69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
House Bill 2509
Sponsored by COMMITTEE ON JUDICIARY (at the request of
Legislative Counsel Committee)
CHAPTER ................
AN ACT
Relating to the correction of erroneous material in Oregon law;
creating new provisions; amending ORS 3.425, 8.415, 8.420,
9.005, 9.010, 9.529, 14.040, 20.190, 21.410, 25.085, 29.225,
29.415, 30.950, 40.210, 44.320, 59.025, 60.201, 60.434, 65.957,
68.020, 68.620, 87.501, 90.260, 90.310, 90.320, 90.770, 97.740,
107.106, 109.015, 109.675, 124.020, 124.100, 131.005, 132.320,
132.440, 133.310, 147.275, 162.135, 162.185, 163.165, 166.165,
166.725, 174.535, 179.473, 181.610, 183.534, 188.015, 197.455,
205.242, 215.213, 215.317, 215.452, 223.208, 238.005, 238.015,
238.300, 238.350, 238.375, 238.700, 239.002, 243.325, 243.335,
244.020, 254.555, 260.005, 271.715, 271.725, 271.755, 271.765,
271.795, 283.010, 285.613, 291.216, 291.990, 292.990, 294.035,
307.203, 307.541, 326.550, 329.675, 336.010, 336.580, 336.790,
339.147, 339.505, 339.520, 341.039, 341.102, 342.865, 343.980,
344.257, 344.760, 348.890, 353.250, 358.920, 358.945, 366.530,
371.655, 374.310, 377.750, 377.767, 377.836, 390.114, 391.130,
391.165, 409.185, 411.892, 414.023, 417.735, 418.005, 418.658,
419A.262, 419B.521, 420.019, 423.010, 423.560, 426.300,
441.020, 441.289, 443.880, 448.115, 448.119, 448.123, 448.127,
448.150, 448.255, 450.897, 453.510, 454.280, 454.805, 458.505,
458.510, 458.515, 458.525, 461.250, 465.520, 466.605, 468A.595,
468A.992, 469.232, 469.421, 469.720, 469.805, 471.038, 471.285,
471.290, 471.392, 471.478, 471.675, 472.060, 473.030, 496.090,
497.162, 527.755, 530.110, 542.750, 545.199, 568.210, 568.900,
576.765, 608.310, 619.095, 621.072, 622.250, 624.165, 633.340,
633.460, 634.126, 634.226, 645.020, 646.551, 646.605, 654.090,
654.305, 656.254, 657.176, 657.665, 671.045, 675.063, 675.090,
675.715, 682.025, 694.085, 697.031, 700.100, 700.220, 700.260,
708.430, 723.122, 731.466, 733.230, 733.658, 756.305, 756.543,
774.070, 777.535, 783.990, 809.440, 810.180, 811.175, 811.180,
811.182, 811.455, 811.470, 811.550, 813.604, 821.060, 823.023,
823.027, 823.085, 823.087, 823.101, 823.103, 823.991, 824.018,
824.112, 824.114, 824.206, 824.212, 824.214, 824.218, 824.220,
824.224, 824.254, 824.300, 824.302, 825.024, 825.206, 825.230,
825.232, 825.330, 825.400 and 826.031 and section 9, chapter
717, Oregon Laws 1973, section 4, chapter 514, Oregon Laws
1987, section 7, chapter 381, Oregon Laws 1989, section 16,
chapter 739, Oregon Laws 1993, section 2, chapter 764, Oregon
Laws 1993, and section 6, chapter 516, Oregon Laws 1995, and
ORCP 55D and 59G; and repealing ORS 21.710, 188.130, 276.185,
351.512, 682.235, 824.258, 824.312 and 824.314 and section 57,
chapter 162, Oregon Laws 1995, section 23, chapter 607, Oregon
Enrolled House Bill 2509 (HB 2509-B) Page 1
Laws 1995, section 50, chapter 658, Oregon Laws 1995, and
section 1, chapter 666, Oregon Laws 1995.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.535 is amended to read:
174.535. It is the policy of the Legislative Assembly to revise
sections from Oregon Revised Statutes and Oregon law periodically
in order to maintain accuracy. However, nothing in chapter 740,
Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158,
Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993,
{ - and - } chapter 79, Oregon Laws 1995, { + and this 1997
Act + } is intended to alter the legislative intent or purpose of
statutory sections affected by chapter 740, Oregon Laws 1983,
chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987,
chapter 171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws
1991, chapters 18 and 469, Oregon Laws 1993, { - and - }
chapter 79, Oregon Laws 1995, { + and this 1997 Act + } except
insofar as the amendments thereto, or repeals thereof,
specifically require.
{ + NOTE: + } Reviser's Bill policy statement.
SECTION 2. ORS 3.425 is amended to read:
3.425. (1) The family court department or, if there is no
family court department, the presiding judge or designee of each
circuit court may establish { - : - }
{ - (a)(A) - } an education program designed to inform
parents about the impact of family restructuring on children when
the parent is a named party in { + any of the following
proceedings + }:
{ - (i) - } { + (a) + } An annulment or dissolution of
marriage action { + . + } { - ; - }
{ - (ii) - } { + (b) + } A legal separation
action { + . + } { - ; - }
{ - (iii) - } { + (c) + } A petition to establish custody
or visitation { + . + } { - ; or - }
{ - (iv) - } { + (d) + } Post-decree litigation involving
custody or visitation.
{ - (B) - } { + (2) + } { - The - } { + An + }
education program { + established under subsection (1) of this
section + } must include, but need not be limited to information
about:
{ - (i) - } { + (a) + } The emotional impact of a
dissolution of marriage or a separation on children at different
developmental stages { + . + } { - ; - }
{ - (ii) - } { + (b) + } Parenting during and after a
dissolution of marriage or a separation { + . + } { - ; - }
{ - (iii) - } { + (c) + } Custody, visitation and shared
parenting plans { + . + }
{ - ; - }
{ - (iv) - } { + (d) + } The effect on children of parental
conduct including, but not limited to long distance
parenting { + . + } { - ; and - }
{ - (v) - } { + (e) + } Mediation and conflict
resolution { + . + } { - ; and - }
{ - (b) - } { + (3) The family court department or, if
there is no family court department, the presiding judge or
designee of each circuit court may establish + } an education
program designed to provide information about dissolution law and
legal procedures, mediation and other dispute resolution
Enrolled House Bill 2509 (HB 2509-B) Page 2
alternatives to persons seeking to annul or dissolve a marriage
or to separate from each other. The program must include, but
need not be limited to information about:
{ - (A) - } { + (a) + } Shared parenting plans { + . + }
{ - ; - }
{ - (B) - } { + (b) + } Division of marital
property { + . + } { - ; - }
{ - (C) - } { + (c) + } Spousal and child support { + . + }
{ - ; - }
{ - (D) - } { + (d) + } Court procedures and time
requirements { + . + } { - ; - }
{ - (E) - } { + (e) + } Litigation, mediation and conflict
resolution { + . + } { - ; and - }
{ - (F) - } { + (f) + } The role of attorneys in mediation.
{ - (2)(a) - } { + (4) + } The court may order the parties
in any action listed in subsection (1) of this section to
participate in education programs described in { - subsection
(1) of - } this section unless:
{ - (A) - } { + (a) + } Subject to the approval of the
court, the parties agree not to participate;
{ - (B) - } { + (b) + } On motion of either party or on its
own motion, the court determines that participation is
unnecessary; or
{ - (C) - } { + (c) + } With prior approval of the court,
the parties select and participate in comparable education
programs.
{ - (b) - } { + (5) + } The court may not require
{ - the - } { + both + } parties to attend { - the - } { +
an + } education { - programs - } { + program established
under this section + } at the same time.
{ - (3)(a) - } { + (6)(a) + } The family court department
or, if there is no family court department, the presiding judge
or designee of each circuit court shall designate the program
providers for the education programs.
(b) A program provider may charge a person a reasonable fee to
attend education programs. A program provider may not exclude a
person from attending education programs due to an inability to
pay the fee if the court has indicated that the person is
indigent or otherwise unable to pay the fee.
(c) A program provider shall issue a certificate of completion
to a participant when the participant has satisfactorily
completed the education programs. A certificate of completion
must be filed with the court prior to the entry of the final
judgment in the action.
{ + NOTE: + } Clarifies section structure; adjusts internal
references.
SECTION 3. ORS 8.415 is amended to read:
8.415. As used in ORS 8.415 to 8.455 { - and 44.320 - } ,
unless the context requires otherwise:
(1) 'Advisory committee' means the Certified Shorthand
Reporters Advisory Committee created in ORS 8.455.
(2) 'Administrator' means the State Court Administrator.
(3) 'Certified shorthand reporter' means an individual who has
been certified to engage in the practice of shorthand reporting
under ORS 8.415 to 8.455 { - and 44.320 - } .
(4) 'Shorthand reporting' means the making and transcribing of
a verbatim record of any court proceeding, deposition, hearing or
other matter where the verbatim record is required or requested
by any court, grand jury, attorney or referee to be made by means
Enrolled House Bill 2509 (HB 2509-B) Page 3
of a written system of either manual or machine shorthand
procedures.
{ + NOTE: + } Deletes incorrect reference; reflects amendment
of ORS 44.320.
SECTION 4. ORS 8.420 is amended to read:
8.420. (1) The State Court Administrator shall verify the
qualifications of shorthand reporters to be certified and shall
issue the certificate of shorthand reporter to qualified
applicants.
(2) The administrator shall adopt policies necessary to
administer ORS 8.415 to 8.455 { - and 44.320 - } and may
appoint any committees necessary to function in accordance with
ORS 8.415 to 8.455 { - and 44.320 - } .
(3) The administrator shall:
(a) Adopt policies establishing the qualifications necessary
for the issuance of a certificate of certified shorthand
reporter;
(b) Determine the qualifications of persons applying for
certificates under ORS 8.415 to 8.455;
(c) Adopt policies for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
(d) Grant certificates to qualified applicants upon compliance
with ORS 8.415 to 8.455 and policies of the administrator;
(e) Establish continuing education requirements for biennial
renewal of certificates;
(f) Collect fees as set by the administrator;
(g) Require the biennial renewal of all certificates;
(h) Establish a code of conduct and grounds for disciplinary
action; and
(i) Investigate complaints regarding court reporters.
(4) The advisory committee shall recommend:
(a) Standards establishing the qualifications necessary for the
issuance of a certificate of certified shorthand reporter;
(b) Qualifications required of persons applying for
certificates under ORS 8.415 to 8.455;
(c) Procedures for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
(d) Certificates be granted by the administrator to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies
of the administrator;
(e) Continuing education requirements for biennial renewal of
certificates;
(f) A code of conduct and grounds for suspension or revocation
of certificates or other disciplinary action to the
administrator;
(g) Investigation of complaints regarding court reporters at
the direction of the administrator; and
(h) Any corrective action that may be required.
{ + NOTE: + } Deletes incorrect references.
SECTION 5. ORS 9.005 is amended to read:
9.005. As used in ORS { - 9.010 - } { + 9.005 + } to 9.755,
unless the context or subject matter requires otherwise:
(1) 'Attorney' and 'member' mean a member of the bar.
(2) 'Board' and 'board of governors' mean the board of
governors of the bar.
(3) 'Delegate' means a delegate of the house of delegates of
the Oregon State Bar.
(4) 'Executive director' means the chief administrative
employee of the bar, appointed by the board. The executive
director may, but need not be, a member of the bar; and the
Enrolled House Bill 2509 (HB 2509-B) Page 4
executive director shall serve at the board's discretion and
shall perform such duties as the board shall prescribe.
(5) 'Governor' means a member of the board of governors of the
bar.
(6) 'House' and 'house of delegates' mean the house of
delegates of the Oregon State Bar.
(7) 'Oregon State Bar,' 'state bar' and 'bar' mean the Oregon
State Bar created by the State Bar Act set forth in ORS 9.005 to
9.755.
(8) 'Rules of procedure' means the rules of procedure relative
to admission, discipline, resignation and reinstatement of
members of the bar adopted by the board and approved by the
Supreme Court.
{ + NOTE: + } Amends reference to create uniform series
relating to regulation of practice of law.
SECTION 6. ORS 9.010 is amended to read:
9.010. (1) An attorney, admitted to practice in this state, is
an officer of the court; and the Oregon State Bar is a public
corporation and an instrumentality of the Judicial Department of
the government of the State of Oregon and is authorized to carry
out the provisions of ORS { - 9.030 - } { + 9.005 + } to
9.755. The bar is subject to the following statutes applicable to
public bodies: ORS 30.210 to 30.250, 30.260 to 30.300, 30.310,
30.312, 30.390, 30.400, the Oregon Rules of Civil Procedure, ORS
192.410 to 192.505, 192.610 to 192.690, 244.010 to 244.040,
297.110 to 297.230, ORS chapters 307, 308 and 311, ORS 731.036
and 737.346. However, the bar is not subject to any other
statute applicable to a state agency, department, board or
commission or public body unless such statute expressly provides
that it is applicable to the Oregon State Bar.
(2) The Oregon State Bar has perpetual succession and a seal,
and it may sue and be sued. Notwithstanding the provisions of ORS
270.020 and ORS chapters 278 and 279, it may, in its own name,
for the purpose of carrying into effect and promoting its
objectives, enter into contracts and lease, acquire, hold, own,
encumber, insure, sell, replace, deal in and with and dispose of
real and personal property. ORS 279.011 to 279.067, 279.310 to
279.542, 279.710 and 279.711 shall not apply to any contract for
purchase, lease or sale of personal property, public improvements
or services entered into before, on or after July 9, 1985.
(3) No obligation of any kind incurred or created under this
section shall be, or be considered, an indebtedness or obligation
of the State of Oregon.
{ + NOTE: + } Amends reference to create uniform series
relating to regulation of practice of law.
SECTION 7. { + ORS 9.241 and 9.280 are added to and made a
part of ORS 9.005 to 9.755. + }
{ + NOTE: + } Adds sections to appropriate series relating to
regulation of practice of law.
SECTION 8. { + ORS 9.400 is added to and made a part of ORS
chapter 20. + }
{ + NOTE: + } Adds section to appropriate chapter.
SECTION 9. ORS 9.529 is amended to read:
9.529. Bar proceedings relating to discipline, admission and
reinstatement are neither civil nor criminal in nature. They are
sui generis and within the inherent power of the Supreme Court to
control. The grounds for denying any applicant admission or
reinstatement or for the discipline of attorneys set forth in
{ - this chapter - } { + ORS 9.005 to 9.755 + } are not
intended to limit or alter the inherent power of the Supreme
Enrolled House Bill 2509 (HB 2509-B) Page 5
Court to deny any applicant admission or reinstatement to the bar
or to discipline a member of the bar.
{ + NOTE: + } Amends reference to create uniform series
relating to regulation of practice of law.
SECTION 10. ORCP 55 D is amended to read:
D Service; service on law enforcement agency; service by mail;
proof of service.
D(1) Service. Except as provided in subsection (2) of this
section, a subpoena may be served by the party or any other
person 18 years of age or older. The service shall be made by
delivering a copy to the witness personally and giving or
offering to the witness at the same time the fees to which the
witness is entitled for travel to and from the place designated
and, whether or not personal attendance is required, one day's
attendance fees. The service must be made so as to allow the
witness a reasonable time for preparation and travel to the place
of attendance. A subpoena for taking of a deposition, served upon
an organization as provided in Rule 39 C(6), shall be served in
the same manner as provided for service of summons in Rule 7
D(3)(b)(i), D(3)(d), D(3)(e), or D(3)(f). Copies of each subpoena
commanding production of books, papers, documents or tangible
things and inspection thereof before trial, not accompanied by
command to appear at trial or hearing or at deposition, whether
the subpoena is served personally or by mail, shall be served on
each party at least seven days before the subpoena is served on
the person required to produce and permit inspection, unless the
court orders a shorter period. In addition, a subpoena shall not
require production less than 14 days from the date of service
upon the person required to produce and permit inspection, unless
the court orders a shorter period.
D(2) Service on law enforcement agency.
D(2)(a) Every law enforcement agency shall designate individual
or individuals upon whom service of subpoena may be made. At
least one of the designated individuals shall be available during
normal business hours. In the absence of the designated
individuals, service of subpoena pursuant to paragraph (b) of
this subsection may be made upon the officer in charge of the law
enforcement agency.
D(2)(b) If a peace officer's attendance at trial is required as
a result of employment as a peace officer, a subpoena may be
served on such officer by delivering a copy personally to the
officer or to one of the individuals designated by the agency
which employs the officer not later than 10 days prior to the
date attendance is sought. A subpoena may be served in this
manner only if the officer is currently employed as a peace
officer and is present within the state at the time of service.
D(2)(c) When a subpoena has been served as provided in
paragraph (b) of this subsection, the law enforcement agency
shall make a good faith effort to give actual notice to the
officer whose attendance is sought of the date, time, and
location of the court appearance. If the officer cannot be
notified, the law enforcement agency shall promptly notify the
court and a postponement or continuance may be granted to allow
the officer to be personally served.
D(2)(d) As used in this subsection, 'law enforcement agency'
means the Oregon State Police, a county sheriff's department, or
a municipal police department.
D(3) Service by mail.
Enrolled House Bill 2509 (HB 2509-B) Page 6
Under the following circumstances, service of a subpoena to a
witness by mail shall be of the same legal force and effect as
personal service otherwise authorized by this section:
D(3)(a) The attorney certifies in connection with or upon the
return of service that the attorney, or the attorney's agent, has
had personal or telephone contact with the witness, and the
witness indicated a willingness to appear at trial if subpoenaed;
D(3)(b) The attorney, or the attorney's agent, made
arrangements for payment to the witness of fees and mileage
satisfactory to the witness; and
D(3)(c) The subpoena was mailed to the witness more than 10
days before trial by certified mail or some other designation of
mail that provides a receipt for the mail signed by the
recipient, and the attorney received a return receipt signed by
the witness more than three days prior to trial.
D(4) Service by mail; exception. Service of subpoena by mail
may be used for a subpoena commanding production of books,
papers, documents, or tangible things, not accompanied by a
command to appear at trial or hearing or at deposition.
D(5) Proof of service. Proof of service of a subpoena is made
in the same manner as proof of service of a summons { + except
that the server need not certify that the server is not a party
in the action, an attorney for a party in the action or an
officer, director or employee of a party in the action + }.
{ + NOTE: + } Clarifies that certification requirement of
summons does not apply to subpoena.
SECTION 11. ORCP 59 G is amended to read:
G Return of jury verdict.
G(1) Declaration of verdict. When the jurors have agreed upon
their verdict, they shall be conducted into court by the officer
having them in charge. The court shall inquire whether they have
agreed upon their verdict. If the foreperson answers in the
affirmative, it shall be read.
G(2) Number of jurors concurring. In civil cases three-fourths
of the jury may render a verdict.
G(3) Polling the jury. When the verdict is given, and before it
is filed, the jury may be polled on the request of a party, for
which purpose each juror shall be asked whether { - it is his
or her verdict - } { + the verdict is the juror's verdict + }.
If { - a less number of - } { + fewer + } jurors answer in the
affirmative than the number required to render a verdict, the
jury shall be sent out for further deliberations.
G(4) Informal or insufficient verdict. If the verdict is
informal or insufficient, it may be corrected by the jury under
the advice of the court, or the jury may be required to
deliberate further.
G(5) Completion of verdict; form and entry. When a verdict is
given and is such as the court may receive, the clerk shall file
the verdict. Then the jury shall be discharged from the case.
{ + NOTE: + } Deletes gender-specific pronouns; corrects
grammar.
SECTION 12. ORS 14.040 is amended to read:
14.040. Actions and suits for the following causes shall be
commenced and tried in the county in which the subject of the
action or suit, or some part thereof, is situated:
(1) Actions for the recovery of real property, or an estate or
interest therein, or for injuries to real property { + . + }
{ - ; - }
(2) Actions for the recovery of any personal property
distrained for any cause { + . + } { - ; - }
Enrolled House Bill 2509 (HB 2509-B) Page 7
(3) Suits for the partition of real property { + . + }
{ - ; - }
(4) Suits for the foreclosure of a lien or mortgage upon real
property { + . + } { - ; - }
(5) Suits for the determination of an adverse claim, estate, or
interest in real property, or the specific performance of an
agreement in relation thereto.
{ + NOTE: + } Corrects punctuation.
SECTION 13. ORS 20.190 is amended to read:
20.190. (1) Except as provided in subsections (2) to (5) of
this section, a prevailing party in a civil action or proceeding
who has a right to recover costs and disbursements in the
following cases also has a right to recover, as a part of the
costs and disbursements, the following additional amounts:
(a) In the Supreme Court or Court of Appeals, on an appeal,
$100.
(b) In a circuit court or district court:
(A) When judgment is given without trial of an issue of law or
fact or on an appeal, $50; or
(B) When judgment is given after trial of an issue of law or
fact, $75.
(c) In a small claims department, a county court or justice
court, one-half of the amount provided for in paragraph (b) of
this subsection.
(2) In lieu of the prevailing party fee provided for in
subsection (1) of this section, in any civil action or proceeding
in which recovery of money or damages is sought, a prevailing
party who has a right to recover costs and disbursements also has
a right to recover, as a part of the costs and disbursements, the
following additional amounts:
(a) In a circuit court:
(A) When judgment is given without trial of an issue of law or
fact, $250; or
(B) When judgment is given after trial of an issue of law or
fact, $500.
(b) In a district court:
(A) When judgment is given without trial of an issue of law or
fact, $125; or
(B) When judgment is given after trial of an issue of law or
fact, $250.
(c) In a small claims department, a county court or justice
court:
(A) When judgment is given without trial of an issue of law or
fact, $50; or
(B) When judgment is given after trial of an issue of law or
fact, $75.
(3) In addition to the amounts provided for in subsection (2)
of this section, in any civil action or proceeding in a district
or circuit court in which recovery of money or damages is sought,
a circuit court may award to the prevailing party up to an
additional $5,000 as a prevailing party fee, and a district court
may award up to an additional $2,500 as a prevailing party fee.
The court shall consider the following factors in making an award
under the provisions of this subsection:
(a) The conduct of the parties in the transactions or
occurrences that gave rise to the litigation, including any
conduct of a party that was reckless, willful, malicious, in bad
faith or illegal.
(b) The objective reasonableness of the claims and defenses
asserted by the parties.
Enrolled House Bill 2509 (HB 2509-B) Page 8
(c) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting good faith
claims or defenses in similar cases.
(d) The extent to which an award of a larger prevailing party
fee in the case would deter others from asserting meritless
claims and defenses.
(e) The objective reasonableness of the parties and the
diligence of the parties and their attorneys during the
proceedings.
(f) The objective reasonableness of the parties and the
diligence of the parties in pursuing settlement of the dispute.
(g) Any award of attorney fees made to the prevailing party as
part of the judgment.
(h) Such other factors as the court may consider appropriate
under the circumstances of the case.
(4) Nonprevailing parties are jointly liable for the prevailing
party fees provided for in this section. A court may not award
more than one prevailing party fee to a prevailing party under
this section, or more than one prevailing party fee against a
nonprevailing party regardless of the number of parties in the
action, and, upon being paid the amount of the award, the
prevailing party may not seek recovery of any additional amounts
under the provisions of this section from any other nonprevailing
party.
(5) In any appeal from the award or denial of a prevailing
party fee under subsection (2) of this section, the court
reviewing the award may not modify the decision of the court in
making or denying an award, or the decision of the court as to
the amount of the award, except upon a finding of an abuse of
discretion.
(6) The prevailing party fees provided for in this section may
not be awarded in the following proceedings:
(a) A class action proceeding under ORCP 32.
(b) A condemnation proceeding.
(c) Proceedings under the provisions of ORS chapters 25, 107,
108 and 109 and ORS { - 110.005 to 110.291 - } { + 110.300 to
110.441 + } and 124.005 to 124.040.
(7) Mandatory arbitration under ORS 36.400 to 36.425 does not
constitute a trial of an issue of law or fact for the purposes of
this section.
{ + NOTE: + } Corrects reference to repealed statutes with
reference to current provisions.
SECTION 14. ORS 21.410 is amended to read:
21.410. (1) The sheriff of a county shall collect the following
fees in civil actions, suits and proceedings for each case
delivered to the office of the sheriff:
(a) For serving summons, subpoena, citation, order, notice or
similar documents, including small claims or writ of execution,
directed to not more than two different parties at the same
address, $20; otherwise $20 for each party for which service is
requested. The fee authorized by this paragraph shall not be
charged to the state in civil actions, suits and proceedings
where one party is an indigent person who has been appointed
counsel at state expense.
(b) For serving notice of seizure and sale of personal or real
property, notice of restitution, or other seizure under writ of
attachment or execution, or other process or proceeding, $20.
(c) For seizure and sale of personal or real property,
enforcement of writ of execution of judgment of restitution, or
other enforcement or seizure under writ of attachment or
Enrolled House Bill 2509 (HB 2509-B) Page 9
execution, or other process or proceeding, $47, and, in addition,
such sums as may be reasonable and necessary to secure each
keeper or custodian of property in custody, the expense of
inventory of property in custody and expense incurred in
newspaper advertising required by law in the execution of
process.
(d) For making a conveyance of real property sold on any
process, $15, to be paid by, or for, the grantee.
(e) For making a copy of any process, order, notice or other
instrument in writing, when necessary to complete the service
thereof, for each folio, $3; but no charge shall be made for copy
of complaint or other paper not actually made by the sheriff.
(f) For entering and processing distraint warrants for state
agencies, $6.25 each.
(2) Persons other than a sheriff serving process and other
documents may charge any fee agreed to between the server and the
person requesting service. However, for the purposes of recovery
of costs and disbursements, the court may not award amounts in
excess of the amounts specified by subsection (1) of this section
for the service of a process or other documents.
(3) Fees collected for service by the sheriff shall be retained
for the benefit of the county where the party to be served cannot
be found.
(4) No mileage or commission shall be collected by a sheriff
for service of any document or process but in any service
involving travel in excess of 75 miles round trip an additional
fee not to exceed $25 may be billed and collected by a sheriff.
Mileage shall be measured from the location at which the service
is made to the circuit court in that county.
{ + (5) As used in this section, 'folio' means 100 words,
counting two figures as one word. Any portion of a folio, when
the whole paper contains less than a folio, or when such portion
is an excess over the last folio, shall be deemed a folio. + }
{ + NOTE: + } Moves definition to appropriate statute.
SECTION 15. { + ORS 21.710 is repealed. + }
{ + NOTE: + } Eliminates unnecessary definition; moves
definition to appropriate statute.
SECTION 16. ORS 25.085 is amended to read:
25.085. (1) In any proceeding under ORS 25.080 service of legal
documents upon an obligee may be by regular mail to the address
at which the obligee receives public assistance as defined in ORS
411.010, or to an address provided by an obligee on the obligee's
application for child support enforcement services, or to any
other address given by the obligee, provided that the address has
been provided by the obligee within the six months immediately
preceding. When service is authorized by regular mail under this
section, proof of service may be by notation upon the
computerized case record made by the person making the mailing.
The notation shall set forth the address to which the documents
were mailed, the date they were mailed, the description of the
documents mailed and the name of the person making the notation.
If the documents are returned by the postal service as
undeliverable as addressed, that fact shall be noted on the
computerized case record. If no new address for service by
regular mail can be obtained, service shall be by certified mail,
return receipt requested or by personal service upon the obligee.
(2) Notwithstanding any other provision of ORS
{ - chapters - } { + chapter + } 25 or 416 or ORS 110.300 to
110.441, when a case is referred to this state by a public child
support agency of another state for action in this state, there
Enrolled House Bill 2509 (HB 2509-B) Page 10
is no requirement that an obligee, present in the initiating
state and receiving child support enforcement services from that
state, be served in any action taken in this state as a
consequence of the interstate referral. In such cases the
requirement to serve the obligee
{ - which - } { + that + } would otherwise apply is satisfied
by sending to the initiating agency in the other state, by
regular mail, any documents { - which - } { + that + } would
otherwise be served upon the obligee.
(3) The appropriate child support agency of the state shall
make any mailings to or service upon the obligee that is required
by this section.
{ + NOTE: + } Corrects grammar.
SECTION 17. ORS 29.225 is amended to read:
29.225. (1) The notice of exemptions referred to in ORS 29.215
shall be in substantially the form set forth in this subsection.
Nothing in the notice form described under this subsection is
intended either to expand or restrict the law relating to exempt
property. Whether property is exempt from execution, attachment
and garnishment shall be determined by reference to other law.
The form may be modified either to provide more complete
information or to update the notice based on subsequent changes
in exemption laws. However, any such modification shall not be
required. The following form is for notice of exemption:
_________________________________________________________________
NOTICE OF EXEMPT PROPERTY
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Property belonging to you may have been taken or held in order to
satisfy a claim or judgment which has been asserted or entered
against you. Important legal papers are enclosed.
YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE
CAREFULLY.
State and federal law say certain property may not be taken.
Some of the property which may not be taken is listed below.
(1) Wages or a salary as described in ORS 23.175 and 23.185
(whichever of the following amounts is more: (a) 75 percent of
your take-home wages; (b) For wages payable before June 30, 1992,
$150; (c) For wages payable before June 30, 1993, $160; or (d)
For wages payable on or after July 1, 1993, $170).
(2) Social security (including SSI).
(3) Public assistance (welfare).
(4) Unemployment benefits.
(5) Disability benefits.
(6) Workers' compensation benefits.
(7) Exempt wages, social security, welfare, unemployment
benefits and disability benefits when placed in a checking or
savings account (up to $7,500).
(8) Spousal support, child support, or separate maintenance to
the extent reasonably necessary for your support or the support
of any of your dependents.
(9) A homestead (home, farm, manufactured dwelling, houseboat)
if you live in it, to the value of $20,000 ($23,000 for a
manufactured dwelling with land included; $25,000 for any other
homestead with land included) or proceeds from its sale for one
(1) year.
(10) Household goods, furniture, radios, a television set and
utensils to $3,000.
*(11) Automobile, truck, trailer or other vehicle to $1,700.
Enrolled House Bill 2509 (HB 2509-B) Page 11
*(12) Tools, implements, apparatus, team, harness or library
necessary to carry on your occupation to $3,000.
*(13) Books, pictures and musical instruments to $600.
*(14) Wearing apparel, jewelry and other personal items to
$1,800.
(15) Domestic animals and poultry for family use to $1,000 and
their food for 60 days.
(16) Provisions (food) and fuel for your family for 60 days.
(17) One rifle or shotgun and one pistol. The combined value of
all firearms claimed as exempt may not exceed $1,000.
(18) Public or private pensions.
(19) Veterans benefits and loans.
(20) Medical assistance benefits.
(21) Health insurance proceeds and disability proceeds of life
insurance policies.
(22) Cash surrender value of life insurance policies not
payable to your estate.
(23) Federal annuities.
(24) Other annuities to $250 per month, excess over $250 per
month subject to same exemption as wage.
(25) Professionally prescribed health aids for you or any of
your dependents.
*(26) A tax refund allowed pursuant to ORS 310.635 or 310.640
as set forth in ORS 310.637.
*(27) Your right to receive, or property traceable to:
*(a) An award under any crime victim reparation law.
*(b) A payment { + or payments + }, not exceeding
{ - $7,500 - } { + a total of $10,000 + }, on account of
personal bodily injury { - , not including pain and suffering or
compensation for actual pecuniary loss, of - } { + suffered
by + } you or an individual of whom you are a dependent.
*(c) A payment in compensation of loss of future earnings of
you or an individual of whom you are or were a dependent, to the
extent reasonably necessary for your support and the support of
any of your dependents.
(28) Interest in personal property to the value of $400, but
this cannot be used to increase the amount of any other
exemption.
(29) The difference between what you actually owe the creditor
and the total amount due listed in the writ of garnishment, if
the amount listed in the writ is larger.
_________________________________________________________________
Note: If two or more people in your household owe the claim or
judgment, each of them may claim the exemptions marked by *.
_________________________________________________________________
You must act promptly if you want to get your money or property
back. You may seek to reclaim your exempt property by doing the
following:
(1) Fill out the form for claim of exemption that you received
with this notice.
(2) Mail or deliver the form for claim { + of + } exemption to
the clerk of the court at the address shown on the writ of
garnishment. If the writ of garnishment is a writ of continuing
garnishment, you must mail or deliver the form within 120 days
after you receive this notice. If the writ of garnishment is not
a writ of continuing garnishment, you must mail or deliver the
form within 30 days after you receive this notice.
(3) Although (2) above allows you to claim an exemption, the
law only requires the creditor to hold the money or property for
10 days before applying it to the creditor's use. You may be able
Enrolled House Bill 2509 (HB 2509-B) Page 12
to keep the property from being used by the creditor before being
allowed a hearing by promptly following (1) and (2) above.
______
You should be prepared to explain your exemption in court. If
you have any questions, you should see an attorney.
IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBJECT TO
PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE A FINE.
Penalties you could be subject to are listed in ORS 29.142.
When you file this claim of exemption, the garnishee and
Creditor will be required to pay any debt or obligation they hold
into court. They are subject to penalties if they do not. For a
more complete explanation of their responsibilities, see ORS
29.142.
_________________________________________________________________
(2) The claim of exemption form referred to in subsection (1)
of this section, ORS 29.142 and 29.215 shall be in substantially
the following form:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
)CLAIM OF EXEMPTION
Plaintiff )Case No._____
vs. )
______
)
______
)
Defendant )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I/We claim the following described property or money as exempt
from execution:
_________________________________________________________________
_________________________________________________________________
I/We believe this property is exempt because:
_________________________________________________________________
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name______
Name______
Signature____
Signature____
Address_____
Address_____
________
________
Enrolled House Bill 2509 (HB 2509-B) Page 13
Telephone Telephone
Number_____
Number_____
(Required) (Required)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + NOTE: + } Conforms language in notice to reflect
amendment of ORS 23.160 by section 1, chapter 289, Oregon Laws
1995.
SECTION 18. ORS 29.415 is amended to read:
29.415. This section establishes a form for a writ of
continuing garnishment described in ORS 29.401 to 29.415 and
issued by an attorney as described in ORS 29.137 and 29.139. A
writ of continuing garnishment issued by an attorney shall be in
substantially the following form:
_________________________________________________________________
(This form is for continuing garnishments issued under ORS
29.137, 29.138 and 29.401 to 29.415.)
THIS IS A WRIT OF CONTINUING
GARNISHMENT
IN THE______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, Plaintiff, )WRIT OF
)CONTINUING
)GARNISHMENT
vs. )ISSUED BY
)ATTORNEY
)Case No.___
____
, Defendant. )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE NAME OF THE STATE OF OREGON, TO: _________,
You are now a Garnishee.
AS A GARNISHEE, YOU NEED TO KNOW THE FOLLOWING (The following
information is to be filled in by the Creditor.):
On the __ day of _____, 19__, (cross out one)
plaintiff/defendant ________, named above and called 'Creditor, '
obtained a judgment (a court order for the payment of money)
against the (cross one out) plaintiff/defendant ________, named
above and called 'Debtor.' The Debtor's Social Security Number or
Employer Identification Number is ______ (insert if known). The
following amount is necessary to satisfy the Creditor's judgment:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
Enrolled House Bill 2509 (HB 2509-B) Page 14
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
+Judgment Debt $____
+Prejudgment Interest$____
+Attorney Fees $____
+Cost Bill $____
+Post-Judgment Intere$t___
_
+Delivery Fee for thi$_Writ
___
+Sheriff's Fees other
than Delivery Fees $____
+Other (Explain. Attach
additional sheets
if necessary. NOTE: INSERTING ITEMS AND
AMOUNTS NOT LAWFULLY SUBJECT TO
COLLECTION BY GARNISHMENT MAY
RESULT IN LIABILITY FOR WRONGFUL
EXECUTION.)
_____
$____
_____
$____
_____
$____
_____
$____
Total other from
additional sheet
(if used) $____
+Past Writ Issuance F$es__
__
+Past Delivery Fees $____
+Transcript and Filing
Fees for other coun$ies_
___
=Subtotal $____
LESS Payments Made $(____
)
=TOTAL Amount Required to
Satisfy in Full this
Judgment $____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THE CLERK OF THE COURT HAS NOT CALCULATED ANY AMOUNTS ON THE
WRIT AND IS NOT LIABLE FOR ERRORS MADE IN THE WRIT BY THE
CREDITOR.
* * *
I certify that I have read the Writ of Garnishment; and to the
best of my knowledge, information and belief, there is good
ground to support it and all sums included above are lawfully
subject to collection by this garnishment.
__________________
Creditor's Attorney
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
__________
_______
Enrolled House Bill 2509 (HB 2509-B) Page 15
Address Telephone Number
_____________
Oregon State Bar Number
_____________
Date of Issuance
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
* * *
GARNISHEE'S DUTIES
YOU MUST ANSWER THIS WRIT BY COMPLETING AND FILING A
CERTIFICATE OF GARNISHEE WHETHER OR NOT YOU OWE ANY WAGES TO THE
DEBTOR.
IF YOU FAIL TO ANSWER THIS WRIT, OR IF YOU ANSWER IT UN-
TRUTHFULLY, OR IF YOU FAIL TO DELIVER THE WAGES WHEN REQUIRED TO
DO SO, YOU MAY BE SUBJECT TO COURT PROCEEDINGS UNDER ORS 29.285
AND MAY BE HELD LIABLE TO THE CREDITOR FOR THE LESSER OF:
(A) THE TOTAL AMOUNT CLAIMED IN THIS WRIT, OR
(B) THE AMOUNT YOU OWE THE DEBTOR.
NOTE: YOU MAY NOT LAWFULLY DISCHARGE THE DEBTOR FROM EMPLOYMENT
AS A RESULT OF THIS GARNISHMENT.
As Garnishee, you must take the following steps:
STEP 1. COMPLETE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving the writ, you must fill out and
file the forms below called 'Certificate of Garnishee' and, if
you pay wages (see schedule form), the 'Earnings Exemption
Computation Schedule.' In filling out the form, you must describe
any garnished wages you know you have in your possession. This
writ garnishes only wages you owe to the Debtor as of the date
you received this writ, including debts that existed but were not
yet due when you received this writ and wages that accrue on or
before 90 days after the date this writ is issued. You file these
forms by following Step 2 below.
If you receive a subsequent Writ of Garnishment while another
Writ of Garnishment is in effect, you should check the
appropriate space in the Certificate of Garnishee and file the
certificate as provided in Step 2.
If you have questions, you should contact an attorney. The
clerk of the court cannot give you legal advice.
If the writ does not comply with Oregon law or if you cannot
tell from the writ whether you owe any wages to the Debtor, the
writ does not garnish anything, but you must fill out the
certificate anyway and follow Step 2. Keep a copy for your
records.
If you discover before you send your certificate under Step 2
that a voluntary or involuntary bankruptcy petition has been
filed by or on behalf of the Debtor under section 301, 302 or 303
of the United States Bankruptcy Code (11 U.S.C. ss 101 to 1330),
you must describe in your certificate any garnished property or
debts that you know that you have in your possession, and note on
the certificate that a bankruptcy petition has been filed.
If the writ does comply with Oregon law and you can tell that
you may owe wages to the Debtor but you are not sure what or how
much, you must fill out the certificate anyway and explain why.
You must then follow Step 2. When you find out whether or what
you do owe the Debtor, you should amend the certificate, even if
you find out you do not owe the Debtor anything. Follow Step 2
again and file the amended certificate.
After filing the certificate under Step 2, go on to Step 3 if
you owe any wages to the Debtor.
Enrolled House Bill 2509 (HB 2509-B) Page 16
STEP 2. FILE THE CERTIFICATE AND SCHEDULE.
Within five days of receiving this writ, you must send all of
the following (information to be filled in by Creditor):
A copy of the certificate and schedule form to the Creditor at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State _____
Zip Code ____
Telephone number _____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
The original certificate and schedule form to the clerk of the
(cross one out) district/circuit court of ______ County at:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Street address __________
City _____
County _____
State _____
Zip Code ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
A copy of the certificate and schedule form to the Debtor at
(last known address):
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Name _____________
Street address __________
City _____
State _____
Zip Code ____
Telephone number (if known) ____
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
STEP 3. DELIVER THE FUNDS.
Unless you have discovered that a bankruptcy petition has been
filed by or on behalf of the Debtor and your certificate contains
a statement to that effect, you must do the following after you
file the certificate under Step 2 if you owe wages to the Debtor
or will owe wages to the Debtor within 90 days after this writ is
issued. If you owe wages payable in money that are due now or
will accrue within 90 days after this writ is issued, unless you
Enrolled House Bill 2509 (HB 2509-B) Page 17
receive a notice of claim of exemption (a document or other
notice from the clerk of the court informing you that the Debtor
is claiming that all or some of the money cannot be garnished),
when you send your certificate, at the end of each pay period
within the 90-day period and at the end of the 90-day period,
make your check or other draft payable to the Creditor and send
the payment directly to the Creditor at the address shown in Step
2.
In making payments under this writ, you need to prorate any
wages or periodic payments, so that you pay only the amount you
owe the Debtor on the date you receive this writ, at the end of
each pay period within the 90-day period and at the end of the
90-day period.
