70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
Enrolled
Senate Bill 1127
Sponsored by COMMITTEE ON JUDICIARY
CHAPTER ................
AN ACT
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:
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(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
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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
Enrolled Senate Bill 1127 (SB 1127-C) Page 3
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;
Enrolled Senate Bill 1127 (SB 1127-C) Page 4
(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.
(c) Inactive status.
(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. - }
Enrolled Senate Bill 1127 (SB 1127-C) Page 5
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 ___, 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
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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;
(c) Adopt rules necessary to carry out the provisions of ORS
688.010 to 688.220;
(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;
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(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. + }
Enrolled Senate Bill 1127 (SB 1127-C) Page 8
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.
Enrolled Senate Bill 1127 (SB 1127-C) Page 9
(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.
Enrolled Senate Bill 1127 (SB 1127-C) Page 10
(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:
Enrolled Senate Bill 1127 (SB 1127-C) Page 11
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
Enrolled Senate Bill 1127 (SB 1127-C) Page 12
(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;
(C) Pool funds of multiple service delivery agencies; and
(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
Enrolled Senate Bill 1127 (SB 1127-C) Page 13
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.
Enrolled Senate Bill 1127 (SB 1127-C) Page 14
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
Enrolled Senate Bill 1127 (SB 1127-C) Page 15
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
Enrolled Senate Bill 1127 (SB 1127-C) Page 16
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
Enrolled Senate Bill 1127 (SB 1127-C) Page 17
(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
Enrolled Senate Bill 1127 (SB 1127-C) Page 18
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;
Enrolled Senate Bill 1127 (SB 1127-C) Page 19
(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;
(C) Pool funds of multiple service delivery agencies; and
(D) Generate policies for program planning and implementation
at the community level.
SECTION 55. Section 4 of this 1999 Act is amended to read:
{ + Sec. 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 56. { + ORS 418.187, 418.191, 418.193, 418.195 and
418.197 and section 2 of this 1999 Act are repealed. + }
{ +
EXISTING SEMI-INDEPENDENT STATE AGENCIES + }
SECTION 57. ORS 671.120, as amended by section 12, chapter 643,
Oregon Laws 1997, is amended to read:
671.120. The State Board of Architect Examiners shall operate
as a semi-independent state agency subject to sections { - 2 to
9, chapter 643, Oregon Laws 1997 - } { + 4 to 11 of this 1999
Act + }, for the purpose of carrying out ORS 671.010 to 671.220.
The board shall be composed of seven members appointed by the
Governor to four-year terms with three terms maximum. The chair
of the board shall be elected by the board from among the current
members. The board shall have as members:
(1) Five architects who are residents of Oregon and who have
resided in this state for a period of not less than five years;
and
(2) Two members of the general public.
SECTION 58. ORS 671.220, as amended by section 13, chapter 643,
Oregon Laws 1997, is amended to read:
671.220. (1) Any person who violates any provision of ORS
671.010 to 671.220 or any rule promulgated thereunder shall be
assessed a civil penalty of not more than $5,000 for each
offense. The provisions of this section are in addition to and
not in lieu of any other penalty or sanction provided by law.
(2) If the State Board of Architect Examiners decides that any
person has or is about to engage in an activity that is or will
be a violation of any provision of ORS 671.020 or 671.041, the
board may institute a proceeding in an appropriate circuit court
to restrain the activity or proposed activity. An injunction may
be issued without proof of actual damages, but does not relieve
the defendant from criminal prosecution for violation of ORS
671.010 to 671.220.
(3) No person, partnership, limited liability company or
corporation practicing architecture is entitled to maintain a
proceeding in any court of this state relating to services in
practicing architecture unless it is alleged and proven that the
person, partnership, limited liability company or corporation was
licensed to practice architecture under ORS 671.010 to 671.220 at
the time services were rendered.
(4) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(5) Nothing in ORS 671.010 to 671.220 shall be construed to
prevent any person from representing the person's membership or
Enrolled Senate Bill 1127 (SB 1127-C) Page 20
affiliation with any bona fide professional or trade organization
unless such representation is made to advance that person's
unlicensed practice or unlawful attempt to practice the
profession of architecture.
