Chapter 421 Oregon Laws 1999
Session Law
AN ACT
SB 303
Relating to Department of
Human Resources; creating new provisions; and amending ORS 409.010, 409.060,
409.070, 409.100, 409.110, 409.130, 409.360 and 409.365.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 409.010 is amended to read:
409.010. (1) The Department of Human [Resources] Services is
created.
(2) The department [of
Human Resources] shall provide programs for the delivery to the public of
services relating to public assistance, children and families, health and
health-related affairs, mental health and developmental disabilities,
vocational rehabilitation, elderly persons, disabled persons, including persons
with traumatic brain injuries, alcohol and drug abuse and such other services
as may be assigned to the department [of
Human Resources]. Family support services provided by the department [of Human Resources] shall be delivered
in accordance with the principles described in ORS 417.342 and 417.344.
(3) The department [of
Human Resources] shall provide the programs and services enumerated in
subsection (2) of this section through the divisions and other organizational
units, including but not limited to the following:
(a) The Adult and Family Services Division;
(b) The State Office for Services to Children and Families;
(c) The Mental Health and Developmental Disability Services
Division;
(d) The Vocational Rehabilitation Division;
(e) The Health Division;
(f) The Senior and Disabled Services Division; and
(g) Alcohol and Drug Abuse Programs.
(4) The department [of
Human Resources] shall be the recipient of all federal funds paid or to be
paid to the state to enable the state to provide the programs and services
assigned to the department [of Human
Resources].
SECTION 2.
ORS 409.060 is amended to read:
409.060. (1) There is established in the General Fund of the
State Treasury an account to be known as the Department of Human [Resources] Services Account. All moneys in this account are appropriated for
and shall be used by the Department of
Human Services for the respective purposes authorized by law. The moneys in
the account and all appropriations for the account are subject to allotment
control by the Oregon Department of Administrative Services.
(2) The Department of Human [Resources] Services
shall keep a record of all moneys credited to and deposited in the account. The
records shall indicate by separate cumulative accounts the source from which
the moneys were derived and the individual activity or program against which
each withdrawal is charged.
(3) The unobligated balance in the account on June 30 of each
odd-numbered year shall be determined by the department as of September 30 next
following, and certified to the Oregon Department of Administrative Services.
Unless otherwise provided by law or action of the Emergency Board, the amount
certified pursuant to this subsection shall revert to the General Fund and
become available for general governmental purposes.
SECTION 3.
ORS 409.070 is amended to read:
409.070. (1) There is established a Department of Human [Resources] Services Special Checking Account in the State Treasury. Upon the
written request of the Director of Human [Resources] Services, the Oregon Department of
Administrative Services shall draw warrants in favor of the Department of Human
[Resources] Services to be charged against appropriations and other moneys
available to the Department of Human [Resources] Services in the same manner as other
claims against the state, as provided in ORS chapter 293. All such warrants
shall be deposited in the special checking account and may be disbursed by
check.
(2) The special checking account may be used for the purpose of
paying the administrative expenses of programs and services as assigned to the
Department of Human [Resources] Services by law, including the payment
of expenses to be reimbursed by the Federal Government.
SECTION 4.
ORS 409.100 is amended to read:
409.100. (1) The Department of Human Resources shall be under
the supervision and control of a director who is responsible for providing for
programs for the delivery to the public of the services assigned to the
department by ORS 409.010 or otherwise, and for undertaking long-range planning
necessary for the effective and efficient delivery of these services.
(2) The Governor shall appoint the director [for a term of four years, but the]. The director may be removed at any
time [during such term] at the
pleasure of the Governor. The appointment of the director is subject to
confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.
(3) The director shall receive such salary as may be provided
by law or, if not so provided, as may be fixed by the Governor, and shall be
reimbursed for all expenses actually and necessarily incurred by the director
in the performance of official duties.
SECTION 5.
ORS 409.100, as amended by section 4 of this 1999 Act, is amended to read:
409.100. (1) The Department of Human [Resources] Services
shall be under the supervision and control of [a] the Director of Human Services, who is responsible
for providing for programs for the delivery to the public of the services
assigned to the department by ORS 409.010 or otherwise, and for undertaking
long-range planning necessary for the effective and efficient delivery of these
services.
(2) The Governor shall appoint the director. The director may
be removed at any time at the pleasure of the Governor. The appointment of the
director is subject to confirmation by the Senate in the manner provided in ORS
171.562 and 171.565.
(3) The director shall receive such salary as may be provided
by law or, if not so provided, as may be fixed by the Governor, and shall be
reimbursed for all expenses actually and necessarily incurred by the director
in the performance of official duties.
SECTION 6.
ORS 409.110 is amended to read:
409.110. (1) The Director of Human Resources, consistent with
any federal requirements and with the prior consent of the Governor:
(a) May cause the programs, divisions, other organizational
units and offices within the Department of
Human Resources to make joint use of the personnel, resources, information
and facilities available within the department[.];
(b) May combine or transfer components of existing programs,
divisions, other organizational units and offices within the department[.];
and
(c) May organize and
reorganize the department in the manner the director considers necessary to
properly conduct the work of the department consistent with federal
requirements and after consultation with parties affected by such change,
including but not limited to service providers, advisory committees and county
governments.
(2) [Where] When the action taken under subsection
(1) of this section requires any transfer between appropriations or expenditure
limitations or between the budgets of programs, divisions, other organizational
units and offices within the department, established by legislative action, the
transfer first must be approved by the Legislative Assembly or, if it is not in
session, the Emergency Board.