If you receive a notice of claim of exemption from the court
and have not yet forwarded the money, send or deliver the payment
directly to the clerk of the court. You must send the payment
promptly with the Certificate of Garnishee if it is now due;
otherwise, send it at the end of each pay period within the
90-day period and at the end of the 90-day period and send the
Certificate of Garnishee as required under Step 2. If you make
payment by check or other draft, make it payable to the court.
Because you may be liable for money that does not reach the
court, it is better not to send cash by mail.
_________________________________________________________________
EARNINGS EXEMPTION
COMPUTATION SCHEDULE
The Garnishee must complete the following form and fill in the
correct amounts only if the Garnishee is an employer of the
Debtor under ORS 23.175.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
1. Debtor's gross weekly
'
earnings'
..............$___
2. Amounts required to be
withheld by law
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
(Federal and state
withholding, social
security, etc.)$___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
3. Debtor's '
disposable
earnings'
for week -
Enrolled House Bill 2509 (HB 2509-B) Page 18
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 2
from line 1... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
4. Minimum Exemption
(a) For wages payable
before June 30, $150
(b) For wages payable
before June 30, $160
(c) For wages payable
on or after July$1701993
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
5. Maximum Exemption -
Enter 75 percent
of line 3......... $___
6. Earnings exempt
from garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Line 4 or 5,
whichever is
greater....... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
7. Nonexempt earnings -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 6
from line 3... $___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 19
8. Amounts withheld pursuant to
a support order under
support withholding
process available under
prior law or { -
chapter 798, - }
{ -
Oregon Laws 1993 - }
{ +
ORS chapter 25 + }
..............$___
9. Earnings subject
to garnishment -
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Subtract line 8
from line 7... $___
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(Case caption to be completed by Creditor)
IN THE______
COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF_____
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, Plaintiff, )
)CERTIFICATE OF
vs. )CONTINUING
) GARNISHEE
)Case No.___
____
, Defendant. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO: The Clerk of Court, Creditor's Attorney and Debtor
(Following to be completed by Garnishee)
State of ______
County of ______
I hereby certify that at the time of delivery to me of the
foregoing Writ of Garnishment on the __ day of ____, 19__, I had
in my possession, control or custody only the following wages due
or to become due, belonging or owing to the Debtor named in the
Writ of Garnishment (include due date if not yet due):
Enrolled House Bill 2509 (HB 2509-B) Page 20
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
I have placed a check in front of all the following statements
that apply (more than one may apply):
_ I do not owe wages to the Debtor.
_ The Writ of Garnishment does not comply on its face with
Oregon garnishment law or I am unable to determine from the
information in the writ whether I owe wages to the Debtor.
(Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_ I have discovered that a voluntary or involuntary bankruptcy
petition has been filed by or on behalf of the Debtor.
_ The writ does comply with Oregon law and I am able to
determine that I may owe wages to the Debtor, but I am not
sure what or how much it might be. I will file an amended
certificate when I find out. (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_ I have been served with a previous Writ of Garnishment
against the wages I owe or will owe to the Debtor. Under
Oregon law, the previous garnishment has priority. It is
expected to terminate on ____.
_ I will owe wages to the Debtor, which are not now due but
will become due within 90 days from the date of the issuance
of the writ of continuing garnishment. I will forward the
money when the debt or other obligation becomes due.
_ I owe wages to the Debtor which are now due and I am
forwarding the money owed or enough of it to satisfy the
garnishment to the Creditor.
_ I have received a notice of claim of exemption and am
forwarding funds to the clerk of court.
_ Other (Explain)
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Dated __, 19_
________
Name of Garnishee
________
Signature
________
Address
(Statutes affecting Garnishee responses include ORS 29.139,
29.142, 29.195, 29.235, 29.245, 29.255, 29.275, 29.285, 29.305
and 29.405.)
_________________________________________________________________
{ + NOTE: + } Corrects reference to support enforcement in
item 8 of computation schedule.
SECTION 19. ORS 30.950 is amended to read:
30.950. No licensee, permittee or social host is liable for
damages incurred or caused by intoxicated patrons or guests off
{ + the premises of + } the licensee, permittee or social
{ - host's premises - } { + host + } unless:
Enrolled House Bill 2509 (HB 2509-B) Page 21
(1) The licensee, permittee or social host has served or
provided { - the patron - } alcoholic beverages to the patron
or guest while the patron or guest was visibly intoxicated; and
(2) The plaintiff proves by clear and convincing evidence that
the patron or guest was served alcoholic beverages while visibly
intoxicated.
{ + NOTE: + } Corrects syntax.
SECTION 20. ORS 40.210 is amended to read:
40.210. (1) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427, or
in a prosecution for an attempt to commit such a crime,
reputation or opinion evidence of the past sexual behavior of an
alleged victim of such crime is not admissible.
(2) Notwithstanding any other provision of law, in a
prosecution for a crime described in ORS 163.355 to 163.427, or
in a prosecution for an attempt to commit such a crime, evidence
of a victim's past sexual behavior other than reputation or
opinion evidence is also not admissible, unless such evidence
other than reputation or opinion evidence { - is - } :
(a) { + Is + } admitted in accordance with subsection (3)(a)
and (b) of this section; and
(b) Is evidence that:
(A) Relates to the motive or bias of the alleged victim; or
(B) Is necessary to rebut or explain scientific or medical
evidence offered by the state; or
(C) Is otherwise constitutionally required to be admitted.
(3)(a) If the person accused of committing rape, sodomy or
sexual abuse or attempted rape, sodomy or sexual abuse intends to
offer under subsection (2) of this section evidence of specific
instances of the alleged victim's past sexual behavior, the
accused shall make a written motion to offer such evidence not
later than 15 days before the date on which the trial in which
such evidence is to be offered is scheduled to begin, except that
the court may allow the motion to be made at a later date,
including during trial, if the court determines either that the
evidence is newly discovered and could not have been obtained
earlier through the exercise of due diligence or that the issue
to which such evidence relates has newly arisen in the case. Any
motion made under this paragraph shall be served on all other
parties, and on the alleged victim through the office of the
prosecutor.
(b) The motion described in paragraph (a) of this subsection
shall be accompanied by a written offer of proof. If the court
determines that the offer of proof contains evidence described in
subsection (2) of this section, the court shall order a hearing
in camera to determine if such evidence is admissible. At such
hearing the parties may call witnesses, including the alleged
victim, and offer relevant evidence. Notwithstanding ORS 40.030
(2), if the relevancy of the evidence { - which - }
{ + that + } the accused seeks to offer in the trial depends
upon the fulfillment of a condition of fact, the court, at the
hearing in camera or at a subsequent hearing in camera scheduled
for such purpose, shall accept evidence on the issue of whether
such condition of fact is fulfilled and shall determine such
issue.
(c) If the court determines on the basis of the hearing
described in paragraph (b) of this subsection that the evidence
{ - which - } the accused seeks to offer is relevant and that
the probative value of such evidence outweighs the danger of
unfair prejudice, such evidence shall be admissible in the trial
to the extent an order made by the court specifies evidence
Enrolled House Bill 2509 (HB 2509-B) Page 22
{ - which - } { + that + } may be offered and areas with
respect to which the alleged victim may be examined or
cross-examined. An order admitting evidence under this subsection
may be appealed by the government before trial.
(4) For purposes of this section:
(a) 'In camera' means out of the presence of the public and the
jury; and
(b) 'Past sexual behavior' means sexual behavior other than the
sexual behavior with respect to which rape, sodomy or sexual
abuse or attempted rape, sodomy or sexual abuse is alleged.
{ + NOTE: + } Corrects syntax and grammar.
SECTION 21. ORS 44.320 is amended to read:
44.320. Every court, judge, clerk of a court, justice of the
peace, certified shorthand reporter { + as defined in ORS
8.415 + } or notary public is authorized to take testimony in any
action or proceeding, as are other persons in particular cases
authorized by statute or the Oregon Rules of Civil Procedure and
is authorized to administer oaths and affirmations generally, and
every such other person in the particular case authorized.
{ + NOTE: + } Clarifies definition of term.
SECTION 22. { + Section 50, chapter 658, Oregon Laws 1995
(amending ORS 46.465), is repealed.
NOTE: + } Repeals housekeeping amendments in 1995 Act that
conflict with substantive amendments in other 1995 Act.
SECTION 23. ORS 59.025 is amended to read:
59.025. The following securities are exempt from ORS 59.055:
(1)(a) A security issued or guaranteed by the United States or
by a state, a political subdivision of a state or an agency or
other instrumentality of any of the foregoing.
(b) Any other security offered in connection with or as part of
the security set forth in paragraph (a) of this subsection if the
security cannot be severed and sold separately from the security
in paragraph (a) of this subsection.
(2) A security issued or guaranteed by a foreign government
with which the United States is at the time of the sale
maintaining diplomatic relations, or by a state, province or
political subdivision thereof having the power of taxation or
assessment, if the security is recognized as a valid obligation
by such foreign government or state, province or political
subdivision thereof.
(3) A security that represents an interest in or a direct
obligation of or is guaranteed by a national bank, federal
savings and loan association, federal credit union or federal
land bank or joint stock land bank or national farm loan
association.
(4) Any of the following securities:
(a) A security listed or approved for listing upon notice of
issuance on the New York Stock Exchange, the American Stock
Exchange, the Midwest Stock Exchange, the Pacific Stock Exchange
or any other exchange recognized by rule of the director;
(b) A security designated or approved for designation upon
notice of issuance under the National Association of Securities
Dealers Automated Quotation System, Inc. National Market System;
(c) Any other security of the issuer of a security listed or
designated under paragraph (a) or (b) of this subsection, that is
of senior or substantially equal rank to the listed or designated
security;
(d) A security issuable under rights or warrants listed or
approved under paragraph (a), (b) or (c) of this subsection; or
(e) A warrant or right to purchase or subscribe to any security
referred to in paragraph (a), (b), (c) or (d) of this subsection.
Enrolled House Bill 2509 (HB 2509-B) Page 23
(5) A security maintaining a rating approved by the director in
a recognized securities manual.
(6) A security that represents an interest in or a direct
obligation of and that has been or is to be issued by a bank,
trust company, savings and loan association, or credit union,
that is subject to the examination, supervision and control of a
regulatory agency of this state.
(7) Commercial paper issued, given or acquired in a bona fide
way in the ordinary course of legitimate business, trade or
commerce, when the commercial paper is not made the subject of a
public offering.
(8) A security, the issuance of which is under supervision,
regulation or control by the Public Utility Commission of this
state, if the Public Utility Commission is exercising control
over, or is regulating or supervising, the issuer thereof.
(9) Stock or membership certificates issued by an agricultural
cooperative corporation or irrigation association when the stock
is issued to evidence membership in the cooperative or
association or as a patronage dividend and certificates issued to
members or patrons by such a cooperative or association
evidencing their respective interests in reserves or as patronage
dividends. This exemption shall not apply to any cooperative or
association that expects to engage in or is engaged in the
production, processing or marketing of forest products.
(10) Stock or membership certificates issued by a fishing
cooperative corporation, when the stock or certificates are
issued to members of the cooperative corporation either for the
purpose of showing membership in the cooperative corporation or
for the purpose of showing their respective interests in reserves
or patronage dividends. For purposes of this subsection, a
fishing cooperative corporation is an association of persons
engaged commercially in harvesting, marketing or processing
products of aquatic life from fresh and salt water, that is
formed or operated under ORS chapter 62 with the purpose of
commercially harvesting, marketing or processing such products or
engaging in group bargaining with respect to the sale of such
products.
(11) Stock or membership certificates issued by an association
of consumers formed or operated under ORS chapter 62 with the
purpose of providing groceries to its consumer members, when the
stock or certificates are issued to members either for the
purpose of showing membership in the association or for the
purpose of showing their respective interests in patronage
dividends or reserves. For purposes of the exemption under this
subsection:
(a) The price of stock or a membership certificate may not
exceed $300.
(b) The benefits shall be limited to discounts on purchases or
patronage dividends, or any combination of such discounts and
dividends.
(c) The association may issue only one stock or membership
certificate to an individual.
(12) Any security issued in connection with an employee's stock
purchase, savings, pension, profit sharing or similar employee's
benefit plan, provided:
(a) That the plan meets the requirements for qualification
under section 401 of the Internal Revenue Code of 1986; and
(b) That the terms of the plan are fair, just and equitable to
employees under rules of the director.
(13) Any security issued by a person:
Enrolled House Bill 2509 (HB 2509-B) Page 24
(a) Organized and operated exclusively for religious,
educational, benevolent, fraternal, charitable or reformatory
purpose and not for pecuniary profit, and no part of the net
earnings of which inures to the benefit of any person, private
stockholder, or individual; and
(b) Designated by rule of the director.
(14)(a) Any security issued by an issuer registered as an
open-end management investment company or unit investment trust
under Section 8 of the Investment Company Act of 1940 (15 U.S.C.
80a-8) { + , as amended, + } if:
(A)(i) The issuer is advised by an investment adviser that is a
depository institution exempt from registration under the
Investment Advisers Act of 1940 (15 U.S.C. 80a-1 et seq.) or that
is currently registered, as an investment adviser, and has been
registered, or is affiliated with an adviser that has been
registered as an investment adviser under the Investment Advisers
Act of 1940 (15 U.S.C. 80b-3) for at least three years next
preceding an offer or sale of a security claimed to be exempt
under this subsection and the issuer has acted, or is affiliated
with an investment adviser that has acted, as an investment
adviser to one or more registered investment companies or unit
investment trusts for at least three years next preceding an
offer or sale of a security claimed to be exempt under this
paragraph; or
(ii) The issuer has a sponsor that has at all times throughout
the three years next preceding an offer or sale of a security
claimed to be exempt under this paragraph, sponsored one or more
registered investment companies or unit investment trusts the
aggregate total assets of which have exceeded $100 million; and
(B) The director has received prior to any sale exempted under
this subsection:
(i) Notice of intention to sell setting forth the name and
address of the issuer and the securities to be offered in this
state; and
(ii) A fee of $350 for open-end management companies or a fee
of $150 for unit investment trusts.
(b) An exemption under this subsection does not grant an
exemption from licensing for salespersons under ORS 59.015
(16)(b)(A).
(c) In the event any offer or sale is to be made more than 12
months after the date notice under paragraph (a)(B) of this
subsection is received by the director, another notice and
payment of the applicable fee shall be required.
(d) For purposes of this subsection, an investment adviser is
affiliated with another investment adviser if the investment
advisory controls, is controlled by, or is under common control
with the other investment adviser.
(15) Any other security exempted by rule of the director.
{ + NOTE: + } Clarifies reference to federal law in (14)(a).
SECTION 24. ORS 60.201 is amended to read:
60.201. (1) Except as provided in subsection (4) of this
section, a corporation shall hold an annual meeting of the
shareholders at a time stated in or fixed in accordance with the
bylaws.
(2) Annual shareholders' meetings may be held in or out of this
state at the place stated in or fixed in accordance with the
bylaws. If no place is stated in or fixed in accordance with the
bylaws, annual meetings shall be held at the corporation's
principal office.
Enrolled House Bill 2509 (HB 2509-B) Page 25
(3) The failure to hold an annual meeting at the time stated in
or fixed in accordance with a corporation's bylaws does not
affect the validity of any corporate action.
(4) If the articles of incorporation or bylaws of a corporation
registered under the Investment Company Act of 1940 { + , as
amended, + } so provide, the corporation shall not be required to
hold an annual meeting in any year in which an election of
directors is not required under the Investment Company Act of
1940 { + , as amended + }.
{ + NOTE: + } Clarifies references to federal law.
SECTION 25. ORS 60.434 is amended to read:
60.434. Unless the articles of incorporation provide otherwise,
a corporation's board of directors may adopt one or more
amendments to the corporation's articles of incorporation without
shareholder action to:
(1) Extend the duration of the corporation if it was
incorporated at a time when limited duration was required by law;
(2) Delete the names and addresses of the initial directors;
(3) Delete the name and address of the initial registered agent
or registered office, if a statement of change is on file with
the office of the Secretary of State;
(4) Delete the mailing address if an annual report has been
filed with the office of the Secretary of State;
(5) Change the corporate name by substituting the word '
corporation,' 'incorporated,' 'company,' 'limited,' or the
abbreviation 'corp.,' 'inc.,' 'co.' or 'ltd.,' for a similar word
or abbreviation in the name, or by adding, deleting or changing a
geographical attribution for the name;
(6) In the case of a corporation registered as an open-end
investment company under the Investment Company Act of 1940,
{ + as amended, + } increase or decrease the number of shares
the corporation is authorized to issue; or
(7) Make any other change expressly permitted by this chapter
to be made without shareholder action.
{ + NOTE: + } Clarifies reference to federal law.
SECTION 26. ORS 65.957 is amended to read:
65.957. (1) This chapter applies to all domestic corporations
in existence on October 3, 1989, that were incorporated under any
general statute of this state providing for incorporation of
nonprofit corporations if power to amend or repeal the statute
under which the corporation was incorporated was reserved.
(2) Without limitation as to any other corporations which may
be outside the scope of subsection (1) of this section, this
chapter does not apply to the following:
(a) The Oregon State Bar and the Oregon State Bar Professional
Liability Fund created under ORS { - chapter 9 - } { + 9.005
to 9.755 + };
(b) The Oregon Resource and Technology Development Corporation
created under ORS chapter 284;
(c) The State Accident Insurance Fund Corporation created under
ORS chapter 656;
(d) The Oregon Insurance Guaranty Association and the Oregon
Life and Health Insurance Guaranty Association created under ORS
chapter 734; and
(e) The Oregon FAIR Plan Association and the Oregon Medical
Insurance Pool created under ORS chapter 735.
(3) A public benefit corporation that has less than three
directors on October 3, 1989, shall comply with ORS 65.307 (1) by
October 3, 1990.
{ + NOTE: + } Amends reference to create uniform series
relating to regulation of practice of law.
Enrolled House Bill 2509 (HB 2509-B) Page 26
SECTION 27. ORS 68.020 is amended to read:
68.020. As used in this chapter:
{ + (1) 'Business' includes every trade, occupation or
profession. + }
{ + (2) 'Conveyance' includes every assignment, lease,
mortgage or encumbrance. + }
{ - (1) - } { + (3) + } 'Court' includes every court and
judge having jurisdiction in the case.
{ - (2) 'Business' includes every trade, occupation or
profession. - }
{ + (4) 'Foreign registered limited liability partnership '
means a registered limited liability partnership formed pursuant
to an agreement governed by the laws of any state or jurisdiction
other than this state and registered as a limited liability
partnership under the laws of that state or jurisdiction. + }
{ + (5) 'Office,' when used to refer to the administrative
unit directed by the Secretary of State, means the office of the
Secretary of State. + }
{ - (3) - } { + (6) + } 'Person' includes individuals,
partnerships, limited liability companies, corporations, trusts,
housing authorities and other associations.
{ - (4) 'Conveyance' includes every assignment, lease,
mortgage or encumbrance. - }
{ + (7) 'Professional' has the meaning set forth in ORS
58.037.
(8) 'Professional service' means the service rendered by a
professional. + }
{ - (5) - } { + (9) + } 'Real property' includes land and
any interest or estate in land.
{ - (6) - } { + (10) + } 'Registered limited liability
partnership' or ' domestic registered limited liability
partnership' means a partnership formed pursuant to an agreement
governed by the laws of this state that is registered under ORS
68.710 and complies with ORS 68.735.
{ - (7) 'Foreign registered limited liability partnership '
means a registered limited liability partnership formed pursuant
to an agreement governed by the laws of any state or jurisdiction
other than this state and registered as a limited liability
partnership under the laws of that state or jurisdiction. - }
{ - (8) 'Office,' when used to refer to the administrative
unit directed by the Secretary of State, means the office of the
Secretary of State. - }
{ - (9) 'Professional' has the meaning set forth in ORS
58.037. - }
{ - (10) 'Professional service' means the service rendered by
a professional. - }
{ + NOTE: + } Conforms section structure to legislative form
and style.
SECTION 28. ORS 68.620 is amended to read:
68.620. In settling accounts between the partners after
dissolution, the following rules shall be observed, subject to
any agreement to the contrary:
(1) The assets of the partnership are:
(a) The partnership property; and
(b) The contributions of the partners specified in subsection
(4) of this section.
(2) The liabilities of the partnership shall rank in order of
payment, as follows:
(a) Those owing to creditors other than partners { + . + }
{ - ; - }
Enrolled House Bill 2509 (HB 2509-B) Page 27
(b) Those owing to partners other than for capital and
profits { + . + } { - ; - }
(c) Those owing to partners in respect of capital { + . + }
{ - ; - }
(d) Those owing to partners in respect to profits.
(3) The assets shall be applied in the order of their
declaration in subsection (1) of this section to the satisfaction
of the liabilities.
(4) Except as provided in ORS 68.270:
(a) The partners shall contribute, as provided by ORS 68.310
(1), the amount necessary to satisfy the liabilities; and
(b) If any, but not all, of the partners are insolvent, or, not
being subject to process, refuse to contribute, the other
partners shall contribute their share of the liabilities, and, in
the relative proportions in which they share the profits, the
additional amount necessary to pay the liabilities.
(5) An assignee for the benefit of creditors or any person
appointed by the court shall have the right to enforce the
contributions specified in subsection (4) of this section.
(6) Any partner or legal representative of the partner shall
have the right to enforce the contributions specified in
subsection (4) of this section, to the extent of the amount which
the partner has paid in excess of the partner's share of the
liability.
(7) The individual property of a deceased partner shall be
liable for the contributions specified in subsection (4) of this
section.
(8) When partnership property and the individual properties of
the partners are in the possession of a court for distribution,
partnership creditors shall have priority on partnership property
and separate creditors on individual property, saving the rights
of lien or secured creditors as heretofore.
(9) Where a partner has become bankrupt or the estate of the
partner is insolvent the claims against the separate property of
the partner shall rank in the following order:
(a) Those owing to separate creditors { + . + } { - ; - }
(b) Those owing to partnership creditors { + . + } { - ; - }
(c) Those owing to partners by way of contribution.
{ + NOTE: + } Corrects punctuation.
SECTION 29. ORS 87.501 is amended to read:
87.501. As used in ORS 87.501 to 87.539, unless the context
requires otherwise:
(1) 'Authorized representative' means a person appointed under
{ - authority of ORS 126.103 or 126.157 - } { + ORS chapter
125 + } as a guardian or conservator of an individual and any
other person holding funds or receiving benefits or income on
behalf of an individual.
(2) 'Care' means all the services rendered in a long term care
facility, including but not limited to medical care, room and
board, nursing care, administrative costs, supplies, equipment
and ancillary services such as therapies.
(3) 'Decedent' means an individual who has died leaving
property that is subject to administration.
(4) 'Decedent's estate' means the real and personal property of
a decedent, as from time to time changed in form by sale,
reinvestment or otherwise, and augmented by any accretions or
additions thereto and substitutions therefor or diminished by any
decreases and distributions therefrom. The term does not include
assets placed in trust for the decedent by other persons.
(5) 'Long term care facility' means facilities licensed as
skilled nursing facilities, as defined in ORS 442.015, and
Enrolled House Bill 2509 (HB 2509-B) Page 28
residential care facilities and adult foster homes licensed under
ORS chapter 443.
(6) 'Personal estate' means all the real and personal property
of a living individual. The term includes real and personal
property held by an authorized representative of an individual
and all real and personal property held by any other person on
behalf of an individual.
(7) 'Personal property' includes any object or item, other than
real property, that by itself is valued at more than $2,000 and
for which a certificate of title is required by the laws of this
state.
{ + NOTE: + } Corrects reference.
SECTION 30. ORS 90.260 is amended to read:
90.260. (1) A landlord may impose a late charge or fee, only
if:
(a) The rent payment is not received by the fourth day of the
weekly or monthly rental period for which rent is payable; and
(b) There exists a written rental agreement that specifies:
(A) The tenant's obligation to pay a late charge on delinquent
rent payments;
(B) The type and amount of the late charge, as described in
subsection (2) of this section; and
(C) The date on which rent payments are due and the date or day
on which late charges become due.
(2) The amount of any late charge shall not exceed:
(a) A reasonable flat amount, charged once per rental period.
' Reasonable amount' means the customary amount charged by
landlords for that rental market;
(b) A reasonable amount, charged on a per-day basis, beginning
on the fifth day of the rental period for which rent is
delinquent. This daily charge may accrue every day thereafter
until the rent, not including any late charge, is paid in full,
through that rental period only. The per-day charge may not
exceed six percent of the amount described in paragraph (a) of
this subsection; or
(c) Five percent of the periodic rent payment amount, charged
once for each succeeding five-day period, or portion thereof, for
which the rent payment is delinquent, beginning on the fifth day
of that rental period and continuing and accumulating until that
rent payment, not including any late charge, is paid in full,
through that rental period only.
(3) In periodic tenancies, a landlord may change the type or
amount of late charge by giving 30 days' written notice to the
tenant.
(4) A landlord shall not deduct a previously imposed late
charge from a current or subsequent rental period rent payment,
thereby making that rent payment delinquent for imposition of a
new or additional late charge or for termination of the tenancy
for nonpayment pursuant to ORS 90.400 (2).
(5) A landlord may charge simple interest on an unpaid late
charge at the rate allowed for judgments pursuant to ORS 82.010
(2) and accruing from the date the late charge is imposed.
(6) Nonpayment of a late charge alone shall not constitute
grounds for eviction for nonpayment of rent pursuant to ORS
90.400 (2). Nonpayment of a late charge alone shall constitute
grounds for eviction pursuant to ORS 90.400 (1) { - and - }
{ + or + } 90.630. A landlord may note the imposition of a late
charge on a notice of nonpayment of rent pursuant to ORS 90.400
(2), so long as the notice states or otherwise makes clear that
the tenant may cure the nonpayment notice by paying only the
Enrolled House Bill 2509 (HB 2509-B) Page 29
delinquent rent, not including any late charge, within the
allotted time.
{ + NOTE: + } Corrects word choice in (6).
SECTION 31. ORS 90.310 is amended to read:
90.310. (1) If at the time of the execution of a rental
agreement for a dwelling unit in premises containing no more than
four dwelling units the premises are subject to { + any of the
following circumstances, the landlord shall disclose that
circumstance to the tenant in writing before the execution of the
rental agreement + }:
(a) Any outstanding notice of default under a trust deed,
mortgage or contract of sale, or notice of trustee's sale under a
trust deed;
(b) Any pending suit to foreclose a mortgage, trust deed or
vendor's lien under a contract of sale;
(c) Any pending declaration of forfeiture or suit for specific
performance of a contract of sale; or
(d) Any pending proceeding to foreclose a tax lien { + . + }
{ - ; - }
{ - the landlord shall disclose that circumstance to the tenant
in writing before the execution of the rental agreement. - }
(2) If the tenant moves as a result of a circumstance
{ - which - } { + that + } the landlord failed to disclose as
required by subsection (1) of this section, the tenant may
recover twice the actual damages or twice the monthly rent,
whichever is greater, and all prepaid rent, in addition to any
other remedy { - which - } { + that + } the law may provide.
(3) This section shall not apply to premises managed by a court
appointed receiver.
(4) A manager who has complied with ORS 90.305 shall not be
liable for damages under this section if the manager had no
knowledge of the circumstances { - which - } { + that + }
gave rise to a duty of disclosure under subsection (1) of this
section.
{ + NOTE: + } Conforms section structure to legislative form
and style; corrects grammar.
SECTION 32. ORS 90.320 is amended to read:
90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes
of this section, a dwelling unit shall be considered
{ - uninhabitable - } { + unhabitable + } if it substantially
lacks:
(a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
(b) Plumbing facilities which conform to applicable law in
effect at the time of installation, and maintained in good
working order;
(c) A water supply approved under applicable law, which is:
(A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
(B) Furnished to appropriate fixtures;
(C) Connected to a sewage disposal system approved under
applicable law; and
(D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be
controlled by the landlord;
(d) Adequate heating facilities which conform to applicable law
at the time of installation and maintained in good working order;
Enrolled House Bill 2509 (HB 2509-B) Page 30
(e) Electrical lighting with wiring and electrical equipment
which conform to applicable law at the time of installation and
maintained in good working order;
(f) Building, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, and all areas under control of the landlord
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
(g)(A) In a city with a population of fewer than 250,000
people, an adequate number of appropriate receptacles for garbage
and rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall
provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal unless the parties by
written agreement provide otherwise; or
(B) In a city with a population of more than 250,000 people, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and thereafter the landlord
shall be responsible for providing appropriate receptacles, and
where individual container service is provided for the service
and removal at least once a week of containers, including
recycling containers, that allow for 30 cumulative gallons of
accumulation a week;
(h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
(i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord;
(j) Safety from the hazards of fire, including a working smoke
detector, with working batteries provided only at the beginning
of any new tenancy when the tenant first takes possession of the
premises, as provided in ORS 479.270, but not to include the
tenant's testing of the smoke detector as provided in ORS 90.325
(6); or
(k) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which
access may be had to that portion of the premises which the
tenant is entitled under the rental agreement to occupy to the
exclusion of others and keys for such locks which require keys.
(2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
(a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
(b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
(c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
(3) Any provisions of this section that reasonably apply only
to a structure that is used as a home, residence or sleeping
place shall not apply to a manufactured dwelling, recreational
vehicle, residential vehicle or floating home where the tenant
owns the manufactured dwelling, recreational vehicle, residential
vehicle or floating home but rents the space.
Enrolled House Bill 2509 (HB 2509-B) Page 31
{ + NOTE: + } Makes terminology in (1) parallel to existing
language.
SECTION 33. ORS 90.770 is amended to read:
90.770. The { - agency - } { + Housing and Community
Services Department + } shall establish procedures to maintain
the confidentiality of the information pertaining to individual
tenants of facilities. These procedures shall meet the following
requirements:
(1) The { - agency or designee of the agency - }
{ + department + } shall not disclose, except to state agencies,
the identity of any tenant unless the complainant or the tenant,
or the legal representative of either, consents in writing to the
disclosure and specifies to whom the disclosure may be made.
(2) The identity of any complainant or tenant on whose behalf a
complaint is made, or individual providing information on behalf
of the tenant or complainant, shall be confidential. If the
complaint becomes the subject of judicial proceedings, the
investigative information held by the { - agency - }
{ + department + } shall be disclosed for the purpose of the
proceedings if requested by the court.
{ + NOTE: + } Corrects reference to state agency.
SECTION 34. ORS 97.740 is amended to read:
97.740. For the purposes of ORS 97.740 to 97.760 { - and
97.990 (5) - } :
(1) 'Burial' has the meaning given that term in ORS 358.905.
(2) 'Funerary object' has the meaning given that term in ORS
358.905.
(3) 'Human remains' has the meaning given that term in ORS
358.905.
(4) 'Indian tribe' means any tribe of Indians recognized by the
Secretary of the Interior or listed in the Klamath Termination
Act, 25 U.S.C. 3564 et seq., or listed in the Western Oregon
Indian Termination Act, 25 U.S.C. 3691 et seq., if the
traditional cultural area of the tribe includes Oregon lands.
(5) 'Object of cultural patrimony' has the meaning given that
term in ORS 358.905.
(6) 'Professional archaeologist' means a person who has
extensive formal training and experience in systematic,
scientific archaeology.
(7) 'Sacred object' has the meaning given that term in ORS
358.905.
{ + NOTE: + } Deletes incorrect reference.
SECTION 35. { + Notwithstanding any other provision of law,
ORS 97.966 and 97.968 shall not be considered to have been added
to or made a part of ORS 97.110 to 97.450 for the purpose of
statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that series. + }
{ + NOTE: + } Removes sections from inappropriate series.
SECTION 36. ORS 107.106 is amended to read:
107.106. (1) An order or judgment providing for the custody,
visitation or support of a child under ORS chapter 25, 107, 108
or 109 or ORS { - 110.005 to 110.291, - } 110.300 to 110.441,
124.005 to 124.040, 419B.400 or 419C.590 shall include:
(a) Provisions addressing the issues of:
(A) Payment of uninsured medical expenses of the child;
(B) Maintenance of insurance or other security for support; and
(C) Maintenance of health insurance for the child.
(b) A statement in substantially the following form:
_________________________________________________________________
Oregon law recognizes that child support and visitation terms
Enrolled House Bill 2509 (HB 2509-B) Page 32
are designed for the child's benefit. A parent ordered to pay
support must comply with those child support orders even if the
parent is not receiving the parenting time with the child that
the court allowed. Similarly, a parent with whom a child lives
must comply with visitation orders even if the parent is not
receiving the ordered child support.
Violation of child support orders and visitation orders is
punishable as contempt of court.
Publicly funded help is available to establish, enforce and
modify child support orders. Paternity establishment services are
also available. Contact your local district attorney or the
Department of Human Resources at ______ for information.
_________________________________________________________________
(2) The court or hearings officer shall ensure the creation and
filing of an order or judgment that complies with this section.
(3) This section does not apply to an action undertaken by the
Support Enforcement Division of the Department of Justice or a
district attorney under ORS 25.080.
{ + NOTE: + } Deletes reference to repealed series.
SECTION 37. ORS 109.015 is amended to read:
109.015. If public assistance, as defined in ORS 416.400, is
provided for any dependent child, the Department of Human
Resources may initiate proceedings under ORS chapter 23, 107,
108, 109 or { - 126 - } { + 125 + } or ORS 25.010 to 25.243,
25.311, 25.314, 110.300 to 110.441, 124.005 to 124.040, 416.400
to 416.470, 419B.400 or 419C.590 to obtain support for such child
from either or both parents or from any other person legally
responsible for the support of the child, including a guardian or
conservator. In any proceeding under any statute cited in this
section, the obligee is a party.
{ + NOTE: + } Corrects chapter reference.
SECTION 38. ORS 109.675 is amended to read:
109.675. (1) A minor 14 years of age or older may obtain,
without parental knowledge or consent, outpatient diagnosis or
treatment of a mental or emotional disorder or a chemical
dependency, excluding methadone maintenance, by a physician
licensed by the Board of Medical Examiners for the State of
Oregon, a psychologist licensed by the State Board of
Psychologist Examiners, a nurse practitioner registered by the
Oregon State Board of Nursing { + , + } { - or - } a clinical
social worker licensed by the State Board of Clinical Social
Workers or a community mental health and developmental
disabilities program established and operated pursuant to ORS
430.620 when approved to do so by the Mental Health and
Developmental Disability Services Division pursuant to rule.
(2) However, the person providing treatment shall have the
parents of the minor involved before the end of treatment unless
the parents refuse or unless there are clear clinical indications
to the contrary, which shall be documented in the treatment
record. The provisions of this subsection do not apply to:
(a) A minor who has been sexually abused by a parent; or
(b) An emancipated minor, whether emancipated under the
provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or,
for the purpose of this section only, emancipated by virtue of
having lived apart from the parents or legal guardian while being
self-sustaining for a period of 90 days prior to obtaining
treatment as provided by this section.
{ + NOTE: + } Adds comma in (1) to clarify sentence
structure.
SECTION 39. { + (1) Section 1, chapter 666, Oregon Laws 1995,
is repealed.
Enrolled House Bill 2509 (HB 2509-B) Page 33
(2) Notwithstanding any other provision of law, ORS 124.005 to
124.040 shall not be considered to have been added to or made a
part of ORS chapter 107 for the purpose of statutory compilation
or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
chapter. + }
{ + NOTE: + } Removes sections from inappropriate series.
SECTION 40. ORS 124.020 is amended to read:
124.020. (1) When an elderly person files a petition under ORS
124.010, the circuit court shall hold an ex parte hearing in
person or by telephone on the day the petition is filed or on the
following judicial day. Upon a showing that the petitioner has
been the victim of abuse committed by the respondent within 180
days preceding the filing of the petition and that there is an
immediate and present danger of further abuse to the petitioner,
the court shall, if requested by the petitioner, order, for a
period of one year or until the order is withdrawn or amended,
whichever is sooner:
(a) That the respondent be required to move from the
petitioner's residence, if in the sole name of the petitioner or
if jointly owned or rented by the petitioner and the respondent,
or if the parties are married to each other;
(b) That a peace officer accompany the party who is leaving or
has left the parties' residence to remove essential personal
effects of the party;
(c) That the respondent be restrained from abusing,
intimidating, molesting, interfering with or menacing the
petitioner;
(d) That the respondent be restrained from entering on any
premises when it appears to the court that such restraint is
necessary to prevent the respondent from abusing, intimidating,
molesting, interfering with or menacing the petitioner; or
(e) Other relief that the court considers necessary to provide
for the safety and welfare of the petitioner.
(2) The showing required under subsection (1) of this section
may be made by testimony of:
(a) The petitioner;
(b) Witnesses to the abuse; or
(c) Adult protective services workers who have conducted an
investigation.
(3) Immediate and present danger under this section includes
but is not limited to situations in which the respondent has
recently threatened the petitioner with additional abuse.
(4) An instruction brochure shall be available from the clerk
of the court explaining the rights set forth under ORS 124.005 to
124.040. The petition, order and related forms shall be available
from the clerk of the court and shall be in substantially the
following form:
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON FOR
THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 34
____
, PETITION FOR
Petitioner RESTRAINING ORDER
(your name) TO PREVENT
ELDER ABUSE
vs. )
NO. ___
)
____
, )
Respondent )
(person to b)
restrained) )
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
YOU MUST PROVIDE COMPLETE AND TRUTHFUL INFORMATION. IF YOU DO
NOT, THE COURT MAY DISMISS ANY RESTRAINING ORDER AND MAY ALSO
HOLD YOU IN CONTEMPT OF COURT.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
ATTACH ADDITIONAL PAGES
IF NECESSARY.
I am the Petitioner and I state that the following information is
true:
I am a resident of _______ County, Oregon.
Respondent is a resident of _______ County, Oregon.
I am 65 years of age or older. I am ____ years of age.
1. CHECK AND FILL OUT THE SECTION(S) that apply to you and
respondent:
_ A. Respondent and I have been living together since _____ ,
19__.
_ B. Respondent and I lived together from _____, 19__, to
_____, 19__.
_ C. I have been under the care of respondent since _____,
19__.
_ D. I was under the care of respondent from _____, 19__, to
_____, 19__.
2. To qualify for a restraining order, respondent must have done
one or more of the following:
Within the last 180 days, respondent has:
_ A. Caused me physical injury by other than accidental means.
_ B. Attempted to cause me physical injury by other than
accidental means.
_ C. Placed me in fear of immediate serious physical injury.
_ D. Caused me physical harm by withholding services necessary
to maintain my health and well-being.
_ E. Abandoned or deserted me by withdrawing or neglecting to
perform duties and obligations.
_ F. Used derogatory or inappropriate names, phrases or
profanity, ridicule, harassment, coercion, threats,
cursing, intimidation or inappropriate sexual comments of
such a nature as to place me in fear of significant
physical or emotional harm.
Enrolled House Bill 2509 (HB 2509-B) Page 35
3. Any period of time after the abuse occurred during which
respondent was incarcerated (in jail or prison) or lived more
than 100 miles from your home is not counted as part of the
180-day period, and you may still be eligible for a
restraining order.
Respondent was incarcerated from _____, 19__, to _____, 19__.
Respondent lived more than 100 miles from my home from _____,
19__, to _____, 19__.
4. Did the abuse happen within the last 180 days not including
the times respondent was incarcerated (in jail or prison) or
lived more than 100 miles from your home? Yes No
Date and location of abuse:
_______________
_______________
How did respondent injure or threaten to injure you?
_______________
_______________
_______________
5. Are there incidents other than those described in question 4
above, in which respondent injured or threatened to injure
you? If yes, explain:
_______________
_______________
_______________
6. The abuse I am complaining about was witnessed by ______
(affidavit attached). Other persons with knowledge of the
abuse are ______ (affidavit attached).
7. I am in immediate and present danger of further abuse by
respondent because:
_______________
_______________
_______________
8. In any of the above incidents:
Were drugs, alcohol or weapons involved? Yes No
Did you need medical help? Yes No
Were the police or the courts involved? Yes No
If you have circled yes to any of the above questions,
explain:
_______________
_______________
9. A. There (is) (is not) another Elder Abuse Prevention Act or
Abuse Prevention Act proceeding pending between
respondent and me. It is filed in _____ (County), _____
(State), and I am (Petitioner) or (Respondent) in that
case.
The case number of the case is: __________
B. There (is) (is not) another lawsuit pending between
respondent and me for divorce, annulment or legal
separation.
If yes, type of lawsuit: __________
It is filed in _____ (County), _____ (State).
Enrolled House Bill 2509 (HB 2509-B) Page 36
10. Respondent may be required to move from your residence if it
is in your sole name, or if it is jointly owned or rented by
you and respondent, or if you and respondent are married.
I (do) (do not) want respondent to move from my residence.
My residence is:
Owned Leased Rented
By: __________
PETITIONER ASKS THE COURT TO GRANT THE RELIEF INDICATED IN THE '
PETITIONER'S REQUEST' COLUMN OF THE PROPOSED RESTRAINING ORDER,
WHICH IS ATTACHED.
