Chapter 1084 Oregon Laws 1999

Session Law

AN ACT

SB 1127

Relating to semi-independent state agencies; creating new provisions; amending ORS 137.303, 305.753, 316.493, 414.710, 414.712, 417.310, 418.191, 418.193, 418.195, 418.197, 432.090, 463.370, 671.120, 671.220, 671.435, 671.459, 672.240, 672.325, 672.615, 672.690, 683.250, 683.290, 687.071, 687.086, 687.115, 687.890, 688.160, 688.170 and 688.201; repealing ORS 418.187, 418.191, 418.193, 418.195, 418.197, 418.198 and 418.199 and sections 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 35, 36, 37, 38, 40, 42, 43, 44 and 45, chapter 643, Oregon Laws 1997; appropriating money; and declaring an emergency.

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

LISTING OF SEMI-INDEPENDENT

STATE AGENCIES

SECTION 1. On the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act, the following boards are transferred from the Health Division of the Department of Human Resources and are established as semi-independent state agencies that are subject to sections 4 to 11 of this 1999 Act:

(1) The State Board of Massage Technicians.

(2) The Physical Therapist Licensing Board.

SECTION 2. On the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act, the Board of Trustees of the Children's Trust Fund is established as a semi-independent state agency subject to sections 4 to 11 of this 1999 Act.

SECTION 3. On the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act, the following semi-independent state agencies are made subject to sections 4 to 11 of this 1999 Act:

(1) The State Board of Architect Examiners.

(2) The State Landscape Architect Board.

(3) The State Board of Examiners for Engineering and Land Surveying.

(4) The State Board of Geologist Examiners.

(5) The Oregon Board of Optometry.

GENERAL PROVISIONS RELATING TO SEMI-INDEPENDENT STATE AGENCIES

SECTION 4. As used in sections 4 to 11 of this 1999 Act:

(1) "Board" means a board established as a semi-independent state agency under section 1 or 2 of this 1999 Act or a board listed under section 3 of this 1999 Act.

(2) "License" includes licenses, registrations, certifications, permits or other forms of permission required by law to pursue an occupation or engage in a business regulated by a board.

SECTION 5. (1) Except as otherwise provided by law, the provisions of ORS chapters 240, 276, 279, 282, 283, 291, 292 and 293 do not apply to a board. A board is subject to all other statutes governing a state agency that do not conflict with sections 4 to 11 of this 1999 Act, including the tort liability provisions of ORS 30.260 to 30.300 and the provisions of ORS 183.310 to 183.550, and a board's employees are included within the Public Employees Retirement System.

(2) Notwithstanding subsection (1) of this section, the following provisions shall apply to a board:

(a) ORS 240.309 (1) to (6) and 240.321;

(b) ORS 279.800 to 279.830;

(c) ORS 279.835 to 279.855;

(d) ORS 282.210 to 282.230; and

(e) ORS 293.240.

(3) In carrying out the duties, functions and powers of a board, the board may contract with any state agency for the performance of duties, functions and powers as the board considers appropriate. A state agency shall not charge a board an amount that exceeds the actual cost of those services. Sections 4 to 11 of this 1999 Act do not require an agency to provide services to a board other than pursuant to a voluntary interagency agreement or contract.

(4) A board shall adopt personnel policies and contracting and purchasing procedures. The Oregon Department of Administrative Services shall review those policies and procedures for compliance with applicable state and federal laws and collective bargaining contracts.

(5) Except as otherwise provided by law, directors and employees of a board are eligible to receive the same benefits as state employees and are entitled to retain their State of Oregon hire dates, transfer rights and job bidding rights, all without loss of seniority, and to the direct transfer of all accumulated state agency leaves.

SECTION 6. (1) A board shall adopt budgets on a biennial basis using classifications of expenditures and revenues required by ORS 291.206 (1), but the budget shall not be subject to review and approval by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly.

(2) The budget referred to in subsection (1) of this section shall be adopted in accordance with applicable provisions of ORS 183.310 to 183.550. Except as provided in this subsection, a board shall adopt or modify a budget only after a public hearing thereon. A board must give notice of the hearing to all holders of licenses issued by the board.

(3) A board shall follow generally accepted accounting principles and keep financial and statistical information as necessary to completely and accurately disclose the financial condition and financial operations of the board as may be required by the Secretary of State.

(4) A board shall prepare an annual financial statement of board revenues and expenses and shall make the statement available for public review. The board shall provide a copy of the statement to the Oregon Department of Administrative Services not later than the 90th day after the end of the state fiscal year.

(5) A board may, by rule, elect to donate all or part of the revenue derived by the board from civil penalties to the General Fund of the State Treasury.

SECTION 7. Sections 4 to 11 of this 1999 Act do not affect the duty and authority of the Secretary of State to audit public accounts. The Secretary of State shall enter into agreements with each of the boards to set appropriate audit schedules for those boards. The audit schedule shall be set to allow board compliance with section 11 of this 1999 Act. In lieu of conducting an audit, the Secretary of State may elect to accept the report of an independent certified public accountant.

SECTION 8. In addition to other powers granted by sections 4 to 11 of this 1999 Act and by the statutes specifically applicable to a board, a board may:

(1) Sue and be sued in its own name.

(2) Notwithstanding ORS chapter 279, enter into contracts and acquire, hold, own, encumber, issue, replace, deal in and with and dispose of real and personal property.