(6) Notwithstanding ORS 670.335, civil penalties recovered
under this section shall be deposited into an account established
by the board as provided in section { - 8, chapter 643, Oregon
Laws 1997 - } { + 10 of this 1999 Act + }. Moneys deposited are
appropriated continuously to the board and shall be used only for
the administration and enforcement of ORS 671.010 to 671.220 and
sections { - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4
to 11 of this 1999 Act + }.
SECTION 59. ORS 671.435, as amended by section 16, chapter 643,
Oregon Laws 1997, is amended to read:
671.435. The State Landscape Architect Board may impose a civil
penalty against any person who violates any provision of ORS
671.310 to 671.459 or any rule adopted thereunder. The penalty
shall be imposed in the manner provided by ORS 183.090. A civil
penalty imposed under this section shall be in an amount
determined by the board of not more than $1,000 for each offense.
Notwithstanding ORS 670.335, civil penalties recovered under this
section shall be deposited into an account established by the
board as provided under section { - 8, chapter 643, Oregon Laws
1997 - } { + 10 of this 1999 Act + }. Moneys deposited are
appropriated continuously to the board and shall be used only for
the administration and enforcement of ORS 671.310 to 671.459 and
sections { - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4
to 11 of this 1999 Act + }. The Attorney General shall bring an
action in the name of the State of Oregon in a court of
appropriate jurisdiction to enforce any civil penalty imposed
under this section.
SECTION 60. ORS 671.459, as amended by section 18, chapter 643,
Oregon Laws 1997, is amended to read:
671.459. (1) The State Landscape Architect Board shall operate
as a semi-independent state agency subject to sections { - 2 to
9, chapter 643, Oregon Laws 1997 - } { + 4 to 11 of this 1999
Act + }, for the purpose of carrying out ORS 671.310 to 671.459.
The board shall consist of five members to be appointed by the
Governor. Three of the members shall be registered landscape
architects, two shall be public members, and all shall be
residents of this state. The chair of the board shall be elected
by the board from among the current members.
(2) The term of office of each member 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.
SECTION 61. ORS 672.240, as amended by section 21, chapter 643,
Oregon Laws 1997, is amended to read:
672.240. (1) The State Board of Examiners for Engineering and
Land Surveying shall operate as a semi-independent state agency
subject to sections { - 2 to 9, chapter 643, Oregon Laws
1997 - } { + 4 to 11 of this 1999 Act + }, for the purpose of
carrying out ORS 672.002 to 672.325. The board shall consist of
11 members appointed by the Governor as follows:
(a) Two members shall be members of the general public.
(b) Two members shall be registered professional land
surveyors.
(c) Six members shall be registered professional engineers.
Enrolled Senate Bill 1127 (SB 1127-C) Page 21
(d) One member shall be registered both as a registered
professional engineer and as a registered professional land
surveyor. However, if a qualified person is not available, the
Governor may appoint either an engineer or a surveyor.
(2) The Governor shall appoint members to the board so that
there is at least one member of the board from each congressional
district in this state.
(3) Each engineer and land surveyor member of the board shall
have been:
(a) A resident of this state for at least three years
immediately preceding appointment; and
(b) Practicing as a registered professional engineer or as a
registered professional land surveyor for at least five years
since the date of the person's initial registration.
(4) The board shall elect biennially from among its members a
president and vice president for the ensuing biennial term.
SECTION 62. ORS 672.325, as amended by section 22, chapter 643,
Oregon Laws 1997, is amended to read:
672.325. (1) In addition to any other penalty provided by law,
any person who violates any provision of ORS 672.002 to 672.325
or any rule adopted thereunder shall forfeit and pay to the State
Board of Examiners for Engineering and Land Surveying a civil
penalty in an amount determined by the board of not more than
$1,000 for each offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) Notwithstanding ORS 670.335, civil penalties recovered
under this section shall be deposited into an account established
by the board as provided in section { - 8, chapter 643, Oregon
Laws 1997 - } { + 10 of this 1999 Act + }. Moneys deposited are
appropriated continuously to the board and shall be used only for
the administration and enforcement of ORS 672.002 to 672.325 and
sections { - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4
to 11 of this 1999 Act + }.