_________________________________________________________________
PETITIONER MUST NOTIFY THE COURT
OF ANY CHANGE OF ADDRESS.
ALL NOTICES OF HEARING WILL
BE SENT TO THIS ADDRESS
AND DISMISSALS MAY BE
ENTERED IF YOU DO NOT APPEAR
AT A SCHEDULED HEARING.
If you wish to have your residential address or
telephone number withheld from respondent, use a
contact address and telephone number so the Court and
the Sheriff can reach you if necessary.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
______
PETITIONER
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
STATE OF OREGON )
)ss.
County of ___
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
SUBSCRIBED AND SWORN TO before me this ___ day of __________,
19__.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
NOTARY PUBLIC FOR OREGON
My commission expires: ____
Enrolled House Bill 2509 (HB 2509-B) Page 37
RELEVANT DATA
RESPONDENT __________
Sex __ Telephone # _____
Residence Address ________
City/State/Zip __________
County __________
Birthdate ____ Age __
Race ____
Height _____ Weight _____
Eye Color _____
Hair Color _____
PETITIONER (you) ________
Sex ___ *Telephone # _____
*Residence Address ________
City/State/Zip __________
County __________
Birthdate _____ Age ___
Race _____
Height _____ Weight _____
Eye Color _____
Hair Color _____
*If you wish to have your residential address or telephone
number withheld from respondent, use a contact address and
telephone number so the Court and the Sheriff can reach you
if necessary.
PLEASE FILL OUT THIS INFORMATION
TO AID IN SERVICE OF
THE RESTRAINING ORDER
Where is respondent most likely to be located?
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Residence Hours _____
Employment Hours _____
Address: ____
________
Employment Hours _____
Address: ____
________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Description of vehicle ________
__________________
Does respondent have any weapons or access to weapons? Explain:
_________________________________________________________________
_________________________________________________________________
Has respondent ever been arrested for or convicted of a violent
crime? Explain:
Enrolled House Bill 2509 (HB 2509-B) Page 38
_________________________________________________________________
_________________________________________________________________
Is there anything about respondent's character, past behavior or
the present situation that indicates that respondent may be a
danger to self or other? Explain:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
_______________
, )
Petitioner (your name) ) RESTRAINING ORDER
) TO PREVENT ABUSE
vs. )
) NO. _____
)
_______________
, )
Respondent (person to be r)strained)
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
TO THE RESPONDENT:
VIOLATION OF THIS RESTRAINING ORDER MAY
RESULT IN YOUR ARREST AND IN CIVIL AND/OR
CRIMINAL PENALTIES. REVIEW THIS ORDER CAREFULLY.
EACH PROVISION MUST BE OBEYED.
SEE YOUR RIGHTS TO A HEARING.
The Court, having reviewed the petition, makes the following
findings:
Judge's Initials
_ Petitioner has been abused by respondent as defined by ORS
124.005;
_ The abuse of petitioner by respondent occurred within the
last 180 days as provided in ORS 124.010;
_ There is an immediate and present danger of further abuse to
petitioner.
IT IS HEREBY ORDERED that:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's Request Judge's Initials
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 39
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 1. Respondent is restrained (prohibited) from_intimidating,
_ _
molesting, interfering with or menacing petitioner.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 2. Respondent is restrained (prohibited) from_entering:
_ _
(Include names and address unless withheld for safety reasons.)
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Petitioner's residence. ___
Petitioner's business or place of employment.
___
Petitioner's school. ___
Other locations. ___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 3. Respondent is restrained (prohibited) from:
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Contacting petitioner by telephone. ___
Contacting petitioner by mail. ___
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 4. Respondent shall move from and not return_to the re-
__
sidence located at ________
except with a
peace officer in order to remove essential personal
effects of the respondent, including, but not
limited to: clothing, toiletries, medications,
social security cards, birth certificates,
identification and tools of the trade.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 5. A peace officer shall accompany the petitioner to the
___
Enrolled House Bill 2509 (HB 2509-B) Page 40
parties' residence in order to remove essential personal
effects of petitioner, including, but not limited to:
clothing, toiletries, medications, social security cards,
birth certificates, identification and tools of the trade.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 6. Other relief: ________________
___
____________________
____________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
| 7. No further service is necessary because respondent
___
appeared in person before the Court.
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IT IS FURTHER ORDERED that:
SECURITY AMOUNT FOR VIOLATION OF ANY PROVISION OF THIS ORDER
IS $5,000 unless otherwise specified.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Other Amount ($ )
THE ABOVE PROVISIONS OF THIS RESTRAINING ORDER ARE IN EFFECT FOR
A PERIOD OF ONE YEAR OR UNTIL THE ORDER IS VACATED, MODIFIED OR
SUPERSEDED, WHICHEVER OCCURS FIRST.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
DATED this ___
day of __________
, 19__
.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 41
_______________
CIRCUIT COURT JUDGE (signature)
_______________
CIRCUIT COURT JUDGE (printed)
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. AFFIDAVIT OF PROOF
____
, OF SERVICE
Respondent. )
)
)
STATE OF )
OREGON )
ss.
County of __
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
I am a resident of the State of Oregon. I am a competent person
18 years of age or older. I am not an attorney for or a party to
this case, or an officer, director or employee of any party to
this case.
On the ___ day of ____, 19__, I served the Restraining Order to
Prevent Elder Abuse and the Petition for Restraining Order to
Prevent Abuse in this case personally upon the above-named
respondent in ______ County by delivering to the respondent a
copy of those papers, each of which was certified to be a true
copy of each original.
_______________
Signature of ________
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 19__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
_________________________________________________________________
IN THE CIRCUIT COURT OF
Enrolled House Bill 2509 (HB 2509-B) Page 42
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
)
____
, NO. ___
Petitioner, )
vs. MOTION AND ORDER
____
, OF DISMISSAL
Respondent. )
)
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
Comes now petitioner, _____, and moves this Court for an order
allowing the voluntary withdrawal and dismissal of the
Restraining Order on file herein.
____________
Petitioner
SUBSCRIBED AND SWORN TO before me this ___ day of ____, 19__.
______________
NOTARY PUBLIC FOR OREGON
My Commission Expires: ____
IT IS SO ORDERED this ___ day of ____, 19__.
____________
JUDGE
_________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF ______
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
____
, )
(D.O.B. ___
) NOTICE TO RESPONDENT
Petitioner, ( { -
Family - }
{ +
Elder + }
Abuse
Prevention Act)
)
and NO. ___
)
____
, )
(D.O.B. ___
) )
Respondent. )
Enrolled House Bill 2509 (HB 2509-B) Page 43
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
THIS FORM MUST BE
ATTACHED TO SERVICE COPY
OF RESTRAINING ORDER
TO RESPONDENT: A TEMPORARY RESTRAINING ORDER HAS BEEN ISSUED BY
THE COURT WHICH AFFECTS YOUR RIGHTS AND IS NOW IN EFFECT. THIS
ORDER BECOMES EFFECTIVE IMMEDIATELY. IF YOU WISH TO CONTEST THE
CONTINUATION OF THIS ORDER, YOU MUST COMPLETE THIS FORM AND MAIL
OR DELIVER IT TO:
REQUESTS FOR HEARING MUST BE MADE WITHIN 30 DAYS AFTER YOU
RECEIVE THE ORDER. YOU MUST INCLUDE YOUR ADDRESS AND TELEPHONE
NUMBER WITH YOUR REQUEST FOR A HEARING. THE HEARING WILL BE HELD
WITHIN 21 DAYS. AT THE HEARING, A JUDGE WILL DECIDE WHETHER THE
ORDER SHOULD BE CANCELED OR CHANGED. THE ONLY PURPOSE OF THIS
HEARING WILL BE TO DETERMINE IF THE TERMS OF THE COURT'S
TEMPORARY ORDER SHOULD BE CANCELED, CHANGED OR EXTENDED.
Keep in mind that this order remains in effect until the court
that issued the order modifies or dismisses it. If you are
arrested for violating this order, the security amount (bail) is
$5,000, unless a different amount is ordered by the court.
Violation of this order constitutes contempt of court and is
punishable by a fine of up to $500 or one percent of your annual
gross income, whichever is greater, a jail term of up to six
months, or both. Other sanctions may be imposed.
_________________________________________________________________
REQUEST FOR HEARING
I am the Respondent in the above-referenced action and I request
a hearing to contest all or part of the order as follows (mark
one or more):
_ The order restraining me from contact with the petitioner.
_ Other __________
I (will) (will not) be represented by an attorney at the hearing.
Notice of the time and place of the hearing can be mailed to me
at the address below my signature.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Date: __________
_______________
SIGNATURE OF RESPONDENT
_______________
_______________
ADDRESS
_______________
TELEPHONE NUMBER
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
Enrolled House Bill 2509 (HB 2509-B) Page 44
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(5) If the court orders relief:
(a) The clerk of the court shall provide without charge the
number of certified true copies of the petition and order
necessary to effect service and shall have a true copy of the
petition and order delivered to the county sheriff for service
upon the respondent, unless the court finds that further service
is unnecessary because the respondent appeared in person before
the court.
(b) The county sheriff shall serve the respondent personally
unless the petitioner elects to have the respondent served
personally by a private party or by a peace officer who is called
to the scene of a domestic disturbance at which the respondent is
present, and who is able to obtain a copy of the order within a
reasonable amount of time. Proof of service shall be made in
accordance with ORS 124.030.
(c) No filing fee, service fee or hearing fee shall be charged
for proceedings seeking only the relief provided under ORS
124.005 to 124.040.
(6) If the county sheriff:
(a) Determines that the order and petition are incomplete, the
order and petition shall be returned to the clerk of the court.
The clerk of the court shall notify the petitioner, at the
address provided by the petitioner, of the error or omission.
(b) After accepting the order and petition, cannot complete
service within 10 days, the sheriff shall notify the petitioner,
at the address provided by the petitioner, that the documents
have not been served. If the petitioner does not respond within
10 days, the county sheriff shall hold the order and petition for
future service and file a return to the clerk of the court
showing that service was not completed.
(7)(a) Within 30 days after a restraining order is served under
this section, the respondent therein may request a court hearing
upon any relief granted. The hearing request form shall be
available from the clerk of the court and shall be in
substantially the form provided in subsection (4) of this
section.
(b) If the respondent requests a hearing under paragraph (a) of
this subsection, the clerk of the court shall notify the
petitioner of the date and time of such hearing, and shall supply
the petitioner with a copy of the respondent's request for a
hearing. The petitioner shall give to the clerk of the court
information sufficient to allow such notification.
(c) The hearing shall not be limited to the issues raised in
the respondent's request for hearing form and may include
testimony from witnesses to the abuse and adult protective
services workers. The hearing may be held in person or by
telephone. If the respondent seeks to raise an issue at the
hearing not previously raised in the request for hearing form,
the petitioner shall be entitled to a reasonable continuance for
the purpose of preparing a response to the issue.
(d) The court shall exercise its discretion in a manner that
protects the petitioner from traumatic confrontation with the
respondent.
{ + NOTE: + } Corrects reference to Abuse Prevention Act in
form for notice to respondent.
SECTION 41. ORS 124.100 is amended to read:
124.100. (1) An elderly or incapacitated person who suffers
injury, damage or death by reason of physical abuse or fiduciary
Enrolled House Bill 2509 (HB 2509-B) Page 45
abuse may bring an action against any person who has caused the
physical or fiduciary abuse or who has permitted another person
to engage in physical or fiduciary abuse. The court shall award
the following to a plaintiff who prevails in an action under this
section:
(a) All economic damages, as defined in ORS 18.560, resulting
from the physical or fiduciary abuse, or $500, whichever amount
is greater.
(b) All noneconomic damages, as defined by ORS 18.560,
resulting from the physical or fiduciary abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or
guardian ad litem incurred by reason of the litigation of a claim
brought under this section.
(2) An action may be brought under the provisions of this
section only by a person who is 65 or more years of age, by an
incapacitated person { - as defined by ORS 126.003 - } or by a
guardian, conservator or attorney-in-fact for a person who is
incapacitated or 65 or more years of age. { + A person shall be
considered incapacitated for the purposes of ORS 124.100 to
124.140 if the person is either incapacitated as defined in ORS
125.005 or financially incapable as defined in ORS 125.005. + }
(3) An action may only be brought under the provisions of this
section for physical abuse described in ORS 124.105 or for
fiduciary abuse described in ORS 124.110.
(4) An action may be brought under this section against a
person for permitting another person to engage in physical or
fiduciary abuse if the person knowingly acts or fails to act
under circumstances in which a reasonable person should have
known of the physical or fiduciary abuse.
(5) A person commencing an action under this section must serve
a copy of the complaint on the Attorney General within 30 days
after the action is commenced.
{ + NOTE: + } Corrects reference to repealed statute to
reference to current provisions.
SECTION 42. ORS 131.005 is amended to read:
131.005. As used in sections 1 to 311, chapter 836, Oregon Laws
1973, except as otherwise specifically provided or unless the
context requires otherwise:
(1) 'Accusatory instrument' means a grand jury indictment, an
information or a complaint.
(2) 'Bench warrant' means a process of a court in which a
criminal action is pending, directing a peace officer to take
into custody a defendant in the action who has previously
appeared before the court upon the accusatory instrument by which
the action was commenced, and to bring the defendant before the
court. The function of a bench warrant is to achieve the court
appearance of a defendant in a criminal action for some purpose
other than the initial arraignment of the defendant in the
action.
(3) 'Complaint' means a written accusation, verified by the
oath of a person and bearing an indorsement of acceptance by the
district attorney having jurisdiction thereof, filed with a
magistrate, and charging another person with the commission of an
offense, other than an offense punishable as a felony. A
complaint serves both to commence an action and as a basis for
prosecution thereof.
(4) 'Complainant's information' means a written accusation,
verified by the oath of a person and bearing an indorsement of
acceptance by the district attorney having jurisdiction thereof,
filed with a magistrate, and charging another person with the
Enrolled House Bill 2509 (HB 2509-B) Page 46
commission of an offense punishable as a felony. A complainant's
information serves to commence an action, but not as a basis for
prosecution thereof.
(5) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order. 'Correctional facility '
does not include a { - juvenile - } { + youth correction + }
facility as defined in ORS 162.135 and applies to a state
hospital only as to persons detained therein charged with or
convicted of a crime, or detained therein after acquittal of a
crime by reason of mental disease or defect under ORS 161.290 to
161.370.
(6) 'Criminal action' means an action at law by means of which
a person is accused and tried for the commission of an offense.
(7) 'Criminal proceeding' means any proceeding which
constitutes a part of a criminal action or occurs in court in
connection with a prospective, pending or completed criminal
action.
(8) 'District attorney,' in addition to its ordinary meaning,
includes a city attorney as prosecuting officer in the case of
municipal ordinance offenses, a county counsel as prosecuting
officer under a county charter in the case of county ordinance
offenses, and the Attorney General in those criminal actions or
proceedings within the jurisdiction of the Attorney General.
(9) 'District attorney's information' means a written
accusation by a district attorney and:
(a) If filed with a magistrate to charge a person with the
commission of an offense, other than an offense punishable as a
felony, serves both to commence an action and as a basis for
prosecution thereof; or
(b) If filed with a magistrate to charge a person with the
commission of an offense punishable as a felony, serves to
commence an action, but not as a basis for prosecution thereof;
or
(c) If, as is otherwise authorized by law, filed in circuit
court to charge a person with the commission of an offense,
serves as a basis for prosecution thereof.
(10) 'Information' means a district attorney's information or a
complainant's information.
(11) 'Probable cause' means that there is a substantial
objective basis for believing that more likely than not an
offense has been committed and a person to be arrested has
committed it.
(12) 'Trial court' means a court which by law has jurisdiction
over an offense charged in an accusatory instrument and has
authority to accept a plea thereto, or try, hear or otherwise
dispose of a criminal action based on the accusatory instrument.
(13) 'Ultimate trial jurisdiction' means the jurisdiction of a
court over a criminal action or proceeding at the highest trial
level.
(14) 'Warrant of arrest' means a process of a court, directing
a peace officer to arrest a defendant and to bring the defendant
before the court for the purpose of arraignment upon an
accusatory instrument filed therewith by which a criminal action
against the defendant has been commenced.
{ + NOTE: + } Corrects terminology in (5).
SECTION 43. ORS 132.320 is amended to read:
132.320. (1) Except as provided in subsections (2) to (5) of
this section, in the investigation of a charge for the purpose of
indictment, the grand jury shall receive no other evidence than
Enrolled House Bill 2509 (HB 2509-B) Page 47
such as might be given on the trial of the person charged with
the crime in question.
(2) A report or a copy of a report made by a physicist,
chemist, medical examiner, physician, firearms identification
expert, examiner of questioned documents, fingerprint technician,
or an expert or technician in some comparable scientific or
professional field, concerning the results of an examination,
comparison or test performed by such person in connection with a
case which is the subject of a grand jury proceeding, shall, when
certified by such person as a report made by such person or as a
true copy thereof, be received in evidence in the grand jury
proceeding.
(3) An affidavit of a witness who is unable to appear before
the grand jury shall be received in evidence in the grand jury
proceeding if, upon application by the district attorney, the
presiding judge for the judicial district in which the grand jury
is sitting authorizes such receipt after good cause has been
shown for the witness' inability to appear. An affidavit taken in
another state or territory of the United States, the District of
Columbia or in a foreign country must be authenticated as
provided in ORS 194.505 to 194.575 before it can be used in this
state.
(4) A grand jury that is investigating a charge of criminal
driving while suspended or revoked { - or in violation of a
hardship or probationary permit - } under ORS 811.182 may
receive in evidence an affidavit of a peace officer with a report
or copy of a report of the peace officer concerning the peace
officer's investigation of the violation of ORS 811.182 by the
defendant.
(5) A grand jury may receive testimony of a witness by means of
simultaneous television transmission allowing the grand jury and
district attorney to observe and communicate with the witness and
the witness to observe and communicate with the grand jury and
the district attorney.
(6) The grand jury is not bound to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it;
and when it believes that other evidence within its reach will
explain away the charge, it should order such evidence to be
produced, and for that purpose may require the district attorney
to issue process for the witnesses.
{ + NOTE: + } Clarifies name of offense.
SECTION 44. ORS 132.440 is amended to read:
132.440. (1) At least once yearly, a grand jury shall inquire
into the condition and management of every correctional facility
and { - juvenile - } { + youth correction + } facility as
defined in ORS 162.135 in the county.
(2) The grand jury is entitled to free access at all reasonable
times to such correctional facilities and juvenile facilities,
and, without charge, to all public records in the county
pertaining thereto.
(3) Other than indictments presented under ORS 132.310 or
presentments presented under ORS 132.370, the grand jury shall
issue no report other than a report of an inquiry made under this
section.
{ + NOTE: + } Corrects terminology.
SECTION 45. ORS 133.310 is amended to read:
133.310. (1) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe that the
person has committed any of the following:
(a) A felony.
(b) A Class A misdemeanor.
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(c) An unclassified offense for which the maximum penalty
allowed by law is equal to or greater than the maximum penalty
allowed for a Class A misdemeanor.
(d) Reckless driving under ORS 811.140.
(e) Driving while under the influence of intoxicants under ORS
813.010.
(f) Failure to perform the duties of a driver under ORS 811.700
or 811.705.
(g) Criminal driving while suspended or revoked { - or in
violation of a hardship or probationary permit - } under ORS
811.182.
(h) Fleeing or attempting to elude a police officer under ORS
811.540.
(i) Any other offense in the officer's presence except traffic
infractions as defined in ORS 153.505 and violations as defined
in ORS 161.565.
(2) A peace officer may arrest a person without a warrant when
the peace officer is notified by telegraph, telephone, radio or
other mode of communication by another peace officer of any state
that there exists a duly issued warrant for the arrest of a
person within the other peace officer's jurisdiction.
(3) A peace officer shall arrest and take into custody a person
without a warrant when the peace officer has probable cause to
believe that:
(a) There exists an order issued pursuant to ORS 30.866,
107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020 or
163.738 restraining the person;
(b) A true copy of the order and proof of service on the person
has been filed as required in ORS 107.720, 124.030 or 163.741;
and
(c) The person to be arrested has violated the terms of that
order.
(4) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.185 supplies a copy of the foreign restraining
order to the officer and represents to the officer that the
person has been located in this state for 30 days or less; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(5) A peace officer shall arrest and take into custody a person
without a warrant if:
(a) The person protected by a foreign restraining order as
defined by ORS 24.185 has filed a copy of the foreign restraining
order with a court under the provisions of ORS 24.115; and
(b) The peace officer has probable cause to believe that the
person to be arrested has violated the terms of the foreign
restraining order.
(6) A peace officer shall arrest and take into custody a person
without a warrant if the peace officer has probable cause to
believe:
(a) The person has been charged with an offense that also
constitutes domestic violence, as defined in ORS 135.230, and is
presently released as to that charge under ORS 135.230 to
135.290; and
(b) The person has failed to comply with the no contact
condition of the release agreement.
{ + NOTE: + } Clarifies name of offense.
SECTION 46. ORS 147.275 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 49
147.275. (1)(a) Before any person or other legal entity pays or
delivers the proceeds of a compensable crime to any individual
charged with or convicted of committing such a crime in this
state or found guilty except for insanity with regard to such a
crime, or to a representative or assignee of that individual, the
person or legal entity shall promptly notify the Department of
Justice and pay or deliver to the department the proceeds that
would otherwise be paid to the individual charged, convicted or
found guilty except for insanity, or the representative or
assignee of the individual.
(b) When any person or other legal entity contracts to pay the
proceeds of the compensable crime to any individual charged with
or convicted of committing such a crime in this state or found
guilty except for insanity with regard to such a crime, or
whenever any person or other legal entity contracts with a
representative or assignee of that individual to pay the proceeds
of the compensable crime committed by that individual { + , + }
the person or legal entity shall promptly submit a copy of the
contract to the Department of Justice and pay to the department
any proceeds which otherwise, under the terms of the contract,
would be paid to the accused or convicted individual, the person
found guilty except for insanity or the representative or
assignee of the individual.
(2) The department shall deposit proceeds received under this
section in an escrow account established for the benefit of the
victims or dependents of the victims of the crime for which the
individual whose proceeds are placed in the escrow account is
convicted or found guilty except for insanity. Proceeds in the
escrow account shall be paid to satisfy judgments as provided in
subsection (3) of this section or restitution orders under ORS
137.103 to 137.109.
(3) A person is entitled to payment of proceeds from the escrow
account established under this section if:
(a) The person is the victim or a dependent of a deceased
victim of a compensable crime for which the individual whose
proceeds are placed in the escrow account is convicted or found
guilty except for insanity; and
(b) Within five years after the establishment of the escrow
account, the person commences a civil action against such
individual in a court of competent jurisdiction and receives a
money judgment for damages suffered as a result of the crime.
(4) The department, at least once every year for five years
from the date it establishes the escrow account, shall cause to
have published a legal notice in a newspaper of general
circulation in the county in which the crime was committed and in
the counties adjoining such county advising victims that the
escrow proceeds are available to satisfy judgments pursuant to
this section. The department may, in its discretion, provide for
such additional notice as it considers necessary.
(5) Upon dismissal of charges or acquittal of any individual
whose proceeds are placed in an escrow account under this
section, the department shall immediately pay such individual the
proceeds in the escrow account.
(6) Upon a showing by any convicted individual or the
individual found guilty except for insanity that five years have
elapsed from the establishment of the escrow account in which the
individual's proceeds have been placed under this section and
that no civil actions by victims or dependents of deceased
victims of the individual's crime have been commenced, the
department shall immediately pay any proceeds in the escrow
Enrolled House Bill 2509 (HB 2509-B) Page 50
account to such individual or the legal representative of the
individual.
(7) Any action taken by an individual charged with or convicted
of committing a compensable crime in this state, including, but
not limited to, execution of a power of attorney or creation of a
corporate entity, to defeat the purpose of this section is null
and void. Any action taken by an individual found guilty except
for insanity with regard to a compensable crime in this state is
similarly null and void.
(8) When an escrow account has insufficient funds to meet all
judgments presented by victims or their representatives, the
escrow account shall be prorated among the victims or their
representatives on the basis of the amounts of the unsatisfied
judgments or partially satisfied judgments. There shall be no
payment from the escrow account to a victim or a victim's
representative until either the amounts of all unsatisfied
judgments are determined, or it is determined that the payment
for an unsatisfied judgment will not diminish the escrow account
so that other potential victim claims could not be satisfied.
(9)(a) The Department of Justice may notify any person whom the
department believes to be in possession of the proceeds of a
compensable crime, or to have contracted to pay the proceeds of a
compensable crime as described in subsection (1) of this section,
of the requirements of this section.
(b) Any person who disputes whether that person either
possesses or has contracted to pay the proceeds of a compensable
crime may ask for a contested case hearing on the question before
the department. The hearing shall be conducted in accordance with
the provisions of ORS 183.310 to 183.550.
(10) Notwithstanding subsection (9) of this section, the
Department of Justice may seek provisional remedies, including
garnishment or injunctive relief, to prevent the payment of money
or property which the department asserts to be the proceeds of a
compensable crime to an individual charged with or convicted of
committing such a crime in this state or found guilty except for
insanity with regard to such a crime, or to the representative or
assignee of that individual, until the character of the property
or money is determined.
(11) The Department of Justice may adopt rules to carry out the
purposes of this section.
(12) As used in this section, 'proceeds of a compensable crime'
means any property or assets, tangible or intangible:
(a) That are obtained during the commission of the compensable
crime; or
(b) That are obtained after commission of the crime primarily
because of commission of the compensable crime.
(13) As used in this section, 'proceeds of a compensable crime'
does not include property or assets that have been forfeited
pursuant to law or that constitute contraband. It also does not
include property or assets in which the individual charged or
convicted of committing a compensable crime has no legal or
equitable interest.
{ + NOTE: + } Corrects punctuation in (1)(b).
SECTION 47. ORS 162.135 is amended to read:
162.135. As used in ORS 162.135 to 162.205, unless the context
requires otherwise:
(1) 'Contraband' means:
(a) Controlled substances as defined in ORS 475.005;
(b) Drug paraphernalia as defined in ORS 475.525;
(c) Currency possessed by or in the control of an inmate
confined in a correctional facility; or
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(d) Any article or thing which a person confined in a
correctional facility, { - juvenile - } { + youth
correction + } facility or state hospital is prohibited by
statute, rule or order from obtaining or possessing, and whose
use would endanger the safety or security of such institution or
any person therein.
(2) 'Correctional facility' means any place used for the
confinement of persons charged with or convicted of a crime or
otherwise confined under a court order and includes but is not
limited to a { - juvenile - } { + youth correction + }
facility. 'Correctional facility' applies to a state hospital
only as to persons detained therein charged with or convicted of
a crime, or detained therein after acquittal of a crime by reason
of mental disease or defect under ORS 161.290 to 161.370.
(3) 'Currency' means paper money and coins that are within the
correctional institution.
(4) 'Custody' means the imposition of actual or constructive
restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility,
{ - juvenile - } { + youth correction + } facility or a state
hospital.
(5) 'Escape' means the unlawful departure of a person from
custody or a correctional facility. 'Escape' includes the
unauthorized departure or absence from this state or failure to
return to this state by a person who is under the jurisdiction of
the Psychiatric Security Review Board. 'Escape' does not include
failure to comply with provisions of a conditional release in ORS
135.245.
(6) ' { - Juvenile - } { + Youth correction + } facility'
means the MacLaren School { - for Boys - } , Hillcrest School
of Oregon and any other school established by law for similar
purposes, and includes the other camps and programs maintained
under ORS chapter 420 and detention facilities as defined in ORS
419A.004.
(7) 'State hospital' means the Oregon State Hospital, F. H.
Dammasch State Hospital, Eastern Oregon Psychiatric Center,
Eastern Oregon Training Center, Fairview Training Center and any
other hospital established by law for similar purposes.
(8) 'Unauthorized departure' means the unauthorized departure
of a person confined by court order in a { - juvenile - }
{ + youth correction + } facility or a state hospital that,
because of the nature of the court order, is not a correctional
facility as defined in this section, or the failure to return to
custody after any form of temporary release or transitional leave
from a correctional facility.
{ + NOTE: + } Corrects terminology; corrects name of school.
SECTION 48. ORS 162.185 is amended to read:
162.185. (1) A person commits the crime of supplying contraband
if:
(a) The person knowingly introduces any contraband into a
correctional facility, { - juvenile - } { + youth
correction + } facility or state hospital; or
(b) Being confined in a correctional facility,
{ - juvenile - } { + youth correction + } facility or state
hospital, the person knowingly makes, obtains or possesses any
contraband.
(2) Supplying contraband is a Class C felony.
{ + NOTE: + } Corrects terminology.
SECTION 49. ORS 163.165 is amended to read:
163.165. (1) A person commits the crime of assault in the third
degree if the person:
Enrolled House Bill 2509 (HB 2509-B) Page 52
(a) Recklessly causes serious physical injury to another by
means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under
circumstances manifesting extreme indifference to the value of
human life;
(c) Recklessly causes physical injury to another by means of a
deadly or dangerous weapon under circumstances manifesting
extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means
other than a motor vehicle, physical injury to the operator of a
public transit vehicle while the operator is in control of or
operating the vehicle. As used in this paragraph, 'public transit
vehicle' means a vehicle that is operated by or under contract to
any public body, as defined in ORS 166.115, in order to provide
public transportation;
(e) While being aided by another person actually present,
intentionally or knowingly causes physical injury to another;
(f) While committed to a { - juvenile - } { + youth
correction + } facility, intentionally or knowingly causes
physical injury to another knowing the other person is a staff
member of a { - juvenile - } { + youth correction + } facility
while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical
injury to an emergency medical technician or paramedic, as those
terms are defined in ORS 682.025, while the technician or
paramedic is performing official duties; or
(h) Being at least 18 years of age, intentionally or knowingly
causes physical injury to a child 10 years of age or younger.
(2) Assault in the third degree is a Class C felony.
(3) As used in this section, ' { - juvenile - } { + youth
correction + } facility' has the meaning given that term in ORS
162.135.
{ + NOTE: + } Corrects terminology.
SECTION 50. ORS 166.165 is amended to read:
166.165. (1) Two or more persons acting together commit the
crime of intimidation in the first degree, if the persons:
(a)(A) Intentionally, knowingly { - , - } or recklessly cause
physical injury to another person because of the actors'
perception of that person's race, color, religion, national
origin or sexual orientation; or
(B) With criminal negligence cause physical injury to another
person by means of a deadly weapon because of the actors'
perception of that person's race, color, religion, national
origin or sexual orientation;
(b) Intentionally, because of the actors' perception of another
person's race, color, religion, national origin or sexual
orientation, place another person in fear of imminent serious
physical injury; or
(c) Commit such acts as would constitute the crime of
intimidation in the second degree, if undertaken by one person
acting alone.
(2) Intimidation in the first degree is a Class C felony.
(3) 'Sexual orientation' has the meaning given that term in ORS
166.155.
{ + NOTE: + } Deletes serial comma in (1)(a)(A).
SECTION 51. ORS 166.725 is amended to read:
166.725. (1) Any circuit court may, after making due provision
for the rights of innocent persons, enjoin violations of the
provisions of ORS 166.720 (1) to (4) by issuing appropriate
orders and judgments, including, but not limited to:
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(a) Ordering a divestiture by the defendant of any interest in
any enterprise, including real property.
(b) Imposing reasonable restrictions upon the future activities
or investments of any defendant, including, but not limited to,
prohibiting any defendant from engaging in the same type of
endeavor as the enterprise in which the defendant was engaged in
violation of the provisions of ORS 166.720 (1) to (4).
(c) Ordering the dissolution or reorganization of any
enterprise.
(d) Ordering the suspension or revocation of a license, permit
or prior approval granted to any enterprise by any agency of the
state.
(e) Ordering the forfeiture of the charter of a corporation
organized under the laws of this state, or the revocation of a
certificate of authority authorizing a foreign corporation to
conduct business within this state, upon finding that the board
of directors or a managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in conduct in violation of ORS 166.720 (1)
to (4) and that, for the prevention of future criminal activity,
the public interest requires the charter of the corporation
forfeited and the corporation dissolved or the certificate of
authority revoked.
(2) All property, real or personal, including money, used in
the course of, derived from or realized through conduct in
violation of a provision of ORS 166.715 to 166.735 is subject to
civil forfeiture to the state. The state shall dispose of all
forfeited property as soon as commercially feasible. If property
is not exercisable or transferable for value by the state, it
shall expire. All forfeitures or dispositions under this section
shall be made with due provision for the rights of innocent
persons. Forfeited property shall be distributed as follows:
(a)(A) All moneys and the clear proceeds of all other property
forfeited shall be deposited with the State Treasurer to the
credit of the Common School Fund.
(B) For purposes of subparagraph (A) of this paragraph, ' clear
proceeds' means proceeds of forfeited property less costs of
maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the
Department of Justice has not otherwise recovered its costs and
expenses of the investigation and prosecution leading to the
forfeiture, less 30 percent of the remaining proceeds of the
property which is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
(b) Any amounts awarded to the Department of Justice pursuant
to paragraph (a) of this subsection shall be deposited in the
Criminal Justice Revolving Account in the State Treasury.
(3) Property subject to forfeiture under this section may be
seized by a police officer, as defined in ORS 133.525 (2), upon
court process. Seizure without process may be made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) In the event of a seizure under subsection (3) of this
section, a forfeiture proceeding shall be instituted promptly.
Property taken or detained under this section shall not be
subject to replevin, but is deemed to be in the custody of the
police officer making the seizure, subject only to the order of
Enrolled House Bill 2509 (HB 2509-B) Page 54
the court. When property is seized under this section, pending
forfeiture and final disposition, the police officer may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(5) The Attorney General, any district attorney or any state
agency having jurisdiction over conduct in violation of a
provision of ORS 166.715 to 166.735 may institute civil
proceedings under this section. In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may
at any time enter such injunctions, prohibitions or restraining
orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper. The
Attorney General, district attorney or state agency bringing an
action under this section may be awarded, upon entry of a final
judgment or decree in favor of the state, costs of investigation
and litigation, reasonably incurred. Amounts recovered may
include costs and expenses of state and local governmental
departments and agencies incurred in connection with the
investigation or litigation.
(6)(a) Any aggrieved person may institute a proceeding under
subsection (1) of this section:
(A) If the proceeding is based upon racketeering activity for
which a criminal conviction has been obtained, any rights of
appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the person is entitled to pursue a cause of action under
subsection (7)(a)(B) of this section.
(b) In such proceeding, relief shall be granted in conformity
with the principles that govern the granting of injunctive relief
from threatened loss or damage in other civil cases, except that
no showing of special or irreparable damage to the person shall
have to be made. Upon the execution of proper bond against
damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary
restraining order and a preliminary injunction may be issued in
any such action before a final determination on the merits.
(7)(a) Any person who is injured by reason of any violation of
the provisions of ORS 166.720 (1) to (4) shall have a cause of
action for three-fold the actual damages sustained and, when
appropriate, punitive damages:
(A) If a criminal conviction for the racketeering activity that
is the basis of the violation has been obtained, any rights of
appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the violation is based on racketeering activity as
defined in ORS 166.715 (6)(a)(B) to (J), (K) as it relates to
burglary and criminal trespass, (L) to (P), (S), (T) except for
claims arising under ORS 167.087, (U), (V), (X) to (Z), (AA) to
(DD), (LL), (MM) or (PP).
(b) The defendant or any injured person may demand a trial by
jury in any civil action brought pursuant to this subsection.
(c) Any injured person shall have a right or claim to forfeited
property or to the proceeds derived therefrom superior to any
right or claim the state has in the same property or proceeds.
(8) An investigative agency may bring an action for civil
penalties for any violation of ORS 166.720 (1) to (4). Upon proof
of any such violation, the court shall impose a civil penalty of
not more than $250,000.
Enrolled House Bill 2509 (HB 2509-B) Page 55
(9) A final judgment or decree rendered in favor of the state
in any criminal proceeding under ORS 166.715 to 166.735 shall
estop the defendant in any subsequent civil action or proceeding
brought by the state or any other person as to all matters as to
which such judgment or decree would be an estoppel as between the
state and the defendant.
(10) The Attorney General may, upon timely application,
intervene in any civil action or proceeding brought under
subsection (6) or (7) of this section if the Attorney General
certifies that, in the opinion of the Attorney General, the
action or proceeding is of general public importance. In such
action or proceeding, the state shall be entitled to the same
relief as if the Attorney General instituted the action or
proceeding.
(11)(a) Notwithstanding any other provision of law, a criminal
or civil action or proceeding under ORS 166.715 to 166.735 may be
commenced at any time within five years after the conduct in
violation of a provision of ORS 166.715 to 166.735 terminates or
the cause of action accrues. If a criminal prosecution or civil
action or other proceeding is brought, or intervened in, to
punish, prevent or restrain any violation of the provisions of
ORS 166.715 to 166.735, the running of the period of limitations
prescribed by this section with respect to any cause of action
arising under subsection (6) or (7) of this section which is
based in whole or in part upon any matter complained of in any
such prosecution, action or proceeding shall be suspended during
the pendency of such prosecution, action or proceeding and for
two years following its termination.
(b) A cause of action arising under subsection (6)(a)(A) or
(7)(a)(A) of this section accrues when the criminal conviction
for the underlying activity is obtained. In addition to any
suspension of the running of the period of limitations provided
for in paragraph (a) of this subsection, the period of
limitations prescribed by paragraph (a) of this subsection is
suspended during any appeal from the criminal conviction for the
underlying activity.
(12) The application of one civil remedy under any provision of
ORS 166.715 to 166.735 shall not preclude the application of any
other remedy, civil or criminal, under ORS 166.715 to 166.735 or
any other provision of law. Civil remedies under ORS 166.715 to
166.735 are supplemental and not mutually exclusive.
(13) Notwithstanding subsection (6) or (7) of this section, a
person may not institute a proceeding under subsection (6) of
this section and does not have a cause of action under subsection
(7) of this section if the conduct that is the basis of the
proceeding or action could also be the basis of a claim of
discrimination because of sex that constitutes sexual harassment.
{ - (14) The court may award reasonable attorney fees to the
prevailing party in a civil action under this section. - }
{ - (15) - } { + (14) + } In an action brought under the
provisions of this section by a person other than the Attorney
General, a district attorney or a state agency, the court may
award reasonable attorney fees to the prevailing party. In a
civil action brought under the provisions of this section by the
Attorney General, a district attorney or a state agency:
(a) The court may award reasonable attorney fees to the
Attorney General, district attorney or state agency if the
Attorney General, district attorney or state agency prevails in
the action; and
(b) The court may award reasonable attorney fees to a defendant
who prevails in an action under this section if the court
Enrolled House Bill 2509 (HB 2509-B) Page 56
determines that the Attorney General, district attorney or state
agency had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of
the trial court.
{ + NOTE: + } Deletes redundant provision.
SECTION 52. ORS 179.473 is amended to read:
179.473. (1) Whenever the health and welfare of the person and
the efficient administration of the institution requires the
transfer of an inmate of a Department of Corrections institution
or a student of MacLaren School or Hillcrest School to another
institution:
(a) The Department of Corrections or { - Children's Services
Division - } { + the Oregon Youth Authority + }, with the
consent of the Mental Health and Developmental Disability
Services Division, may transfer a person at any institution under
its jurisdiction to an institution for the mentally ill or
mentally retarded, or, with the consent of the Oregon Health
Sciences University, to the Oregon Health Sciences University.
(b) Except as provided in subsection (2) of this section,
{ - a division or - } the Department of Corrections { + or the
Oregon Youth Authority + } may make a transfer of a person from
any institution under the jurisdiction of { - that division
or - } { + the + } department { + or authority + } to any
other institution under the jurisdiction of { - that same
division or - } { + the + } department { + or authority + }.
(2) A student of a youth correction facility may not be
transferred to a Department of Corrections institution under
subsection (1) of this section. A student of a youth correction
facility who has been transferred to another institution may not
be transferred from such other institution to a Department of
Corrections institution.
{ + NOTE: + } Corrects reference to state agency.
SECTION 53. ORS 181.610 is amended to read:
181.610. In ORS 181.610 to 181.690, unless the context requires
otherwise:
(1) 'Abuse' has the meaning given the term in ORS 107.705.
(2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
(3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
(4) 'Commissioned' means an authorization granting the power to
perform various acts or duties of a police officer or certified
reserve officer and acting under the supervision and
responsibility of a county sheriff or as otherwise provided by
law.
(5) 'Corrections officer' means an officer or member of a law
enforcement unit who is employed full time thereby and is charged
with and primarily performs the duty of custody, control or
supervision of individuals convicted of or arrested for a
criminal offense and confined in a place of incarceration or
detention other than a place used exclusively for incarceration
or detention of juveniles.
(6) 'Domestic violence' means abuse between family or household
members.
(7) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
Enrolled House Bill 2509 (HB 2509-B) Page 57
(8) 'Executive director' means the executive director of the
board.
(9) 'Family or household members' has the meaning given that
term in ORS 107.705.
