

(3) The work group shall study and make recommendations on:

(a) The definition of “elder abuse.”

(b) The criminal background check system and its role in prevention and investigation of elder abuse.

(c) The process involved in conducting elder abuse investigations.

(d) Elder abuse data reporting systems.

(e) Reports to the Legislative Assembly.

(f) Information that could be made available to the public regarding elder abuse and investigations of elder abuse.

(4) The work group shall prepare a detailed assessment of the costs to implement the work group’s recommendations. The assessment must address both current and future needs in providing elder abuse prevention and investigation services. Each agency or organization with a member on the work group shall cooperate with the work group in assessing and identifying the costs of complying with the work group’s recommendations.

(5) A majority of the members of the work group constitutes a quorum for the transaction of business.

(6) Official action by the work group requires the approval of a majority of the members of the work group.

(7) The work group shall elect one of its members to serve as chairperson.

(8) If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective.

(9) The work group shall meet at times and places specified by the call of the chairperson or of a majority of the members of the work group.

(10) The work group may adopt rules necessary for the operation of the work group.

(11) The work group shall make a report, and may include recommendations for legislation, to interim committees of the Legislative Assembly related to the provision of services to elderly persons and investigation of elder abuse no later than January 15, 2012.

(12) The work group may accept donations of staff support, office space and equipment from advocacy or service provider organizations to assist the work group in the performance of its functions.

(13) Notwithstanding ORS 171.072, members of the work group who are members of the Legislative Assembly are not entitled to mileage expenses or a per diem and serve as volunteers on the work group. Other members of the work group are not entitled to compensation or reimbursement for expenses and serve as volunteers on the work group.

(14) All agencies of state government as defined in ORS 174.111 are directed to assist the work group in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the work group consider necessary to perform their duties.

SECTION 2. Section 1 of this 2011 Act is repealed on February 29, 2012.

SECTION 3. This 2011 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2011 Act takes effect on its passage.

Approved by the Governor June 21, 2011

Filed in the office of Secretary of State June 21, 2011

Effective date June 21, 2011

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