(3) Notwithstanding ORS 670.300, fix a per diem amount to be paid to board members for each day or portion thereof during which the member is actually engaged in the performance of official duties. Board members may also receive actual and necessary travel expenses or other expenses actually incurred in the performance of their duties. If an advisory counsel or peer review committee is established under the law that governs the board, the board may also fix and pay amounts and expenses for members thereof.

(4) Set the amount of any fee required by statute and establish by rule and collect other fees as determined by the board. Fees shall not exceed amounts necessary for the purpose of carrying out the functions of the board. Notwithstanding ORS 183.335 and except as provided in this subsection, a board shall hold a public hearing prior to adopting or modifying any fee without regard to the number of requests received to hold a hearing. A board shall give notice to all licensees of the board prior to holding a hearing on the adoption or modification of any fee. A board may adopt fees in conjunction with the budget adoption process described in section 6 of this 1999 Act.

(5) Subject to any other statutory provisions, adopt procedures and requirements governing the manner of making application for issuance, renewal, suspension, revocation, restoration and related activities concerning licenses that are under the jurisdiction of a board.

SECTION 9. (1) Notwithstanding ORS 670.306, a board may select and appoint an administrator. The board shall fix the qualifications and compensation for the position.

(2) An administrator of a board shall not be a voting member of that board.

(3) Notwithstanding ORS 670.306, an administrator of a board may employ persons as the board determines to be necessary for carrying out the business and responsibilities of the board.

(4) Notwithstanding subsection (3) of this section, a board shall continue to employ all classified employees employed by the board on the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act, subject to state personnel laws and collective bargaining agreements.

(5) Notwithstanding subsection (3) of this section, a board shall be bound by any collective bargaining agreement entered into by this state on behalf of the board before or after the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act.

(6) Changes in board status under this 1999 Act do not affect the status of any collective bargaining unit as the appropriate bargaining unit for board employees.

SECTION 10. (1) Notwithstanding ORS 670.335, except where otherwise specifically provided by statute pursuant to section 6 (5) of this 1999 Act, all moneys collected or received by a board, placed to the credit of that board and remaining unexpended and unobligated on the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act, and all moneys collected or received by a board after the operative date of sections 1 to 48 and 57 to 75 of this 1999 Act shall be deposited into an account established by that board in a depository bank insured by the Federal Deposit Insurance Corporation. In a manner consistent with the requirements of ORS chapter 295, the chairperson, president or administrator of a board shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the limits of the Federal Deposit Insurance Corporation's coverage. All moneys in the account are continuously appropriated to the board making the deposit for the purpose of carrying out the functions of the board.

(2) Subject to the approval of the chairperson, president or administrator, a board may invest moneys collected or received by the board. Investments made by a board are:

(a) Limited to investments described in ORS 294.035;

(b) Subject to the investment maturity date limitations described in ORS 294.135; and

(c) Subject to the conduct prohibitions listed in ORS 294.145.

(3) Interest earned from any accounts invested under subsection (2) of this section shall be made available to a board in a manner consistent with the board's annual budget.

(4) Subject to the approval of the chairperson, president or administrator, all necessary board expenses shall be paid from the moneys collected or earned by a board.

(5) As used in this section, "depository bank" has the meaning given that term in ORS 295.005.

SECTION 11. Not later than the first day of each regular session of the Legislative Assembly, each board shall submit a report to the Governor and the Legislative Assembly as provided in ORS 192.245. For each board, the report shall include the following:

(1) A copy of the most recent audit required by section 7 of this 1999 Act;

(2) A copy of any budget adopted by the board for the subsequent biennium in accordance with section 6 of this 1999 Act;

(3) A description of the public hearing process for setting budgets;

(4) A description of fee changes and justifications for fee changes;

(5) A description of the number of licenses, permits, certificates and registrations applied for, issued and revoked;

(6) A description of the number of complaints reported and investigated and a list of the number and types of sanctions imposed;

(7) A description of all rules adopted or repealed, including temporary and permanent rules;

(8) A description of the number of public meetings or work sessions held by the board;

(9) A description of the board's consumer publications and outreach programs;

(10) An explanation of any revenue increase causing revenue to exceed 1995-1997 budget levels, including what portion of the increase, if any, is due to an increase in the number of licenses issued;

(11) An explanation of how any revenue increase that caused revenue to exceed 1995-1997 budget levels was expended;

(12) An explanation of how the board has adequately and effectively discharged the lawful responsibilities of the board concerning:

(a) Licensing;

(b) Enforcement;

(c) Consumer and professional education and information;

(d) Responses to consumer complaints; and

(e) Responses to requests from the Governor's office; and

(13) A statement of whether the personnel policies and contracting and purchasing procedures followed by the board:

(a) Comply with applicable state and federal law; and

(b) Have resulted in time or resource savings and the amount and use made of any such savings.

SECTION 12. Notwithstanding section 6 of this 1999 Act, for the biennium ending on June 30, 2001, a board listed in section 1 or 2 of this 1999 Act may adopt its legislatively approved budget by temporary rule under ORS 183.335.

THE STATE BOARD

OF MASSAGE TECHNICIANS

NOTE: Section 13 was deleted by amendment. Subsequent sections were not renumbered.

SECTION 14. ORS 687.071 is amended to read:

687.071. (1) The State Board of Massage Technicians shall impose fees for the following:

(a) Massage technician license.

(b) Examinations and reexaminations.

(d) Delinquency in renewal of a license.

(e) Temporary practice permit.

(2) If the effective period of the initial massage technician license is to be less than 12 months by reason of the statutorily required expiration date, the required license fee shall be prorated to represent one-half of the biennial rate.