(10) 'Fire protection equipment' means any apparatus, machinery
or appliance intended for use by a fire service unit in fire
prevention or suppression activities. 'Fire protection equipment'
does not include forest fire protection equipment.
(11) 'Fire service professional' means an officer or member of
a public or private fire protection agency who is engaged
primarily in fire investigation, fire prevention, fire safety,
fire control or fire suppression or providing emergency medical
services, light and heavy rescue services, search and rescue
services or hazardous materials incident response. 'Fire service
professional' does not include forest fire protection agency
personnel.
(12)(a) 'Law enforcement unit' means a police force or
organization of the state, a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, Indian
reservation, Criminal Justice Division of the Department of
Justice, the Department of Corrections, the Oregon State Lottery
Commission or common carrier railroad whose primary duty, as
prescribed by law, ordinance or directive, is any one or more of
the following:
(A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
(B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
(C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation.
(b) 'Law enforcement unit' also means:
(A) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
whose employees are commissioned by a county sheriff; and
(B) A district attorney's office.
(13) 'Parole and probation officer' means any officer employed
full time by the Department of Corrections, a county or a court
who is charged with and actually performs the duty of community
protection by controlling, supervising and providing reformative
services for adult parolees and probationers, or who performs the
duty of investigation of adult offenders on parole or probation
or being considered for parole or probation.
(14) 'Police officer' means an officer, member or employee of a
law enforcement unit who is employed full time as a peace officer
commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, Indian reservation,
the Criminal Justice Division of the Department of Justice, the
Oregon State Lottery Commission or the Governor or who is a
member of the Department of State Police and who is responsible
for enforcing the criminal laws of this state or laws or
ordinances relating to airport security or is an investigator of
a district attorney's office if the investigator is or has been
certified as a peace officer in this or any other state.
(15) 'Public or private safety agency' means any unit of state
or local government, a special purpose district or a private firm
Enrolled House Bill 2509 (HB 2509-B) Page 58
which provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
(16) 'Public safety personnel' includes corrections officers,
youth correction officers, emergency medical dispatchers, parole
and probation officers, police officers, certified reserve
officers, telecommunicators and fire service professionals.
(17) 'Reserve officer' means an officer or member of a law
enforcement unit:
(a) Who is a volunteer or who is employed less than full-time
as a peace officer commissioned by a city, port, school district,
mass transit district, county, county service district authorized
to provide law enforcement services under ORS 451.010, Indian
reservation, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission or the Governor or
who is a member of the Department of State Police;
(b) Who is armed with a firearm; and
(c) Who is responsible for enforcing the criminal laws and
traffic laws of this state or laws or ordinances relating to
airport security.
(18) 'Telecommunicator' means any person employed as an
emergency telephone worker as defined in ORS 243.736 or a public
safety dispatcher whose primary duties are receiving, processing
and transmitting public safety information received through a
9-1-1 emergency reporting system as defined in ORS
{ - 401.720 - } { + 401.710 + }.
(19) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
{ + NOTE: + } Corrects reference in (18).
SECTION 54. ORS 183.534 is amended to read:
183.534. (1) A housing cost impact statement is an estimate of
the effect of a proposed rule or ordinance on the cost of
development of a 6,000 square foot parcel and the construction of
a 1,200 square foot detached single family dwelling on that
parcel. The State Housing Council shall adopt rules prescribing
the form to be used when preparing the estimate and other such
rules necessary to the implementation of { - chapter 652,
Oregon Laws 1995 - } { + this section and ORS 183.530 and
183.538 + }.
(2) A housing cost impact statement:
(a) For an agency listed in ORS 183.530 shall be incorporated
in the:
(A) Fiscal impact statement required by ORS 183.335 (2)(b)(E)
for permanent rule adoption; or
(B) Statements required by ORS 183.335 (5) for temporary rule
adoption.
(b) Shall not be required for the adoption of any procedural
rule by an agency listed in ORS 183.530.
{ + NOTE: + } Inserts appropriate section numbers of codified
law.
SECTION 55. ORS 188.015 is amended to read:
188.015. The Secretary of State shall adopt rules the secretary
considers necessary in carrying out the secretary's
reapportionment duties under ORS 188.010 to { - 188.245 - }
{ + 188.265 + } and section 6, Article IV of the Oregon
Constitution.
{ + NOTE: + } Corrects series reference.
SECTION 56. { + ORS 188.130 is repealed. + }
{ + NOTE: + } Repeals section held unconstitutional by U.S.
District Court.
Enrolled House Bill 2509 (HB 2509-B) Page 59
SECTION 57. ORS 197.455 is amended to read:
197.455. (1) A destination resort shall be sited on lands
mapped as eligible for destination resort siting by the affected
county. A map adopted by a county shall not allow destination
resorts approved pursuant to ORS 197.435 to 197.467 to be sited
in any of the following areas:
(a) Within 24 air miles of an urban growth boundary with an
existing population of 100,000 or more unless residential uses
are limited to those necessary for the staff and management of
the resort.
(b)(A) On a site with 50 or more contiguous acres of unique or
prime farmland identified and mapped by the United States
{ - Soil Conservation Service - } { + Natural Resources
Conservation Service, or its successor agency + }.
(B) On a site within three miles of a high value crop area
unless the resort complies with the requirements of ORS 197.445
(6) in which case the resort shall not be closer to a high value
crop area than one-half mile for each 25 units of overnight
lodging or fraction thereof.
(c) On predominantly Cubic Foot Site Class 1 or 2 forestlands
as determined by the State Forestry Department, which are not
subject to an approved goal exception.
(d) In the Columbia River Gorge National Scenic Area as defined
by the Columbia River Gorge National Scenic Act, P.L. 99-663.
(e) In an especially sensitive big game habitat area as
determined by the State Department of Fish and Wildlife in July
1984 or as designated in an acknowledged comprehensive plan.
(2) In carrying out subsection (1) of this section, a county
shall adopt, as part of its comprehensive plan, a map consisting
of eligible lands within the county. The map shall be based on
reasonably available information, and shall not be subject to
revision or refinement after adoption, except in connection with
periodic review. A map adopted pursuant to this section shall be
the sole basis for determining whether tracts of land are
eligible for destination resort siting pursuant to ORS 197.435 to
197.467.
{ + NOTE: + } Corrects reference to federal agency.
SECTION 58. ORS 205.242 is amended to read:
205.242. (1) Except as provided in subsection (2) of this
section, in every county, the office of the county clerk shall
receive and certify, as required by ORS 93.620, instruments
presented for recording for a minimum of six hours between the
hours of 9 a.m. { - to - } { + and + } 4 p.m., including the
first hour and the last hour, on every day except Saturdays,
Sundays and other holidays.
(2) The provisions of this section may be modified for a fiscal
year by the county governing body upon adoption of a resolution
in which it determines in its discretion that a fiscal emergency
exists. A resolution adopted under this subsection may be
renewed, amended or repealed. Hours of recording shall not be
reduced under the resolution to any extent greater than the
reductions for other nonemergency county services housed within
the same building.
{ + NOTE: + } Corrects grammar.
SECTION 59. ORS 215.213 is amended to read:
215.213. (1) In counties that have adopted marginal lands
provisions under ORS 197.247 (1991 Edition), the following uses
may be established in any area zoned for exclusive farm use:
(a) Public or private schools, including all buildings
essential to the operation of a school.
(b) Churches and cemeteries in conjunction with churches.
Enrolled House Bill 2509 (HB 2509-B) Page 60
(c) The propagation or harvesting of a forest product.
(d) Utility facilities necessary for public service, except
commercial facilities for the purpose of generating power for
public use by sale and transmission towers over 200 feet in
height.
(e) A dwelling on real property used for farm use if the
dwelling is:
(A) Located on the same lot or parcel as the dwelling of the
farm operator; and
(B) Occupied by a relative, which means grandparent,
grandchild, parent, child, brother or sister of the farm operator
or the farm operator's spouse, whose assistance in the management
of the farm use is or will be required by the farm operator.
(f) Nonresidential buildings customarily provided in
conjunction with farm use.
(g) A dwelling customarily provided in conjunction with farm
use if the dwelling is on a lot or parcel that is managed as part
of a farm operation not smaller than the minimum lot size in a
farm zone with a minimum lot size acknowledged under ORS 197.251.
(h) Operations for the exploration for and production of
geothermal resources as defined by ORS 522.005 and oil and gas as
defined by ORS 520.005, including the placement and operation of
compressors, separators and other customary production equipment
for an individual well adjacent to the wellhead. Any activities
or construction relating to such operations shall not be a basis
for an exception under ORS 197.732 (1)(a) or (b).
(i) Operations for the exploration for minerals as defined by
ORS 517.750. Any activities or construction relating to such
operations shall not be a basis for an exception under ORS
197.732 (1)(a) or (b).
(j) A site for the disposal of solid waste that has been
ordered to be established by the Environmental Quality Commission
under ORS 459.049, together with equipment, facilities or
buildings necessary for its operation.
(k) One manufactured dwelling in conjunction with an existing
dwelling as a temporary use for the term of a hardship suffered
by the existing resident or a relative of the resident.
(L) The breeding, kenneling and training of greyhounds for
racing in any county over 200,000 in population in which there is
located a greyhound racing track or in a county of over 200,000
in population contiguous to such a county.
(m) Climbing and passing lanes within the right of way existing
as of July 1, 1987.
(n) Reconstruction or modification of public roads and
highways, including the placement of utility facilities overhead
and in the subsurface of public roads and highways along the
public right of way, but not including the addition of travel
lanes, where no removal or displacement of buildings would occur,
or no new land parcels result.
(o) Temporary public road and highway detours that will be
abandoned and restored to original condition or use at such time
as no longer needed.
(p) Minor betterment of existing public road and highway
related facilities, such as maintenance yards, weigh stations and
rest areas, within right of way existing as of July 1, 1987, and
contiguous public-owned property utilized to support the
operation and maintenance of public roads and highways.
(q) A replacement dwelling to be used in conjunction with farm
use if the existing dwelling has been listed in a county
inventory as historic property as defined in ORS 358.480.
(r) Seasonal farmworker housing as defined in ORS 197.675.
Enrolled House Bill 2509 (HB 2509-B) Page 61
(s) Creation of, restoration of or enhancement of wetlands.
(t) A winery, as described in ORS 215.452.
(u) Alteration, restoration or replacement of a lawfully
established dwelling that:
(A) Has intact exterior walls and roof structure;
(B) Has indoor plumbing consisting of a kitchen sink, toilet
and bathing facilities connected to a sanitary waste disposal
system;
(C) Has interior wiring for interior lights;
(D) Has a heating system; and
(E) In the case of replacement, is removed, demolished or
converted to an allowable nonresidential use within three months
of the completion of the replacement dwelling.
(v) Farm stands, if:
(A) The structures are designed and used for the sale of farm
crops and livestock grown on farms in the local agricultural
area, including the sale of retail incidental items, if the sales
of the incidental items make up no more than 25 percent of the
total sales of the farm stand; and
(B) The farm stand does not include structures designed for
occupancy as a residence or for activities other than the sale of
farm crops and livestock and does not include structures for
banquets, public gatherings or public entertainment.
(w) An armed forces reserve center, if the center is within
one-half mile of a community college. For purposes of this
paragraph, 'armed forces reserve center' includes an armory or
National Guard support facility.
(2) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), the following uses may be
established in any area zoned for exclusive farm use subject to
ORS 215.296:
(a) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot if the farm
operation or woodlot:
(A) Consists of 20 or more acres; and
(B) Is not smaller than the average farm or woodlot in the
county producing at least $2,500 in annual gross income from the
crops, livestock or forest products to be raised on the farm
operation or woodlot.
(b) A dwelling in conjunction with farm use or the propagation
or harvesting of a forest product on a lot or parcel that is
managed as part of a farm operation or woodlot smaller than
required under paragraph (a) of this subsection, if the lot or
parcel:
(A) Has produced at least $20,000 in annual gross farm income
in two consecutive calendar years out of the three calendar years
before the year in which the application for the dwelling was
made or is planted in perennials capable of producing upon
harvest an average of at least $20,000 in annual gross farm
income; or
(B) Is a woodlot capable of producing an average over the
growth cycle of $20,000 in gross annual income.
(c) Commercial activities that are in conjunction with farm
use.
(d) Operations conducted for:
(A) Mining and processing of geothermal resources as defined by
ORS 522.005 and oil and gas as defined by ORS 520.005, not
otherwise permitted under subsection (1)(h) of this section;
(B) Mining, crushing or stockpiling of aggregate and other
mineral and other subsurface resources subject to ORS 215.298;
Enrolled House Bill 2509 (HB 2509-B) Page 62
(C) Processing, as defined by ORS 517.750, of aggregate into
asphalt or portland cement; and
(D) Processing of other mineral resources and other subsurface
resources.
(e) Community centers owned and operated by a governmental
agency or a nonprofit community organization, hunting and fishing
preserves, parks, playgrounds and campgrounds.
(f) Golf courses.
(g) Commercial utility facilities for the purpose of generating
power for public use by sale.
(h) Personal-use airports for airplanes and helicopter pads,
including associated hangar, maintenance and service facilities.
A personal-use airport as used in this section means an airstrip
restricted, except for aircraft emergencies, to use by the owner,
and, on an infrequent and occasional basis, by invited guests,
and by commercial aviation activities in connection with
agricultural operations. No aircraft may be based on a
personal-use airport other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by the
Department of Transportation in specific instances. A
personal-use airport lawfully existing as of September 13, 1975,
shall continue to be permitted subject to any applicable rules of
the Department of Transportation.
(i) A facility for the primary processing of forest products,
provided that such facility is found to not seriously interfere
with accepted farming practices and is compatible with farm uses
described in ORS 215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These facilities are
intended to be only portable or temporary in nature. The primary
processing of a forest product, as used in this section, means
the use of a portable chipper or stud mill or other similar
methods of initial treatment of a forest product in order to
enable its shipment to market. Forest products, as used in this
section, means timber grown upon a parcel of land or contiguous
land where the primary processing facility is located.
(j) A site for the disposal of solid waste approved by the
governing body of a city or county or both and for which a permit
has been granted under ORS 459.245 by the Department of
Environmental Quality together with equipment, facilities or
buildings necessary for its operation.
(k) Dog kennels not described in subsection (1)(L) of this
section.
(L) Residential homes as defined in ORS 197.660, in existing
dwellings.
(m) The propagation, cultivation, maintenance and harvesting of
aquatic species.
(n) Home occupations as provided in ORS 215.448.
(o) Transmission towers over 200 feet in height.
(p) Construction of additional passing and travel lanes
requiring the acquisition of right of way but not resulting in
the creation of new land parcels.
(q) Reconstruction or modification of public roads and highways
involving the removal or displacement of buildings but not
resulting in the creation of new land parcels.
(r) Improvement of public road and highway related facilities
such as maintenance yards, weigh stations and rest areas, where
additional property or right of way is required but not resulting
in the creation of new land parcels.
Enrolled House Bill 2509 (HB 2509-B) Page 63
(s) A destination resort which is approved consistent with the
requirements of any statewide planning goal relating to the
siting of a destination resort.
(t) Room and board arrangements for a maximum of five unrelated
persons in existing residences.
(u)(A) A living history museum related to resource based
activities owned and operated by a governmental agency or a local
historical society, together with limited commercial activities
and facilities that are directly related to the use and enjoyment
of the museum and located within authentic buildings of the
depicted historic period or the museum administration building,
if areas other than an exclusive farm use zone cannot accommodate
the museum and related activities or if the museum administration
buildings and parking lot are located within one quarter mile of
the metropolitan urban growth boundary.
(B) As used in this paragraph:
(i) 'Living history museum' means a facility designed to depict
and interpret everyday life and culture of some specific historic
period using authentic buildings, tools, equipment and people to
simulate past activities and events; and
(ii) 'Local historical society' means the local historical
society, recognized as such by the county governing body and
organized under ORS chapter 65.
(3) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), a single-family residential
dwelling not provided in conjunction with farm use may be
established on a lot or parcel with soils predominantly in
capability classes IV through VIII as determined by the
Agricultural Capability Classification System in use by the
United States Department of Agriculture Soil Conservation Service
on October 15, 1983. A proposed dwelling is subject to approval
of the governing body or its designate in any area zoned for
exclusive farm use upon written findings showing all of the
following:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use.
(b) The dwelling is situated upon generally unsuitable land for
the production of farm crops and livestock, considering the
terrain, adverse soil or land conditions, drainage and flooding,
location and size of the tract. A lot or parcel shall not be
considered unsuitable solely because of its size or location if
it can reasonably be put to farm use in conjunction with other
land.
(c) Complies with such other conditions as the governing body
or its designate considers necessary.
(4) In counties that have adopted marginal lands provisions
under ORS 197.247 (1991 Edition), one single-family dwelling, not
provided in conjunction with farm use, may be established in any
area zoned for exclusive farm use on a lot or parcel described in
subsection (7) of this section that is not larger than three
acres upon written findings showing:
(a) The dwelling or activities associated with the dwelling
will not force a significant change in or significantly increase
the cost of accepted farming practices on nearby lands devoted to
farm use;
(b) If the lot or parcel is located within the Willamette { +
River + } Greenway, a floodplain or a geological hazard area, the
dwelling complies with conditions imposed by local ordinances
relating specifically to the Willamette { + River + } Greenway,
Enrolled House Bill 2509 (HB 2509-B) Page 64
floodplains or geological hazard areas, whichever is applicable;
and
(c) The dwelling complies with other conditions considered
necessary by the governing body or its designate.
(5) Upon receipt of an application for a permit under
subsection (4) of this section, the governing body shall notify:
(a) Owners of land that is within 250 feet of the lot or parcel
on which the dwelling will be established; and
(b) Persons who have requested notice of such applications and
who have paid a reasonable fee imposed by the county to cover the
cost of such notice.
(6) The notice required in subsection (5) of this section shall
specify that persons have 15 days following the date of postmark
of the notice to file a written objection on the grounds only
that the dwelling or activities associated with it would force a
significant change in or significantly increase the cost of
accepted farming practices on nearby lands devoted to farm use.
If no objection is received, the governing body or its designate
shall approve or disapprove the application. If an objection is
received, the governing body shall set the matter for hearing in
the manner prescribed in ORS 215.402 to 215.438. The governing
body may charge the reasonable costs of the notice required by
subsection (5)(a) of this section to the applicant for the permit
requested under subsection (4) of this section.
(7) Subsection (4) of this section applies to a lot or parcel
lawfully created between January 1, 1948, and July 1, 1983. For
the purposes of this section:
(a) Only one lot or parcel exists if:
(A) A lot or parcel described in this section is contiguous to
one or more lots or parcels described in this section; and
(B) On July 1, 1983, greater than possessory interests are held
in those contiguous lots, parcels or lots and parcels by the same
person, spouses or a single partnership or business entity,
separately or in tenancy in common.
(b) 'Contiguous' means lots, parcels or lots and parcels that
have a common boundary, including but not limited to, lots,
parcels or lots and parcels separated only by a public road.
(8) A person who sells or otherwise transfers real property in
an exclusive farm use zone may retain a life estate in a dwelling
on that property and in a tract of land under and around the
dwelling.
(9) No final approval of a nonfarm use under this section shall
be given unless any additional taxes imposed upon the change in
use have been paid.
(10) Roads, highways and other transportation facilities and
improvements not allowed under subsections (1) and (2) of this
section may be established, subject to the approval of the
governing body or its designate, in areas zoned for exclusive
farm use subject to:
(a) Adoption of an exception to the goal related to
agricultural lands and to any other applicable goal with which
the facility or improvement does not comply; or
(b) ORS 215.296 for those uses identified by rule of the Land
Conservation and Development Commission as provided in section 3,
chapter 529, Oregon Laws 1993.
{ + NOTE: + } Clarifies name of greenway in (4)(b).
SECTION 60. ORS 215.317 is amended to read:
215.317. (1) A county may allow the following uses to be
established on land designated as marginal land under ORS 197.247
(1991 Edition):
Enrolled House Bill 2509 (HB 2509-B) Page 65
(a) Intensive farm or forest operations, including but not
limited to 'farm use' as defined in ORS 215.203.
(b) Part-time farms.
(c) Woodlots.
(d) One single-family dwelling on a lot or parcel created under
ORS 215.327 (1) or (2).
(e) One single-family dwelling on a lot or parcel of any size
if the lot or parcel was created before July 1, 1983, subject to
subsection (2) of this section.
(f) The nonresidential uses authorized in exclusive farm use
zones under ORS 215.213 (1) and (2).
(g) One manufactured dwelling in conjunction with an existing
dwelling as a temporary use for the term of a hardship suffered
by the existing resident or a relative of the resident.
(2) If a lot or parcel described in subsection (1)(e) of this
section is located within the Willamette { + River + } Greenway,
a floodplain or a geological hazard area, approval of a
single-family dwelling shall be subject to local ordinances
relating to the Willamette { + River + } Greenway, floodplains
or geological hazard areas, whichever is applicable.
{ + NOTE: + } Clarifies name of greenway.
SECTION 61. ORS 215.452 is amended to read:
215.452. (1) A winery, authorized under ORS 215.213 (1)(t) and
215.283 (1)(r), is a facility that produces wine with a maximum
annual production of:
(a) Less than 50,000 gallons and that:
(A) Owns an on-site vineyard of at least 15 acres;
(B) Owns a contiguous vineyard of at least 15 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 15 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph; or
(b) At least 50,000 gallons and no more than 100,000 gallons
and that:
(A) Owns an on-site vineyard of at least 40 acres;
(B) Owns a contiguous vineyard of at least 40 acres;
(C) Has a long-term contract for the purchase of all of the
grapes from at least 40 acres of a vineyard contiguous to the
winery; or
(D) Obtains grapes from any combination of subparagraph (A),
(B) or (C) of this paragraph.
(2) The winery described in subsection (1)(a) or (b) of this
section shall allow only the sale of:
(a) Wines produced in conjunction with the winery; and
(b) Items directly related to wine, the sales of which are
incidental to retail sale of wine on-site. Such items include
those served by a limited service restaurant, as defined in ORS
624.010.
(3) Prior to the issuance of a permit to establish a winery
under this section, the applicant shall show that vineyards,
described in subsection (1)(a) and (b) of this section, have been
planted or that the contract has been executed, as applicable.
(4) A local government shall adopt findings for each of the
standards described in paragraphs (a) and (b) of this subsection.
Standards imposed on the siting of a winery shall be limited
solely to each of the following for the sole purpose of limiting
demonstrated conflicts with accepted farming or forest practices
on adjacent lands:
Enrolled House Bill 2509 (HB 2509-B) Page 66
(a) Establishment of a setback, not to exceed 100 feet, from
all property lines for the winery and all public gathering
places; and
(b) Provision of direct road access, internal circulation and
parking.
(5) A local government shall also apply local criteria
regarding flood plains, geologic hazards, the Willamette
{ + River + } Greenway, solar access, airport safety or other
regulations for resource protection acknowledged to comply with
any statewide goal respecting open spaces, scenic and historic
areas and natural resources.
{ + NOTE: + } Clarifies name of greenway.
SECTION 62. ORS 223.208 is amended to read:
223.208. (1) Subject to subsection { - (3) - } { + (2) + }
of this section, the rights and duties accorded governmental
units and the owners of property for financing and assessments
under ORS 223.205 to 223.775 shall apply to the following:
(a) A systems development charge designed to finance the
construction, extension or enlargement of a street, community
water supply, storm sewer or sewerage or disposal system as
defined in ORS 199.464 imposed by a governmental unit as a
condition to issuance of any occupancy permit or imposed by a
governmental unit at such other time as, by ordinance, it may
determine.
(b) That portion of a connection charge imposed by a
governmental unit which is greater than the amount necessary to
reimburse the unit for its costs of inspection and installing
connections with system mains.
(2) Notwithstanding ORS 223.230, the financing of systems
development or connection charges under this section may, at the
option of the governing body, be a second lien on real property,
which lien shall be inferior only to the mortgage or other
security interest held by the lender of the owner's purchase
money. Bonds issued under this subsection shall be issued
separately from bonds otherwise issued under ORS 223.205 to
223.775 and shall comply with all applicable federal regulations.
{ + NOTE: + } Corrects subsection reference.
SECTION 63. { + Notwithstanding any other provision of law,
ORS 237.410 to 237.980 shall not be considered to have been added
to or made a part of ORS chapter 237 or 238. + }
{ + NOTE: + } Revises statutory structure to remove sections
from inappropriate series.
SECTION 64. ORS 238.005 is amended to read:
238.005. For purposes of this chapter:
(1) The term 'annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(2) The term 'calendar year' means 12 calendar months
commencing on January 1 and ending on December 31 following.
(3) The term 'continuous service' means service not interrupted
for more than five years, except that such continuous service
shall be computed without regard to interruptions in the case of:
(a) An employee who had returned to the service of the employer
as of January 1, 1945, and who remained in that employment until
having established membership in the Public Employes' Retirement
System.
(b) An employee who was in the armed services on January 1,
1945, and returned to the service of the employer within one year
of the date of being otherwise than dishonorably discharged and
remained in that employment until having established membership
in the Public Employes' Retirement System.
Enrolled House Bill 2509 (HB 2509-B) Page 67
(4) The term 'creditable service' means any period of time
during which an active member is being paid a salary by a
participating public employer and contributions are being made to
the system either by or on behalf of the member. For purposes of
computing years of 'creditable service,' full months and major
fractions of a month shall be considered to be one-twelfth of a
year and shall be added to all full years. 'Creditable service '
includes all retirement credit received by a member.
(5) The term 'employee' includes, in addition to employees,
public officers, but does not include:
(a) Persons engaged as independent contractors.
(b) Seasonal, emergency or casual workers whose periods of
employment with any public employer or public employers do not
total 600 hours in any calendar year.
(c) Persons, other than workers in the Oregon Industries for
the Blind under ORS 346.190, provided sheltered employment or
made-work by a public employer in an employment or industries
program maintained for the benefit of such persons.
(d) Persons employed and paid from federal funds received under
the Emergency Job and Unemployment Assistance Act of 1974 (Public
Law 93-567) or any other federal program intended primarily to
alleviate unemployment. However, any such person shall be
considered an 'employee' if not otherwise excluded by paragraphs
(a) to (c) of this subsection and the public employer elects to
have the person so considered by an irrevocable written notice to
the board.
(e) Persons who are employees of a railroad, as defined in ORS
824.020, and who, as such employees, are included in a retirement
plan under federal railroad retirement statutes. This paragraph
shall be deemed to have been in effect since the inception of the
system.
(6) The term 'fiscal year' means 12 calendar months commencing
on July 1 and ending on June 30 following.
(7)(a) The term 'member' means a person who has established
membership in the system and whose membership has not been
terminated as described in ORS 238.095. 'Member' includes active,
inactive and retired members.
(b) 'Active member' means a member who is presently employed by
a participating public employer in a position that meets the
requirements of ORS 238.015 (4), and who has completed the
six-month period of service required by ORS 238.015.
(c) 'Inactive member' means a member who is absent from the
service of all employers participating in the system, whose
membership has not been terminated in the manner described by ORS
238.095, and who is not retired for service or disability. '
Inactive member' includes a member who would be an active member
except that the person's only employment with a participating
public employer is in a position that does not meet the
requirements of ORS 238.015 (4).
(d) 'Retired member' means a member who is retired for service
or disability.
(8) The term 'pension' means annual payments for life derived
from contributions by one or more public employers.
(9) The term 'public employer' means the state, one of its
agencies, any city, county, municipal or public corporation, any
political subdivision of the state or any instrumentality
thereof, or an agency created by two or more such political
subdivisions to provide themselves governmental services. For
purposes of this chapter, such agency created by two or more
political subdivisions is a governmental instrumentality and a
Enrolled House Bill 2509 (HB 2509-B) Page 68
legal entity with power to enter into contracts, hold property
and sue and be sued.
(10) The term 'retirement credit' means a period of time that
is treated as creditable service for the purposes of this
chapter.
(11)(a) The term 'salary' means the remuneration paid an
employee in cash out of the funds of a public employer in return
for services to the employer, plus the monetary value, as
determined by the Public Employes' Retirement Board, of whatever
living quarters, board, lodging, fuel, laundry and other
advantages the employer furnishes the employee in return for
services.
(b) 'Salary' includes but is not limited to:
(A) Payments of employee and employer money into a deferred
compensation plan, which are deemed salary paid in each month of
deferral;
(B) The amount of participation in a tax-sheltered or deferred
annuity, which is deemed salary paid in each month of
participation; and
(C) Retroactive payments made to an employee to correct a
clerical error or pursuant to an award by a court or by order of
or a conciliation agreement with an administration agency charged
with enforcing federal or state law protecting the employee's
rights to employment or wages, which shall be allocated to and
deemed paid in the periods in which the work was done or in which
it would have been done.
(c) 'Salary' or 'other advantages' does not include:
(A) Travel or any other expenses incidental to employer's
business which is reimbursed by the employer;
(B) Payments for insurance coverage by an employer on behalf of
employee or employee and dependents, for which the employee has
no cash option;
(C) Payments made on account of an employee's death;
(D) Any lump sum payment for accumulated unused sick leave;
(E) Any accelerated payment of an employment contract for a
future period or an advance against future wages;
(F) Any retirement incentive, retirement severance pay,
retirement bonus or retirement gratuitous payment;
(G) Payments for periods of leave of absence after the date the
employer and employee have agreed that no future services
qualifying pursuant to ORS 238.015 (3) will be performed, except
for sick leave and vacation; or
(H) Payments for instructional services rendered to
institutions of the Department of Higher Education or the Oregon
Health Sciences University when such services are in excess of
full-time employment subject to this chapter. A person employed
under a contract for less than 12 months is subject to this
subparagraph only for the months to which the contract pertains.
(12) The term 'volunteer firefighter' means a firefighter whose
position normally requires less than 600 hours of service per
year.
(13) The term 'school year' means the period beginning July 1
and ending June 30 next following.
(14) The term 'police officer' includes:
(a) Employees of institutions defined in ORS 421.005 as
Department of Corrections institutions, whose duties, as assigned
by the director, include the custody of persons committed to the
custody of or transferred to the Department of Corrections and
any other employee of the Department of Corrections who was
classified as a police officer on or before July 27, 1989,
whether or not such classification was authorized by law.
Enrolled House Bill 2509 (HB 2509-B) Page 69
(b) Employees of the Department of State Police who are
classified as police officers by the Superintendent of State
Police.
(c) Employees of the Oregon Liquor Control Commission who are
classified as enforcement officers by the administrator of the
commission.
(d) Sheriffs and those deputy sheriffs or other employees of a
sheriff whose duties, as classified by the sheriff, are the
regular duties of police officers or corrections officers.
(e) Police chiefs and police personnel of a city who are
classified as police officers by the council or other governing
body of the city.
(f) Parole and probation officers employed by the Department of
Corrections and parole and probation officers who are transferred
to county employment under ORS 423.550.
(g) Police officers appointed under ORS 276.021 or 276.023.
(h) Employees of the Port of Portland who are classified as
airport police by the Board of Commissioners of the Port of
Portland.
(i) Employees of the State Department of Agriculture who are
classified as livestock police officers by the Director of
Agriculture.
(j) Employees of the Board on Public Safety Standards and
Training who are classified by the board as other than
secretarial or clerical personnel.
(k) Investigators of the Criminal Justice Division of the
Department of Justice.
(L) Corrections officers as defined in ORS 181.610.
(m) Employees of the Oregon State Lottery Commission who are
classified by the Director of the Oregon State Lottery as
enforcement agents pursuant to ORS 461.110.
(n) The Director of the Department of Corrections.
(o) An employee who for seven consecutive years has been
classified as a police officer as defined by this section, and
who is employed or transferred by the Department of Corrections
to fill a position designated by the director as being eligible
for police officer status.
(p) An employee of the Department of Corrections classified as
a police officer on or prior to July 27, 1989, whether or not
that classification was authorized by law, so long as the
employee remains in the position held on July 27, 1989. The
initial classification of an employee under a system implemented
pursuant to ORS 240.190 will not affect police officer status.
(q) Employees of a school district who are appointed and duly
sworn members of a law enforcement agency of the district as
provided in ORS 332.531 or otherwise employed full time as police
officers commissioned by the district.
(r) Employees at the MacLaren School { - for Boys - } ,
Hillcrest School of Oregon and other youth correction facilities
and juvenile detention facilities under ORS 419A.050, 419A.052
and 420.005 to 420.915, who are required to hold valid Oregon
teaching licenses and who have supervisory, control or teaching
responsibilities over juveniles committed to the custody of the
Department of Corrections or { - Children's Services
Division - } { + the Oregon Youth Authority + }.
(s) Employees at youth correction facilities as defined in ORS
420.005 whose primary job description involves the custody,
control, treatment, investigation or supervision of juveniles
placed in such facilities.
(t) Employees of the { - Children's Services Division of the
Department of Human Resources - } { + Oregon Youth
Enrolled House Bill 2509 (HB 2509-B) Page 70
Authority + } who are classified as juvenile parole and probation
officers.
(15) The term 'final average salary' means whichever of the
following is greater:
(a) The average salary per calendar year paid by a public
employer to an employee who is an active member of the system in
three of the calendar years of membership before the effective
date of retirement of the employee, in which three years the
employee was paid the highest salary; or if the number of
calendar years of active membership before the effective date of
retirement of the employee is three or less, in all of those
years.
(b) One-third of the total salary paid by a public employer to
an employee who is an active member of the system in the last 36
calendar months of active membership before the effective date of
retirement of the employee.
(16) The term 'firefighter' does not include a volunteer
firefighter as defined in subsection (12) of this section, but
does include the State Fire Marshal, the chief deputy fire
marshal and deputy state fire marshals.
(17) 'Earliest service retirement age' means the age attained
by a member when the member could first make application for
retirement under the provisions of ORS 238.280.
(18) The term 'normal retirement age' means:
(a) For a person who establishes membership in the system
before January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 58 years of age if the employee retires at that
age as other than a police officer or firefighter.
(b) For a person who establishes membership in the system on or
after January 1, 1996, as described in ORS 238.430, 55 years of
age if the employee retires at that age as a police officer or
firefighter or 60 years of age if the employee retires at that
age as other than a police officer or firefighter.
{ + NOTE: + } Corrects references to school and state agency
in (14).
SECTION 65. ORS 238.015 is amended to read:
238.015. No person may become a member of the system unless
that person is in the service of a public employer and has
completed six months' service uninterrupted by more than 30
consecutive working days during the six months' period. Every
employee of a participating employer shall become a member of the
system at the beginning of the first full pay period of the
employee following the six months' period. All public employers
participating in the Public Employes' Retirement System
established by chapter 401, Oregon Laws 1945, as amended, at the
time of repeal of that chapter, and all school districts of the
state, shall participate in, and their employees shall be members
of, the system, except as follows:
(1)(a) An employee who is a member of, or eligible for
membership in, a retirement system established by a public
employer prior to April 8, 1953, or who is a member of, or
eligible to membership in, an association established pursuant to
ORS chapter 239, may not become a member of the system
established by this chapter until the previously established
system or the system of the association is integrated with the
system established by this chapter pursuant to the procedure
provided by ORS 238.680. As a member of the system established by
this chapter an employee shall receive no retirement credit
during such time as the employee heretofore excluded or hereafter
excludes the employee from the previously established system or
Enrolled House Bill 2509 (HB 2509-B) Page 71
from the association, and shall receive only such retirement
credit during the time the employee is a member of the previously
established system or of the association as the contract of
integration provides, except that any teacher who has been
continuously employed by a school district of this state from
July 1, 1929, to July 1, 1951, in which an association has been
established pursuant to ORS chapter 239, and who has not been a
member of such association at any time from July 1, 1929, to
September 1, 1953, shall receive credit for prior service as
provided by ORS 238.225 upon payment prior to December 1, 1953,
to the board by such teacher of such contributions as would have
been deducted from the salary of the teacher from July 1, 1946,
to the date of becoming a member of this system if the teacher
had become a member of this system on July 1, 1946, and the
school district by which said teacher is employed shall transmit
to the board, at such time as the board designates, such sums as
the school district would have been required to transmit under
the provisions of ORS 238.225 if such teacher had become a member
of this system on July 1, 1946, and, upon such payments, such
teacher shall be deemed to have been a member of the system
established by this chapter for the purposes of this chapter
continuously from July 1, 1946.
(b) Notwithstanding paragraph (a) of this subsection, an
employee who is a member of, or eligible for membership in, an
association established pursuant to ORS chapter 239 shall become
a member of the system established by this chapter if the
employee has separated, for any reason other than death or
disability, from all service entitling the employee to membership
in the system of the association, and the employee shall receive
retirement credit under this chapter for the period of time the
employee was a member of an association established pursuant to
ORS chapter 239 upon payment to the Public Employes' Retirement
Board of all amounts in the individual account of the employee
established pursuant to ORS chapter 239. The payment by the
employee shall be deposited in the individual account of the
employee in the Public Employes' Retirement Fund. Upon such
payment by the employee, the school board which previously
employed the employee shall pay to the retirement board such sums
as may be determined by actuarial computation to fund the
retirement credit received by the employee. The school board may,
with the consent of the board, make payment in three equal annual
installments.
(c) Notwithstanding paragraph (a) of this subsection, an
employee who is a member of a retirement system established by a
public employer prior to April 8, 1953, shall become a member of
the system established by this chapter if the employee has
separated from all service entitling the employee to membership
in the retirement system established prior to April 8, 1953; but
the employee shall receive no retirement credit under this
chapter for the time the employee is a member of, or eligible for
membership in, the retirement system established prior to April
8, 1953. Furthermore, if the employee has been separated for
disability from service entitling the employee to membership in a
retirement system established prior to April 8, 1953, and is
receiving a disability benefit under such retirement system at
the time the employee becomes a member of the system established
by this chapter, the employee shall not receive any benefit under
this chapter for such disability.
(2) Any active member of the Public Employes' Retirement System
who, through the annexation of a political subdivision employing
the member or by change of employment, becomes the employee of
Enrolled House Bill 2509 (HB 2509-B) Page 72
another political subdivision which is participating in the
Public Employes' Retirement System and has also a separate
retirement system for its employees, shall remain an active
member of the Public Employes' Retirement System unless, within
60 days after the effective date of the annexation or change of
employment or April 8, 1953, the member shall by written notice
to the Public Employes' Retirement Board and to the
administrative body of the new public employer elect to
relinquish membership in the Public Employes' Retirement System
and become a member of the separate retirement system of the
employer, if eligible for membership in that retirement system,
and the member shall be so carried by the new employer.
Immediately upon such annexation of any political subdivision or
such change of employment, the new public employer shall inform
such employee in writing of the right of the employee to exercise
an election as in this section provided.
(3) A political subdivision (other than a school district) not
participating in the retirement system established by chapter
401, Oregon Laws 1945, as amended, which employs one or more
employees, each of whose position requires 600 hours of service
per year, or an agency created by two or more political
subdivisions to provide themselves governmental services, which
employs one or more employees, each of whose position requires
600 hours of service per year, may, through its governing body,
notify the board in writing, that it elects to include its
employees in the system hereby established. Such public employer
may request the board to make a study and estimate of the cost of
including it and its eligible employees, other than volunteer
firefighters, in the system, which the board thereupon shall
cause to be made and the cost of which the employer shall bear.
Upon completion of the study and estimate the employer may apply
for admission to the system, whereupon it shall begin to
participate therein and its eligible employees other than
volunteer firefighters shall become members of the system. If the
employer is an agency created by two or more political
subdivisions to provide themselves governmental services and
ceases thereafter to transmit to the board current service
contributions for any of its eligible employees, the benefits
based upon employer current service contributions to which such
employees would otherwise be entitled shall be reduced
accordingly.
(4) Except as subsection (7) of this section provides otherwise
with reference to volunteer firefighters, no employee whose
position with one public employer or concurrent positions with
two or more public employers normally require less than 600 hours
of service per year may become a member of the system.
(5) No inmate of a state institution or an alien on a training
or educational visa working for any participating employer, even
though the inmate or alien received compensation from a
participating employer, shall be eligible to become a member of
the system. No person employed by a participating employer and
defined by such employer as a student employee is eligible to
become a member of the system for such student employment.
(6) A person holding an elective office or an appointive office
with a fixed term or an office as head of a department to which
the person is appointed by the Governor may become a member of
the system by giving the board written notice of desire to do so
within 30 days after taking the office or, in the event that the
officer is not eligible to become a member of the system at the
time of taking the office, within 30 days after becoming so
eligible. Membership so established shall not be discontinued
Enrolled House Bill 2509 (HB 2509-B) Page 73
during the appointive or elective term of the officer except upon
separation of the officer from service.
(7) A public employer employing volunteer firefighters may
apply to the board at any time for them to become members of the
system. Upon receiving the application the board shall fix a wage
at which, for purposes of this chapter only, they shall be
considered to be employed and which shall be the basis for
computing the amounts of the contributions which they pay into,
and of the benefits which they and their beneficiaries receive
from, the fund; and if the wage so fixed is satisfactory to the
employer, shall include the firefighters in the system.
