68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
LC 1403
HOUSE AMENDMENTS TO
HOUSE BILL 2031
By COMMITTEE ON CHILDREN AND FAMILIES
March 8
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and delete line 3 and insert '137.303, 137.305,
366.524, 417.310, 418.191, 418.193 and 418.199; appropriating
money; and declaring an emergency.'.
Delete lines 5 through 29 and delete pages 2 and 3 and insert:
' { + SECTION 1. + } 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, the executive director of the { - State
Commission on Children and Families, with the approval of the
commission, - } { + 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 for research programs related to prevention of
child abuse and neglect, and to develop and strengthen community
child abuse and neglect prevention networks. Each contract
entered into by the { - executive director of the
commission - } { + 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 { - executive director of the commission - } { +
board + } shall consider need and the area of the state from
which an application is submitted to insure that all areas of the
state develop programs pursuant to ORS 418.187 to 418.199 and
432.090. { + 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 2. + } ORS 418.193 is amended to read:
' 418.193. (1) { - An advisory committee - } { + The Board
of Trustees of the Children's Trust Fund + } is established
{ - on prevention of child abuse and neglect - } and 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 { - and serve at the pleasure of - } 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. + }
' { - (2) - } { + (3) + } The { - advisory committee - }
{ + board + } shall review all applications for contracts
submitted and shall { - recommend appropriate action on such
applications before forwarding them to the executive director of
the State Commission on Children and Families for final action.
The advisory committee shall advise the commission as it finds
necessary regarding any application or contract subject to ORS
418.187 to 418.199 and 432.090. - } { + 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. + }
' { - (3) - } { + (4) + } Members of the { - advisory
committee - } { + board + } shall receive no compensation for
their services. Members of the
{ - advisory committee - } { + board + } other than members
employed in full-time public service shall be reimbursed by the
{ - commission - } { + executive director + } 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 { - advisory
committee - } { + 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.
' { - (4) - } { + (5) + } The { - advisory committee - }
{ + 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 { - advisory committee - } { + board + }.
{ + ' (6) Subject to any applicable provisions of the State
Personnel Relations Law, the board shall appoint an executive
director and may employ and fix the compensation of 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. + }
' { + SECTION 3. + } { + Section 4 of this Act is added to
and made a part of ORS 418.187 to 418.199. + }
' { + SECTION 4. + } { + (1) The Children's Trust Endowment
Fund is established in the State Treasury, separate and distinct
from the General Fund.
' (2) The fund shall consist of moneys transferred to the fund
under ORS 137.303, charitable donations to the fund and any
moneys returned or repaid to the fund under grant contracts or
under rules or policies adopted by the Board of Trustees of the
Children's Trust Fund.
' (3) All interest received from moneys credited to the fund
shall accrue to and become part of the fund.
' (4) Moneys in the fund, with the approval of the State
Treasurer, may be invested as provided in ORS 293.701 to 293.820
and the earnings from such investments shall be credited to the
fund.
' (5)(a) Subject to the terms of the governing instruments and
applicable law, the Board of Trustees of the Children's Trust
HA to HB 2031 Page 2
Fund may enter into agreements with one or more community
foundations in Oregon to assume the management of investments of
moneys in the fund. The board may transfer to the community
foundation any or all gifts or grants received by the board from
any private donor.
' (b) All gifts or scholarship grant funds received by the
board that are not transferred to community foundations pursuant
to this section shall be placed in the hands of the State
Treasurer, who is designated as the custodian thereof and who may
hold, in the manner provided by law, the principal and interest
on the gifts and grants. Funds may be withdrawn periodically by
the board to provide for administrative expenditures.
' (c) As used in this subsection, 'community foundation ' means
an organization that is:
' (A) A community trust or foundation within the meaning of
section 170 of the Internal Revenue Code of 1986 and section
1.170A-9(e)(10) of the Treasury regulations thereunder;
' (B) Exempt from federal income tax under section 501(c)(3) of
the Internal Revenue Code of 1986; and
' (C) Not a private foundation within the meaning of section
509 of the Internal Revenue Code of 1986.
' (6) The board may expend moneys in the fund for reasonable
expenses. All other moneys in the fund shall be accumulated until
the principal in the fund reaches $5 million. Thereafter, 80
percent of the income generated by the fund investments may be
expended as provided in ORS 418.187 to 418.199.
' (7) The board may establish other subaccounts within the fund
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. + }
' { + SECTION 5. + } { + (1) The terms of office for members
of the advisory committee now serving under ORS 418.193 shall
expire on the effective date of this Act and the Governor shall
make appointments to the Board of Trustees of the Children's
Trust Fund in accordance with ORS 418.193. However, a member of
the advisory committee whose office is terminated is eligible for
appointment to the board.
' (2) Notwithstanding terms of the board members specified in
ORS 418.193, of the members first appointed to the board:
' (a) Three shall serve for terms ending July 1, 1996.
' (b) Three shall serve for terms ending July 1, 1997.
' (c) Three shall serve for terms ending July 1, 1998.
' (d) Three shall serve for terms ending July 1, 1999. + }
' { + SECTION 6. + } ORS 418.199 is amended to read:
' 418.199. (1) The Children's Trust Fund is established as a
fund in the State Treasury, separate and distinct from the
General Fund. Interest earned by the fund shall be credited to
the fund. The primary purpose of this fund 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 and to develop and strengthen community child
abuse and neglect prevention networks. For this purpose, the fund
shall be expended { + by the Board of Trustees of the Children's
Trust Fund + } only as provided in ORS 418.187 to 418.199 and
432.090.