(3) The board shall examine or reexamine any applicant for a massage technician license who pays a fee for each examination and who meets the requirements of ORS 687.051.

(4) All moneys received by the board shall be paid into the [General Fund in the State Treasury and placed to the credit of the Health Division Account] account created by the board under section 10 of this 1999 Act and are appropriated continuously to the board and shall be used only for the administration and enforcement of this chapter.

[(5) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fees and charges, the fees and charges established under this section shall not exceed the cost of administering the regulatory program of the board pertaining to the purpose for which the fee or charge is established, as authorized by the Legislative Assembly within the board's budget, as the budget may be modified by the Emergency Board.]

SECTION 15. ORS 687.086 is amended to read:

687.086. (1) If the State Board of Massage Technicians proposes to impose any of the sanctions authorized in ORS 687.081 or take other disciplinary action, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550. [The board may designate the Assistant Director for Health or the designee of the assistant director or other competent person to preside at such hearing.]

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS 183.310 to 183.550.

SECTION 15a. If House Bill 2525 becomes law, ORS 687.086, as amended by sections 166 and 167, chapter 849, Oregon Laws 1999 (Enrolled House Bill 2525), is amended to read:

687.086. (1) If the State Board of Massage Technicians proposes to impose any of the sanctions authorized in ORS 687.081 or take other disciplinary action, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550. Hearings under this section must be conducted by [the Assistant Director for Health or by] a hearing officer designated by the board.

(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS 183.310 to 183.550.

SECTION 15b. The amendments to ORS 687.086 by section 15a of this 1999 Act become operative on January 1, 2004.

SECTION 16. ORS 687.115 is amended to read:

687.115. (1) [There is created in the Health Division a] The State Board of Massage Technicians shall operate as a semi-independent state agency subject to sections 4 to 11 of this 1999 Act, for purposes of carrying out the provisions of this chapter. The board shall be composed of seven members, four of whom shall be licensed massage technicians and three of whom shall be members of the public, including one public member selected from a health related field, who shall be appointed by the Governor for terms of four years. Members serve at the option of the Governor.

(2) Members are entitled to compensation and expenses as [provided in ORS 292.495] determined by the board.

(3) The board [shall] may:

(a) Hold meetings at times and locations determined by the board.

(b) [Subject to the State Personnel Relations Law,] Hire, define the duties and fix the salary of an [executive director] administrator who [shall] may hire and define the duties and provide supervision and evaluation of other employees as necessary to carry out the provisions of this chapter. The [executive director] administrator, with approval of the board, may also employ special consultants. All salaries, compensation and expenses incurred or allowed shall be paid out of funds received by the board.

SECTION 17. ORS 687.890 is amended to read:

687.890. (1) The State Board of Massage Technicians shall report to the proper district attorney all cases that in the judgment of the board warrant criminal prosecution under ORS 687.991.

(2) The board may, in its own name, assess a civil penalty against any licensed or unlicensed person violating a provision of this chapter. The board may assess the civil penalty instead of or in addition to disciplinary action under ORS 687.081, an injunction issued under ORS 687.021 or criminal prosecution by the district attorney under this section. The amount of the civil penalty may not exceed $1,000 for any single violation. Except as the board may otherwise provide under section 6 (5) of this 1999 Act, moneys collected through the assessment of civil penalties by the board under this subsection or ORS 687.081 shall be [credited to the General Fund and shall be available for general governmental expenses] deposited into the account created by the board pursuant to section 10 of this 1999 Act and are continuously appropriated to the board for carrying out the provisions of this chapter.

NOTE: Sections 18 through 25 were deleted by amendment. Subsequent sections were not renumbered.

THE PHYSICAL THERAPIST

LICENSING BOARD

SECTION 26. ORS 688.160 is amended to read:

688.160. (1) [There is created in the Health Division] The Physical Therapist Licensing Board shall operate as a semi-independent state agency subject to sections 4 to 11 of this 1999 Act, for purposes of carrying out the provisions of ORS 688.010 to 688.220 and 688.990 (1). The Physical Therapist Licensing Board shall consist of seven members appointed by the Governor who may be appointed from a list of not fewer than nine names, submitted by the Oregon Physical Therapy Association. Four of the members shall be licensed physical therapists, shall have had not fewer than three years' experience in physical therapy immediately preceding their appointment as members and shall be actively engaged in physical therapy in this state during their service as members. One member shall be a physician licensed under ORS chapter 677, one shall be a licensed physical therapist assistant and one shall be a public member. All members shall have voting privileges.

(2) Upon the expiration of the term of a member of the board, the Governor shall appoint a successor who may be appointed from a list of three names submitted to the Governor by the Oregon Physical Therapy Association to serve a term of four years. No member shall serve for more than two consecutive four-year terms.

(3) In the event of a vacancy in the office of a member of the board other than by reason of the expiration of a term, the Governor, not later than 90 days after the occurrence of the vacancy, shall appoint a person to fill the vacancy for the unexpired term. The person may be appointed from a list of three names submitted as provided in subsection (2) of this section.

(4) All appointments of members of the board by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

(5) The board shall:

(a) Establish matters of policy affecting administration of ORS 688.010 to 688.220;

(b) Establish matters relating to examinations;

(d) Establish standards and tests to determine the moral, intellectual, educational, scientific, technical and professional qualifications of applicants for licenses to practice physical therapy in this state;

(e) Adopt rules relating to the supervision and the duties of physical therapist aides who assist in performing routine work under supervision;

(f) Enforce the provisions of ORS 688.010 to 688.220; and

(g) Exercise general supervision over the practice of physical therapy within this state.