(8)(a) In the event that an employee enters the service of a
public employer which is participating in or later begins to
participate in the system and in the event that at the time of
entering that service or at the time that the employer begins to
participate in the system the employee has commenced to purchase
and is continuing to purchase a retirement annuity, if the
employer deems the annuity adequate for the purposes of this
chapter it may enter into an agreement with the employee and the
board pursuant to which the employee may be exempted from
contributing to the Public Employes' Retirement Fund, and, if no
public funds are being used to purchase the annuity or a
corresponding pension, the employer, in lieu of the contributions
which it otherwise would make to the fund on account of the
employee, may make contributions toward the cost of purchasing
the annuity. Such employee otherwise shall be subject to the
provisions of this chapter, except that neither the employee nor
any person claiming under the employee shall receive any payments
from the retirement fund as service or disability allowance.
(b) An employee who enters into an agreement under paragraph
(a) of this subsection may elect at any time thereafter to start
to participate in the system by giving written notice of desire
to participate to the board and to the employer. The employee
shall receive no retirement credit for the period during which
the employee was exempted from contributing to the fund under the
agreement, but the employee shall be considered to have completed
the six months' service required for membership in the system.
When the employee starts to participate in the system the
employer shall start to contribute to the fund on the account of
the employee in the same manner as the employer contributes on
the account of other employees who are active members of the
system and the employer shall stop making contributions toward
the cost of purchasing the retirement annuity.
(9)(a) All new appointees in the Federal Cooperative Extension
Service or in any other service in which participation in the
Federal Civil Service retirement program is mandatory, who
receive a federal appointment on or after July 1, 1955, may
participate in the Public Employes' Retirement System only by
giving written notice of their election to so participate to the
Public Employes' Retirement Board within six months after the
effective date of their appointment.
(b) All persons employed by the Federal Cooperative Extension
Service or by any other service in which participation in the
Federal Civil Service retirement program is mandatory, who are
under federal appointment as of July 1, 1955, and who are members
of the state retirement system, shall continue such membership
unless, prior to February 1, 1956, they give written notice to
the Public Employes' Retirement Board of their desire to cancel
their membership.
(c) Any person who is an active member of the Public Employes'
Retirement System, who, on or after July 1, 1955, is employed by
Enrolled House Bill 2509 (HB 2509-B) Page 74
the Federal Cooperative Extension Service or by any other service
in which participation in the Federal Civil Service retirement
program is mandatory, and who is given a federal appointment,
shall continue such membership in the Public Employes' Retirement
System unless, within six months after the effective date of the
appointment, the person gives written notice to the Public
Employes' Retirement Board of the desire to cancel membership.
(d) A cancellation of membership under paragraph (b) or (c) of
this subsection terminates membership in the Public Employes'
Retirement System and cancels the right to any benefits from, or
claims against, that system. Such cancellation prevents the
withdrawing member from claiming thereafter any retirement credit
for any period of employment before the cancellation. Upon
receipt of a notice of cancellation, the Public Employes'
Retirement Board shall refund to the withdrawing member,
regardless of age, the account balance of the employee in the
retirement fund.
(10) Managers and other employees of foreign trade offices of
the Economic Development Department who live and perform services
in foreign countries under the provisions of ORS 285.050 (14)
shall not be members of the system. However, any person who is an
active member of the system immediately before becoming a manager
or employee of a foreign trade office shall continue to be a
member of the system during the period of time the person serves
as a manager or employee of the foreign trade office.
(11) An employee who is an employee of the Oregon Health
Sciences University may not be an active member of the Public
Employes' Retirement System if that employee is participating in
an alternative retirement program established by the university
pursuant to ORS 353.250 { - (3) - } .
{ + NOTE: + } Reflects amendment of ORS 353.250 by deleting
subsection reference in (11).
SECTION 66. { + ORS 238.055 is added to and made a part of ORS
chapter 238. + }
{ + NOTE: + } Adds section to appropriate chapter series.
SECTION 67. ORS 238.300 is amended to read:
238.300. Upon retiring from service at normal retirement age or
thereafter a person who is a member of the system shall receive a
service retirement allowance which shall consist of the following
annuity and pensions:
(1) A refund annuity which shall be the actuarial equivalent of
accumulated contributions by the member and interest thereon
credited at the time of retirement, which annuity shall provide
an allowance payable during the life of the member and at death a
lump sum equal in amount to the difference between accumulated
contributions at the time of retirement and the sum of the
annuity payments actually made to the member during life shall be
paid to such person, if any, as the member nominates by written
designation duly acknowledged and filed with the board or shall
otherwise be paid according to the provisions of this chapter for
disposal of an amount credited to the account of a member at the
time of death in the event the member designates no beneficiary
to receive the amount or no such beneficiary is able to receive
the amount. If death of the member occurs before the first
payment is due, the account of the member shall be treated as
though death had occurred before retirement.
(2)(a) A life pension (nonrefund) for current service provided
by the contributions of employers, which pension, subject to
paragraph (b) of this subsection, shall be an amount which, when
added to the sum of the annuity under subsection (1) of this
section and the annuity, if any, provided on the same basis and
Enrolled House Bill 2509 (HB 2509-B) Page 75
payable from the Variable Annuity Account, both annuities
considered on a refund basis, results in a total of:
(A) For service as a police officer or firefighter, two percent
of final average salary multiplied by the number of years of
membership in the system as a police officer or firefighter
before the effective date of retirement.
(B) For service as a member of the Legislative Assembly, two
percent of final average salary multiplied by the number of years
of membership in the system as a member of the Legislative
Assembly before the effective date of retirement.
(C) For service as other than a police officer, firefighter or
member of the Legislative Assembly, 1.67 percent of final average
salary multiplied by the number of years of membership in the
system as other than a police officer, firefighter or member of
the Legislative Assembly before the effective date of retirement.
(b) A pension under this subsection shall be at least:
(A) The actuarial equivalent of the annuity provided by the
accumulated contributions of the member.
(B) For a member who made contributions before August 21, 1981,
the equivalent of a pension computed pursuant to this subsection
as it existed immediately before that date.
(c) As used in this subsection, 'number of years of membership'
means the number of full years plus any remaining fraction of a
year for which salary was paid and contributions to the Public
Employes' Retirement System made. Except as otherwise provided in
this paragraph, in determining a remaining fraction a full month
shall be considered as one-twelfth of a year and a major fraction
of a month shall be considered as a full month. Membership of a
school district employee, an employee of the State Board of
Higher Education engaged in teaching or other school activity at
an institution of higher education or an employee of the
Children's Services Division, { + the Oregon Youth
Authority, + } the Department of Corrections, the Mental Health
and Developmental Disability Services Division or the State Board
of Education engaged in teaching or other school activity at an
institution supervised by the { + authority, + } board,
department or division, for all portions of a school year in a
calendar year in which the district school, institution of higher
education or school activity at an institution so supervised in
which the member is employed is normally in session shall be
considered as a full one-half year of membership. The number of
years of membership of a member who received a refund of
contributions as provided in ORS 237.976 (2) is limited to the
number of years after the day before the date on which the refund
was received. The number of years of membership of a member who
is separated, for any reason other than death or disability, from
all service entitling the member to membership in the system, who
withdraws the amount credited to the account of the member in the
fund during absence from such service and who thereafter reenters
the service of an employer participating in the system but does
not repay the amount so withdrawn as provided in this chapter, is
limited to the number of years after the day before the date of
so reentering.
(3) An additional life pension (nonrefund) for prior service,
including military service, credited to the member at the time of
first becoming a member of the system, as elsewhere provided in
this chapter, which pension shall be provided by the prior
service contributions of the employer or, in case the member is
an employee of a school district, by a uniform rate of
contribution by all school districts.
{ + NOTE: + } Clarifies reference to state agency.
Enrolled House Bill 2509 (HB 2509-B) Page 76
SECTION 68. ORS 238.350 is amended to read:
238.350. (1)(a) Upon the request by a public employer that its
employees be compensated for accumulated unused sick leave with
pay in the form of increased retirement benefits upon service or
disability retirement, the board shall establish a procedure for
adding to the gross amount of salary used in determining final
average salary the monetary value of one-half of the accumulated
unused sick leave with pay of each retiring employee of the
requesting public employer and shall establish benefits of the
retiring employee on the basis of a final average salary
reflecting that addition.
(b) For employees of a common school district, a union high
school district, an education service district or a community
college, or employees of the State Board of Higher Education
engaged in teaching or other school activity at an institution of
higher education, or employees of MacLaren School { - for
Boys - } or Hillcrest School of Oregon or state schools for the
deaf or blind engaged in teaching or other school activity, who
are employed under contract for a period of less than 12
consecutive months and who are entitled to sick leave with pay of
less than 96 hours for a year, each hour of accumulated unused
sick leave with pay shall be valued on the basis of the actual
number of contract hours of employment during the last year of
contributing membership of an employee before retiring and the
salary of the employee during the same period. This paragraph
does not apply to any employee who is employed under contract for
12 consecutive months in any of the three or less years used in
determining the final average salary of the employee.
(c) For the purpose of this subsection, accumulated unused sick
leave with pay includes unused sick leave with pay accumulated by
an active member of the system while in the service of any public
employer participating in the system that has the request
described in paragraph (a) of this subsection in effect at the
time of the member's separation from the service of the employer,
whether that employer is or is not the employer of the member at
the time of the member's retirement.
(d) The board shall establish rules requiring all public
employers participating in the system to transmit to the board
reports of unused sick leave with pay accumulated by their
employees who are members of the system and to provide timely
notification to each of those employees of unused sick leave with
pay accumulated by the employee and reported to the board.
(2) Accumulated unused sick leave with pay may be considered
for the purpose of subsection (1) of this section only in
accordance with the following requirements:
(a) Sick leave not credited at the rate actually provided by
the public employer may not be considered. The amount of sick
leave exceeding an amount credited at the lowest rate in effect
for any employee of the public employer who is normally entitled
to sick leave, and in any event exceeding an amount credited at a
rate of eight hours for each full month worked, may not be
considered.
(b) Sick leave credited for periods when an employee was absent
from employment on sabbatical leave, educational leave or any
leave without pay may not be considered.
(c) Any period during which an employee was absent from
employment for illness or injury that was charged against sick
leave not qualified for consideration shall be deducted from sick
leave qualified for consideration.
Enrolled House Bill 2509 (HB 2509-B) Page 77
(d) Sick leave for any period for which the public employer
provides no sick leave with pay for its employees may not be
considered.
(e) Sick leave accumulated on and after July 1, 1973, may be
considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer.
(f) Accumulated unused sick leave for periods before July 1,
1973, may be considered as follows:
(A) If any department, bureau or other organizational unit of a
public employer maintained formal records of accumulation and use
even though the public employer did not require that those
records be maintained, the accumulated unused sick leave shall be
considered according to those records.
(B) Where the public employer provided sick leave before July
1, 1973, but formal records of accumulation and use were not
required or if required, are unavailable or incomplete, or the
sick leave was subject to administrative limitations on total
accumulation or transfer between public employers, accumulated
unused sick leave for periods before July 1, 1973, may be
considered as equal to 2.675 hours for each full month worked or
an amount per month equal to the average monthly accumulation by
an employee during the period beginning July 1, 1973, and ending
at the time of retirement, whichever amount is greater, but
reduced by the amount of any accumulated unused sick leave
credited to the employee on July 1, 1973.
(g) The written certification of a member or former member of
the Legislative Assembly shall constitute a formal record of
accumulation and use in determining the amount of accumulated
unused sick leave of an employee of the Legislative Assembly,
either of its houses or any of its committees or officers for
periods of employment before July 1, 1981. Sick leave accumulated
on and after July 1, 1981, by employees of the Legislative
Assembly, either of its houses or any of its committees or
officers may be considered only to the extent it is supported by
records of accumulation and use maintained by the Legislative
Administration Committee, or any statutory, standing, special or
interim committee of the Legislative Assembly or either house
thereof, or any constitutional or statutory office of the
Legislative Assembly or either house thereof, pursuant to a plan
adopted formally by the committee or officer.
(3)(a) As used in this subsection, 'legislative employee '
means any person employed by the Legislative Assembly, either of
its houses or any of its committees or officers, but does not
include a regular employee of a statutory committee or statutory
office of the Legislative Assembly described in ORS 173.005 (1).
(b) Upon the request of a retiring legislative employee who is
a member of the system, and the request of the public employer of
the legislative employee, that the legislative employee be
compensated for accumulated unused vacation with pay for periods
of legislative employment in the form of increased retirement
benefits upon service or disability retirement, the board shall
add to the gross amount of salary used in determining final
average salary of the legislative employee the monetary value of
one-half of the accumulated unused vacation with pay of the
legislative employee and shall establish the benefits of the
legislative employee on the basis of a final average salary
reflecting that addition.
(c) Accumulated unused vacation with pay may be considered for
the purposes of paragraph (b) of this subsection only in
accordance with the following requirements:
Enrolled House Bill 2509 (HB 2509-B) Page 78
(A) Vacation not credited at the rate actually provided by the
public employer may not be considered.
(B) Amounts of vacation exceeding amounts creditable to
employees in the classified service of the state service pursuant
to ORS 240.515 (1), and rules adopted pursuant thereto, in effect
on June 30, 1981, shall not be considered.
(C) Vacation accumulated before, on and after July 1, 1981, may
be considered only to the extent it is supported by records of
accumulation and use pursuant to a plan adopted formally by the
public employer. However, the written certification of a member
or former member of the Legislative Assembly shall constitute a
formal record of accumulation and use in determining the amount
of accumulated unused vacation of a legislative employee for
periods of legislative employment before July 1, 1981.
(4) Employers with plans providing payments on account of
sickness in lieu of sick leave with pay may request the board to
consider the monetary value of accumulated unused payments on
account of sickness as if such payments were an equivalent amount
of accumulated unused sick leave with pay under the same terms
and conditions specified in subsections (1) and (2) of this
section.
{ + NOTE: + } Corrects name of school in (1)(b).
SECTION 69. { + ORS 238.360 and 238.615 are added to and made
a part of ORS chapter 238. + }
{ + NOTE: + } Adds sections to appropriate chapter series.
SECTION 70. ORS 238.375 is amended to read:
238.375. (1) The increased benefits provided by ORS 238.380,
and by the amendments to ORS 238.365, 238.575, 238.580 and
section 14, chapter 796, Oregon Laws 1991, by sections 5, 6, 7
and 8, chapter 569, Oregon Laws 1995, are paid to members of the
Public Employes' Retirement System and their beneficiaries in
compensation for damages suffered by those members and
beneficiaries by reason of subjecting benefits paid pursuant to
{ - ORS 238.655 and 238.705 to 238.715 - } { + this
chapter + } to Oregon personal income taxation. The increased
benefits provided by chapter 569, Oregon Laws 1995, are intended
to provide full, complete and final payment of any claim of a
member of the system, or a beneficiary of a member, arising out
of the taxation of those benefits.
(2) Notwithstanding any other provision of sections 3 to 10,
chapter 569, Oregon Laws 1995, the increased benefits payable
under ORS 238.380, under ORS 238.365, 238.575 and 238.580, as
amended by sections 5, 6 and 7, chapter 569, Oregon Laws 1995,
and under section 14, chapter 796, Oregon Laws 1991, as amended
by section 8, chapter 569, Oregon Laws 1995, shall not be paid in
any tax year in which retirement benefits that are payable under
the Public Employes' Retirement System to a member of the system
or a beneficiary of a member, and that are attributable to
service rendered by the member before September 29, 1991, are
exempt in whole or part from Oregon personal income taxation. In
the event increased benefits under sections 3 to 10, chapter 569,
Oregon Laws 1995, are paid in a tax year in which the retirement
benefits that are payable to a member of the system or a
beneficiary of a member, and that are attributable to service
rendered by the member before September 29, 1991, are exempt in
whole or part from Oregon personal income taxation, the benefits
shall not be recoverable by the system, but the Public Employes'
Retirement Board shall ensure that no additional amounts are paid
under the provisions of sections 3 to 10, chapter 569, Oregon
Laws 1995.
Enrolled House Bill 2509 (HB 2509-B) Page 79
(3) No member of the system or beneficiary of a member of the
system shall acquire a right, contractual or otherwise, to the
increased benefits provided by sections 3 to 10, chapter 569,
Oregon Laws 1995.
(4) Notwithstanding any other provision of law, a class action
may not be commenced on or after July 14, 1995, based on a claim
for damages arising out of the subjecting of benefits paid
pursuant to { - ORS 238.655 and 238.705 to 238.715 - }
{ + this chapter + } to Oregon personal income taxation.
(5) The Public Employes' Retirement Board shall report the
increased benefits provided to members of the system, and to
beneficiaries of those members, under chapter 569, Oregon Laws
1995, under the provisions of chapter 796, Oregon Laws 1991, and
under section 26, chapter 815, Oregon Laws 1991, to each payee,
to the Internal Revenue Service, and to the Department of
Revenue, if that reporting is required by other law. The report
shall reflect the increased benefits provided to members of the
system, and to beneficiaries of those members, under chapter 569,
Oregon Laws 1995, under the provisions of chapter 796, Oregon
Laws 1991, and under section 26, chapter 815, Oregon Laws 1991,
separately from other benefits paid to members of the system and
the beneficiaries of those members. Reporting under this
subsection must be consistent with the characterization of those
benefits as being made in compensation for Oregon personal income
taxes assessed in breach of contract rights of members of the
system.
{ + NOTE: + } Corrects reference.
SECTION 71. ORS 238.700 is amended to read:
238.700. All provisions of ORS 238.655, 238.705, 238.710 and
238.715 hereby are made applicable for enforcement of the
requirements of ORS { - 238.005, 238.015, 238.025, 238.035,
238.045, 238.062, 238.068, 238.072, 238.074, 238.078, 238.082,
238.088, 238.095, 238.105, 238.115, 238.125, 238.135, 238.150,
238.155, 238.160, 238.165, 238.170, 238.200, 238.205, 238.210,
238.215, 238.225, 238.230, 238.250, 238.255, 238.265, 238.270,
238.280, 238.300, 238.305, 238.310, 238.315, 238.320, 238.325,
238.330, 238.335, 238.340, 238.355, 238.365, 238.370, 238.390,
238.395, 238.400, 238.425, 238.430, 238.435, 238.440, 238.445,
238.450, 238.455, 238.460, 238.465, 238.470, 238.475, 238.480,
238.500, 238.505, 238.515, 238.525, 238.535, 238.545, 238.555,
238.565, 238.575, 238.580, 238.600, 238.605, 238.610, 238.620,
238.625, 238.630, 238.640, 238.645, 238.650, 238.660, 238.665,
238.670, 238.680, 238.685, 238.690 and 238.750 - } { + chapter
238 + }.
{ + NOTE: + } Inserts appropriate chapter reference.
SECTION 72. ORS 239.002 is amended to read:
239.002. As used in this chapter, unless the context requires
otherwise:
(1) 'Active member' means a member of the association who has
not retired on account of age or disability.
(2) 'Annuity' means payments for life derived from
contributions made by a member as provided in this chapter.
(3) 'Association' means a teachers' retirement fund association
organized pursuant to this chapter in a school district as
defined in this section.
(4) 'Calendar year' means 12 calendar months commencing on
January 1 and ending on December 31 following.
(5) 'Continuous service' means service not interrupted for more
than five years, except that such continuous service shall be
computed without regard to interruptions in the case of:
Enrolled House Bill 2509 (HB 2509-B) Page 80
(a) A teacher who had returned to the service of the school
district as of January 1, 1945, and who remained in that
employment until July 1, 1946.
(b) A teacher who was in the Armed Services on January 1, 1945,
and returned to the school district within one year of the date
of being otherwise than dishonorably discharged and remained in
that employment until having established membership in the
Teachers' Retirement System.
(6) 'Fiscal year' means 12 calendar months commencing on July 1
and ending on June 30 following.
(7) 'Pension' means annual payments for life derived from
contributions by a school district as defined in this section.
(8) 'Public Employes' Retirement System' or 'Public Employes'
Retirement Act' means the provisions of ORS chapter 238.
(9) 'Public employer' means the same as that term is defined in
ORS 238.005.
(10) 'Salary' means the remuneration paid a teacher in cash out
of the funds of a school district in return for services to the
school district, plus the monetary value, as determined by the
board of trustees of the association with the approval of the
school board, of whatever living quarters, board, lodging, fuel,
laundry and other advantages the school district furnishes the
teacher in return for services. The definitions of 'salary' and '
other advantages' in ORS 238.005 { - (8)(b) and (c) - } are
applicable under this chapter to the extent pertinent under this
chapter.
(11) 'School board' means the board of directors of a school
district as defined in this section.
(12) 'School district' means any district having more than
10,000 children of school age.
(13) 'School year' means the period beginning July 1 and ending
June 30 next following.
(14) 'Teacher' includes all superintendents, assistant
superintendents, supervisors, principals, vice principals,
directors of departments, and instructors in the employ of school
districts as defined in this section pursuant to an election by
the school board for a period of one year or more.
{ + NOTE: + } Deletes incorrect subsection reference in (10).
SECTION 73. ORS 243.325 is amended to read:
243.325. For the purposes of this section { + and ORS 243.330
and 243.335 + }, 'public employee' means officers or employees,
classified, unclassified, exempt and nonexempt, of:
(1) State agencies.
(2) Community colleges.
(3) School districts and educational service districts.
(4) County governments.
(5) City governments.
(6) Districts as defined in ORS 255.012 and any other special
district.
{ + NOTE: + } Clarifies applicability of definition.
SECTION 74. ORS 243.335 is amended to read:
243.335. { + Public + } employees eligible for the benefits
authorized by ORS 243.325 to 243.335 are obligated to reimburse
the employer in full through monetary payment, with no interest
charge, or through hours worked equivalent to the number of hours
spent on athletic leave, or a combination of both. Full
reimbursement shall be accomplished at a time not later than 10
years following the last day the employee received benefits under
ORS 243.325 to 243.335.
{ + NOTE: + }Clarifies defined term.
SECTION 75. ORS 244.020 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 81
244.020. As used in this chapter, unless the context requires
otherwise:
(1) 'Actual conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which would be to the private
pecuniary benefit or detriment of the person or the person's
relative or any business with which the person or a relative of
the person is associated unless the pecuniary benefit or
detriment arises out of circumstances described in subsection
{ - (8)(a) to (c) - } { + (7) + } of this section.
(2) 'Business' means any corporation, partnership,
proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity
operated for economic gain but excluding any income-producing
not-for-profit corporation that is tax exempt under section
501(c) of the Internal Revenue Code with which a public official
is associated in a nonremunerative capacity.
(3) 'Business with which the person is associated' means any
business of which the person or the person's relative is a
director, officer, owner or employee, or agent or any corporation
in which the person or the person's relative owns or has owned
stock worth $1,000 or more at any point in the preceding calendar
year.
(4) 'Commission' means the Oregon Government Standards and
Practices Commission.
(5) 'Development commission' means any entity which has the
authority to purchase, develop, improve or lease land or the
authority to operate or direct the use of land. This authority
must be more than ministerial.
(6) 'Expenditure' has the meaning given that term in ORS
260.005.
(7) 'Potential conflict of interest' means any action or any
decision or recommendation by a person acting in a capacity as a
public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person's
relative, or a business with which the person or the person's
relative is associated, unless the pecuniary benefit or detriment
arises out of the following:
(a) An interest or membership in a particular business,
industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or
position.
(b) Any action in the person's official capacity which would
affect to the same degree a class consisting of all inhabitants
of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the
person, or the person's relative or business with which the
person or the person's relative is associated, is a member or is
engaged. The commission may by rule limit the minimum size of or
otherwise establish criteria for or identify the smaller classes
that qualify under this exception.
(c) Membership in or membership on the board of directors of a
nonprofit corporation that is tax-exempt under section 501(c) of
the Internal Revenue Code.
(8) 'Gift' means something of economic value given to a public
official or the public official's relative without valuable
consideration of equivalent value, including the full or partial
forgiveness of indebtedness, which is not extended to others who
are not public officials or the relatives of public officials on
the same terms and conditions; and something of economic value
given to a public official or the public official's relative for
Enrolled House Bill 2509 (HB 2509-B) Page 82
valuable consideration less than that required from others who
are not public officials. However, 'gift' does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the
public official's office and when appearing in an official
capacity, subject to the reporting requirement of ORS 244.060
(6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof.
(e) The giving or receiving of entertainment if the
entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider
thereof and the value of the entertainment does not exceed $100
per person on a single occasion and is not greater than $250 in
any one calendar year.
(9) 'Honoraria' means a payment or something of economic value
given to a public official in exchange for services upon which
custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services
rendered in connection with an event at which the public official
appears in an official capacity.
(10) 'Income' means income of any nature derived from any
source, including, but not limited to, any salary, wage, advance,
payment, dividend, interest, rent, honoraria, return of capital,
forgiveness of indebtedness, or anything of economic value.
(11) 'Legislative or administrative interest' means an economic
interest, distinct from that of the general public, in one or
more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity
of a public official.
(12) 'Legislative official' means any member or member-elect of
the Legislative Assembly, any member of an agency, board or
committee that is part of the legislative branch and any staff
person, assistant or employee thereof.
(13) 'Member of household' means any relative who resides with
the public official.
(14) 'Planning commission' means a county planning commission
created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(15) 'Public official' means any person who, when an alleged
violation of this chapter occurs, is serving the State of Oregon
or any of its political subdivisions or any other public body of
the state as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such
services.
(16) 'Relative' means the spouse of the public official, any
children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official
or of the public official's spouse.
(17) 'Statewide official' means the Secretary of State or
Secretary of State-elect, State Treasurer or State
Treasurer-elect, Superintendent of Public Instruction or
Superintendent-elect of Public Instruction, Attorney General or
Attorney General-elect and the Commissioner of the Bureau of
Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
Enrolled House Bill 2509 (HB 2509-B) Page 83
(18) 'Zoning commission' means an entity to which is delegated
at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use
matters.
{ + NOTE: + } Corrects subsection reference in (1).
SECTION 76. ORS 254.555 is amended to read:
254.555. (1) Not later than the 30th day after any election,
the Secretary of State, regarding offices for which the secretary
receives filings for nomination, shall:
(a) Canvass the votes for the offices, except the office of
Governor after the general election.
(b) Enter in a register of nominations after the biennial or
presidential preference primary { - elections - }
{ + election + } the name and, if applicable, major political
party of each candidate nominated, the office for which the
candidate is nominated, and the date of entry.
(c) Prepare and deliver a certificate of nomination or election
to each candidate having the most votes for nomination for or
election to the office. The Secretary of State shall sign the
certificate under the seal of the state.
(d) Issue a proclamation declaring the election of candidates
to the offices.
(2) Not later than the 30th day after the election:
(a) The Secretary of State, regarding measures for which the
secretary as the filing officer, shall canvass the votes for each
measure.
(b) The Governor shall issue a proclamation giving the number
of votes cast for or against each such measure, and declaring the
approved measures as the law on the effective date of the
measure. If two or more approved measures contain conflicting
provisions, the Governor shall proclaim which is paramount.
{ + NOTE: + } Corrects grammar.
SECTION 77. ORS 260.005 is amended to read:
260.005. As used in this chapter:
(1)(a) 'Candidate' means:
(A) An individual whose name is printed on a ballot, for whom a
declaration of candidacy, nominating petition or certificate of
nomination to public office has been filed { - , who has
requested a tally of write-in votes under ORS 249.007 - } or
whose name is expected to be or has been presented, with the
individual's consent, for nomination or election to public
office;
(B) An individual who has solicited or received and accepted a
contribution, made an expenditure, or given consent to an
individual, organization, political party or political committee
to solicit or receive and accept a contribution or make an
expenditure on the individual's behalf to secure nomination or
election to any public office at any time, whether or not the
office for which the individual will seek nomination or election
is known when the solicitation is made, the contribution is
received and retained or the expenditure is made, and whether or
not the name of the individual is printed on a ballot; or
(C) A public office holder against whom a recall petition has
been completed and filed.
(b) For purposes of this section and ORS 260.035 to 260.156, '
candidate' does not include a candidate for the office of
precinct committeeperson.
(2) 'Committee director' means any person who directly and
substantially participates in decision-making on behalf of a
political committee concerning the solicitation or expenditure of
funds and the support of or opposition to candidates or measures.
Enrolled House Bill 2509 (HB 2509-B) Page 84
A person, other than a political party officer, serving on a
board or committee of a political party that has more than 10
members with substantially equal authority to make decisions
shall not be deemed to participate substantially in
decision-making of the political party solely on account of such
service.
(3)(a) Except as provided in ORS 260.007, 'contribute' or '
contribution' includes:
(A) The payment, loan, gift, forgiving of indebtedness, or
furnishing without equivalent compensation or consideration, of
money, services other than personal services for which no
compensation is asked or given, supplies, equipment or any other
thing of value:
(i) For the purpose of influencing an election for public
office or an election on a measure, or of reducing the debt of a
candidate for nomination or election to public office or the debt
of a political committee; or
(ii) To or on behalf of a candidate, political committee or
measure; and
(B) Any unfulfilled pledge, subscription, agreement or promise,
whether or not legally enforceable, to make a contribution.
(b) Regarding a contribution made for compensation or
consideration of less than equivalent value, only the excess
value of it shall be considered a contribution.
(4) 'County clerk' means the county clerk or the county
official in charge of elections.
(5) 'Elector' means an individual qualified to vote under
section 2, Article II of the Oregon Constitution.
(6) Except as provided in ORS 260.007, 'expend' or '
expenditure' includes the payment or furnishing of money or
anything of value or the incurring or repayment of indebtedness
or obligation by or on behalf of a candidate, political committee
or person in consideration for any services, supplies, equipment
or other thing of value performed or furnished for any reason,
including support of or opposition to a candidate, political
committee or measure, or for reducing the debt of a candidate for
nomination or election to public office. Subject to ORS 260.168,
' expenditure' also includes contributions made by a candidate or
political committee to or on behalf of any other candidate or
political committee.
(7) 'Filing officer' means the:
(a) Secretary of State, regarding a candidate for any state
office or any office to be voted for in the state at large or in
a congressional district or regarding a measure to be voted on in
the state at large.
(b) County clerk, regarding a candidate for any county office
or any district or precinct office within the county, or
regarding a measure to be voted for in one county or in a
district situated wholly within one county.
(c) Chief city elections officer, regarding a candidate for any
city office, or a measure to be voted for in a city only.
(d) County clerk of the county in which the office of the chief
administrative officer or administrative board is located
regarding a candidate for office for any district or regarding a
measure to be voted on in a district, when the district is
situated in more than one county.
(8) 'Independent expenditure' means an expenditure by a person
for a communication expressly advocating the election or defeat
of a clearly identified candidate that is not made with the
cooperation or with the prior consent of, or in consultation
with, or at the request or suggestion of, a candidate or any
Enrolled House Bill 2509 (HB 2509-B) Page 85
agent or authorized committee of the candidate. As used in this
subsection:
(a) 'Agent' means any person who has:
(A) Actual oral or written authority, either express or
implied, to make or to authorize the making of expenditures on
behalf of a candidate; or
(B) Been placed in a position within the campaign organization
where it would reasonably appear that in the ordinary course of
campaign-related activities the person may authorize
expenditures.
(b) 'Clearly identified' means:
(A) The name of the candidate involved appears;
(B) A photograph or drawing of the candidate appears; or
(C) The identity of the candidate is apparent by unambiguous
reference.
(c) 'Expressly advocating' means any communication containing a
message advocating election or defeat, including but not limited
to the name of the candidate, or expressions such as ' vote for,'
'elect,' 'support,' 'cast your ballot for, ' ' vote against,'
'defeat' or 'reject. '
(d) 'Made with the cooperation or with the prior consent of, or
in consultation with, or at the request or suggestion of, a
candidate or any agent or authorized committee of the candidate':
(A) Means any arrangement, coordination or direction by the
candidate or the candidate's agent prior to the publication,
distribution, display or broadcast of the communication. An
expenditure shall be presumed to be so made when it is:
(i) Based on information about the candidate's plans, projects
or needs provided to the expending person by the candidate or by
the candidate's agent, with a view toward having an expenditure
made; or
(ii) Made by or through any person who is or has been
authorized to raise or expend funds, who is or has been an
officer of a political committee authorized by the candidate or
who is or has been receiving any form of compensation or
reimbursement from the candidate, the candidate's principal
campaign committee or agent; and
(B) Does not include providing to the expending person upon
request a copy of this chapter or any rules adopted by the
Secretary of State relating to independent expenditures.
(9) 'Initiative petition' means a petition to initiate a
measure for which a prospective petition has been filed but that
is not yet a measure.
(10) 'Judge' means judge of the Supreme Court, Court of
Appeals, circuit or district court or the Oregon Tax Court.
(11) 'Labor organization' means any organization of any kind,
or any agency or employee representation committee or plan, in
which employees participate and that exists for the purpose, in
whole or in part, of dealing with employers concerning
grievances, labor disputes, wages, rates of pay, hours of
employment or conditions of work.
(12) 'Mass mailing' means more than 200 substantially similar
pieces of mail, but does not include a form letter or other mail
that is sent in response to an unsolicited request, letter or
other inquiry.
(13) 'Measure' includes any of the following submitted to the
people for their approval or rejection at an election:
(a) A proposed law.
(b) An Act or part of an Act of the Legislative Assembly.
(c) A revision of or amendment to the Oregon Constitution.
(d) Local, special or municipal legislation.
Enrolled House Bill 2509 (HB 2509-B) Page 86
(e) A proposition or question.
(14) 'Occupation' means the nature of an individual's principal
business or, if the individual is employed by another person, the
nature of the individual's principal business or the business
name and address of the employer.
(15) 'Person' means an individual, corporation, limited
liability company, labor organization, association, firm,
partnership, joint stock company, club, organization or other
combination of individuals having collective capacity.
(16) 'Political committee' means a combination of two or more
individuals, or a person other than an individual, that has:
(a) Received a contribution or made an expenditure for the
purpose of supporting or opposing a candidate, measure or
political party; or
(b) Made independent expenditures in support of or in
opposition to a candidate, measure or political party.
(17) 'Public office' means any national, state, county,
district, city office or position, except a political party
office, that is filled by the electors.
(18) 'Recall petition' means a petition to recall a public
officer for which a prospective petition has been filed but that
is not yet a measure.
(19) 'Referendum petition' means a petition to refer a measure
for which a prospective petition has been filed but that is not
yet a measure.
(20) 'Slate mailer' means a mass mailing that supports or
opposes a total of three or more candidates or measures.
(21)(a) 'Slate mailer organization' means, except as provided
in paragraph (b) of this subsection, any person who directly or
indirectly:
(A) Is involved in the production of one or more slate mailers
and exercises control over the selection of the candidates and
measures to be supported or opposed in the slate mailers; and
(B) Receives or is promised payment for producing one or more
slate mailers or for endorsing or opposing, or refraining from
endorsing or opposing, a candidate or measure in one or more
slate mailers.
(b) Notwithstanding paragraph (a) of this subsection, 'slate
mailer organization' does not include:
(A) A political committee organized by a political party; or
(B) A political committee organized by the caucus of either the
Senate or the House of Representatives of the Legislative
Assembly.
(22) 'State office' means the office of Governor, Secretary of
State, State Treasurer, Attorney General, Commissioner of the
Bureau of Labor and Industries, Superintendent of Public
Instruction, state Senator, state Representative, judge or
district attorney.
(23) 'With respect to a single election' means, in the case of
a contribution to a candidate for public office:
(a) The next election for nomination or election to public
office, other than national or political party office, after the
contribution is made; or
(b) In the case of a contribution made after an election and
designated in writing by the contributor for a previous election,
the election so designated. A contribution may be designated for
a previous election under this subsection if the contribution
does not exceed the expenditure deficit of the candidate or
principal campaign committee of the candidate receiving the
contribution.
Enrolled House Bill 2509 (HB 2509-B) Page 87
{ + NOTE: + } Deletes reference in (1)(a)(A) to repealed
section.
SECTION 78. ORS 271.715 is amended to read:
271.715. As used in ORS 271.715 to 271.795 { - and
390.805 - } , unless the context otherwise requires:
(1) 'Conservation easement' means a nonpossessory interest of a
holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property, assuring
its availability for agricultural, forest, recreational, or open
space use, protecting natural resources, maintaining or enhancing
air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real
property.
(2) 'Highway scenic preservation easement' means a
nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which
include retaining or protecting natural, scenic or open space
values of property.
(3) 'Holder' means:
(a) The state or any county, city or park and recreation
district acting alone or in cooperation with any federal or state
agency, public corporation or political subdivision; or
(b) A charitable corporation, charitable association,
charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values
of real property, assuring the availability of real property for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property.
(4) 'Third-party right of enforcement' means a right provided
in a conservation easement or highway scenic preservation
easement to enforce any of its terms granted to a governmental
body, charitable corporation, charitable association or
charitable trust, which, although eligible to be a holder, is not
a holder.
{ + NOTE: + } Deletes incorrect reference.
SECTION 79. ORS 271.725 is amended to read:
271.725. (1) The state, any county, city or park and recreation
district may acquire by purchase, agreement or donation, but not
by exercise of the power of eminent domain, unless specifically
authorized by law, conservation easements in any area within
their respective jurisdictions wherever and to the extent that a
state agency or the governing body of the county, city or park
and recreation district determines that the acquisition will be
in the public interest.
(2) Except as otherwise provided in ORS 271.715 to 271.795
{ - and 390.805 - } , a conservation easement or highway scenic
preservation easement may be created, conveyed, recorded,
assigned, released, modified, terminated, or otherwise altered or
affected in the same manner as other easements.
(3) The state, any county, city or park and recreation district
may acquire by purchase, agreement or donation, but not by
exercise of the power of eminent domain unless specifically
authorized by law, highway scenic preservation easements in land
within 100 yards of state, county or city highway rights of way.
These easements may be acquired only in lands that possess
significant scenic value in themselves and contribute to the
overall scenic beauty of the highway.
Enrolled House Bill 2509 (HB 2509-B) Page 88
(4) No right or duty in favor of or against a holder and no
right in favor of a person having a third-party right of
enforcement arises under a conservation easement or highway
scenic preservation easement before its acceptance by the holder
and recordation of the acceptance.
(5) Except as provided in ORS 271.755 (2) a conservation
easement or highway scenic preservation easement is unlimited in
duration unless the instrument creating it otherwise provides.
(6) An interest in real property in existence at the time a
conservation easement or highway scenic preservation easement is
created is not impaired by it unless the owner of the interest is
a party to or consents to the conservation easement or highway
scenic preservation easement.
{ + NOTE: + } Deletes incorrect reference.
SECTION 80. ORS 271.755 is amended to read:
271.755. (1) An action affecting a conservation easement or
highway scenic preservation easement may be brought by:
(a) An owner of an interest in real property burdened by the
easement;
(b) A holder of the easement;
(c) A person having a third-party right of enforcement; or
(d) A person authorized by other law.
(2) ORS 271.715 to 271.795 { - and 390.805 - } do not affect
the power of a court to modify or terminate a conservation
easement or highway scenic preservation easement in accordance
with the principles of law and equity.
{ + NOTE: + } Deletes incorrect reference.
SECTION 81. ORS 271.765 is amended to read:
271.765. (1) ORS 271.715 to 271.795 { - and 390.805 - }
apply to any interest created after October 15, 1983,
{ - which - } { + that + } complies with ORS 271.715 to
271.795 { - and 390.805 - } , whether designated as a
conservation easement or highway scenic preservation easement, or
as a covenant, equitable servitude, restriction, easement, or
otherwise.
(2) ORS 271.715 to 271.795 { - and 390.805 - } apply to any
interest created before October 15, 1983, if it would have been
enforceable had it been created after October 15, 1983, unless
retroactive application contravenes the Constitution or laws of
this state or the United States.
(3) ORS 271.715 to 271.795 { - and 390.805 - } do not
invalidate any interest, whether designated as a conservation or
preservation easement or as a { - convenant - } { +
covenant + }, equitable servitude, restriction, easement, or
otherwise, that is enforceable under other law of this state.
{ + NOTE: + } Deletes incorrect reference; corrects spelling
and grammar.
SECTION 82. ORS 271.795 is amended to read:
271.795. ORS 271.715 to 271.795 { - and 390.805 - } shall be
applied and construed to effectuate the general purpose to make
uniform the laws with respect to the subject of ORS 271.715 to
271.795 { - and 390.805 - } among states enacting it.
{ + NOTE: + } Deletes incorrect reference.
SECTION 83. { + ORS 276.185 is repealed. + }
{ + NOTE: + } Repeals obsolete section.
SECTION 84. ORS 283.010 is amended to read:
283.010. As used in this chapter, unless the context requires
otherwise:
(1) 'Department' means the Oregon Department of Administrative
Services.
Enrolled House Bill 2509 (HB 2509-B) Page 89
(2) 'Director' means the Director of the Oregon Department of
Administrative Services.
(3) 'State agency' or 'agency' has the meaning given such term
in ORS 291.002.