SECTION 63. ORS 672.615, as amended by section 24, chapter 643,
Oregon Laws 1997, is amended to read:
672.615. (1) The State Board of Geologist Examiners shall
operate as a semi-independent state agency subject to sections
{ - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4 to 11 of
this 1999 Act + }, for the purpose of carrying out ORS 672.505 to
672.705. The board shall consist of four geologists and one
public member, appointed by the Governor.
(2) Each member of the board shall be a citizen of the United
States, and shall have been a resident of this state for one year
preceding appointment. Each of the appointed geologist members of
the board shall be a geologist registered under ORS 672.505 to
672.705. The State Geologist shall be an ex officio member of the
board. Insofar as possible the board shall be composed of members
having diverse geological specialties including at least one
engineering geologist.
(3) Members of the board shall hold office until the expiration
of the term for which they were appointed and until their
successors have been appointed and qualified. On the expiration
of the term of any member, the successor of the member shall be
appointed in like manner for a term of three years.
(4) No person shall serve as a member of the board for more
than two consecutive three-year terms.
(5) The Governor may remove any member of the board for
misconduct, incompetency, neglect of duty or other sufficient
cause. Vacancies in the membership of the board shall be filled
Enrolled Senate Bill 1127 (SB 1127-C) Page 22
for the unexpired term by appointment as provided for in this
section.
(6) The board shall hold at least two regular meetings each
year.
(7) The board may fix qualifications of and appoint an
administrator who shall not be a member of the board. The board
shall fix the compensation of the administrator, who shall be in
the unclassified service.
(8) The board shall have the authority to appoint committees as
required or as considered advisable to perform such duties as the
board may direct. Such committees shall be composed of registered
geologists. Membership on all such committees is at the pleasure
of the board.
SECTION 64. ORS 672.690, as amended by section 25, chapter 643,
Oregon Laws 1997, is amended to read:
672.690. (1) In addition to any other penalty provided by law,
a person who violates any provision of ORS 672.515 to 672.705 or
any rule adopted thereunder is subject to payment of a civil
penalty to the State Board of Geologist Examiners in an amount of
not more than $1,000 for each offense.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
(3) Notwithstanding ORS 670.335, all penalties recovered shall
be deposited into an account established as provided under
section { - 8, chapter 643, Oregon Laws 1997 - } { + 10 of
this 1999 Act + }. Moneys deposited are continuously
appropriated to the board and shall be used only for the
administration and enforcement of ORS 672.505 to 672.705 and
sections { - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4
to 11 of this 1999 Act + }.
SECTION 65. ORS 683.250, as amended by section 31, chapter 643,
Oregon Laws 1997, is amended to read:
683.250. The Oregon Board of Optometry shall operate as a
semi-independent state agency subject to sections { - 2 to 9,
chapter 643, Oregon Laws 1997 - } { + 4 to 11 of this 1999
Act + }, for the purpose of carrying out this chapter. The board
shall consist of five members appointed by the Governor. Each
member of the board shall qualify by taking and subscribing the
oath of office required by the Constitution, which shall be filed
in the office of the Secretary of State. Four of the members of
this board shall be Doctors of Optometry licensed and in practice
in Oregon and the fifth member shall be a public member
representing health consumers. Each of the members shall hold
office for a term of three years or until a successor is
appointed and qualified and shall be so classified that at least
one optometrist member of the board retires each year. A majority
of the members constitute a quorum for the transaction of
business.
SECTION 66. ORS 683.290, as amended by section 33, chapter 643,
Oregon Laws 1997, is amended to read:
683.290. (1) All moneys received by the Oregon Board of
Optometry under ORS 683.010 to 683.335 shall be deposited into an
account established by the board as provided under section
{ - 8, chapter 643, Oregon Laws 1997 - } { + 10 of this 1999
Act + }. Moneys deposited into the account hereby are
appropriated continuously to the board and shall be used only for
the administration and enforcement of ORS 683.010 to 683.335 and
sections { - 2 to 9, chapter 643, Oregon Laws 1997 - } { + 4
to 11 of this 1999 Act + }.
Enrolled Senate Bill 1127 (SB 1127-C) Page 23
(2) Notwithstanding subsection (1) of this section and section
{ - 8, chapter 643, Oregon Laws 1997 - } { + 10 of this 1999
Act + }, all civil penalties collected or received for violations
of or in prosecutions under ORS 683.010 to 683.335 shall be paid
to the account described under subsection (1) of this section.