(6) The board shall meet [not less than twice each year] as determined by the board and at any other time at the call of the board chairperson, who shall be elected by the members of the board.

(7) The board may appoint and fix the compensation of an [executive secretary subject to ORS 240.245] administrator. [Such compensation shall not prohibit the secretary from receiving reimbursement for actual and necessary travel expenses incurred in the performance of the duties of the secretary.]

SECTION 27. ORS 688.170 is amended to read:

688.170. Each member of the Physical Therapist Licensing Board is entitled to compensation and expenses [as provided in ORS 292.495] as determined by the board.

SECTION 28. ORS 688.201 is amended to read:

688.201. All moneys received [by the Health Division] under ORS 688.010 to 688.220 shall be paid into the [General Fund in the State Treasury and placed to the credit of the Health Division Account and such] account established by the Physical Therapist Licensing Board under section 10 of this 1999 Act. Those moneys hereby are appropriated continuously to the board and shall be used only for the administration and enforcement of ORS 688.010 to 688.220.

NOTE: Sections 29 through 33 were deleted by amendment. Subsequent sections were not renumbered.

THE BOARD OF TRUSTEES

OF THE CHILDREN'S TRUST FUND

SECTION 34. The Legislative Assembly finds that:

(1) A private nonprofit corporation can fulfill the same public purpose for which the state has customarily expended funds through the semi-independent state agency known as the Board of Trustees of the Children's Trust Fund. The Legislative Assembly further finds that a private nonprofit corporation can have an essential character of its direct object of benefiting the general population and not particular private individuals at a level consistent with the role historically fulfilled by the semi-independent state agency known as the Board of Trustees of the Children's Trust Fund.

(2) The state has a continuing commitment to promote programs for preventing child abuse and neglect in this state. The Legislative Assembly further finds that section 49 of this 1999 Act does not diminish the responsibility of the Legislative Assembly to provide financial support for efforts to continue and advance the prevention of child abuse and neglect in Oregon.

(3) The abolishment of the semi-independent state agency known as the Board of Trustees of the Children's Trust Fund and the creation of the private nonprofit corporation established under section 49 of this 1999 Act and known as the Children's Trust Fund of Oregon, Incorporated, will enhance the entrepreneurial resources available to prevent child abuse and neglect in Oregon and promote efficiency and private partnerships for the purpose of leveraging public moneys.

SECTION 35. (1) In addition to the powers described in section 8 of this 1999 Act or otherwise authorized by law, the Board of Trustees of the Children's Trust Fund may contract for professional and consultant services and undertake all other actions necessary and proper for the purpose of facilitating the creation of the Children's Trust Fund of Oregon, Incorporated, as described in section 49 of this 1999 Act, and to prepare for the effective operation of the corporation after conversion.

(2) In addition to the personnel policies developed under section 5 of this 1999 Act, the Board of Trustees of the Children's Trust Fund shall develop initial personnel policies for the Children's Trust Fund of Oregon, Incorporated.

(3) In addition to keeping and disclosing financial and statistical information as required under section 6 of this 1999 Act, the Board of Trustees of the Children's Trust Fund shall develop procedures suitable for use by the Children's Trust Fund of Oregon, Incorporated, including but not limited to procedures for keeping and disclosing all financial information required by the Secretary of State, the Internal Revenue Service and any federal or state laws governing reporting by private nonprofit organizations.

(4) In addition to preparing and making available financial information as required under section 6 of this 1999 Act, the Board of Trustees of the Children's Trust Fund shall develop procedures suitable for use by the Children's Trust Fund of Oregon, Incorporated, including but not limited to procedures for preparing and making available all financial information required by the Secretary of State and annual information returns required by the Internal Revenue Service to be filed by nonprofit federally tax exempt corporations.

(5) In addition to entering into auditing agreements with the Secretary of State under section 7 of this 1999 Act, the Board of Trustees of the Children's Trust Fund shall negotiate an agreement with the secretary on behalf of the Children's Trust Fund of Oregon, Incorporated. The agreement shall provide for the secretary to conduct an annual audit of the corporation or to review an annual audit conducted by an independent certified public accountant.

(6) In addition to any other purpose permitted by law, the Board of Trustees of the Children's Trust Fund may expend moneys appropriated to the board for the biennium ending June 30, 2001, to facilitate the establishment of the Children's Trust Fund of Oregon, Incorporated, as a private nonprofit corporation or to otherwise benefit the corporation.

(7) The Board of Trustees of the Children's Trust Fund, its employees and other state agencies shall perform all acts necessary and proper to establish the Children's Trust Fund of Oregon, Incorporated, and to provide for the transfer of assets, rights and unexpended appropriated moneys on the operative date of section 49 of this 1999 Act.

SECTION 36. (1)(a) The Children's Trust Endowment Fund is abolished. On the operative date of this section, the moneys in the fund shall be deposited into a separate subaccount of the account established by the Board of Trustees of the Children's Trust Fund pursuant to section 10 of this 1999 Act. All moneys credited, appropriated or payable to the Children's Trust Endowment Fund on or after the operative date of this section shall instead be credited, appropriated or payable to the subaccount required under this subsection.

(b) The subaccount shall consist of moneys transferred to the subaccount under ORS 137.303, charitable donations to the subaccount and any moneys returned or repaid to the subaccount under grant contracts or under rules or policies adopted by the holder of the subaccount.