{ - (4) 'Rehabilitation facility' has the meaning given such
term in ORS 344.710. - }
{ - (5) 'Work activity center' means a nonprofit facility
established and operated by a private organization, agency or
institution to provide therapeutic activities for disabled
individuals whose physical or mental impairment is so severe as
to make their productive capacity inconsequential. Therapeutic
activities include those activities which focus on teaching basic
living skills, social-recreational skills and work skills. - }
{ - (6) 'Residential facility' has the meaning given such
term in ORS 443.400 to 443.455 and 443.991 (2). - }
{ + NOTE: + } Deletes unnecessary definitions.
SECTION 85. ORS 285.613 is amended to read:
285.613. (1) Any eligible business firm proposing to apply for
the tax exemption provided under ORS 285.597 shall, before the
commencement of construction, modification or installation of
qualified property in an enterprise zone, and before the hiring
of eligible employees, apply for precertification with the
sponsor of the zone and with the county assessor of the county or
counties in which the zone is located. The application shall be
made on a form prescribed by the Department of Revenue.
(2) The application shall contain the following information:
(a) A description of the nature of the firm's business
operations in the enterprise zone;
(b) A description and estimated cost or value of the qualified
property to be constructed, modified or installed in the
enterprise zone;
(c) An estimate of the number of employees that will be hired
by the firm;
(d) A commitment to meet all requirements of ORS 285.600;
(e) A commitment to satisfy all additional conditions for
precertification that are imposed by the enterprise zone sponsor
under ORS 285.577 (4); and
(f) Any other information considered necessary by the
Department of Revenue.
(3) If the sponsor and county assessor determine that the
business firm is eligible under ORS 285.603 and that the firm has
committed to meet the requirements of ORS 285.600, the sponsor
and county assessor shall precertify the business firm by
approving the application. The approval of both the sponsor and
the county assessor shall be prima facie evidence that the
eligible business firm will be qualified for the property tax
exemption under ORS 285.597. Neither the sponsor nor the county
assessor shall be liable in any way if the Department of Revenue
later determines that a precertified business firm is not
qualified for a property tax exemption or if either the county
assessor or the Department of Revenue determines that the
precertified business firm has not satisfied the requirements of
ORS 285.600. The sponsor and county assessor shall provide copies
of an approved application to the applicant, the Department of
Revenue and the Economic Development Department.
(4) If the sponsor or county assessor fails or refuses to
precertify the business firm, the business firm may appeal to the
Director of the Department of Revenue under ORS 305.275 and
305.280. The business firm shall provide copies of the firm's
appeal to the sponsor, county assessor and the Economic
Development Department.
Enrolled House Bill 2509 (HB 2509-B) Page 90
(5) Notwithstanding the fact that an enterprise zone has been
terminated under ORS 285.587 (3)(a), (4)(a), (5) { - , (6) or
(7) - } { + or (6) + } or that a zone boundary has been
changed, an eligible business firm that has obtained
precertification under this section shall be entitled to a
property tax exemption under ORS 285.597, if:
(a) No later than one year after the zone termination or
boundary change is effective, the firm commences construction,
modification or installation of the qualified property identified
in its application for precertification.
(b) The firm completes construction, modification or
installation of the qualified property within a reasonable time,
as determined by the Department of Revenue, and without
interruption of construction or installation activity.
(c) The firm satisfies all other requirements of ORS 285.600
and the precertification.
(6) If an enterprise zone is terminated under ORS 285.587
(3)(b) { - , (3)(c) - } or (4)(b), the exemption under ORS
285.597 shall be granted only if the construction, modification
or installation is in progress on the effective date of the
termination of the zone, and the business firm satisfies
subsection (5)(b) and (c) of this section.
(7) Precertification under this section shall not assure that
property constructed, modified or installed by the precertified
business firm will receive property tax exemption under ORS
285.597.
(8) Notwithstanding any other provision of this section, if a
business firm satisfies the requirements of ORS 285.600 and has
constructed, modified or installed qualified property eligible
for exemption under ORS 285.597, the Department of Revenue, for
good cause, may waive the precertification requirement of this
section and ORS 285.615 (1).
{ + NOTE: + } Deletes incorrect references in (5) and (6).
SECTION 86. ORS 285.613, as amended by section 99, chapter 650,
Oregon Laws 1995, is amended to read:
285.613. (1) Any eligible business firm proposing to apply for
the tax exemption provided under ORS 285.597 shall, before the
commencement of construction, modification or installation of
qualified property in an enterprise zone, and before the hiring
of eligible employees, apply for precertification with the
sponsor of the zone and with the county assessor of the county or
counties in which the zone is located. The application shall be
made on a form prescribed by the Department of Revenue.
(2) The application shall contain the following information:
(a) A description of the nature of the firm's business
operations in the enterprise zone;
(b) A description and estimated cost or value of the qualified
property to be constructed, modified or installed in the
enterprise zone;
(c) An estimate of the number of employees that will be hired
by the firm;
(d) A commitment to meet all requirements of ORS 285.600;
(e) A commitment to satisfy all additional conditions for
precertification that are imposed by the enterprise zone sponsor
under ORS 285.577 (4); and
(f) Any other information considered necessary by the
Department of Revenue.
(3) If the sponsor and county assessor determine that the
business firm is eligible under ORS 285.603 and that the firm has
committed to meet the requirements of ORS 285.600, the sponsor
and county assessor shall precertify the business firm by
Enrolled House Bill 2509 (HB 2509-B) Page 91
approving the application. The approval of both the sponsor and
the county assessor shall be prima facie evidence that the
eligible business firm will be qualified for the property tax
exemption under ORS 285.597. Neither the sponsor nor the county
assessor shall be liable in any way if the Department of Revenue
later determines that a precertified business firm is not
qualified for a property tax exemption or if either the county
assessor or the Department of Revenue determines that the
precertified business firm has not satisfied the requirements of
ORS 285.600. The sponsor and county assessor shall provide copies
of an approved application to the applicant, the Department of
Revenue and the Economic Development Department.
(4) If the sponsor or county assessor fails or refuses to
precertify the business firm, the business firm may appeal to the
Oregon Tax Court under ORS 305.404 to 305.560. The business firm
shall provide copies of the firm's appeal to the sponsor, county
assessor, the Department of Revenue and the Economic Development
Department.
(5) Notwithstanding the fact that an enterprise zone has been
terminated under ORS 285.587 (3)(a), (4)(a), (5) { - , (6) or
(7) - } { + or (6) + } or that a zone boundary has been
changed, an eligible business firm that has obtained
precertification under this section shall be entitled to a
property tax exemption under ORS 285.597, if:
(a) No later than one year after the zone termination or
boundary change is effective, the firm commences construction,
modification or installation of the qualified property identified
in its application for precertification.
(b) The firm completes construction, modification or
installation of the qualified property within a reasonable time,
as determined by the Department of Revenue, and without
interruption of construction or installation activity.
(c) The firm satisfies all other requirements of ORS 285.600
and the precertification.
(6) If an enterprise zone is terminated under ORS 285.587
(3)(b) { - , (3)(c) - } or (4)(b), the exemption under ORS
285.597 shall be granted only if the construction, modification
or installation is in progress on the effective date of the
termination of the zone, and the business firm satisfies
subsection (5)(b) and (c) of this section.
(7) Precertification under this section shall not assure that
property constructed, modified or installed by the precertified
business firm will receive property tax exemption under ORS
285.597.
(8) Notwithstanding any other provision of this section, if a
business firm satisfies the requirements of ORS 285.600 and has
constructed, modified or installed qualified property eligible
for exemption under ORS 285.597, the Department of Revenue, for
good cause, may waive the precertification requirement of this
section and ORS 285.615 (1).
{ + NOTE: + } Deletes incorrect references in (5) and (6).
SECTION 87. { + Nothing in the amendments to ORS 285.613 by
section 85 or 86 of this Act affects the operative date
provisions of section 116, chapter 650, Oregon Laws 1995, or the
sunset date provisions of section 22, chapter 1015, Oregon Laws
1989. + }
{ + NOTE: + } Preserves timing of amendment and repeal.
SECTION 88. ORS 291.216 is amended to read:
291.216. (1) Not later than November 10 of each even-numbered
year the Governor shall cause the budget report to be compiled
and prepared for printing.
Enrolled House Bill 2509 (HB 2509-B) Page 92
(2) The budget report shall include a budget message prepared
by the Governor, including recommendations of the Governor with
reference to the fiscal policy of the state government for the
coming biennium, describing the important features of the budget
plan, embracing a general budget summary setting forth the
aggregate figures of the budget report so as to show a balanced
relation between the total proposed expenditures and the total
anticipated income, with the basis and factors on which the
estimates are made, the amount to be borrowed, and other means of
financing the estimated expenditures for the ensuing biennium,
compared with the corresponding figures for at least the last
completed biennium and the current biennium.
(3) The budget plan shall be supported by explanatory schedules
or statements, classifying the expenditures reported therein,
both past and proposed, by organization units, objects and funds,
and the income by organization units, sources and funds, and the
proposed amount of new borrowing as well as proposed new tax or
revenue sources, including a single comprehensive list of all
proposed increases in fees, licenses and assessments assumed in
the budget plan.
(4) The budget plan shall be submitted for all dedicated funds,
as well as the state General Fund, and shall include the
estimated amounts of federal and other aids or grants to state
agencies or activities provided for any purpose whatever,
together with estimated expenditures therefrom.
(5) The budget report shall embrace the detailed estimates of
expenditures and revenues. It shall include statements of the
bonded indebtedness of the state government, showing the actual
amount of the debt service for at least the past biennium, and
the estimated amount for the current biennium and the ensuing
biennium, the debt authorized and unissued, the condition of the
sinking funds and the borrowing capacity. It shall contain the
Governor's recommendations concerning tax expenditures identified
under ORS 291.214. It shall also contain any statements relative
to the financial plan which the Governor may deem desirable or
which may be required by the legislature.
(6) The budget plan shall use the estimated revenues under ORS
291.342 for the fiscal year in which the plan is submitted as the
basis for total anticipated income under subsection (2) of this
section, subject to such adjustment as may be necessary to
reflect accurately projections for the next biennium.
(7) As supplemental information to the budget report, the
Governor shall publish an existing level tentative budget plan
for the two fiscal years for which the budget report is required.
This summary budget shall reflect only existing revenues
estimated under subsection (6) of this section; subject to such
adjustment as may be necessary to reflect accurately projections
for the next biennium. The supplemental information to the budget
report shall be submitted at the same time as the budget report.
(8)(a) The budget report shall present information regarding
the expenses of the state in the following categories:
(A) Personnel expenses, including compensation and benefits for
state employees, but excluding costs of services contracted out
and temporary service costs.
(B) Supplies, equipment and the costs of services contracted
out.
(C) Capital construction.
(D) Capital outlay.
(E) Debt service.
(b) For each category described in paragraph (a) of this
subsection, the report shall show actual expenditures to date.
Enrolled House Bill 2509 (HB 2509-B) Page 93
(c) For each category described in paragraph (a) of this
{ - section - } { + subsection + }, the report shall show:
(A) The amount of merit increases for the existing workforce.
(B) Increases for the cost of replacement and repair of
supplies and equipment.
(C) Increases for the costs of new construction or major
remodeling.
(D) Increases for the cost of inflation.
(d) The report shall show the total increase in the cost of
salaries and benefits for all state positions.
(9) The budget report shall include:
(a) The total number of positions included in the budget.
(b) The average vacancy rate in the present biennium.
(c) The number of permanent, full-time equivalent vacancies,
excluding academics, as of July 1 of even-numbered years.
(10) The budget report shall include computations showing
budget figures as a percentage of the total General Fund, federal
fund, fee or other source category, as may be appropriate.
{ + NOTE: + } Conforms reference in (8)(c) to form and style
requirements.
SECTION 89. ORS 291.990 is amended to read:
291.990. (1) Any person who makes or orders or votes to make
any expenditure in violation of any of the provisions of
{ - this Act - } { + ORS 279.805, 279.826, 279.828, 283.010,
283.020, 283.110, 283.130 to 283.190 and 283.305 to 283.390 or
291.001 to 291.034, 291.201 to 291.222, 291.232 to 291.260 and
291.307 + }, or who makes or authorizes or causes to be made any
disbursement of funds from the State Treasury in violation of any
of the provisions of { - this Act - } { + ORS 279.805,
279.826, 279.828, 283.010, 283.020, 283.110, 283.130 to 283.190
and 283.305 to 283.390 or 291.001 to 291.034, 291.201 to 291.222,
291.232 to 291.260 and 291.307 + }, shall, upon conviction, be
punished by a fine of not less than $500 nor more than $3,000.
(2) If any person incurs or orders or votes to incur an
obligation in violation of any of the provisions of { - this
Act - } { + ORS 279.805, 279.826, 279.828, 283.010, 283.020,
283.110, 283.130 to 283.190 and 283.305 to 283.390 or 291.001 to
291.034, 291.201 to 291.222, 291.232 to 291.260 and 291.307 + },
the person and the sureties on the bond of the person shall be
jointly and severally liable therefor to the person in whose
favor the obligation was incurred.
(3) Upon certification by the Oregon Department of
Administrative Services that any state officer or employee of a
state agency has failed or refused to comply with any order, rule
or regulation made by the department in accordance with the
provisions of { - this Act - } { + ORS 279.805, 279.826,
279.828, 283.010, 283.020, 283.110, 283.130 to 283.190 and
283.305 to 283.390 or 291.001 to 291.034, 291.201 to 291.222,
291.232 to 291.260 and 291.307 + }, the salary of such officer or
employee shall not be paid until such order, rule or regulation
is complied with.
(4) Any violation of { - this Act - } { + ORS 279.805,
279.826, 279.828, 283.010, 283.020, 283.110, 283.130 to 283.190
and 283.305 to 283.390 or 291.001 to 291.034, 291.201 to 291.222,
291.232 to 291.260 and 291.307 + }, for which no other penalty is
provided in this section, is punishable, upon conviction, by a
fine of not more than $1,000.
{ - (5) As used in this section, 'this Act' means ORS
279.805, 279.826, 279.828, 283.010, 283.020, 283.110, 283.130 to
283.190 and 283.305 to 283.390 or 291.001 to 291.034, 291.201 to
291.222, 291.232 to 291.260 and 291.307. - }
Enrolled House Bill 2509 (HB 2509-B) Page 94
{ + NOTE: + } Inserts appropriate section numbers of codified
law.
SECTION 90. ORS 292.990 is amended to read:
292.990. (1) The provisions of ORS 291.990 shall apply to ORS
292.220 and 292.230 the same as such provisions apply to
{ - the sections enumerated in ORS 291.990 (5) - } { + ORS
279.805, 279.826, 279.828, 283.010, 283.020, 283.110, 283.130 to
283.190 and 283.305 to 283.390 or 291.001 to 291.034, 291.201 to
291.222, 291.232 to 291.260 and 291.307 + }.
(2) If any of the officers mentioned in ORS 292.316 fails to
pay over to the State Treasurer any and all moneys collected by
virtue of office, the officer shall be deemed guilty of theft,
and shall be punished accordingly.
{ + NOTE: + } Reflects amendment of ORS 291.990.
SECTION 91. ORS 294.035 is amended to read:
294.035. Subject to ORS 294.040 and 294.135 to 294.155, the
custodial officer may, after having obtained a written order from
the governing body of the county, municipality, political
subdivision or school district, which order shall be spread upon
the minutes or journal of the governing body, invest any sinking
fund, bond fund or surplus funds in the custody of the custodial
officer in the bank accounts, classes of securities at current
market prices, insurance contracts and other investments listed
in this section. However, the custodial officer of any county
shall make no such investment of funds belonging to any
municipality, political subdivision or school district, unless
and until the custodial officer has received a written order from
the governing body of the municipality, political subdivision or
school district to which the funds belong, which order authorizes
the custodial officer to invest the funds, and which order has
been spread upon the minutes or journal of the governing body.
This section, however, shall not limit the authority of the
custodial officer to invest surplus funds in other investments
when the investment is specifically authorized by another
statute. Investments authorized by this section are:
(1) Lawfully issued general obligations of the United States,
the agencies and instrumentalities of the United States or
enterprises sponsored by the United States government.
(2) Lawfully issued debt obligations of the agencies and
instrumentalities of the State of Oregon and its political
subdivisions that have a long-term rating of A or an equivalent
rating or better or are rated on the settlement date in the
highest category for short-term municipal debt by a nationally
recognized statistical rating organization.
(3) Lawfully issued debt obligations of the States of
California, Idaho and Washington and political subdivisions of
those states if the obligations have a long-term rating of AA or
an equivalent rating or better or are rated on the settlement
date in the highest category for short-term municipal debt by a
nationally recognized statistical rating organization.
(4) Time deposit open accounts, certificates of deposit and
savings accounts in banks, mutual savings banks and savings and
loan associations which maintain a head office or a branch in
this state in the capacity of a bank, mutual savings bank or
savings and loan association.
(5) Share accounts and savings accounts in credit unions in the
name of, or for the benefit of, a member of the credit union
pursuant to a plan of deferred compensation.
(6) Fixed or variable life insurance or annuity contracts as
defined by ORS 731.170 and guaranteed investment contracts issued
Enrolled House Bill 2509 (HB 2509-B) Page 95
by life insurance companies authorized to do business in this
state.
(7) Trusts in which deferred compensation funds from other
public employers are pooled, if:
(a) The purpose is to establish a deferred compensation plan;
(b) The trust is a public instrumentality of such public
employers and described in section (2)(b) of the Investment
Company Act of 1940, 15 U.S.C. s80a-2(b), { + as amended, + } in
effect on September 20, 1985, or the trust is a common trust fund
described in ORS 709.170;
(c) Under the terms of the plan the net income from or gain or
loss due to fluctuation in value of the underlying assets of the
trust, or other change in such assets, is reflected in an equal
increase or decrease in the amount distributable to the employee
or the beneficiary thereof and, therefore, does not ultimately
result in a net increase or decrease in the worth of the public
employer or the state; and
(d) The fidelity of the trustees and others with access to such
assets, other than a trust company, as defined in ORS 706.005, is
insured by a surety bond satisfactory to the public employer
issued by a company authorized to do a surety business in this
state in an amount equal to the value of such assets.
(8)(a) Banker's acceptances, if the banker's acceptances are:
(A) Guaranteed by, and carried on the books of, a qualified
financial institution;
(B) Eligible for discount by the Federal Reserve System; and
(C) Issued by a qualified financial institution whose
short-term letter of credit rating is rated in the highest
category by one or more nationally recognized statistical rating
organizations.
(b) For the purposes of this subsection, 'qualified financial
institution' means:
(A) A financial institution that is located and licensed to do
banking business in the State of Oregon; or
(B) A financial institution located in the States of
California, Idaho or Washington that is wholly owned by a bank
holding company that owns a financial institution that is located
and licensed to do banking business in the State of Oregon.
(c) A custodial officer shall not permit more than 25 percent
of the moneys of a local government that are available for
investment, as determined on the settlement date, to be invested
in banker's acceptances of any qualified financial institution.
(9)(a) Corporate indebtedness subject to a valid registration
statement on file with the Securities and Exchange Commission or
issued under the authority of section 3(a)(2) or 3(a)(3) of the
Securities Act of 1933, as amended. Corporate indebtedness
described in this subsection does not include banker's
acceptances. The corporate indebtedness must be issued by a
commercial, industrial or utility business enterprise, or by or
on behalf of a financial institution, including a holding company
owning a majority interest in a qualified financial institution.
(b) Corporate indebtedness must be rated on the settlement date
P-1 or Aa or better by Moody's Investors Service or A-1 or AA or
better by Standard & Poor's Corporation or equivalent rating by
any nationally recognized statistical rating organization.
(c) Notwithstanding paragraph (b) of this subsection, the
corporate indebtedness must be rated on the settlement date P-2
or A or better by Moody's Investors Service or A-2 or A or better
by Standard & Poor's Corporation or equivalent rating by any
nationally recognized statistical rating organization when the
corporate indebtedness is:
Enrolled House Bill 2509 (HB 2509-B) Page 96
(A) Issued by a business enterprise that has its headquarters
in Oregon, employs more than 50 percent of its permanent
workforce in Oregon or has more than 50 percent of its tangible
assets in Oregon; or
(B) Issued by a holding company owning not less than a majority
interest in a qualified financial institution, as defined in
subsection (8) of this section, located and licensed to do
banking business in Oregon or by a holding company owning not
less than a majority interest in a business enterprise described
in subparagraph (A) of this paragraph.
(d) A custodial officer shall not permit more than 35 percent
of the moneys of a local government that are available for
investment, as determined on the settlement date, to be invested
in corporate indebtedness, and shall not permit more than five
percent of the moneys of a local government that are available
for investment to be invested in corporate indebtedness of any
single corporate entity and its affiliates or subsidiaries.
(10) Securities of any open-end or closed-end management
investment company or investment trust, if the securities are of
the types specified in subsections (1) to (3), (8) and (9) of
this section and if the investment does not cause the county,
municipality, political subdivision or school district to become
a stockholder in a joint company, corporation or association. A
trust company or trust department of a national bank while acting
as indenture trustee may invest funds held by it as indenture
trustee in any open-end or closed-end management investment
company or investment trust for which the trust company or trust
department of a national bank or an affiliate of the trust
company or trust department of a national bank acts as investment
adviser or custodian or provides other services. However, the
securities of the investment company or investment trust in which
such funds are invested must be of the types specified in
subsections (1) to (3), (8) and (9) of this section and the
investment must not cause the county, municipality, political
subdivision or school district whose funds are invested to become
a stockholder in a joint company, corporation or association. For
purposes of this subsection, companies are affiliated if they are
members of the same affiliated group under section 1504 of the
Internal Revenue Code of 1986 (26 U.S.C. 1504).
(11) Repurchase agreements whereby the custodial officer
purchases securities from a financial institution or securities
dealer subject to an agreement by the seller to repurchase the
securities. The repurchase agreement must be in writing and
executed in advance of the initial purchase of the securities
that are the subject of the repurchase agreement. Only securities
described in subsection (1) of this section shall be used in
conjunction with a repurchase agreement and such securities shall
have a maturity of not longer than three years. The price paid by
the custodial officer for such securities may not exceed amounts
or percentages prescribed by written policy of the Oregon
Investment Council or the Oregon Short Term Fund Board created by
ORS 294.885.
{ + NOTE: + } Clarifies reference to federal law in (7)(b).
SECTION 92. ORS 307.203 is amended to read:
307.203. Notwithstanding any other provision of law granting an
exemption from property taxation, specific works or improvements
to provide mobile home or manufactured dwelling parks as defined
in ORS 446.003 that are financed from the proceeds of revenue
bonds issued by the Housing and Community Services Department
under the amendments to ORS 456.615 by section 1, chapter 738,
Oregon Laws 1991, and ORS { - 456.550, 456.555, 456.559,
Enrolled House Bill 2509 (HB 2509-B) Page 97
456.567, 456.571, 456.574, 456.578(1), 456.582, 456.589, 456.593,
456.605, 456.615, 456.620, 456.625, 456.627, 456.630, 456.635,
456.640, 456.645, 456.650, 456.655, 456.661, 456.665, 456.670,
456.675, 456.680, 456.685, 456.690, 456.695, 456.700, 456.705,
456.710, 456.715, 456.717 and 456.720 - } { + 456.550 to
456.725 + } shall not be eligible for a limited assessment or
exemption from property taxation unless:
(1) A city or county governing body has authorized a limited
assessment under ORS 308.450 to 308.481 or an exemption under ORS
307.515 to 307.523; and
(2) The work or improvement qualifies for the limited
assessment or exemption.
{ + NOTE: + } Inserts appropriate series reference.
SECTION 93. ORS 307.541 is amended to read:
307.541. (1) Property that meets all of the following criteria
shall be exempt from taxation as provided in ORS 307.541 to
307.547:
(a) The property is owned or being purchased by a corporation
that is exempt from income taxes under section 501(c) (3) or (4)
of the Internal Revenue Code, as amended before December 1, 1984.
(b) Upon liquidation, the assets of the corporation are
required to be applied first in payment of all outstanding
obligations, and the balance remaining, in cash and in kind, to
be distributed to corporations exempt from taxation and operated
exclusively for religious, charitable, scientific, literary or
educational purposes or to the State of Oregon.
(c) The property is occupied by low income persons.
(d) The property or portion of the property receiving the
exemption { - , - } is actually and exclusively used for the
purposes described in section 501(c) (3) or (4) of the Internal
Revenue Code, as amended before December 1, 1984.
(e) The exemption has been approved as provided in ORS 307.547.
(2) For the purposes of subsection (1) of this section, a
corporation that has only a leasehold interest in property is
deemed to be a purchaser of that property if:
(a) The corporation is obligated under the terms of the lease
to pay the ad valorem taxes on the real and personal property
used in this activity on that property; or
(b) The rent payable by the corporation has been established to
reflect the savings resulting from the exemption from taxation.
(3) A partnership shall be treated the same as a corporation to
which this section applies if the corporation is:
(a) A general partner of the partnership; and
(b) Responsible for the day-to-day operation of the property
that is the subject of the exemption under ORS 307.541 to
307.547.
{ + NOTE: + } Corrects punctuation in (1)(d).
SECTION 94. ORS 326.550 is amended to read:
326.550. (1) The Commissioner for Community College Services
may issue General Educational Development { + (GED) + }
certificates to persons who demonstrate satisfactory performance
in tests prescribed under subsection (2) of this section or meet
the requirements of any prescribed evaluative procedure.
(2) The State Board of Education by rule may prescribe tests
and other appropriate evaluation procedures for the purposes of
subsection (1) of this section and may establish age, residence
and other relevant qualifications for applicants.
(3) The Office of Community College Services may utilize its
personnel and facilities for the administration of this section,
and the State Board of Education may establish by rule a
Enrolled House Bill 2509 (HB 2509-B) Page 98
nonrefundable application fee. The fee may be waived by the State
Board of Education in case of hardship.
(4) Subject to prior approval of the Oregon Department of
Administrative Services and a report to the Emergency Board prior
to adopting the fee, the fee established under subsection (3) of
this section shall not exceed the cost of administering the
program, as authorized by the Legislative Assembly within the
board's budget, as the budget may be modified by the Emergency
Board.
(5) All moneys received under this section shall be deposited
in the State Treasury to the credit of the Office of Community
College Services and shall be used exclusively for administration
of this section. The Office of Community College Services shall
keep a record of all moneys deposited in such account. The record
shall indicate by separate cumulative accounts the source from
which the moneys are derived and the individual activity against
which each withdrawal is charged.
(6) The Commissioner for Community College Services shall
consult with the Superintendent of Public Instruction on all
matters related to evaluation procedures used to measure
equivalent achievement under this section. The superintendent is
authorized to make independent recommendations on evaluation
procedures to the State Board of Education in those cases where
the superintendent's judgment differs from that of the
commissioner.
{ + NOTE: + } Clarifies name of certificate.
SECTION 95. ORS 329.675 is amended to read:
329.675. As used in ORS 329.675 to 329.745 and 329.790 to
329.820:
(1) 'Beginning teacher' means a teacher who:
(a) Possesses a teaching license issued by the Teacher
Standards and Practices Commission;
(b) Is employed at least half time, primarily as a classroom
teacher, by a school district; and
(c) Has taught fewer than 90 consecutive days, or 180 days
total, as a licensed teacher in any public, private or
state-operated school.
(2) 'Educational goals' means a set of goals for educational
performance, as formulated by the 21st Century Schools Councils
and local communities, and adopted by district school boards,
according to provisions of ORS 329.675 to 329.745 and 329.790 to
329.820, to encourage greater accountability between schools and
the community, and better to assess the effectiveness of
educational programs, including the professional growth and
career opportunity programs, described in ORS 329.675 to 329.745
and 329.790 to 329.820.
(3) 'Index of teaching and learning conditions' means the
system for the collection and analysis of relevant educational
data by schools, districts and the state for the purpose of
assessing the educational effectiveness of schools and programs.
(4) 'Mentor teacher' means a teacher who:
(a) Possesses a basic or standard teaching { + , + } personnel
service or administrative license issued by the Teacher Standards
and Practices Commission;
(b) Is employed at the time of selection under contract
primarily as a classroom teacher by a school district in this
state;
(c) Has successfully taught for three or more years as a
licensed teacher in any public school;
(d) Has been selected and trained as described in ORS 329.815;
and
Enrolled House Bill 2509 (HB 2509-B) Page 99
(e) Has demonstrated mastery of teaching skills and subject
matter knowledge.
(5) 'Support program' means a program provided by a mentor
teacher to a beginning teacher that includes, but is not limited
to, direct classroom observation and consultation, assistance in
instructional planning and preparation, support in implementation
and delivery of classroom instruction, and other assistance
intended to enhance the professional performance and development
of the beginning teacher.
{ + NOTE: + } Corrects punctuation in (4)(a).
SECTION 96. ORS 336.010 is amended to read:
336.010. (1) The common school month consists of 20 days.
(2) No pupil shall be required to attend school on any Saturday
or on any legal school holiday. Except as otherwise specifically
provided in this section, a legal school holiday is any holiday
specified in ORS 187.010.
(3) Days on which an election is held throughout the state
shall be school holidays only for such schools in which the sole
schoolroom is used for election purposes.
(4) The following days are not school holidays, but a portion
of the days shall be set apart and observed in the public schools
by appropriate activities:
(a) Lincoln's Birthday on February 12.
(b) Admission of Oregon into the Union on February 14.
(c) Washington's Birthday on February 22.
(d) Columbus Day on October 12.
(5) On January 15, Martin Luther King, Jr.'s actual date of
birth, a portion of the day shall be set apart and observed in
the public schools by appropriate activities.
(6) Martin Luther King, Jr.'s Birthday, designated in ORS
187.010 as the third Monday in January { + , + } shall be a legal
school holiday. However, notwithstanding subsection (8) of this
section, whether or not there shall be compensation of school
employees shall be at the discretion of the school board or
covered by a collective bargaining agreement.
(7) Presidents Day, designated in ORS 187.010 as the third
Monday in February { + , + } is not a legal school holiday.
(8) No teacher shall be required to teach on any Saturday,
except as provided in the terms of the teacher's employment, or
on any legal school holiday. When a holiday occurs on what would
otherwise be a school day, teachers shall be allowed full pay for
the holiday.
(9) No subject required for graduation shall be taught on
Saturday only.
{ + NOTE: + } Corrects punctuation in (6) and (7).
SECTION 97. ORS 336.580 is amended to read:
336.580. (1) Every child at a youth care center, as defined in
ORS 420.855, { - which - } { + that + } is operated by a
private agency { - , - } is entitled to receive appropriate
education suited to the needs of the child in the least
restrictive environment in which the child can function until the
child is no longer of compulsory school age or receives a high
school diploma or an equivalent.
(2) The district shall develop an educational plan for the
children in the youth care center in consultation with the
director of the center. The plan shall be submitted to the
Department of Education annually. In the second and subsequent
years, the district also shall report on the operation of the
previous year's plan in such detail as the State Board of
Education shall specify by rule.
Enrolled House Bill 2509 (HB 2509-B) Page 100
(3) Payments from the Department of Education from funds
appropriated specifically for this section shall be distributed
on a per capita basis according to the number of children for
whom the { - Children's Services Division - } { + Oregon
Youth Authority + } or the State Office for Services to Children
and Families contracts for care and rehabilitation under ORS
420.855 to 420.885.
(4) In order to be eligible for any funds under subsection (3)
of this section, an attending district must provide education
leading to a diploma or equivalent.
(5) The Superintendent of Public Instruction shall have the
authority to enforce the provisions of ORS 336.575, 339.137 and
this section. If a district fails to comply, the superintendent
shall find the district deficient and shall apply the penalty
provided in ORS 327.103.
(6) The State Board of Education shall adopt rules to implement
this section.
(7) Nothing in this section limits or otherwise applies to
educational rights of children in youth care centers operated by
public agencies.
{ + NOTE: + } Corrects grammar; corrects reference to state
agency.
SECTION 97a. { + If Senate Bill 182 becomes law, section 97 of
this Act (amending ORS 336.580) is repealed. + }
SECTION 98. ORS 336.790 is amended to read:
336.790. As used in ORS 336.790 to 336.815, unless the context
requires otherwise:
(1) 'Facility' means any facility for the deaf operated under
ORS 346.010, the Hillcrest School of Oregon and the MacLaren
School { - for Boys - } .
(2) 'Private school' means a private or parochial high school.
(3) 'Public school' means a common or union high school
district and a community college district.
{ + NOTE: + } Corrects name of school.
SECTION 99. ORS 339.147 is amended to read:
339.147. (1)(a) Notwithstanding ORS 339.141, no district school
board shall require tuition for courses not part of the regular
school program, except for driver instruction, from a pupil who
is a member of a low-income family in an amount in excess of what
the low-income family may receive as money specifically to be
used for payment of such tuition.
(b) As used in this subsection, 'low-income family' means a
family whose children qualify for free or reduced price school
meals under a federal program, including but not limited to the
National School Lunch Act and the Child Nutrition Act of 1966,
and all their subsequent amendments.
(2) A family that does not qualify under subsection (1) of this
section but believes the payment of school tuition is a severe
hardship may request the district school board to waive in whole
or in part the payment of such tuition.
(3) Any parent or guardian who believes that payment of any fee
authorized under ORS 339.155 is a severe hardship may request the
district school board to waive payment of the fee and the board
shall waive in whole or in part the fee upon a finding of
hardship. Consideration shall be given to any funds specifically
available to the parent, guardian or child for the payment of
fees or other school expenses.
(4) No district school board shall impose or collect fees
authorized under ORS 339.155 from any student who is a ward of a
juvenile court or of the { - Children's Services Division - }
{ + Oregon Youth Authority + } or the State Office for Services
Enrolled House Bill 2509 (HB 2509-B) Page 101
to Children and Families unless funds are available therefor in
the court's, { + authority's or + } office's { - or
division's - } budget.
(5) No district school board is required to waive any fee
imposed under ORS 339.155 (5)(a) or (d).
{ + NOTE: + } Corrects reference to state agency.
SECTION 100. ORS 339.505 is amended to read:
339.505. (1) For purposes of the student accounting system
required by ORS 339.515, the following definitions shall be used:
(a) 'Graduate' means an individual who has not reached 21 years
of age or whose 21st birthday occurs during the current school
year; has met all state requirements and local requirements for
attendance, competence and units of credit for high school; and
has received one of the following:
(A) A high school diploma issued by a school district.
(B) An adult high school diploma issued by an authorized
community college.
(C) A modified high school diploma based on the successful
completion of an individual education plan.
(b) 'School dropout' means an individual who:
(A) Has enrolled for the current school year, or was enrolled
in the previous school year and did not attend during the current
school year;
(B) Is not a high school graduate; and
(C) Has withdrawn from school.
(c) 'School dropout' does not include a student described by at
least one of the following:
(A) Student has transferred to another educational system or
institution that leads to graduation and the school district has
received a written request for the transfer of the student's
records or transcripts.
(B) Student is deceased.
(C) Student is participating in home instruction paid for by
the district.
(D) Student is being taught by a private teacher or parent
pursuant to ORS 339.030 (3).
(E) Student is participating in a Department of Education
approved public or private education program, including an
alternative education program, a Department of Human Resources
facility or a hospital education program.
(F) Student is temporarily residing in { + a shelter care
program certified by the Oregon Youth Authority or the State
Office for Services to Children and Families or in + } a juvenile
detention facility { - or a Children's Services Division or
State Office for Services to Children and Families certified
shelter care program - } .
(G) Student is enrolled in a foreign exchange program.
(H) Student is temporarily absent from school because of
suspension, a family emergency, or severe health or medical
problems which prohibit the student from attending school.
(2) The State Board of Education shall prescribe by rule when
an unexplained absence becomes withdrawal, when a student is
considered enrolled in school, acceptable alternative programs
under ORS 336.615 to 336.665 and the standards for excused
absences for purposes of ORS 339.065 for family emergencies and
health and medical problems.
{ + NOTE: + } Corrects reference to state agency.
SECTION 101. ORS 339.520 is amended to read:
339.520. The minimum information to be reported on students who
withdraw from school and do not transfer to another educational
system prior to becoming graduates shall be:
Enrolled House Bill 2509 (HB 2509-B) Page 102
(1) Age, sex and racial-ethnic designation of the student;
(2) Date of withdrawal;
(3) Reason for withdrawal, including but not limited to
expulsion, work or death;
(4) Number of credits earned toward meeting graduation
requirements, if applicable, or grade level, of the reporting
district;
(5) Length of time the student was enrolled in the reporting
district;
(6) Information relating to the disposition of the student
after withdrawing, including but not limited to { + General
Educational Development ( + }GED { + ) + } participation,
alternative certificate of participation, transfer to mental
health or
{ - juvenile - } { + youth correction + } facility or
participation in a substance abuse program or other dispositions
listed in ORS 339.505 (1)(b) and (c); and
(7) Information on why the student withdrew as such information
relates to academics, conduct standards, interpersonal
relationships, relation with school personnel, personal
characteristics such as illness, lack of motivation, home and
family characteristics, alternative education participation and
employment information.
{ + NOTE: + } Clarifies name of educational certificate
program; corrects terminology.
SECTION 102. ORS 341.039 is amended to read:
341.039. (1) A petition submitted pursuant to ORS 341.025 may
specify that the proposed district be organized as a community
college service district.
(2) If formed, a community college service district shall in
all respects be governed by the laws applicable to community
college districts with the following exceptions:
(a) A community college service district may not incur bonded
indebtedness for any purpose. This limitation shall not be
construed to prohibit serial levy indebtedness, lease-purchase
arrangements, or other lawful forms of capital financing. Service
districts may hold and own buildings and grounds acquired through
gift or financing methods authorized by this section.
(b) The board of education for a community college service
district shall annually review the programs and services of the
district. This review shall have as its purpose a determination
of which district services can most effectively and economically
be delivered directly and which services can best be delivered
through contracting arrangements. The direct hiring of faculty
and staff is expressly permitted.
(3) The formation of a community college service district shall
comply with the provisions of ORS 341.025 to 341.125. A petition
affecting a territory that, in the judgment of the Commissioner
{ - of - } { + for + } Community College Services, will not
generate an annual enrollment in excess of 1,000 full-time
equivalent students after three years of operation shall be
considered to be a petition for the formation of a community
college service district.
(4) A community college service district may submit to the
electors of the district the question of whether the district
shall operate as a community college district not subject to the
limitations of subsection (2) of this section.
(5) Prior to submitting the question to the electors, the
community college service district must have been in operation
for three years, and must have secured the approval of the State
Enrolled House Bill 2509 (HB 2509-B) Page 103
Board of Education to hold the election. Before granting
approval, the state board must find:
(a) The service district has acquired stability as demonstrated
by a continuity of management, regularly adopted policies and
procedures and adequate financial resources; and
(b) The service district has adopted a sound comprehensive plan
that sets out the district's instructional and capital plans for
five years.
{ + NOTE: + } Corrects official title in (3).
SECTION 103. ORS 341.102 is amended to read:
341.102. If the Legislative Assembly, or if it is not in
session, the Emergency Board, approves the recommendation
submitted under ORS 341.076 or 341.579, it shall appropriate or
allocate to the Office of Community College Services money
necessary to pay the expenses of the election under ORS 341.085
or
{ - under ORS - } 341.579 (1) if the election is to occur
within 24 months of the appropriation or allocation. If the
election does not occur within the biennium immediately following
the appropriation or allocation, the question shall be brought
before the next Legislative Assembly. The state shall have the
responsibility of funding the election without regard to the
outcome of the election.
{ + NOTE: + } Deletes redundant language.
SECTION 104. ORS 342.865 is amended to read:
342.865. (1) No permanent teacher shall be dismissed except
for:
(a) Inefficiency;
(b) Immorality;
(c) Insubordination;
(d) Neglect of duty;
(e) Physical or mental incapacity;
(f) Conviction of a felony or of a crime according to the
provisions of ORS 342.143;
(g) Inadequate performance;
(h) Failure to comply with such reasonable requirements as the
board may prescribe to show normal improvement and evidence of
professional training and growth; or
(i) Any cause which constitutes grounds for the revocation of
such permanent teacher's teaching license.
(2) In determining whether the professional performance of a
permanent teacher is adequate, consideration shall be given to
regular and special evaluation reports prepared in accordance
with the policy of the employing school district and to any
written standards of performance which shall have been adopted by
the board.
(3) Suspension or dismissal on the grounds contained in
subsection (1)(e) of this section shall not disqualify the
teacher involved for any of the { + disability + } benefits
provided in ORS
{ - 238.320 to 238.340, - } { + chapter 238, or any of the
benefits provided in ORS + } 239.233 to 239.239 or 332.507.
(4) Dismissal under subsection (1)(f) of this section shall
remove the individual from any school district policies,
collective bargaining provisions regarding dismissal procedures
and appeals and the provisions of ORS 342.805 to 342.934.
{ + NOTE: + } Clarifies series reference.