' (2) The { - State Commission on Children and Families - }
{ + + } { + Board of Trustees of the Children's Trust
Fund + } may solicit and accept money in the form of gifts,
contributions and grants to be deposited in the trust fund. The
HA to HB 2031 Page 3
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 7. + } ORS 137.303 is amended to read:
' 137.303. (1) The Department of Revenue is responsible for
assuring that moneys in the Criminal Fine and Assessment Account
are properly distributed and shall distribute the moneys monthly
according to the following formula:
' (a) 16.1000 percent of moneys in the account shall be
transferred to the Police Standards and Training Account
established under ORS 181.690.
' (b) 7.9881 percent of moneys in the account shall be
transferred to the Criminal Injuries Compensation Account
established under ORS 147.225.
' (c) 0.1547 percent of moneys in the account shall be
transferred to the Boating Safety, Law Enforcement and Facility
Account established under ORS 830.140.
' (d) 4.3548 percent of moneys in the account shall be
transferred to the Intoxicated Driver Program Fund established
under ORS 813.270.
' { - (e) 0.0500 percent of moneys in the account shall be
transferred to the State Highway Fund established under ORS
366.505, to be used and expended for purposes designated by the
Oregon Transportation Commission pursuant to ORS 802.110. - }
' { - (f) 2.0726 percent of moneys in the account shall be
transferred to the State Highway Fund established under ORS
366.505, to be used and expended as are other state highway
funds. - }
' { + (e) 2.1226 percent of moneys in the account shall be
transferred to the Children's Trust Endowment Fund established
under section 4 of this 1995 Act. + }
' { - (g) - } { + (f) + } 0.0369 percent of moneys in the
account shall be transferred to the State Parks and Recreation
Department Fund.
' { - (h) - } { + (g) + } 0.5521 percent of moneys in the
account shall be transferred to the Motor Vehicle Records Account
established under ORS 802.150.
' { - (i) - } { + (h) + } 2.0138 percent of moneys in the
account shall be transferred to the Department of Transportation
and is continuously appropriated to the department for
administrative expenses connected with driver and motor vehicle
services.
' { - (j) - } { + (i) + } 0.5538 percent of moneys in the
account shall be transferred to the State Wildlife Fund
established under ORS 496.300.
' { - (k) - } { + (j) + } 50.5796 percent of moneys in the
account shall be transferred to the General Fund to be used for
general governmental expenses.
' { - (L) - } { + (k) + } 2.4152 percent of the moneys in
the account shall be reserved to be distributed as provided in
ORS 137.305.
' { - (m) - } { + (L) + } 0.1343 percent of the moneys in
the account shall be transferred to the Department of Human
Resources for use by alcohol and drug abuse programs under ORS
430.400.
' { - (n) - } { + (m) + } 4.1954 percent of the moneys in
the account shall be transferred to the Department of State
Police and is continuously appropriated to the department.
HA to HB 2031 Page 4
' { - (o) - } { + (n) + } 0.8106 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.
' { - (p) - } { + (o) + } 7.9881 percent of the moneys in
the account shall be transferred to the Child Abuse
Multidisciplinary Intervention Account established in ORS
418.746.
' (2) The Department of Revenue shall report to Children's
Services Division monthly on the amount of moneys transferred to
the Child Abuse Multidisciplinary Intervention Account under
subsection (1) { - (p) - } { + (o) + } 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 8. + } 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 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;
HA to HB 2031 Page 5
' (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) Insure 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 9. + } ORS 137.305 is amended to read:
' 137.305. Moneys reserved under ORS 137.303 (1) { - (L) - }
{ + (k) + } shall be distributed monthly as follows:
' (1) If the monthly distribution to the Police Standards and
Training Account pursuant to ORS 137.303 (1)(a), ORS 137.015
(1985 Replacement Part) and ORS 813.240 (1)(b) (1985 Replacement
Part), is not at least $390,630, then the Department of Revenue
shall distribute from the reserved moneys such amount as will
make up the shortage for the month.
' (2) If the monthly distribution to the Criminal Injuries
Compensation Account pursuant to ORS 137.303 (1)(b) and ORS
147.259 (1985 Replacement Part) is not at least $179,000, then
the Department of Revenue shall distribute from the reserved
moneys such amount as will make up the shortage for the month.
' (3) If the amount reserved under ORS 137.303 (1) { - (L) - }
{ + (k) + } is not adequate to make up the shortages described
in subsections (1) and (2) of this section, the Department of
Revenue shall distribute the reserved moneys to make up for as
much of the shortages as possible. The department shall
distribute those moneys between the recipients named in
subsections (1) and (2) of this section so that, as nearly as
possible, each such recipient suffers, for that month, the same
shortage on a percentage basis.
' (4) If any moneys reserved under ORS 137.303 (1) { - (L) - }
{ + (k) + } remain undistributed after the procedure described
in subsections (1) to (3) of this section, those moneys shall
cease to be reserved and shall remain in the Criminal Fine and
Assessment Account for distribution in the following month.
HA to HB 2031 Page 6
' { + SECTION 10. + } ORS 366.524 is amended to read:
' 366.524. The taxes collected under ORS 319.020, 319.530,
767.820, 767.825, 803.420 and 818.225 { - and the moneys
collected under ORS 137.303 (1)(f) - } shall be allocated 24.38
percent to counties under ORS 366.525 and 15.57 percent to cities
under ORS 366.800.
' { + SECTION 11. + } { + This Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Act takes effect July 1,
1995. + } ' .
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