(c) Notwithstanding section 10 (3) of this 1999 Act, all interest received from moneys credited to the subaccount shall accrue to and become part of the subaccount.

(d) Notwithstanding section 10 (1) of this 1999 Act, the holder of the subaccount may expend moneys in the subaccount only for reasonable expenses. All other moneys in the subaccount shall be accumulated until the principal in the subaccount reaches $5 million. Thereafter, 80 percent of the income generated by the subaccount investments may be expended as provided in ORS 418.187 to 418.199.

(e) The holder of the subaccount may establish other subaccounts for the payment of project costs, reserves, administration and operation expenses or any other purpose necessary to carry out ORS 418.187 to 418.199.

(2)(a) The Children's Trust Fund is abolished. On the operative date of this section, the moneys in the fund shall be deposited into a separate subaccount of the account established by the Board of Trustees of the Children's Trust Fund pursuant to section 10 of this 1999 Act. All moneys credited, appropriated or payable to the Children's Trust Fund on or after the operative date of this section shall instead be credited, appropriated or payable to the subaccount required under this subsection.

(b) Interest earned by the subaccount shall be credited to the subaccount. The primary purpose of this subaccount is to support the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect, to support research programs related to the prevention of child abuse and neglect, to develop and strengthen community child abuse and neglect prevention networks and to develop family resource programs. Notwithstanding section 10 (1) of this 1999 Act, the subaccount shall be expended by the holder of the subaccount only for the purposes described in this paragraph or for the payment of administrative costs.

(c) The holder of the subaccount may solicit and accept moneys in the form of gifts, contributions and grants to be deposited into the subaccount. The acceptance of federal grants for purposes of ORS 418.187 to 418.199 and 432.090 does not commit state funds nor place an obligation upon the Legislative Assembly to continue the purposes for which the federal funds are made available.

SECTION 37. ORS 418.198 and 418.199 are repealed.

SECTION 38. ORS 137.303 is amended to read:

137.303. (1) The Department of Revenue is responsible for [assuring] ensuring that moneys in the Criminal Fine and Assessment Account are properly distributed and shall distribute the moneys monthly according to the following formula:

(a) 15.6365 percent of moneys in the account shall be transferred to the Police Standards and Training Account established under ORS 181.690.

(b) 8.7570 percent of moneys in the account shall be transferred to the Criminal Injuries Compensation Account established under ORS 147.225.

(c) 4.2299 percent of moneys in the account shall be transferred to the Intoxicated Driver Program Fund established under ORS 813.270.

(d) 48.6727 percent of moneys in the account shall be transferred to the General Fund to be used for general governmental expenses.

(e) 2.3452 percent of the moneys in the account shall be reserved to be distributed as provided in ORS 137.305.

(f) 2.7608 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department.

(g) 0.7870 percent of moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of enhanced enforcement of traffic laws against drivers of commercial motor vehicles.

(h) 8.7570 percent of the moneys in the account shall be transferred to the Child Abuse Multidisciplinary Intervention Account established in ORS 418.746.

(i) 0.8820 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660.

(j) 3.4586 percent of the moneys in the account shall be transferred to the Department of State Police and is continuously appropriated to the department for the purpose of performing forensic laboratory analyses and maintaining the forensic services implied consent unit.

(k) 1.2015 percent of the moneys in the account shall be transferred to the Domestic Violence Fund established under ORS 108.660 and is continuously appropriated for the purposes of ORS 108.620 (1)(a) to (c).

(L) 0.4508 percent of the moneys in the account shall be transferred to the Safety Education Fund created by ORS 802.155.

(m) 2.061 percent of the moneys in the account shall be transferred to the [Children's Trust Endowment Fund established under ORS 418.198] subaccount established pursuant to section 36 (1) of this 1999 Act or a successor subaccount, account or fund.

(2) The Department of Revenue shall report to the State Office for Services to Children and Families monthly on the amount of moneys transferred to the Child Abuse Multidisciplinary Intervention Account under subsection (1)(h) of this section. In making the report, the Department of Revenue shall specify the amount of moneys received from the state courts in each county and from each city court.

SECTION 39. ORS 305.753 is amended to read:

305.753. (1) The State Treasurer may solicit and accept from private and public sources and cause to be credited and paid to any entity gifts, grants and other donations, in money or otherwise, if the entity is currently listed or entitled to be listed on the Oregon tax return for checkoff.

(2) In accordance with ORS 183.310 to 183.550, the Department of Revenue may adopt rules to carry out the purposes of ORS 305.690 to 305.753.

(3) Except ORS 305.749, ORS 305.690 to 305.753 do not apply to the Nongame Wildlife Fund established under ORS 496.385, the Alzheimer's Disease Research Fund established under section 3, chapter 902, Oregon Laws 1987, [the Children's Trust Fund established under ORS 418.199] the subaccount created pursuant to section 36 (2) of this 1999 Act, or its successor, or other checkoff program established by statute other than ORS 305.690 to 305.753.

SECTION 40. ORS 316.493 is amended to read:

316.493. (1) Recognizing [again the policy set forth in ORS 418.189,] that children are Oregon's most valuable resource and that child abuse and neglect is a threat to the physical, mental and emotional health of children; and further recognizing that the incidence of validated cases of reported child abuse and neglect has been increasing at an alarming rate in Oregon and represents an enormous threat to the welfare of our community, the Legislative Assembly hereby provides an additional opportunity to taxpayers to assist in child abuse and neglect prevention [under ORS 418.187 to 418.199] by means of an income tax checkoff.