SECTION 105. { + ORS 342.910 is added to and made a part of
ORS 342.895 to 342.915. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 106. ORS 343.980 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 104
343.980. (1) Pursuant to rules of the State Board of Education,
the Superintendent of Public Instruction shall be responsible for
approving the educational programs meeting standards established
by the board for children living in or under the care of
{ - Children's Services Division - } { + Oregon Youth
Authority + } youth correction facilities and camps as defined
under ORS 420.005.
(2) The { - Children's Services Division of the Department of
Human Resources - } { + Oregon Youth Authority + } shall be
responsible for payment of the cost of such education from the
funds appropriated for the purpose.
{ + NOTE: + } Corrects reference to state agency.
SECTION 107. ORS 344.257 is amended to read:
344.257. (1) For the purposes of ORS 344.259, 'continuing
education' means organized instruction to serve the needs of
post-secondary students, including but not limited to:
(a) Courses as offered to the regular full-time resident
post-secondary student consisting of professional preparatory
courses and professional supplementary, technical, academic and
professional courses;
(b) Developmental education, consisting of adult basic
education, high school completion courses { + for a high school
diploma + }, instruction to pass the General { - Education - }
{ + Educational + } Development { + (GED) tests + }
{ - Examination for a high school diploma - } , English as a
second language instruction, and remedial instruction;
(c) Educational activities, consisting of adult
self-improvement courses and Federal Cooperative Extension
Service; and
(d) Hobby and recreation activities.
(2) 'Continuing education' for an institution under the
jurisdiction of the State Board of Higher Education, except the
Oregon Health Sciences University and Eastern Oregon State
College, is limited to instruction scheduled to be held at least
30 miles beyond the campus of the institution offering such
instruction.
(3) 'Continuing education' for a community college is limited
to instruction within district boundaries and instruction outside
district boundaries offered under contract.
{ + NOTE: + } Corrects name of tests; corrects syntax.
SECTION 108. ORS 344.760 is amended to read:
344.760. The Legislative Assembly finds that:
(1) It is in the state's interest to { - assure - }
{ + ensure + } coordination of the various groups providing
adult literacy services within communities.
(2) The demands created by new technologies and foreign
competition have intensified the need for a literate workforce.
(3) Community colleges are the major providers of adult
literacy to Oregon communities through adult basic education,
General { - Education - } { + Educational + } Development
{ + (GED) + } and reading, tutoring and pre-employment skills
classes.
(4) Community colleges present the opportunity of a statewide
network able to link libraries, providers of Job Training
Partnership Act services, community schools, volunteer literacy
groups and other providers of literacy services and resources.
{ + NOTE: + } Corrects name of educational program; corrects
grammar.
SECTION 109. ORS 348.890 is amended to read:
348.890. (1) The State Board of Higher Education and the State
Board of Education shall hold at least one meeting annually for
Enrolled House Bill 2509 (HB 2509-B) Page 105
the purpose of coordinating their activities and facilitating the
solution of problems of mutual concern.
(2) Bylaws to be adopted by the members shall determine
procedures for setting meeting dates, locations,
{ - chairmanship - } { + chairperson + } rotation, agendas and
staff support.
{ + NOTE: + } Deletes gender-specific language.
SECTION 110. { + ORS 351.512 is repealed. + }
{ + NOTE: + } Repeals inappropriately codified provisions.
SECTION 111. ORS 353.250 is amended to read:
353.250. { - (1) Pursuant to the provisions of ORS 236.605 to
236.640 and except as otherwise expressly provided in this
chapter, all persons employed by the Oregon Health Sciences
University on July 1, 1995, shall continue their employment with
the university and shall retain any seniority, contractual rights
or tenure granted prior to July 1, 1995. - }
{ - (2) Nothing in this chapter shall affect the
representation rights of collective bargaining organizations that
represent university employees. Nothing in this chapter shall
affect any term or condition of any collective bargaining
agreement in effect on July 1, 1995. - }
{ - (3) - } Notwithstanding the provisions of ORS chapter
238, the university may offer to its employees, in addition to
the Public Employes' Retirement System, alternative retirement
programs.
{ + NOTE: + } Deletes temporary provisions.
SECTION 112. { + (1) Section 57, chapter 162, Oregon Laws
1995, is repealed.
(2) Notwithstanding any other provision of law, ORS 353.330 to
353.370 shall not be considered to have been added to or made a
part of ORS 351.345 to 351.460 or 351.310 to 351.615 for the
purpose of statutory compilation or for the application of
definitions, penalties or administrative provisions applicable to
statute sections in those series. + }
{ + NOTE: + } Removes sections from inappropriate series.
SECTION 113. { + ORS 353.330 to 353.370 are added to and made
a part of ORS chapter 353. + }
{ + NOTE: + } Adds sections to appropriate chapter series.
SECTION 114. { + ORS 353.450 and 353.470 are added to and made
a part of ORS chapter 353. + }
{ + NOTE: + } Adds sections to appropriate chapter series.
SECTION 115. ORS 358.920 is amended to read:
358.920. (1)(a) A person may not excavate, injure, destroy or
alter an archaeological site or object or remove an
archaeological object located on public or private lands in
Oregon unless that activity is authorized by a permit issued
under ORS 390.235.
(b) Collection of an arrowhead from the surface of public or
private land is permitted if collection can be accomplished
without the use of any tool.
(c) It is prima facie evidence of a violation of this section
if:
(A) A person possesses the objects described in paragraph (a)
of this subsection;
(B) A person possesses any tool that could be used to remove
such objects from the ground; and
(C) A person does not possess a permit required under ORS
390.235.
(2) A person may not sell, purchase, trade, barter or exchange
or offer to sell, purchase, trade, barter or exchange any
archaeological object that has been removed from an
Enrolled House Bill 2509 (HB 2509-B) Page 106
archaeological site on public land or obtained from private land
within the State of Oregon without the written permission of the
landowner.
(3)(a) A person may not sell, trade, barter or exchange or
offer to sell, trade, barter or exchange any archaeological
object unless the person furnishes the purchaser a certificate of
origin to accompany the object that is being sold or offered. The
certificate shall include:
(A) For objects obtained from public land:
(i) A statement that the object was originally acquired before
October 15, 1983.
(ii) The location from which the object was obtained and a
brief cumulative description of how the object had come into the
possession of the current owner in accordance with the provisions
of ORS 358.905 to 358.955 and 390.235.
(iii) A statement that the object is not human remains, a
funerary object, sacred object or object of cultural patrimony.
(B) For objects obtained from private land:
(i) A statement that the object is not human remains, a
funerary object, sacred object or object of cultural patrimony.
(ii) A copy of the written permission of the landowner to
acquire the object.
(b) As used in this subsection, 'certificate of origin ' means
a signed and notarized statement that meets the requirements of
paragraph (a) of this subsection.
(4)(a) If the archaeological object was acquired after October
15, 1983, from public lands, any object not described in
paragraph (b) of this subsection is under the stewardship of the
state and shall be delivered to the Oregon State Museum of
Anthropology. The museum shall work with the appropriate Indian
tribe and other interested parties to develop appropriate
curatorial facilities for artifacts and other material records,
photographs and documents relating to the cultural or historic
properties in this state. Generally, artifacts shall be curated
as close to the community of their origin as their proper care
allows. If it is not feasible to curate artifacts within this
state, the museum may after consultation with the appropriate
Indian tribe or tribes enter into agreements with organizations
outside this state to provide curatorial services; and
(b) If the object is human remains, a funerary object, a sacred
object or an object of cultural patrimony, it shall be dealt with
according to ORS 97.740, 97.745 and 97.750.
(5) A person may not excavate an archaeological site on
privately owned property unless that person has the property
owner's written permission.
(6) If human remains are encountered during excavations of an
archaeological site on privately owned property, the person shall
stop all excavations and report the find to the landowner, the
state police, the State Historic Preservation Officer and the
Commission on Indian Services. All funerary objects relating to
the burial shall be delivered as required by ORS 358.940.
(7) This section does not apply to a person who disturbs an
Indian cairn or burial. Any person who disturbs an Indian cairn
or burial for any reason shall comply with the provisions of ORS
97.740 to 97.760 { - and 97.990 (5)(b) - } .
(8) Violation of the provisions of this section is a Class B
misdemeanor.
{ + NOTE: + } Deletes incorrect reference in (7).
SECTION 116. ORS 358.945 is amended to read:
358.945. (1) If a person who is conducting an archaeological
investigation on public lands according to the provisions of ORS
Enrolled House Bill 2509 (HB 2509-B) Page 107
390.235 or on private land with the owner's written permission
finds a sacred object or object of cultural patrimony, the person
conducting the archaeological investigation shall notify in
writing:
(a) The State Historic Preservation Office; and
(b) The appropriate ethnic group, religious group or Indian
tribe that the object is associated with.
(2) If a sacred object or object of cultural patrimony is
recovered on any land, the State Historic Preservation Office
shall assist the appropriate group to repossess the object.
(3) This section does not apply to the contents of an Indian
cairn or burial regulated under ORS 97.740 to 97.760 { - and
97.990 (5)(b) - } .
(4) Failure to notify the appropriate Indian tribe as required
by subsection (1)(b) of this section is a Class B misdemeanor.
{ + NOTE: + } Deletes incorrect reference.
SECTION 117. ORS 366.530 is amended to read:
366.530. The sum designated in ORS 366.525 shall be remitted by
warrant to the county treasurers of the several counties. The
remittance in any year shall be in proportion of the number of
vehicles, trailers, semitrailers, pole trailers and pole or pipe
trailers registered in each county, to the total number of such
vehicles registered in the state as of December 31 of the
preceding year, as indicated by motor vehicles registration
records. All such vehicles owned and operated by the state and
registered under ORS 805.040, 805.045 and 805.060 shall be
excluded from the computation in making the apportionment.
{ - Upon request, the Public Utility Commission shall certify to
the Department of Transportation the information necessary in
order that the department may comply with this section. - }
{ + NOTE: + } Deletes obsolete provision.
SECTION 118. ORS 371.655 is amended to read:
371.655. (1) Except as provided in subsection (2) of this
section, 30 days after the assessment is certified, the entire
amount against each parcel of land shall be due and payable at
the office designated by the governing body of the county and, if
not so paid, shall be delinquent from that date and shall bear
interest at a rate established by the governing body of the
county.
(2) The owner of property assessed under ORS 371.605 to 371.660
shall have the right to apply for installment payment of the
assessment as provided in ORS 223.210.
(3) The provisions of ORS 223.205 and 223.210 to
{ - 223.295 - } { + 223.314 + } (Bancroft Bonding Act) and
223.770 relating to the assessment of property benefited by
public improvements and to the issuance of bonds and other
obligations for the cost of the improvements shall apply in so
far as practicable and applicable in relation to the assessment
by counties of the cost or any portion of the cost of
improvements against the property benefited in accordance with
ORS 371.605 to 371.660 and to the issuance of bonds and other
obligations by the county. However, notwithstanding the
provisions of ORS 223.295, in issuing bonds and other obligations
under the provisions of this section, a county may incur
indebtedness to an amount not exceeding.0375 of the latest real
market valuation of the county.
(4) Where, in ORS 223.205 to { - 223.295 - }
{ + 223.314 + } and 223.770, officials of governmental units are
referred to, the corresponding officials of counties where
applicable and unless otherwise designated by charter shall
perform the required functions.
Enrolled House Bill 2509 (HB 2509-B) Page 108
{ + NOTE: + } Corrects series reference.
SECTION 119. ORS 374.310 is amended to read:
374.310. (1) The Department of Transportation with respect to
state highways and the county court or board of county
commissioners with respect to county roads shall adopt reasonable
rules and regulations and may issue permits, not inconsistent
with law, for the use of the rights of way of such highways and
roads for the purposes described in ORS 374.305. However, the
department shall issue no permit for the construction of any
approach road at a location where no rights of access exist
between the highway and abutting real property.
(2) Such rules and regulations and such permits shall include
such provisions, terms and conditions as in the judgment of the
granting authority may be in the best interest of the public for
the protection of the highway or road and the traveling public
and may include, but need not be limited to:
(a) Provisions for construction of culverts under approaches,
requirements as to depth of fills over culverts and requirements
for drainage facilities, curbs, islands and other facilities for
traffic channelization as may be deemed necessary.
(b) With respect to private road crossings, additional
provisions for the angle of intersection, crossing at grade or
other than grade, sight distances, safety measures including
{ - flagmen - } { + flaggers + }, crossing signs and signals,
reinforcement for protection of the highway, maintenance of the
crossing and for payment by the applicant of the costs of any of
the foregoing.
(c) With respect to private road crossings, the granting
authority may also require the applicant to furnish public
liability and property damage insurance in a sum fixed by the
granting authority, which insurance shall also indemnify the
members, officers, employees and agents of such authority from
any claim that might arise on account of the granting of the
permit and the crossing of the highway or road by vehicles
operating under the permit; and the granting authority may also
require the applicant to furnish indemnity insurance, an
indemnity bond or an irrevocable letter of credit issued by a
commercial bank as defined in ORS 706.005 in a sum fixed by the
granting authority, indemnifying such authority for any damage to
the highways or roads that may be caused by the use of the
crossing.
(3) The powers granted by this section and ORS 374.315 shall
not be exercised so as to deny any property adjoining the road or
highway reasonable access.
{ + NOTE: + } Deletes gender-specific language.
SECTION 120. ORS 377.750 is amended to read:
377.750. (1) For the purpose of applying the spacing provided
by subsection (2) of this section:
(a) Distances shall be measured lineally along the highway and
parallel to the center line of the highway.
(b) A back-to-back, double-faced or V-type sign shall be
considered one sign.
(c) Distance from an interchange shall be measured from a point
departing from or entering onto the main-traveled way.
(2) Minimum spacing between outdoor advertising signs shall be:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 109
Minimum spaceMinimum
between signsspace from
Type of higsame side interchange
where erhighway (in fe(in feet)
Interstate Highway
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Inside cities500 None
Outside cit2,000 500
Freeway
Inside cities500 None
Outside cit1,000 500
Other state highway
Inside cities100 None
Outside citie500 None
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ + NOTE: + } Inserts hairline rules to denote components of
table.
SECTION 121. ORS 377.767 is amended to read:
377.767. A permit shall be issued for the relocation of an
outdoor advertising sign lawfully erected in a commercial or
industrial zone in existence on June 12, 1975, if the site lease
for said sign is terminated for any reason. The existing sign may
be relocated in any commercial or industrial zone upon the
following conditions:
(1) The sign that is relocated shall not have a sign size
larger than that specified in the permit for the sign located on
the site on which the lease was terminated. However, a sign 250
square feet or more may be increased to the maximum size allowed
by the provisions of ORS 377.700 to 377.840 if not relocated so
as to be visible from Interstate Highway 5, Interstate Highway
205, or Interstate Highway 84.
(2) The site for the relocated sign is not within the distances
set out below, on the same side of the highway, from a site from
which an outdoor advertising sign was purchased pursuant to the
provisions of ORS 377.700 to 377.840.
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Distance in Either
Types of HiDirection from Site
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Interstate 2000 feet
Freeway 1000 feet
Enrolled House Bill 2509 (HB 2509-B) Page 110
Other State High500 feet
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(3) Where a sign is relocated in a commercial or industrial
zone which first came into existence after January 1, 1973, the
site shall be within 750 feet of a developed commercial or
industrial area, as measured parallel to the centerline of the
highway. For the purposes of ORS 377.710, 377.715, 377.725,
377.735, 377.770, 377.773, 377.780, 377.800 and 377.845 and this
section, a 'developed commercial or industrial area' shall
include only the land occupied by a building, parking lot,
storage or processing area of a commercial or industrial use and
on the same side of the highway.
(4) After October 4, 1977, no permit shall be issued to
relocate a sign more than 100 miles from the site of an existing
sign as of September 1, 1977, as measured along public streets,
roads or highways between that site and the proposed new site.
(5) In accordance with applicable provisions of ORS 183.310 to
183.550, the department may adopt rules to:
(a) Prohibit the erection of signs, including relocation of
signs, along any portion of U.S. Highway 101 if the signs or the
erection of such signs would violate federal scenic byway laws or
regulations or conditions of federal grants relating to scenic
byways.
(b) Establish design standards for signs on any highway or
portion of highway that is designated a scenic byway by the
Oregon Transportation Commission.
{ + NOTE: + } Inserts hairline rules to denote components of
table.
SECTION 122. ORS 377.836 is amended to read:
377.836. (1) Except as otherwise provided by law, and except as
provided in subsection (2) of this section, the provisions of ORS
chapters 240, 276, 279, 282, 283, 291, 292 and 293 do not apply
to the Travel Information Council. The council is subject to all
other statutes governing a state agency that do not conflict with
ORS 377.700 to 377.840, including the tort liability provisions
of ORS { - chapter 30 - } { + 30.260 to 30.300 + } and the
provisions of ORS 183.310 to 183.550. Subject to the requirements
of ORS chapter 238, the council's employees are members of the
Public Employes' Retirement System.
(2) The following shall apply to the council:
(a) ORS 279.800 to 279.830;
(b) ORS 282.210 to 282.230; and
(c) ORS 293.235, 293.240, 293.245, 293.611, 293.625 and
293.630.
{ + NOTE: + } Inserts appropriate series reference.
SECTION 123. ORS 390.114 is amended to read:
390.114. (1) There is established a State Parks and Recreation
Commission consisting of seven members appointed by the Governor.
(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. 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) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate pursuant to
ORS 171.562 and 171.565.
Enrolled House Bill 2509 (HB 2509-B) Page 111
(4) The Governor shall appoint one member of the commission
from each of the congressional districts referred to in ORS
{ - 188.130 - } { + 188.135 + }, one member from among
individuals who reside west of the summit of the Coast Mountain
Range and one member from among individuals who reside east of
the summit of the Cascade Mountain Range.
(5) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
{ + NOTE: + } Corrects reference to statute describing
current congressional districts.
SECTION 124. ORS 391.130 is amended to read:
391.130. (1) In each fiscal year beginning with the fiscal year
commencing July 1, 1991, there is allocated, from the
Administrative Services Economic Development Fund created by ORS
461.540, the amount of $8 million. However, commencing with the
first fiscal year next following the fiscal year in which bonds
are first issued under ORS 391.140, there shall be allocated from
such fund the amount of $10 million in each fiscal year. In each
fiscal year after bonds are first issued, the Director of
Transportation shall certify any funds allotted in excess of
amounts necessary to pay the annual debt service on the
outstanding bonds and to fund the amounts committed to be paid in
the current or any future fiscal year under any written agreement
or commitment entered into by the Director of Transportation
pursuant to ORS 391.120 (2). The certified amount shall
immediately be returned to the Administrative Services Economic
Development Fund. All amounts allocated under this section shall
be transferred to the Regional Light Rail Extension Construction
Fund established by ORS 391.120.
(2) The annual amounts required to be transferred to the
Regional Light Rail Extension Construction Fund under subsection
(1) of this section, together with all investment earnings on the
amounts on deposit from time to time in the Regional Light Rail
Extension Construction Fund, are continuously appropriated only
for the purposes of:
(a) Funding the Westside corridor extension of light rail
referred to in ORS 391.120; and
(b) Paying the principal and interest on revenue bonds issued
under ORS 391.140.
(3) Except as provided in subsection (4) of this section, and
notwithstanding any other provision of law, the annual allocation
made by this section shall be satisfied and credited as and when
net proceeds from the operation of the state lottery are received
and before any other allocation, appropriation or disbursement of
the net proceeds from the operation of the state lottery is made
in the applicable fiscal year.
(4) For purposes of this section, net proceeds from the
operation of the state lottery in each fiscal year include all
revenues derived from the operation of the state lottery in each
fiscal year less:
(a) The revenues used in that fiscal year for the payment of
prizes and the expenses of the state lottery as provided in
section 4 { - (4)(e) - } { + (4)(d) + }, Article XV of the
Oregon Constitution, ORS 461.500 (2) and 461.510 (3) and (4); and
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543.
(5) The transfer of moneys to the Regional Light Rail Extension
Construction Fund authorized by this section shall cease when the
Director of Transportation certifies in writing that transfers of
moneys under this section are no longer necessary because:
Enrolled House Bill 2509 (HB 2509-B) Page 112
(a) Moneys in the Regional Light Rail Extension Construction
Fund are sufficient for the payment of all amounts committed to
be paid under all written agreements or commitments entered into
between the Director of Transportation and the Tri-County
Metropolitan Transportation District pursuant to ORS 391.120 with
respect to the Westside corridor extension of light rail referred
to in ORS 391.120 (2)(a), and to pay all amounts of principal of
and interest on the outstanding revenue bonds issued under ORS
391.140; and
(b) The Westside corridor extension of light rail referred to
in ORS 391.120 (2)(a) has been completed and such project has
been accepted by the Department of Transportation, and all
claims, suits and actions arising out of such project that could
create a liability payable out of the moneys in the Regional
Light Rail Extension Construction Fund have been resolved.
(6) The Director of Transportation shall deliver a copy of such
certification to the Governor and the State Treasurer. Upon
receipt of the director's written certification that transfer of
moneys to the Regional Light Rail Extension Construction Fund
under this section is no longer necessary, the State Treasurer
shall thereafter credit moneys received by the Regional Light
Rail Extension Construction Fund under this section to the
Administrative Services Economic Development Fund created by ORS
461.540.
{ + NOTE: + } Corrects reference in (4)(a).
SECTION 125. ORS 391.165 is amended to read:
391.165. As used in ORS 391.160 to 391.235, unless the context
requires otherwise:
(1) 'Appropriated funds' for a particular fiscal year means the
funds specifically appropriated or otherwise specifically made
available by the Legislative Assembly or the Emergency Board, as
the case may be, acting in its sole discretion, in the fiscal
year to replenish reserves established as additional security for
light rail lottery bonds pursuant to the authority granted in ORS
391.190.
(2) 'Dedicated lottery revenues' for a particular fiscal year
means an amount of unobligated net lottery proceeds equal to
$31.8 million until South North lottery bonds are sold and $43.8
million thereafter minus the amount of lottery revenues that are
required under ORS 391.125 (1) to be transferred in that fiscal
year to the Regional Light Rail Extension Bond Account for the
purpose of paying when due the principal of and interest on the
Westside lottery bonds.
(3) 'Department' means the Department of Transportation.
(4) 'Director' means the Director of Transportation of the
State of Oregon.
(5) 'Financing obligations' means any bonds, notes, commercial
paper or other obligations for money borrowed issued by or on
behalf of Tri-Met for the purpose of financing any of the costs
of designing, acquiring, constructing and equipping the South
North Line, including the obligations of Tri-Met under any
municipal bond insurance policy, letter of credit, line of
credit, surety bond or other credit enhancement or liquidity
device given to secure or provide liquidity for any such bonds,
notes, commercial paper or other obligations.
(6) 'Grant agreement' means any agreement entered into by the
director and Tri-Met pursuant to ORS 391.170 (2).
(7) 'Light Rail Bond Fund' means the account created pursuant
to ORS 391.180.
(8) 'Light rail lottery bonds' means:
(a) Any refunding lottery bonds;
Enrolled House Bill 2509 (HB 2509-B) Page 113
(b) All South North lottery bonds; and
(c) Any bonds issued to refund any of the bonds described in
paragraph (a) or (b) of this subsection.
(9) 'Metro' means the metropolitan service district created
under ORS chapter 268 and exercising home rule charter powers.
(10) 'Refunding lottery bonds' means any bonds issued for the
purpose of refunding any Westside lottery bonds.
(11) 'South North Line' means the line extending Tri-Met's
regional light rail system between the vicinity of the
intersection of SE Sunnyside Road and I-205 in Clackamas County,
Oregon, to Clark County, Washington, including each phase and
each segment thereof and all portions thereof located within and
without the State of Oregon, as set forth in the Regional
Transportation Plan adopted by Metro as such plan may be amended
from time to time.
(12) 'South North lottery bonds' means the bonds authorized to
be issued under ORS 391.190 (1) for the purposes of funding
essential transportation projects through the Transportation
Equity Account established under ORS 391.210 and of funding the
state's share of the cost of the South North Line. The term
includes any interim financing obligations issued to provide
interim financing for this state's share of the costs of the
South North Line pending the issuance of long-term South North
lottery bonds.
(13) 'Tri-Met' means the Tri-County Metropolitan Transportation
District of Oregon, a mass transit district created under ORS
chapter 267.
(14) 'Unobligated net lottery proceeds' means all revenues
derived from the operation of the state lottery except for:
(a) The revenues used for the payment of prizes and the
expenses of the state lottery as provided in section 4
{ - (4)(e) - } { + (4)(d) + }, Article XV of the Oregon
Constitution, ORS 461.500 (2) and 461.510 (3) and (4);
(b) The revenues required to be applied, distributed or
allocated as provided in ORS 461.543; and
(c) The revenues allocated to the Regional Light Rail Extension
Construction Fund pursuant to ORS 391.140 that are required under
ORS 391.125 (1) to be transferred to the Regional Light Rail
Extension Bond Account for the purpose of paying when due the
principal of and interest on the Westside lottery bonds.
(15) 'Westside lottery bonds' means the bonds issued by the
state pursuant to the authority granted in ORS 391.140, but not
including any refunding lottery bonds.
(16) 'Portland metropolitan region' means the area within the
urban growth boundary established by Metro as that boundary
existed on July 1, 1995.
{ + NOTE: + } Corrects reference in (14)(a).
SECTION 126. ORS 409.185 is amended to read:
409.185. (1) Effective July 1, 1995, the State Office for
Services to Children and Families is established in the
Department of Human Resources and the duties, functions and
powers of the Children's Services Division are vested in the
state office.
(2) The Director of the State Office for Services to Children
and Families shall be appointed by the Governor subject to
confirmation by the Senate pursuant to ORS 171.562 and 171.565
from among persons well qualified by training and experience to
provide the services described in ORS 409.190.
(3) The state director shall hire and supervise qualified
personnel required to provide the services described in ORS
Enrolled House Bill 2509 (HB 2509-B) Page 114
409.190, and may contract as necessary with appropriate public
and private providers for such services.
(4) The director shall oversee the development of standards and
procedures for assessment, investigation and enforcement of child
protective services.
(5)(a) Before July 1, 1995, the Children's Services Division
shall take action to implement the provision of child protective
services as outlined in ORS 417.705 to 417.790 and 419A.170 and
based on the recommendations in the 1992 'Oregon Child Protective
Services Performance Study' published by the University of
Southern Maine.
(b) In all substantiated cases of child abuse and neglect, the
role of the division, or, on and after July 1, 1995, the State
Office for Services to Children and Families, is to complete a
comprehensive family assessment of risk of abuse or neglect, or
both, assess service needs and provide immediate protective
services as necessary.
(c) The division shall provide remedial services needed to
{ - assure - } { + ensure + } the safety of the child.
(d) In all cases of abuse and neglect when a criminal
investigation occurs, the role of law enforcement agencies is to
provide a legally sound, child sensitive investigation of whether
abuse or neglect { - , - } or both { - , has - }
{ + have + } occurred and to gather other evidence and perform
other responsibilities in accordance with interagency agreements.
(e) The division and law enforcement agencies shall conduct the
investigation and assessment concurrently, based upon the
protocols and procedures of the multidisciplinary team in each
jurisdiction.
(f) When conducting a joint investigation and assessment, the
activities of the division and law enforcement agencies are to be
clearly differentiated by the protocols of the multidisciplinary
team.
(g) Nothing in this subsection is intended to be inconsistent
with ORS 418.747, 418.748 and 418.749 and ORS chapter 419B.
(h) Funds available under chapter 637, Oregon Laws 1993, may be
used to provide training for persons providing services under
this subsection.
(6) On or before July 1, 1995, all federal funds administered
by the Department of Human Resources through the Children's
Services Division shall be transferred and made available to the
State Office for Services to Children and Families.
{ + NOTE: + } Corrects grammar in (5)(c) and (d).
SECTION 127. ORS 411.892 is amended to read:
411.892. (1)(a) All employers, including public and private
sector employers within the State of Oregon, are eligible to
participate in the JOBS Plus Program. The Adult and Family
Services Division of the Department of Human Resources shall
adopt by rule a method to disqualify employers from participating
in the program. No employer is required to participate in the
JOBS Plus Program. In the event that there are unassigned
participants whom no employer desires to utilize, the
participants may be assigned to work for a public agency.
(b) The maximum number of program participants that any
employer is authorized to receive at any one time shall not
exceed 10 percent of the total number of the employer's
employees. However, each employer may receive one participant.
The Assistant Director for Adult and Family Services may waive
the limit in special circumstances.
(c) The Department of Human Resources by rule shall establish
criteria for excluding employers from participation for failure
Enrolled House Bill 2509 (HB 2509-B) Page 115
to abide by program requirements, showing a pattern of
terminating participants prior to the completion of training or
other demonstrated unwillingness to comply with the stated intent
of the program.
(2) The department shall ensure that jobs made available to
program participants shall:
(a) Not require work in excess of 40 hours per week;
(b) Be in conformity with section 3304(a)(5) of the Federal
Unemployment Tax Act;
(c) Not be used to displace regular employees or to fill
unfilled positions previously established; and
(d) Not pay a wage that is substantially less than the wage
paid for similar jobs in the local economy with appropriate
adjustments for experience and training.
(3)(a) Eligibility for the program shall be limited to
residents who are:
(A) Adults and caretaker relatives who are receiving aid to
dependent children benefits;
(B) Adult food stamp program recipients except as described in
subsection (5)(b) of this section;
(C) Unemployment compensation recipients; and
(D) Unemployed noncaretaker parents of children who are
receiving aid to dependent children benefits.
(b) In addition to those residents eligible for the program
under paragraph (a) of this subsection, additional residents who
are seeking employment may be eligible for the program if there
are legislatively allocated funds available from the savings
attributable to the program in the Unemployment Compensation
Trust Fund or in the aid to dependent children budget of the
Adult and Family Services Division.
(4)(a) Individuals desiring work through the program shall
contact the nearest Adult and Family Services Division office
serving the county in which they reside if they are aid to
dependent children program or food stamp program applicants or
recipients. Unemployment insurance applicants or recipients or
those seeking employment may gain access to the program through
their local Employment Department office.
(b) With the assistance of the local JOBS Plus Implementation
Councils and the JOBS Plus Advisory Board, the Department of
Human Resources shall develop a job inventory of sufficient size
to accommodate all of the participants who desire to work in the
program. In consultation with the participant, the Department of
Human Resources shall try to match the profile of each
participant with the needs of an employer when assigning a
participant to work with the employer.
(c) Either the employer or the participant may terminate the
assignment by contacting the appropriate department office. In
such event, the department shall reassess the needs of the
participant and assign the participant to another JOBS Plus
Program placement or another JOBS Plus Program component and, at
the employer's request, provide the employer with another
participant.
(d)(A) If after four months in a placement, a participant has
not been hired for an unsubsidized position, the employer shall
allow the worker to undertake eight hours of job search per week.
Participating employers shall consider such time as hours worked
for the purposes of paying wages.
(B) If after six months in a placement, a participant has not
been hired for an unsubsidized position, the placement shall be
terminated, and the caseworker shall reassess the participant's
employment development plan.
Enrolled House Bill 2509 (HB 2509-B) Page 116
(e) The Adult and Family Services Division may pay placement
and barrier removal payments to aid to dependent children and
food stamp program participants as necessary to enable
participation in the JOBS Plus Program.
(f) The department shall accept eligible volunteers into the
program prior to mandating program participation by eligible
persons.
(5)(a) Assignment of participants to available jobs shall be
based on a preference schedule developed by the Department of
Human Resources and the Employment Department. Any aid to
dependent children recipient or food stamp recipient may
volunteer for the program.
(b) The following individuals shall not be required to
participate in the program:
(A) Aid to dependent children and food stamp recipients who are
eligible for Supplemental Security Income benefits or other
ongoing state or federal maintenance benefits based on age or
disability.
(B) Food stamp applicants or recipients who are employed
full-time or are college students eligible for food stamps and
enrolled full-time in a community college or an institution of
higher education, or enrolled half-time in a community college or
an institution of higher education and working at least 20 hours
per week.
(C) Teenage parents who remain in high school if progressing
toward a diploma. Teenage parents not in school are eligible for
the JOBS Plus Program.
(c) The Department of Human Resources shall provide life skills
classes and opportunities to achieve General Educational
Development { + (GED) + } certificates to appropriate
participants in conjunction with working in the JOBS Plus
Program.
(d) Aid to dependent children and food stamp benefits shall be
suspended at the end of the calendar month in which an employer
makes the first wage payment to a participant who is a custodial
parent in a family that receives aid to dependent children or to
any adult member of a household receiving food stamps. Failure of
the participant to cooperate with the requirements of the JOBS
Plus Program may result in the participant's removal, in
accordance with rules adopted by the Department of Human
Resources, from the JOBS Plus Program and suspension of the
participant's aid to dependent children grant and food stamp
allotment. An aid to dependent children and food stamp recipient
who has been removed from the program for failing to cooperate
shall be eligible to reapply to participate in the program and
shall have eligibility for program services determined without
regard to the length of time the person was not participating
following removal.
(6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
(b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for temporary employees.
(c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
(d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
Enrolled House Bill 2509 (HB 2509-B) Page 117
(e) Employers shall provide workers' compensation coverage for
each JOBS Plus Program participant.
(7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the aid
to dependent children program and the food stamp benefit amount
equivalent that the participant would otherwise receive, the
department shall determine and pay a supplemental payment as
necessary to provide the participant with that level of net
income. The department shall determine and pay in advance
supplemental payments to participants on a monthly basis as
necessary to ensure equivalent net program wages. Participants
shall be compensated only for time worked.
(8) In addition to and not in lieu of the payments provided for
under subsections (6) and (7) of this section, participants shall
be entitled to retain the full child support payments collected
by the department.
(9) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state day
care program regulations, child day care shall be provided for
all program participants who require it.
(10) JOBS Plus Program employers shall:
(a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
(b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
(c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
(d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
(e) Sign an agreement to abide by all requirements of the
program, including the requirement that the program not supplant
existing jobs. All agreements shall include provisions noting the
employer's responsibility to repay reimbursements in the event
the employer violates program rules.
(11) Program participant wages shall be subject to federal and
state income taxes, social security taxes and unemployment
insurance tax or reimbursement as applicable under ORS chapter
657, which shall be withheld and paid in accordance with state
and federal law. Supplemental payments made pursuant to
subsection (7) of this section shall not be subject to state
income taxes under ORS chapter 316 and, to the extent allowed by
federal law, shall not be subject to federal income taxes and
social security taxes.
(12)(a) The department shall reimburse employers for the
employers' share of social security, unemployment insurance and
workers' compensation premiums paid on behalf of program
participants, as well as the minimum wage earnings paid to
program participants by the employer.
(b) If the department finds that an employer has violated any
of the rules of the JOBS Plus Program, the department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
{ + NOTE: + } Clarifies name of certificate in (5)(c).
SECTION 128. ORS 414.023 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 118
414.023. { - (1) - } Chemical dependency services shall
begin on January 1, 1995, to operate through June 30, 1996, in
the Department of Human Resources for the purpose of
demonstrating the relationship of alcohol and drug services to
the costs of physical medicine. After July 1, 1996, the services
shall cover all of the eligible state-funded chemical dependency
services. The goal of the services is to reduce the inappropriate
use of physical medicine by providing treatment services in an
integrated and managed care system. The services shall consist of
outpatient services only and may be either statewide or
geographically limited depending on the waiver agreement
negotiated with the Federal Government.
{ - (2) The department shall report to the Emergency Board
and any other appropriate interim legislative committee or task
force on the implementation plan for the services by October 1,
1994. In designing and implementing these services, the
department shall collaborate with the office of Alcohol and Drug
Abuse Programs, public and private treatment programs, the Mental
Health and Developmental Disability Services Division, the Office
of Medical Assistance Programs, county mental health programs,
the Governor's Council on Alcohol and Drug Abuse Programs and
providers of managed care. - }
{ + NOTE: + } Deletes temporary provision.
SECTION 129. ORS 417.735 is amended to read:
417.735. (1) The State Commission on Children and Families
shall promote the wellness of children and families at the state
level and shall act in accordance with the principles,
characteristics and values identified in ORS 417.710 to 417.725.
The state commission shall provide no direct services, but shall
be responsible for statewide planning, standards setting and
policy development for services to children and families provided
by the local commissions.
(2) Funds for local commissions shall consist of payments from
moneys appropriated therefor to the State Commission on Children
and Families by the Legislative Assembly. The state commission
shall develop an equitable formula for the distribution of funds
to counties or regions for services to children and families, and
a minimum annual grant shall be provided to each county or
region.
(3) The state commission shall:
(a) Adopt goals and priorities for serving children and
families;
(b) Determine which services, excluding those identified in ORS
409.190 and 430.215, may be transferred to the local commissions
on children and families based on consultation with appropriate
state agencies and each local commission during its planning
process. Responsibility for services to children and families
shall be transferred to a local commission at the request of the
board or boards of county commissioners of a county or region and
after a finding by the state commission that the county or region
has a comprehensive and competent plan for delivery of services
{ - which - } { + that + } focuses on prevention and is
integrated with all services to children and families;
(c) Be responsible for statewide planning, outcome standard
setting and policy development for service to children and
families in consultation with appropriate state and local
agencies and local commissions;
(d) Advise the Legislative Assembly and the Governor concerning
possible solutions to problems facing children and families;
(e) Identify outcomes relating to children and families for
incorporation in the Oregon benchmarks;
Enrolled House Bill 2509 (HB 2509-B) Page 119
(f) Determine a list of children's support areas that local
commissions must address and { - assure - } { + ensure + }
that each local plan identifies which entities will be
responsible for implementing segments of the plan;
(g) Review and approve or deny local plans after a review and
comment period and following a public hearing;
(h) { - Assure - } { + Ensure + } that all services for
children and families are integrated and evaluated according to
their outcomes;
(i) By January 1, 1995, recommend to the Legislative Assembly
what additional proposals of 'A Positive Future for Oregon's
Children and Families' by the 1991-1992 Oregon Children's Care
Team Interim Task Force should be undertaken;
(j) By January 1, 2000, implement other recommendations of ' A
Positive Future for Oregon's Children and Families';
(k) Establish a uniform system of reporting and collecting
statistical data from counties and other agencies serving
children and families;
(L) In conjunction with the Department of Human Resources,
educate, inform and give technical assistance to local
commissions about federal and state laws, regulations and rules,
and changes therein, governing the use of federal and state
funds; and
(m) Make recommendations to the Commission for Child Care for
the development of the state's biennial child care plan.
(4) The state commission, in coordination with the local
commissions on children and families, shall:
(a) Assist the local commissions in the development and
implementation of performance and outcome criteria for evaluating
services at the local level;
(b) Monitor the progress in meeting criteria in the local
plans;
(c) In coordination with the Department of Human Resources or
other appropriate state agency, provide technical assistance to
the local commissions in developing the capacity needed to offer
all services funded in the approved local plan;
(d) Conduct research and disseminate information to local
commissions on children and families;
(e) Negotiate federal waivers in consultation with the
Department of Human Resources;
(f) Transfer state and federal funds to the local commission
upon approval of its local plan. In those cases where two or more
counties have combined to deliver services, the counties shall
not receive less as a group than they would have received if each
county had participated separately; and
(g) Develop a process for reviewing requests for waivers from
requirements of the state commission. Requests for waivers shall
be granted or denied as a part of the plan approval process.
(5) The state commission shall employ a staff director who
shall be responsible for hiring and supervising any additional
personnel necessary to assist the state commission in performing
its duties. The { + staff + } director shall represent the state
commission on the Oregon Coordinating Council for Children and
Families. The staff { + director + } shall be responsible for
management functions of the state commission subject to policy
direction by the state commission.
(6) To the extent that federal funding is not jeopardized, the
State Commission on Children and Families shall enter into an
interagency agreement with the Department of Human Resources in
which they agree on a system to:
Enrolled House Bill 2509 (HB 2509-B) Page 120
(a) Distribute all Title XX Social Services Block Grant funds
on and after July 1, 1995;
(b) { - Insure - } { + Ensure + } that federal and state
requirements are met for federal funds administered by the state
commission; and
(c) Carry out the necessary auditing, monitoring and
information requirements for federal funds distributed by the
state commission.
(7) In addition to the authority under subsection (4)(f) of
this section, the state commission may direct the Department of
Human Resources or the appropriate state department providing
services for children and families, as defined in ORS 417.705, to
negotiate federal waivers. If the Department of Human Resources
or any other state agency does not pursue a federal waiver
recommended by the state commission, the state commission may ask
the Governor to direct the Department of Human Resources or other
state agency to apply for and negotiate the waiver.
(8) If the Department of Human Resources or any other state
agency refuses to distribute state or federal funds as requested
by the state commission, the state commission may ask the
Governor to direct the Department of Human Resources or other
state agency to distribute the funds.
(9) The programs shall be funded as fully as possible by Title
XX of the federal Social Security Act, consistent with the terms
and conditions of the block grant program and the local plans
that reflect community priorities established by the local
planning process.
(10) In conjunction with the Department of Human Resources, the
state commission, as soon as possible, shall develop a plan to
re-engineer and integrate the data processing systems related to
children's programs with the objective of making management
information more accessible. The state commission shall make
regular presentations to the Joint Legislative Committee on
Information Management and Technology on its progress in
developing and implementing the plan.