(3) All fines collected or received for violations of or in
prosecutions under ORS 683.010 to 683.335 shall be paid to the
Criminal Fine and Assessment Account.
(4) In addition to making expenditures for the administration
and enforcement of ORS 683.010 to 683.335, the Oregon Board of
Optometry may make expenditures for educational purposes out of
funds available.
SECTION 67. { + 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,
are repealed. + }
SECTION 68. { + The repeal of section 7a, chapter 643, Oregon
Laws 1997, by section 67 of this 1999 Act does not affect the
term of office for any person appointed pursuant to section 7a,
chapter 643, Oregon Laws 1997. + }
{ +
TRANSITIONAL PROVISIONS + }
SECTION 69. { + Notwithstanding the new provisions enacted and
amendments of statutes made by sections 1 to 48 and 57 to 75 of
this 1999 Act, the lawful rules of boards in effect immediately
prior to the operative date of sections 1 to 48 and 57 to 75 of
this 1999 Act shall continue in full force and effect unless
superseded by temporary or permanent rules lawfully adopted on or
after the operative date of sections 1 to 48 and 57 to 75 of this
1999 Act. + }
SECTION 70. { + Notwithstanding the new provisions enacted and
amendments of statutes made by sections 1 to 48 and 57 to 75 of
this 1999 Act, the fee structure utilized by a board immediately
prior to the operative date of sections 1 to 48 and 57 to 75 of
this 1999 Act shall continue in full force and effect except as
superseded by a fee structure adopted on or after the operative
date of sections 1 to 48 and 57 to 75 of this 1999 Act. + }
SECTION 71. { + (1) The transfer of boards to semi-independent
state agency status by sections 1 and 2 of this 1999 Act, the
application of sections 4 to 11 of this 1999 Act to boards listed
in section 3 of this 1999 Act, and the repeal of Oregon law by
section 67 of this 1999 Act shall not act to cancel, suspend or
prevent:
(a) Any lawful debt owing by or to any of those boards;
(b) Any fine, penalty, tax or obligation;
(c) Any contract or other obligation; or
(d) Any action taken by or on behalf of any of the boards in
the administration and enforcement of their duties.
(2) The application of sections 4 to 11 of this 1999 Act to
boards listed in section 3 of this 1999 Act, and the repeal of
Oregon law by section 67 of this 1999 Act, do not require a board
to reexecute any action taken pursuant to sections 2 to 9,
chapter 643, Oregon Laws 1997, that is consistent with the
provisions of sections 4 to 11 of this 1999 Act.
(3) All supplies, materials, equipment, records, books, papers
and facilities of a board as of the date of the transfer of the
boards listed under sections 1 and 2 of this 1999 Act to
semi-independent state agency status shall continue under the
control of the board as though the transfer had not occurred. + }
Enrolled Senate Bill 1127 (SB 1127-C) Page 24
{ +
CAPTIONS + }
SECTION 72. { + The unit captions used in this 1999 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 1999 Act. + }
{ +
PREPARATION + }
SECTION 73. { + Prior to the operative dates of this 1999 Act,
the boards may undertake any reasonable and necessary actions to
facilitate carrying out the purposes of this 1999 Act on or after
the operative dates of this 1999 Act. + }
{ +
OPERATIVE DATE + }
SECTION 74. { + (1) The enactments, amendments and repeals of
statutes and laws by sections 1 to 48 and 57 to 75 of this 1999
Act become operative July 1, 1999, or 60 days after the effective
date of this 1999 Act, whichever is later.
(2) Subject to the conditions imposed by section 48 of this
1999 Act, the enactments, amendments and repeals of statutes and
laws by sections 49 to 56 of this 1999 Act become operative July
1, 2001. + }
{ +
EMERGENCY CLAUSE + }
SECTION 75. { + This 1999 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 1999 Act takes effect on
its passage. + }
----------
Passed by Senate July 1, 1999
Repassed by Senate July 15, 1999
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 13, 1999
...........................................................
Speaker of House
Enrolled Senate Bill 1127 (SB 1127-C) Page 25
Received by Governor:
......M.,............., 1999
Approved:
......M.,............., 1999
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1999
...........................................................
Secretary of State
Enrolled Senate Bill 1127 (SB 1127-C) Page 26