(2) Any individual taxpayer who files an Oregon income tax return and who will receive a tax refund from the Department of Revenue may designate that a contribution be made to the [Children's Trust Fund established under ORS 418.199] holder of the subaccount established pursuant to section 36 (2) of this 1999 Act or a successor subaccount, account or fund by marking the appropriate box printed on the return pursuant to subsection (3) of this section.

(3) The department shall print on the face of the Oregon income tax form a space for taxpayers to designate that a contribution be made [to the Children's Trust Fund] for the prevention of child abuse and neglect from their income tax refund. The space for designating the contribution shall provide for checkoff boxes as indicated under ORS 305.749.

(4) The Department of Revenue shall transfer to the [Children's Trust Fund established under ORS 418.199] subaccount established pursuant to section 36 (2) of this 1999 Act or a successor subaccount, account or fund an amount as credited to [the Children's Trust Fund] the subaccount or its successor under ORS 305.749.

SECTION 41. ORS 417.310 is amended to read:

417.310. (1) To accomplish the goals set forth in ORS 417.300 and 417.305, the Director of the Department of Human Resources, the Superintendent of Public Instruction, the Commissioner for Community College Services, the [executive director] administrator of the Board of Trustees of the Children's Trust Fund, the executive officer of the Oregon Progress Board and the State Commission on Children and Families shall establish the Oregon Coordinating Council for Children and Families.

(2) The officials named in subsection (1) of this section shall serve on the council and shall appoint to the council lead administrators of agency programs that conduct human services or education programs focused on children or families.

(3) A citizen who has experience with private or nonprofit providers of services to children and families shall be appointed to the council by the Governor.

(4) The officials named in subsection (1) of this section shall convene meetings on at least a quarterly basis.

(5) The purpose of the council shall be to:

(a) Improve cooperation and communication among agencies that serve children and families;

(b) Collaborate with affected agencies in working toward the Oregon Progress Board benchmarks assigned to the council by the Governor;

(c) Coordinate actions of member agencies in support of the benchmarks and the priorities and outcome established by the council; and

(d) Identify and reduce barriers to family client-centered service delivery to children and families.

(6) For state programs providing services to children and families and education programs, the council shall:

(a) Establish and update priorities and outcomes for children and families in Oregon;

(b) Make recommendations for modifying or expanding existing services and programs or adding new services and programs to make progress toward the Oregon Progress Board benchmarks and council priorities established in paragraph (a) of this subsection;

(c) Identify barriers to effective coordination and communication among human service and education service delivery systems for children and families;

(d) Develop and implement action plans that reduce barriers identified in paragraph (c) of this subsection;

(e) Make recommendations to other agencies and organizations that serve children and families in order to improve coordination and address barriers;

(f) Develop and maintain a coordinated information base for more effective planning, budgeting and operating;

(g) Work with the Oregon Progress Board to develop an evaluation mechanism to measure the return on the state's investment in programs that serve children and families;

(h) Review major policy and organizational changes in member agencies in the early stages of planning and make recommendations for implementation and modification in view of the benchmarks and council priorities;

(i) Review agency plans, programs and budgets to assess how they meet the benchmarks developed by the Oregon Progress Board and the priorities and outcomes established by the council;

(j) Receive and review all state reports on children and families;

(k) Receive from the State Commission on Children and Families the results of the local planning efforts. Member agencies shall consider the results in their budgeting and program planning; and

(L) Monitor at least two community-based interagency family client-centered model projects that integrate staff and resources from several agencies to:

(A) Ensure active participation of families in service planning, decision-making and service delivery;

(B) Empower direct service workers to gain access to a broad continuum of services and flexible funding to meet the needs of individuals and families served;

(D) Generate policies for program planning and implementation at the community level.

SECTION 42. ORS 418.191 is amended to read:

418.191. (1) To carry out the purposes of ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act, the Board of Trustees of the Children's Trust Fund may:

(a) Contract with private nonprofit or public organizations, agencies or school districts for the establishment of community-based educational and service programs designed to reduce the occurrence of child abuse and neglect. Contracts also may be awarded to support research programs related to prevention of child abuse and neglect, to develop and strengthen community child abuse and neglect prevention networks and to develop family resource programs. Each contract entered into by the board shall contain a provision for the evaluation of services provided under the contract. Contracts for services to prevent child abuse and child neglect shall be awarded as demonstration projects. Continuation of contracts will be determined by the success of the projects and community financial support. Contracts for services to prevent child abuse and child neglect shall be awarded, in part, on the basis of likelihood of success as determined by current research and expert opinion.

(b) Facilitate the exchange of information between groups concerned with families and children.

(2) The board shall consider need and the area of the state from which an application is submitted to ensure that all areas of the state develop programs pursuant to ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act. The board shall also consider and give great weight to whether an application has been approved by any local commission pursuant to a plan developed under ORS 417.775.

SECTION 43. ORS 418.193 is amended to read:

418.193. (1) The Board of Trustees of the Children's Trust Fund [is established and] shall operate as a semi-independent state agency subject to sections 4 to 11 of this 1999 Act, for purposes of carrying out the provisions of ORS 418.187 to 418.199 and section 36 of this 1999 Act. The board shall consist of 12 members selected from the various geographic areas of the state and from the state's diverse populations. Member appointments shall be based on a demonstrated interest in and knowledge of prevention of child abuse and neglect. Members shall be appointed by the Governor.

(2) The term of office of a member of the board is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) The board shall review all applications for contracts submitted and shall provide funds for applications and contracts as provided in ORS 418.191 for purposes stated in ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act.