(3) [Any organizational
changes within the department that are not described in subsection (1) of this
section shall be made only after approval thereof by joint resolution of the
Legislative Assembly.] Consistent
with federal requirements, the director has the same power, duty, function or
authority that is vested in any division or office of the department or any
personnel in the department. The director may delegate any power, duty,
function or authority in accordance with ORS 409.120.
(4) The director may make
financial grants to local units of government, nonprofit organizations and
individuals from funds appropriated by the Legislative Assembly to carry out
the department's responsibilities.
SECTION 7.
ORS 409.130 is amended to read:
409.130. (1) The Director of
Human Resources may appoint a deputy director, whose appointment is subject
to approval by the Governor and who shall serve at the pleasure of the
director. The deputy director shall have full authority to act for the
director, subject to directions of the director. The appointment of the deputy
director shall be by written order, filed with the Secretary of State.
(2) Each division or
office within the Department of Human Resources shall be under the supervision
of an assistant director appointed by the director[, whose]. The assistant
director's appointment is subject to approval by the Governor [and who shall serve]. The assistant director serves at the pleasure of the director.
(3) Except as provided in subsection (1) of this section and
subject to any applicable provisions of the State Personnel Relations Law, the
director may appoint employees within the office of the director of the
department, prescribe their functions and fix their compensation.
(4) In addition to the assistant directors specified in
subsection (2) of this section, the director may appoint [one] other assistant [director] directors to carry out such other responsibilities as the director
may assign.
SECTION 8.
ORS 409.360 is amended to read:
409.360. (1) The Director of Human [Resources] Services is
authorized to establish the Department of Human [Resources] Services
Volunteer Program to assist in carrying out the duties of the Department of
Human [Resources] Services.
(2) A volunteer who is performing services pursuant to the
Department of Human [Resources] Services Volunteer Program established
under subsection (1) of this section is an agent of the state for purposes of
ORS 30.260 to 30.300 and is not an agent of local governments or nonprofit
entities that utilize the volunteer's services. However, local government or
nonprofit entities are responsible for their own negligent acts or those of
their own officers, employees and agents.
(3) The director is authorized to adopt all rules necessary to
implement and administer the Department of Human [Resources] Services
Volunteer Program.
SECTION 9.
ORS 409.365 is amended to read:
409.365. (1) The Department of Human [Resources] Services
Volunteer Program Donated Fund Account is established separate and distinct
from the General Fund. Interest earned, if any, shall inure to the benefit of
the account. The moneys in the account are appropriated continuously to the
Department of Human [Resources] Services.
(2) The Department of Human [Resources] Services
Volunteer Program shall keep a record of all moneys credited to and deposited
in the Department of Human [Resources]
Services Volunteer Program Donated
Fund Account. The record shall indicate the source from which the moneys are
derived and the activity or program against which each withdrawal is charged.
(3) All private donations or contributions made for the use or
benefit of the Department of Human [Resources]
Services Volunteer Program shall be
deposited in the Department of Human [Resources]
Services Volunteer Program Donated
Fund Account. All funds deposited in that account shall be used for direct
program expenditures for the Department of Human [Resources] Services
Volunteer Program and shall not be used for direct or indirect administrative
expenditures.
SECTION 10. (1) The amendments to ORS 409.010 by
section 1 of this 1999 Act are intended to change the name of the Department of
Human Resources to the Department of Human Services.
(2) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Department of Human Resources, wherever they occur in Oregon Revised Statutes,
other words designating the Department of Human Services.
(3) The amendments to ORS
409.060 by section 2 of this 1999 Act are intended to change the name of the
Department of Human Resources Account to the Department of Human Services
Account.
(4) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Department of Human Resources Account, wherever they occur in Oregon Revised
Statutes, other words designating the Department of Human Services Account.
(5) The amendments to ORS
409.070 by section 3 of this 1999 Act are intended to change the name of the
Department of Human Resources Special Checking Account to the Department of
Human Services Special Checking Account.
(6) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Department of Human Resources Special Checking Account, wherever they occur in
Oregon Revised Statutes, other words designating the Department of Human
Services Special Checking Account.
(7) The amendments to ORS
409.100 by section 5 of this 1999 Act are intended to change the name of the
Director of Human Resources to the Director of Human Services.
(8) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Director of Human Resources or the Director of the Department of Human
Resources, wherever they occur in Oregon Revised Statutes, other words
designating the Director of Human Services.
(9) The amendments to ORS
409.360 by section 8 of this 1999 Act are intended to change the name of the
Department of Human Resources Volunteer Program to the Department of Human
Services Volunteer Program.
(10) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Department of Human Resources Volunteer Program, wherever they occur in Oregon
Revised Statutes, other words designating the Department of Human Services
Volunteer Program.
(11) The amendments to ORS
409.365 by section 9 of this 1999 Act are intended to change the name of the
Department of Human Resources Volunteer Program Donated Fund Account to the
Department of Human Services Volunteer Program Donated Fund Account.
(12) For the purpose of
harmonizing and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words designating the
Department of Human Resources Volunteer Program Donated Fund Account, wherever
they occur in Oregon Revised Statutes, other words designating the Department
of Human Services Volunteer Program Donated Fund Account.
SECTION 11. Sections 1, 2, 3, 5, 8 and 9 of this 1999
Act become operative on July 1, 2000.
Approved by the Governor
June 30, 1999
Filed in the office of
Secretary of State June 30, 1999
Effective date October 23,
1999
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