(4) Members of the board shall receive [no] compensation for their services as determined by the board. [Members of the board other than members employed in full-time public service shall be reimbursed by the board for their actual and necessary expenses incurred in the performance of their duties. Such reimbursements shall be subject to the provisions of ORS 292.210 to 292.288.] Members of the board who are employed in full-time public service may be reimbursed for their actual and necessary expenses incurred in the performance of their duties by their employing agency.

(5) The board shall meet [at least once every three months and at such other times] as may be specified by the chairperson or a majority of the board.

(6) The board shall employ an [executive director] administrator and may employ any other employees it deems necessary for the effective conduct of the work under its charge. The board may also contract with any member agency of the Oregon Coordinating Council for Children and Families or any other private agency for the use of staff and office space.

(7) In accordance with the applicable provisions of ORS 183.310 to 183.550, the Board of Trustees of the Children's Trust Fund may adopt rules necessary for the administration of the laws that the board is charged with administering.

SECTION 44. ORS 418.195 is amended to read:

418.195. Programs funded under ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act are intended to provide primary child abuse and neglect prevention services. Such programs may include, but are not limited to:

(1) Community-based educational programs on parenting, prenatal care, perinatal bonding, child development, basic child care, care of children with special needs, coping with family stress and safety education programs for children.

(2) Community-based programs relating to crisis care, mutual aid programs to parents, counseling and support groups for potentially abusive parents and their children and early identification of families where the potential for child abuse and neglect exists.

SECTION 45. ORS 418.197 is amended to read:

418.197. (1) In awarding contracts for educational and service programs under ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act, consideration shall be given to factors such as:

(a) Diversity of need by geographic locations, coordination with or enhancement of existing services;

(b) The use of trained volunteers in the program;

(c) The extent to which contract proposals are based on prior evidence that indicates a likelihood of goal achievement; and

(d) The accessibility and availability of the program to all persons who may need the services and who reside in the area served.

(2) Priority consideration shall be given to existing community programs that demonstrate effectiveness. Contract awards for continued funding shall be based on demonstrated program effectiveness and community financial support.

SECTION 46. ORS 432.090 is amended to read:

432.090. (1) In addition to the original birth certificate, the State Registrar of the Center for Health Statistics shall issue upon request and upon payment of a fee in an amount set by the [Board of Trustees of the Children's Trust Fund] state registrar a birth certificate representing that the birth of the person named thereon is recorded in the office of the state registrar. The certificate issued under this section shall be in a form consistent with the need to protect the integrity of vital records but shall be suitable for display. It may bear the seal of the state printed thereon and may be signed by the Governor. It shall have the same status as evidence as the original birth certificate.

(2) Of the funds received under subsection (1) of this section, the amount needed to reimburse the state registrar for expenses incurred in administering this section shall be credited to the Health Division Account. The remainder shall be credited to the [Children's Trust Fund established under ORS 418.199] subaccount created pursuant to section 36 (2) of this 1999 Act or a successor subaccount, account or fund.

(3) In setting the fee amount under subsection (1) of this section, the state registrar shall give substantial consideration to the amount suggested by the holder of the subaccount created pursuant to section 36 (2) of this 1999 Act or a successor subaccount, account or fund.

SECTION 47. ORS 463.370 is amended to read:

463.370. After deduction of administrative costs of the Oregon State Boxing and Wrestling Commission established under ORS 463.113, 75 percent of the remaining gross receipts tax, as described in ORS 463.320 and deposited in the subaccount of the State Police Account established under ORS 181.175, shall be credited to and deposited in the [Children's Trust Fund established by ORS 418.199] subaccount established pursuant to section 36 (2) of this 1999 Act or a successor subaccount, account or fund.

SECTION 48. Sections 49 to 56 of this 1999 Act become operative only if:

(1) They are consistent with federal law and regulations and with agreements established by the Board of Trustees of the Children's Trust Fund.

(2) The board has previously determined that the charter of the private nonprofit corporation known as the Children's Trust Fund of Oregon, Incorporated, reasonably ensures that:

(a) The assets and rights transferred and moneys appropriated to the corporation shall continue to be used by the corporation throughout their terms or useful lives and for the purposes of continuing and advancing the prevention of child abuse and neglect in Oregon in a manner substantially similar to board functions under ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act.

(b) If the corporation dissolves or discontinues the substantial functions formerly performed by the board under ORS 418.187 to 418.199 and 432.090 and section 36 of this 1999 Act, the corporation shall transfer or assign the balance of those assets, rights and appropriated moneys to a public or private entity that has the authority to continue and advance the prevention of child abuse and neglect in Oregon.

(c) At least 20 percent of the members of the governing body for the corporation are appointed to that position by the Governor.

(3) The governing body for the Children's Trust Fund of Oregon, Incorporated, approves the agreement negotiated under section 35 (5) of this 1999 Act.

SECTION 49. (1) The Board of Trustees of the Children's Trust Fund is abolished. Subject to the conditions in section 48 of this 1999 Act, the following are transferred to the private nonprofit corporation known as the Children's Trust Fund of Oregon, Incorporated:

(a) All assets of the board, including but not limited to bank accounts and subaccounts; and

(b) All rights and obligations of the board legally incurred or acquired under leases, contracts and business transactions, executed or entered into with owners of real property, independent contractors or other entities or bodies prior to the operative date of this section.

(2) All public agencies, as defined in ORS 279.011, shall consent to the assignment to the Children's Trust Fund of Oregon, Incorporated, of leases, contracts or business transactions described in subsection (1)(b) of this section, which shall continue to be effective in accordance with their terms.

(3) The transfer of assets, rights and obligations described in this section is subject only to the requirements imposed under section 48 of this 1999 Act and not to ORS chapter 279 relating to public contracts and purchasing.

(4) Subject to the conditions required under section 48 of this 1999 Act, the administrator of the Board of Trustees of the Children's Trust Fund shall cause to be delivered to members or employees of the Children's Trust Fund of Oregon, Incorporated, all records and property in the possession of the board that relate to the assets, rights and obligations transferred under this section. However, any public records delivered under this section retain their character as public records subject to ORS 192.410 to 192.505.

SECTION 50. Any proceeding, action or other business or matter undertaken or commenced prior to the operative date of section 49 of this 1999 Act by the Board of Trustees of the Children's Trust Fund and relating to the assets, rights or obligations transferred by section 49 of this 1999 Act and still pending on the operative date of section 49 of this 1999 Act may be conducted and completed by the Children's Trust Fund of Oregon, Incorporated, in the same manner, under the same terms and conditions and with the same effect as though conducted or completed by the Board of Trustees of the Children's Trust Fund prior to the transfer. Any alleged loss or injury subject to ORS 30.260 to 30.300 and occurring prior to the abolishment of the Board of Trustees of the Children's Trust Fund by section 49 of this 1999 Act shall continue to be subject to ORS 30.260 to 30.300 and shall be covered by the Insurance Fund established by ORS 278.425.

SECTION 51. (1) All persons employed by the Board of Trustees of the Children's Trust Fund on the operative date of section 49 of this 1999 Act shall cease to be semi-independent state agency employees and are transferred to and become employees of the private nonprofit corporation known as the Children's Trust Fund of Oregon, Incorporated. The transfer of those persons shall be made in accordance with ORS 236.605 to 236.640.

(2) Notwithstanding subsection (1) of this section, a person may act as a member or employee of the Children's Trust Fund of Oregon, Incorporated, prior to the operative date of section 49 of this 1999 Act. Becoming a member or employee of the corporation does not prevent the person from retaining all rights and privileges of semi-independent state agency employees until the operative date of section 49 of this 1999 Act.

(3) A member or employee of the Board of Trustees of the Children's Trust Fund who acts on behalf of the Children's Trust Fund of Oregon, Incorporated, under subsection (2) of this section and becomes a member or employee of the corporation does not thereby violate ORS 244.040.

SECTION 52. ORS 414.710 is amended to read:

414.710. The following services are available to persons eligible for services under ORS 414.025, 414.036, 414.042, 414.065 and 414.705 to 414.750 but such services are not subject to ORS 414.720:

(1) Nursing facilities and home- and community-based waivered services funded through the Senior and Disabled Services Division;

(2) Medical assistance to eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412 or to children described in ORS 414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034, [418.187] 418.189 to 418.970 and 657A.020 to 657A.530;

(3) Institutional, home- and community-based waivered services or community mental health program care for the mentally retarded or developmentally disabled, for the chronically mentally ill or emotionally disturbed and for the treatment of alcohol and drug dependent persons; and

(4) Services to children who are wards of the State Office for Services to Children and Families by order of the juvenile court and services to children and families for health care or mental health care through the office.

SECTION 53. ORS 414.712 is amended to read:

414.712. Within six months after obtaining the necessary federal waivers or January 1, 1995, whichever is later, the Department of Human Resources shall provide medical assistance under ORS 414.705 to 414.750 to eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412 and to children described in ORS 414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034, [418.187] 418.189 to 418.970 and 657A.020 to 657A.530 and those mental health and chemical dependency services recommended according to standards of medical assistance set pursuant to chapter 836, Oregon Laws 1989, and according to the schedule of implementation established by the Legislative Assembly. In providing medical assistance services described in ORS 414.018 to 414.024, 414.042, 414.107, 414.710, 414.720, 653.747 and 653.775, the Department of Human Resources shall also provide the following:

(1) Ombudsman services for eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. An ombudsman shall serve as a patient's advocate whenever the patient or a physician or other medical personnel serving the patient is reasonably concerned about access to, quality of or limitations on the care being provided by a health care provider. Patients shall be informed of the availability of an ombudsman.

(2) Case management services in each health care provider organization for those eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. Case managers shall be trained in and shall exhibit skills in communication with and sensitivity to the unique health care needs of people who are elderly and those with disabilities. Case managers shall be reasonably available to assist patients served by the organization with the coordination of the patient's health care services at the reasonable request of the patient or a physician or other medical personnel serving the patient. Patients shall be informed of the availability of case managers.

(3) A mechanism, established by rule, for soliciting consumer opinions and concerns regarding accessibility to and quality of the services of each health care provider.

(4) A choice of available medical plans and, within those plans, choice of a primary care provider.

(5) Due process procedures for any individual whose request for medical assistance coverage for any treatment or service is denied or is not acted upon with reasonable promptness. These procedures shall include an expedited process for cases in which a patient's medical needs require swift resolution of a dispute.

SECTION 54. ORS 417.310, as amended by section 41 of this 1999 Act, is amended to read:

417.310. (1) To accomplish the goals set forth in ORS 417.300 and 417.305, the Director of the Department of Human Resources, the Superintendent of Public Instruction, the Commissioner for Community College Services, [the administrator of the Board of Trustees of the Children's Trust Fund,] the executive officer of the Oregon Progress Board and the State Commission on Children and Families shall establish the Oregon Coordinating Council for Children and Families.