(11) Before each regular session of the Legislative Assembly,
the state commission shall report to the Governor and to the
appropriate joint interim committee as determined by the Speaker
of the House of Representatives and the President of the Senate
the following:
(a) The status of the children's service system in all
counties;
(b) The progress in service areas provided by the state;
(c) Services identified for funding at or transfer to the local
level;
(d) Services identified to stay at the state level; and
(e) The status of integration of service delivery for children
and families with the Department of Education.
(12) If it is necessary for any interagency agreements to be
executed between the Department of Human Resources and the State
Office for Services to Children and Families, the agreements
shall be executed no later than July 1, 1995.
(13)(a) The state commission may solicit, accept and receive
federal moneys or moneys or other property from persons or
corporations, public or private, for the purpose of carrying out
the provisions of ORS 417.705 to 417.790 and 419A.170.
(b) All federal moneys collected or received under paragraph
(a) of this subsection shall be accepted and transferred or
expended by the state commission upon such terms and conditions
as are prescribed by the Federal Government.
Enrolled House Bill 2509 (HB 2509-B) Page 121
(c) All moneys and other property accepted by the state
commission under this subsection shall be transferred, expended
or used upon such terms and conditions as are prescribed by the
donor in a manner consistent with applicable law.
(14)(a) The state commission shall administer a public
information program for families in conflict. In conjunction with
the Dispute Resolution Commission, the state commission shall
develop materials explaining community services that are
available to families in conflict. The materials shall include,
but need not be limited to:
(A) Public service announcements and videos;
(B) Explanations on the availability of, and procedures for,
dispute resolution; and
(C) A packet of information that would include, at a minimum,
information about:
(i) Child support guidelines;
(ii) Visitation guidelines in use in the particular court;
(iii) The availability of publicly funded child support
services; and
(iv) The openness of discovery exchange.
(b) The state commission shall make the information referred to
in paragraph (a)(B) and (C) of this subsection available at
courthouses, state and local government offices that provide
services to children and families and other public places as
appropriate. The court shall provide the packet of information to
persons filing a dissolution or other domestic relations action.
{ + NOTE: + } Clarifies reference to state official; corrects
grammar.
SECTION 130. ORS 418.005 is amended to read:
418.005. (1) In order to establish, extend and strengthen
welfare services for the protection and care of homeless,
dependent or neglected children or children in danger of becoming
delinquent, the Children's Services Division may:
(a) Make all necessary rules and regulations for administering
child welfare services under this section.
(b) Accept and disburse any and all federal funds made
available to the State of Oregon for child welfare services.
(c) Make such reports in such form and containing such
information as may from time to time be required by the Federal
Government and comply with such provisions as may from time to
time be found necessary to insure correctness and verification of
such reports.
(d) Cooperate with medical, health, nursing and welfare groups
and organizations and with any agencies in the state providing
for protection and care of homeless, dependent or neglected
children or children in danger of becoming delinquent.
(e) Cooperate with the United States Government or any of its
agencies in administering the provisions of this section.
(2) { - In addition to the advisory committees established
under ORS 423.320 and 657A.500 to 657A.530, - } There is created
an advisory committee { - which - } { + that + } shall
consist of 21 members to advise the Children's Services Division
on the development and administration of the policies, programs
and practices of the division. Members shall be appointed by and
serve at the pleasure of the assistant director of the division.
(a) Advisory committee membership shall include representatives
of other state agencies concerned with services, representatives
of professional, civic or other public or private organizations,
private citizens interested in service programs, and recipients
of assistance or service or their representatives.
Enrolled House Bill 2509 (HB 2509-B) Page 122
(b) Members of the advisory committee shall receive no
compensation for their services. Members of the advisory
committee other than members employed in full-time public service
shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties by the Children's
Services Division. Such reimbursements shall be subject to the
provisions of ORS 292.210 to 292.288. Members of the advisory
committee 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.
(c) The advisory committee shall meet at least once every three
months.
(3) Subject to the allotment system provided for in ORS 291.234
to 291.260, the division may expend the amounts necessary to
carry out the purposes and administer the provisions of this
section.
{ + NOTE: + } Deletes obsolete references; corrects grammar.
SECTION 131. ORS 418.658 is amended to read:
418.658. (1) The Director of the Oregon Youth Conservation
Corps shall establish a separate program known as the Oregon
Community Service Corps. In addition to the established purposes
of the Oregon Youth Conservation Corps, the purpose of the Oregon
Community Service Corps is to promote community service
activities throughout the state for a broad cross section of
Oregon disadvantaged and at-risk youth through programs that also
include appropriate educational and job training opportunities
for participants.
(2) In addition to projects submitted under ORS 418.660 (1),
projects of the Oregon Community Service Corps may include, but
shall not be limited to:
(a) Child care services.
(b) Elderly and disabled care services.
(c) Literacy education programs.
(d) Recycling and other waste reduction services.
(3) The Oregon Community Service Corps shall offer employment
and educational opportunities of at least three but not more than
12 months' duration for selected participants.
(4) Under rules adopted by the program director, participants
who successfully complete any 12-month program under this section
shall be eligible for $1,500 in tuition vouchers that can be used
at any career school or post-secondary educational institution
that is qualified to receive assistance through the State
Scholarship Commission.
(5) All Oregonians who are at least 16 years of age and under
25 years of age are eligible to participate in the program. To
ensure that Oregon Community Service Corps participants represent
a broad cross section of Oregonians, special emphasis shall be
given to recruiting high school dropouts and other disadvantaged
and at-risk youth, according to criteria established by the
Oregon Youth Conservation Corps Advisory Committee.
(6) To the extent practicable, the program director shall
enlist state and federal agencies, local government, nonprofit
organizations, and private businesses, and any combination of
such entities, to act as sponsors for programs administered under
this section. Selection of sponsors shall be based on criteria
that include the following:
(a) The availability of other resources on a matching basis,
including contributions from private sources, other federal,
state and local agencies, and moneys available through the Job
Training Partnership Act (P.L. 97-300, as amended, 29 U.S.C. 1501
et seq.);
Enrolled House Bill 2509 (HB 2509-B) Page 123
(b) The provision of related educational and job training
programs to participants, including but not limited to high
school and college coursework, General Educational Development
{ - test - } (GED) { + tests + } equivalency training,
project-related education and professional training;
(c) Assurances that proposed projects will not displace
existing employees or duplicate existing private or government
programs;
(d) Assurances that proposed projects are devoted to the
enhancement of the community and are not based in maintenance
activities and that these projects meet an identified need; and
(e) Assurances that the proposed projects have been reviewed by
the appropriate local commission on children and families
established under ORS 417.760.
(7) In consultation with the advisory committee and with the
approval of the local commission, the program director shall make
grants for programs administered under this section.
{ + NOTE: + } Corrects syntax and word choice in (6)(b).
SECTION 132. ORS 419A.262 is amended to read:
419A.262. (1) An expunction proceeding shall be commenced in
the county where the subject child resided at the time of the
most recent termination.
(2) Upon application of either a person who is the subject of a
record or a juvenile department, or upon its own motion, the
juvenile court shall order expunction if, after a hearing when
the matter is contested, it finds that:
(a) At least five years have elapsed since the date of the
person's most recent termination;
(b) Since the date of the most recent termination, the person
has not been convicted of a felony or a Class A misdemeanor;
(c) No proceedings seeking a criminal conviction or an
adjudication in a juvenile court are pending against the person;
(d) The person is not within the jurisdiction of any juvenile
court on the basis of a petition alleging an act or behavior as
defined in ORS 419B.100 (1)(a) to (c) and (f) or 419C.005; and
(e) The juvenile department is not aware of any pending
investigation of the conduct of the person by any law enforcement
agency.
(3) In the case of an application by the juvenile department or
of the court acting upon its own motion, expunction shall not be
ordered if actual notice of expunction has not been given to the
person in accordance with subsection (10) of this section unless
the person has reached 21 years of age.
(4) When a person who is the subject of a record kept by a
juvenile court or juvenile department reaches 18 years of age,
the juvenile court, after a hearing when the matter is contested,
shall order expunction if:
(a) The person never has been found to be within the
jurisdiction of the court; or
(b) The conditions of subsection (2) of this section have been
met.
(5) Expunction shall not be ordered under this section if
actual notice of expunction has not been given to the person in
accordance with subsection (10) of this section unless the person
has reached 21 years of age.
(6) Subsections (4) and (5) of this section shall apply only to
cases which result in termination after September 13, 1975.
(7) Notwithstanding subsections (2) and (4) to (6) of this
section, upon application of a person who is the subject of a
record kept by a juvenile court or juvenile department, upon
application of the juvenile department, or upon its own motion,
Enrolled House Bill 2509 (HB 2509-B) Page 124
the juvenile court, after a hearing when the matter is contested,
may order expunction of all or any part of the person's record if
it finds that to do so would be in the best interests of the
person and the public. In the case of an application by the
juvenile department or of the court acting upon its own motion,
expunction shall not be ordered if actual notice of expunction
has not been given to the person in accordance with subsection
(10) of this section unless the person has reached 21 years of
age.
(8) When an expunction proceeding is commenced by application
of the person whose records are to be expunged, the person shall
set forth as part of the application the names of the juvenile
courts, juvenile departments, institutions and law enforcement
and other agencies which the person has reason to believe possess
an expungible record of the person. The juvenile department shall
provide the names and addresses of the juvenile courts, juvenile
departments, institutions and law enforcement and other agencies
which a reasonable search of department files indicates have
expungible records.
(9) When an expunction proceeding is commenced by application
of the juvenile department or upon the court's own motion, the
application or motion shall set forth the names and addresses of
the juvenile courts, juvenile departments, institutions and law
enforcement and other agencies which a reasonable search of
department files indicates have expungible records and those
provided by the subject child.
(10) Notice of an application for expunction under subsections
(2) to (7) of this section shall be given to:
(a) The district attorney of the county in which the expunction
proceeding is commenced and the district attorney of each county
in which the record sought to be expunged is kept; and
(b) The person who is the subject of the record if the person
has not initiated the expunction proceeding.
(11) Within 30 days of receiving the notice of application for
expunction under subsection (10) of this section, a district
attorney shall give written notice of any objection and the
grounds therefor to the person whose records are to be expunged
and to the juvenile court. If no objection is filed the court may
decide the issue of expunction either without a hearing or after
full hearing pursuant to subsections (12) to (15) of this
section.
(12) When an expunction is pending pursuant to subsections (2)
to (7) of this section, the court may proceed with or without a
hearing, except that:
(a) The court may not enter an order of expunction without a
hearing if a timely objection to expunction has been filed
pursuant to subsection (11) of this section; and
(b) The court may not deny an expunction without a hearing if
the proceeding is based on an application of the subject.
(13) Notice of a hearing on a pending expunction shall be
served on the subject and any district attorney filing a timely
objection pursuant to subsection (11) of this section.
(14) The court shall conduct a hearing on a pending expunction
in accord with the provisions of ORS 419B.195, 419B.198,
419B.201, 419B.205, 419B.208, 419B.310, 419B.317 and 419B.320.
Rules of evidence shall be as in a hearing to establish juvenile
court jurisdiction and as defined in ORS 419B.310 { - (3) - }
{ + (4) + } and 419C.400 (2). The burden of proof shall be with
the party contesting expunction.
(15) At the conclusion of a hearing on a pending expunction,
the court shall issue an order granting or denying expunction.
Enrolled House Bill 2509 (HB 2509-B) Page 125
Such order shall be a final order of the court for purposes of
appeal.
(16) The juvenile court or juvenile department shall send a
copy of an expunction order to each agency subject to the order.
Upon receipt of a copy of the order, an agency subject thereto
shall comply and, within 21 days of the date of receipt, return
the copy to the juvenile court or juvenile department with an
indorsement indicating compliance.
(17) When all agencies subject to an expunction order have
indicated their compliance or in any event no later than six
weeks following the date the order was delivered as required by
subsection (16) of this section, the juvenile court shall provide
the person who is the subject of the record with a copy of the
expunction order, a list of complying and noncomplying agencies,
and a written notice of rights and effects of expunction. The
juvenile court and juvenile department then shall remove and
destroy forthwith all records which they possess and which are
subject to the order, except the original expunction order and a
list of complying and noncomplying agencies which shall be
preserved under seal.
(18) In addition to those agencies identified in ORS 419A.260
(1)(d), the juvenile, circuit, district, municipal and justice
courts, and the district and city attorneys of this state, are
bound by an expunction order of any juvenile court of appropriate
jurisdiction in this state issuing an order of expunction.
(19) Upon entry of an expunction order, the contact which is
the subject of the expunged record shall not be disclosed by any
agency. An agency which is subject to an expunction order shall
respond to any inquiry about the contact by indicating that no
record or reference concerning the contact exists.
(20) A person who is the subject of a record which has been
expunged under this section may assert that the record never
existed and that the contact, which was the subject of the
record, never occurred without incurring a penalty for perjury or
false swearing under the laws of this state.
(21) Juvenile courts, by court rule or by order related to a
particular matter, may direct that records concerning a subject
child be destroyed. No such records shall be destroyed until at
least three years have elapsed after the date of the subject's
most recent termination. In the event the record has been
expunged, the order of expunction and list of complying agencies
shall not be destroyed, but shall be preserved under seal. The
destruction herein defined does not constitute expunction.
(22) An order of expunction and list of complying agencies
shall be released from confidentiality only on order of the court
originating the order of expunction, based on a finding that
review of a particular case furthers compliance with the
expunction provisions of this chapter.
(23) A subject has a right of action against any person who
intentionally violates the confidentiality provisions of this
section. In any such proceeding, punitive damages up to an amount
of $1,000 may be sought in addition to any actual damages. The
prevailing party shall be entitled to costs and reasonable
attorney fees.
(24) Intentional violation of the confidentiality provisions of
this section by a public employee is cause for dismissal.
(25) A person who intentionally releases all or part of an
expunged record commits a Class C misdemeanor.
{ + NOTE: + } Corrects subsection reference in (14).
SECTION 133. ORS 419B.521 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 126
419B.521. (1) A hearing shall be held by the court on the
question of terminating the rights of the parent or parents. No
such hearing shall be held any earlier than 10 days after service
or final publication of the summons. The facts on the basis of
which the rights of the parents are terminated, unless admitted,
must be established by clear and convincing evidence and a
stenographic or other report authorized by ORS 8.340 shall be
taken of the hearing.
(2)(a) In a hearing under subsection (1) of this section, or at
any time following the establishment of jurisdiction and wardship
pursuant to ORS 419B.100, the court may find by clear and
convincing evidence that it is in the best interest of the child
that the parent never have physical custody of the child but that
other parental rights should not be terminated. In such a case,
the court may establish a guardianship for the child.
(b) The court shall grant guardianship of the child to some
willing, qualified and suitable person who has petitioned the
court for appointment as a guardian, if it appears necessary to
do so in the interests of the child.
(c) A person appointed guardian of the child shall have the
duties and authority of a guardian appointed { - pursuant to
ORS 126.080 - } { + under ORS chapter 125 + }.
(d) After guardianship is granted under this section, the
parents may not petition the court to terminate the guardianship.
(3) Not earlier than provided in subsection (1) of this section
and not later than six months from the date on which summons for
the petition to terminate parental rights is served, the court
before which the petition is pending shall hold a hearing on the
petition except for good cause shown. When determining whether or
not to grant a continuance for good cause, the judge shall take
into consideration the age of the child and the potential adverse
effect delay may have on the child. The court shall make written
findings when granting a continuance.
(4) The court, on its own motion or upon the motion of a party,
may take testimony from any child appearing as a witness and may
exclude the child's parents and other persons if the court finds
such action would be likely to be in the best interests of the
child. However, the court may not exclude the attorney for each
party and any testimony taken under this subsection shall be
recorded.
(5) Notwithstanding subsection (1) of this section, if an
Indian child is involved, termination of parental rights must be
supported by evidence beyond a reasonable doubt, including
testimony of qualified expert witnesses, that continued custody
of the child is likely to result in serious emotional or physical
harm to the child.
{ + NOTE: + } Corrects reference.
SECTION 134. ORS 420.019 is amended to read:
420.019. (1)(a) The Oregon Youth Authority may contract with
the governing body of a county or two or more counties, if the
counties have joined together as a consortium or region, for
implementing the statewide diversion plan, which may include
juvenile parole and probation services or out-of-home placement.
(b) A county or counties that contract with the Oregon Youth
Authority under this section shall have access to a continuum of
out-of-home placement options including, but not limited to,
youth correction facilities, youth care centers, foster care and
private placements. Participating counties shall be ensured
access to an equitable share of out-of-home placements.
(c) A county or counties that contract with the Oregon Youth
Authority under this section have the responsibility for parole
Enrolled House Bill 2509 (HB 2509-B) Page 127
decisions regarding youths from the county or counties committed
to youth correction facilities. In the event that a county or
counties are operating over the allocated { - training
school - } { + youth correction facility + } cap, the youth
authority may assume parole authority until the county population
is at the cap.
(d) The state and county may agree that the governing body of
the county or counties may subcontract for services or that the
state will provide services or that the county or counties may
subcontract for some services and the state provide other
services as stipulated in the contract with the youth authority.
(e) When services previously provided by the Oregon Youth
Authority transfer to a county or counties, terms of the contract
must include, but need not be limited to, the actual cost of
employee salaries, benefits and other payroll expenses, plus
support costs necessary for the transferred positions.
(f) The youth authority is responsible for performance auditing
of contracts and subcontracts.
(g) The youth authority shall contract directly with service
providers in those counties where the governing body of the
county or counties chooses not to contract with the youth
authority.
(h) The funds provided to implement the diversion plan or
provide for out-of-home placement or parole and probation
services shall not be used by a county to supplant moneys
otherwise provided to the county juvenile department for services
to delinquent youth.
(2)(a) Unless otherwise provided in the contract, a county that
is contracting with the youth authority under subsection (1) of
this section shall supervise state employees providing parole and
probation services within the county.
(b) Subject to a collective bargaining agreement, supervision
under this subsection includes discipline, performance
evaluation, training and all other functions previously carried
out by state employed supervisors.
{ + NOTE: + } Corrects terminology.
SECTION 135. ORS 423.010 is amended to read:
423.010. As used in ORS 423.010 to 423.070, unless the context
requires otherwise:
{ - (1) 'Director' means the Director of the Department of
Corrections. - }
{ - (2) - } { + (1) + } 'Department' means the Department
of Corrections.
{ + (2) 'Department of Corrections institutions' has the
meaning given that term in ORS 421.005.
(3) 'Director' means the Director of the Department of
Corrections. + }
{ - (3) - } { + (4) + } 'Youth correction facility' means
the Hillcrest School of Oregon, the MacLaren School { - for
Boys - } and any other facility established by law for similar
purposes, and includes any camps maintained under ORS chapter 420
for students of such facilities.
{ - (4) 'Department of Corrections institutions' has the
meaning found in ORS 421.005. - }
{ + NOTE: + } Conforms section structure to legislative form
and style; corrects name of school.
SECTION 136. ORS 423.560 is amended to read:
423.560. (1) The board or boards of county commissioners of a
county shall convene a local public safety coordinating council.
The council shall include, but need not be limited to:
(a) A police chief selected by the police chiefs in the county;
Enrolled House Bill 2509 (HB 2509-B) Page 128
(b) The sheriff of the county or, if two or more counties have
joined together to provide community corrections services, a
sheriff selected by the sheriffs in the counties;
(c) The district attorney of the county or, if two or more
counties have joined together to provide community corrections
services, a district attorney selected by the district attorneys
of the counties;
(d) A state court judge, and a public defender or defense
attorney, both appointed by the presiding judge of the judicial
district in which the county is located;
(e) A director of community corrections, a county commissioner,
a juvenile department director, a health or mental health
director and at least one lay citizen, all appointed by the
county commissioners;
(f) A city councilor or mayor and a city manager or other city
representative, both selected by the cities in the county; and
(g) A representative of the Oregon State Police, who is a
nonvoting member of the council, selected by the Superintendent
of State Police.
(2) The boards of county commissioners of two or more counties
may jointly convene a single, regional local public safety
coordinating council by means of an intergovernmental agreement.
Local officials may combine the council with existing local
criminal justice advisory councils established under ORS 1.851.
{ + (3) + } The local public safety coordinating council
shall, at a minimum:
(a) Develop and recommend to the county board of commissioners
a plan for use of:
(A) State resources to serve the local offender population; and
(B) State and local resources to serve the needs of that part
of the local offender population who are at least 15 years of age
and less than 18 years of age, which plan must provide for
coordination of community-wide services involving prevention,
treatment, education, employment resources and intervention
strategies; and
(b) Coordinate local criminal justice policy among affected
criminal justice entities.
{ + NOTE: + } Clarifies section structure.
SECTION 137. ORS 426.300 is amended to read:
426.300. (1) The division shall, by filing a written
certificate with the last committing court and the court of
residence, discharge any patient from court commitment, except
one held upon an order of a court or judge having criminal
jurisdiction in an action or proceeding arising out of criminal
offense when in its opinion the individual is no longer a
mentally ill person or when in its opinion the transfer of the
individual to a voluntary status is in the best interest of the
treatment of the patient.
(2) The division { - or the administrator of the University
State Tuberculosis Hospital - } may sign applications for public
assistance on behalf of those patients who may be eligible for
public assistance.
{ + NOTE: + } Deletes obsolete provision.
SECTION 138. { + ORS 431.175 is added to and made a part of
ORS 431.035 to 431.530. + }
{ + NOTE: + } Adds section to appropriate series.
SECTION 139. ORS 441.020 is amended to read:
441.020. (1) Licenses for health care facilities except long
term care facilities { + , + } as defined in ORS 442.015, shall
be obtained from the Health Division.
Enrolled House Bill 2509 (HB 2509-B) Page 129
(2) Licenses for long term care facilities shall be obtained
from the Senior and Disabled Services Division.
{ + (3) + } Applications shall be upon such forms and shall
contain such information as the appropriate division may
reasonably require, which may include affirmative evidence of
ability to comply with such reasonable standards and rules as may
lawfully be prescribed under ORS 441.055.
{ - (3) - } { + (4) + } Each application shall be
accompanied by the license fee. If the license is denied, the fee
shall be refunded to the applicant. If the license is issued, the
fee shall be paid into the State Treasury to the credit of the
appropriate division for carrying out the functions under ORS
441.015 to 441.063 and 431.607 to 431.619.
{ - (4) - } { + (5) + } Except as otherwise provided in
subsection { - (5) - } { + (6) + } of this section, for
hospitals with:
(a) { - Less - } { + Fewer + } than 26 beds, the annual
license fee shall be $750.
(b) Twenty-six beds or more { - and less - } { + but
fewer + } than 50 beds, the annual license fee shall be $1,000.
(c) Fifty or more beds { - and less - } { + but fewer + }
than 100 { + beds + }, the annual license fee shall be $1,900.
(d) One hundred beds or more { - and less - } { + but
fewer + } than 200 { + beds + }, the annual license fee shall
be $2,900.
(e) Two hundred or more beds, the annual license fee shall be
$3,400.
{ - (5) - } { + (6) + } For long term care facilities with:
(a) { - Less - } { + Fewer + } than 16 beds, the annual
license fee shall be up to $120.
(b) Sixteen beds or more { - and less - } { + but fewer + }
than 50 beds, the annual license fee shall be up to $175.
(c) Fifty beds or more { - and less - } { + but fewer + }
than 100 { + beds + }, the annual license fee shall be up to
$350.
(d) One hundred beds or more { - and less - } { + but
fewer + } than 200 { + beds + }, the annual license fee shall
be up to $450.
(e) Two hundred beds or more, the annual license fee shall be
up to $580.
{ - (6) - } { + (7) + } For special inpatient care
facilities with:
(a) { - Less - } { + Fewer + } than 26 beds, the annual
license fee shall be $750.
(b) Twenty-six beds or more { - and less - } { + but
fewer + } than 50 beds, the annual license fee shall be $1,000.
(c) Fifty beds or more { - and less - } { + but fewer + }
than 100 { + beds + }, the annual license fee shall be $1,900.
(d) One hundred beds or more { - and less - } { + but
fewer + } than 200 { + beds + }, the annual license fee shall
be $2,900.
(e) Two hundred beds or more, the annual license fee shall be
$3,400.
{ - (7) - } { + (8) + } For ambulatory surgical centers,
the annual license fee shall be $1,000.
{ - (8) - } { + (9) + } For birthing centers, the annual
license fee shall be $250.
{ - (9) - } { + (10) + } During the time the licenses
remain in force holders thereof are not required to pay
inspection fees to any county, city or other municipality.
Enrolled House Bill 2509 (HB 2509-B) Page 130
{ - (10) - } { + (11) + } Any health care facility license
may be indorsed to permit operation at more than one location. In
such case the applicable license fee shall be the sum of the
license fees which would be applicable if each location were
separately licensed.
{ - (11) - } { + (12) + } Licenses for health maintenance
organizations shall be obtained from the Director of the
Department of Consumer and Business Services pursuant to ORS
731.072.
{ + NOTE: + } Clarifies section structure; corrects grammar;
corrects punctuation in (1).
SECTION 140. ORS 441.289 is amended to read:
441.289. A trustee appointed under ORS 441.286:
(1) May exercise any powers and shall perform any duties
required by the court.
(2) Shall operate the facility in such a manner as to protect
the health and welfare of the patients.
(3) Shall have the same rights to possession of the building in
which the facility is located and of all goods and fixtures in
the building at the time the petition for the appointment of the
trustee is filed as the person or body legally responsible would
have had if the trustee had not been appointed.
(4) Shall take such action as is reasonably necessary to
protect and conserve the assets and property the trustee takes in
possession, or the proceeds of any transfer thereof, and may use
them only in the performance of the powers and duties set forth
in this section and by order of the court.
(5) May receive and spend the facility's income and encumber
its assets to the extent specifically authorized by the court and
do all acts necessary or appropriate to promote the health and
safety of the residents.
(6) Shall have the power to maintain an action to reach the
assets of the parent corporation if it appears to the court that
the parent corporation is the actual controlling owner of the
facility and that the named owner is not in control of the
facility.
(7) May use the building, fixtures, furnishings and any
accompanying consumable goods in the provision of care and
services to patients at the time the petition for the appointment
of the trustee was filed.
(8) Shall collect payments for all goods and services provided
to patients during the period of the trust, at the same rate of
payment charged by the facility at the time the petition for the
appointment of the trustee was filed, unless a different rate is
set by the court.
(9) May correct or eliminate any deficiency in the structure or
furnishings of the facility which endangers the health or welfare
of the patients while they remain in the facility. However, the
total cost of correction shall not exceed $3,000 unless the court
orders expenditures for this purpose in excess of $3,000 upon
application by the trustee.
(10) May make contracts and hire agents and employees to assist
the trustee in carrying out the powers and duties described in
this section, subject to approval by the court.
(11) Except as provided in ORS 441.296, shall honor all leases,
mortgages and secured transactions governing the building in
which this facility is located and all goods and fixtures in the
building of which the trustee has taken possession, but only to
the extent of payments which, in the case of a rental agreement,
are for the use of the property during the period of the trust,
Enrolled House Bill 2509 (HB 2509-B) Page 131
or which, in the case of a purchase agreement, come due during
the period of the trust.
(12) May direct, manage and discharge employees of the
facility, subject to any contract rights they may have.
(13) Shall pay employees at the same rate of compensation,
including benefits, that the employees would have received from
the owner, operator or other controlling person, except the
trustee shall compensate employees only for time actually worked
during the period of the trust and shall not be responsible for
reimbursement for vacations or periods of sick leave. However, in
no case shall a trustee compensate any employee of a facility in
an amount which is less than the minimum amount required by law.
(14) Shall be entitled to take possession of all property or
assets belonging to patients which are in the possession of the
long term care facility.
(15) Shall preserve and protect all property, assets and
records of patients of which the trustee takes possession.
(16) { + Shall, + } if the facility ceases to operate during
the period of the trust and any patient is transferred as a
result thereof, { - the trustee shall assure - }
{ + ensure + } that:
(a) Transportation of the patient, the patient's belongings and
the medical record to the new location is provided.
(b) Aid for locating alternative placements is available to the
patient or the patient's legal representative.
(c) Each patient is physically and mentally prepared for
transfer to avoid possible trauma due to the transfer.
(d) Each patient or the patient's legal representative is
permitted to participate in the selection of the new placement.
(17) Is an agent of the state for purposes of ORS 30.260 to
30.300 for which the Senior and Disabled Services Division shall
be assessed and the Senior and Disabled Services Division may use
the account established under ORS 441.303 to pay the assessment.
{ + NOTE: + } Corrects syntax and grammar in (16).
{ + NOTE: + } Sections 141 through 143 were deleted by
amendment. Subsequent sections were not renumbered.
SECTION 144. ORS 443.880 is amended to read:
443.880. (1) The admission of a person to a residential
facility shall not act to create in the facility, its owner,
administrator or employee any authority to manage, use or dispose
of any property of the resident, or any authority or
responsibility for the personal affairs of the person, except as
may be necessary for the safety and orderly management of the
facility and as may be required by this section.
(2) No owner, administrator or employee of a residential
facility may act as guardian, conservator, trustee or attorney in
fact for any resident of the facility unless the resident is
related to the owner, administrator or employee within the third
degree of consanguinity. This subsection shall not prevent the
owner, administrator or employee of a residential facility
{ - to act - } { + from acting + } as a representative payee
for the resident.
(3) A residential facility shall provide for the safekeeping of
personal effects, funds and other property of its residents.
(4) A residential facility shall keep complete and accurate
records of all funds and other property of its residents received
by the facility for safekeeping.
(5) Any funds or other property belonging to or due to a
resident of a residential facility which are received by a
residential facility shall be held in trust and shall be held
separate from the funds and property of the facility and shall be
Enrolled House Bill 2509 (HB 2509-B) Page 132
used only for the account of the resident. Upon request, the
facility shall furnish the resident a complete and certified
statement of all funds or other property to which this section
applies, detailing the amounts and items received, together with
their sources and disposition.
(6) For the purposes of this section, 'residential facility'
means a domiciliary care facility as defined by ORS 443.205, a
long term care facility as defined by ORS 442.015, a residential
facility as defined by ORS 443.400, an adult foster home as
defined by ORS 443.705 and any residential facility required to
be registered under ORS 443.480 to 443.500.
{ + NOTE: + } Corrects grammar.
SECTION 145. ORS 448.115 is amended to read:
448.115. As used in ORS 448.115 to 448.285, 454.235 { - , - }
{ + and + } 454.255 { - and 757.005 - } unless the context
requires otherwise:
(1) 'Connection' means the connection between a water system
and a customer which enables the customer to receive potable
water from the system.
(2) 'Construction standards' means criteria for constructing or
installing water system facilities.
(3) 'Emergency' means a condition resulting from an unusual
calamity such as a flood, an earthquake or an accidental spill of
hazardous material which can endanger the quality of the water
produced by a water system.
(4) 'Operational requirements' means requirements which
prescribe the manner in which water systems must be operated.
(5) 'Permit' means a document issued to a water system which
authorizes it to commence or continue to operate in the State of
Oregon and lists the conditions the system must meet to continue
operating.
(6) 'Safe drinking water' means water which is sufficiently
free from biological, chemical, radiological or physical
impurities such that individuals will not be exposed to disease
or harmful physiological effects.
(7) 'Sanitary survey' means an on-site review of the source,
facilities, equipment, operation and maintenance of a water
system, including related land uses, for the purpose of
evaluating the capability of that water system to produce and
distribute safe drinking water.
(8) 'Special master' means the person appointed by the court to
administrate the water system.
(9) 'Variance' means permission from the agency for a water
system to provide water which does not meet water quality
standards.
(10) 'Water supplier' means any person, group of persons,
municipality, district, corporation or entity which owns or
operates a water system.
(11) 'Water system' means a system for the provision of piped
water for human consumption.
(12) 'Waterborne disease' means disease caused by chemical,
physical, radiological or biological agents epidemiologically
associated with infection, illness or disability which is
transported to human beings by water which has been ingested or
through contact as in bathing or other domestic uses.
{ + NOTE: + } Deletes incorrect reference.
SECTION 146. ORS 448.119 is amended to read:
448.119. Before a water system is subject to regulation under
ORS 448.119 to 448.285, 454.235 { - , - } { + and + } 454.255
{ - and 757.005 - } , the system must have at least four service
connections, or it must serve water to public or commercial
Enrolled House Bill 2509 (HB 2509-B) Page 133
premises which are used by an average of at least 10 individuals
daily at least 60 days each year. In a housing subdivision of
four or more living units where the water service connections of
individual units are only two or three per water system, at the
discretion of the assistant director, the division may regulate
the water systems within the subdivision under ORS 448.119 to
448.285, 454.235 { - , - } { + and + } 454.255
{ - and 757.005 - } .
{ + NOTE: + } Deletes incorrect reference.
SECTION 147. ORS 448.123 is amended to read:
448.123. (1) It is the purpose of ORS 448.119 to 448.285,
454.235 { - , - } { + and + } 454.255 { - and 757.005 - }
to:
(a) Assure all Oregonians safe drinking water.
(b) Provide a simple and effective regulatory program for
drinking water systems.
(c) Provide a means to improve inadequate drinking water
systems.
(2) In carrying out the purpose set forth in subsection (1) of
this section, the Health Division shall act in accordance with
the goal set forth in ORS 468B.155.
(3) If, in carrying out any duty prescribed by law, the Health
Division acquires information related to ground water quality in
Oregon, the Health Division shall forward a copy of the
information to the centralized repository established pursuant to
ORS 468B.167.
{ + NOTE: + } Deletes incorrect reference.
SECTION 148. ORS 448.127 is amended to read:
448.127. ORS 448.119 to 448.285, 454.235 { - , - }
{ + and + } 454.255 { - and 757.005 - } may be referred to as
the Oregon Drinking Water Quality Act.
{ + NOTE: + } Deletes incorrect reference.
SECTION 149. ORS 448.150 is amended to read:
448.150. (1) The division shall:
(a) Conduct periodic sanitary surveys of drinking water systems
and sources, take water samples and inspect records to insure the
system is not creating an unreasonable risk to health. The
division shall provide written reports of such examinations to
the local health administrator and to the water supplier.
(b) Require regular water sampling by water suppliers. These
samples shall be analyzed in a laboratory approved by the
division. The results of the laboratory analysis shall be
reported to the division by the water supplier, unless direct
laboratory reporting is authorized by the water supplier.
(c) Investigate any water system that fails to meet the water
quality standards established by the division.
(d) Require every water supplier that provides drinking water
that is from a surface water source to conduct sanitary surveys
of the watershed as may be considered necessary by the division
for the protection of public health. The water supplier shall
make written reports of such sanitary surveys of watersheds
promptly to the division and to the local health department.
(e) Investigate reports of waterborne disease pursuant to its
authority under ORS 431.110 and take necessary actions as
provided for in ORS 446.310, 448.030, 448.115 to 448.285,
454.235, 454.255 { - , - } { + and + } 455.680 { - and
757.005 - } to protect the public health and safety.
(f) Notify the Department of Environmental Quality of a
potential ground water management area if, as a result of its
water sampling under paragraphs (a) to (e) of this subsection,
the division detects the presence in ground water of:
Enrolled House Bill 2509 (HB 2509-B) Page 134
(A) Nitrate contaminants at levels greater than 70 percent of
the levels established pursuant to ORS 468B.165; or
(B) Any other contaminants at levels greater than 50 percent of
the levels established pursuant to ORS 468B.165.
(2) The notification required under subsection (1)(f) of this
section shall identify the substances detected in the ground
water and all ground water aquifers that may be affected.
{ + NOTE: + } Deletes incorrect reference.
SECTION 150. ORS 448.255 is amended to read:
448.255. (1) Whenever the assistant director has reasonable
grounds to believe that a water system or part thereof is being
operated or maintained in violation of any rule adopted pursuant
to ORS 448.115 to 448.285, 454.235 { - , - } { + and + }
454.255 { - and 757.005 - } , the assistant director shall give
written notice to the water supplier responsible for the system.
(2) The notice required under subsection (1) of this section
shall include the following:
(a) Citation of the rule allegedly violated;
(b) The manner and extent of the alleged violation; and
(c) A statement of the party's right to request a hearing.
(3) The notice shall be served personally or by registered or
certified mail and shall be accompanied by an order of the
assistant director requiring remedial action which, if taken
within the time specified in the order, will effect compliance
with the rule allegedly violated. The order shall become final
unless request for hearing is made by the party receiving the
notice within 10 days from the date of personal service or the
date of mailing of the notice.
(4) The form of petition for hearing and the procedures
employed in the hearing shall be consistent with the requirements
of ORS 183.310 to 183.550 and shall be in accordance with rules
adopted by the division.
(5) The assistant director may designate a hearings officer to
act on behalf of the assistant director in holding and conducting
hearings.
(6) The order shall be affirmed or reversed by the assistant
director after hearing. A copy of the assistant director's
decision setting forth findings of fact and conclusions shall be
sent by registered or certified mail to the petitioner or served
personally upon the petitioner. An appeal from such decision may
be made as provided in ORS 183.480 relating to a contested case.
{ + NOTE: + } Deletes incorrect reference.
SECTION 151. ORS 450.897 is amended to read:
450.897. Sanitary authorities organized under ORS chapter 450
{ - which - } { + that + } are in existence on November 1,
1981, or thereafter, are authorized to use the bonding provisions
of ORS 223.205 to
{ - 223.295 - } { + 223.314 + }.
{ + NOTE: + } Corrects grammar; corrects series reference.
SECTION 152. ORS 453.510 is amended to read:
453.510. (1) There is established the Interagency Hazard
Communication Council consisting of 21 members.
(2) The council shall consist of the following:
(a) The State Fire Marshal or designee.
(b) The Assistant Director for Health or designee.
(c) The Director of Agriculture or designee.
(d) The State Forester or designee.
(e) The State Fish and Wildlife Director or designee.
(f) The Director of the Department of Consumer and Business
Services or designee.
Enrolled House Bill 2509 (HB 2509-B) Page 135
(g) The chairperson of the Public Utility Commission or
designee.
(h) The Director of the Office of Emergency Management of the
Department of State Police or designee.
(i) The chairperson of the Department of Agricultural Chemistry
of Oregon State University or designee.
(j) The director of the Poison Control and Drug Information
Program of the Oregon Health Sciences University or designee.
(k) The Director of the Department of Environmental Quality or
designee.
(L) The administrator of the Office of Energy or designee.
(m) The Director of Transportation or designee.
(n) The Superintendent of State Police or designee.
(o) The Governor or designee from the office of the Governor.
(p) The Governor may appoint the Director or designee of the
Center for Research on Occupational and Environmental Toxicology
created under ORS 353.460 and administered by the Oregon Health
Sciences University.
(q) Two representatives of local government appointed by the
Governor and subject to confirmation by the Senate under ORS
171.562 and 171.565, at least one of whom is either a firefighter
or another emergency response person.
(r) Three members, appointed by the Governor for four-year
terms and subject to confirmation by the Senate under ORS 171.562
and 171.565, shall represent the public at large at least one of
whom represents a public interest group.
(3) The council shall:
(a) Facilitate interagency cooperation in updating the
hazardous substance survey under ORS 453.317;
(b) Facilitate interagency access to data collected that
relates to hazardous material or hazardous substances;
(c) Coordinate state agencies' regulatory responsibilities over
hazardous material and hazardous substances;
(d) Provide, in a timely manner, advice or recommendations to a
state agency required to consult with the council regarding
programs involving hazardous material or hazardous substances;
and
(e) Undertake all duties of a state emergency response
commission required by the Emergency Planning and Community
Right-to-Know Act of 1986 (P.L. 99-499) including but not limited
to:
(A) Designating emergency planning districts.
(B) Appointing members of local emergency planning committees.
(C) Providing oversight for the implementation of reporting
requirements in connection with the council's duties under
paragraph (a) of this subsection.
(D) Commenting on local emergency plans.
(4) Public members shall be entitled to compensation and
expenses as provided in ORS 292.495 which shall be paid by the
State Fire Marshal.
(5) The council shall meet on a regular basis at a time and
place determined by the council.
(6) The chairperson of the Interagency Hazard Communication
Council shall be the Governor or the Governor's designee.
(7) As used in this section:
(a) 'Hazardous material' means one of the following:
(A) A material designated by the commission under ORS 466.630.
(B) Hazardous waste as defined in ORS 466.005.
(C) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
Enrolled House Bill 2509 (HB 2509-B) Page 136
(D) Communicable disease agents as regulated by the Health
Division under ORS { - 431.175, - } 433.010 to 433.045 and
433.106 to 433.990 and ORS chapter 431.
(E) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(b) 'Hazardous substance' means:
(A) Any substance designated as hazardous by the Director of
the Department of Consumer and Business Services or by the State
Fire Marshal;
(B) Any substance for which a material safety data sheet is
required by the Director of the Department of Consumer and
Business Services under ORS 654.035 and which appears on the list
of Threshold Limit Values for Chemical Substances and Physical
Agents in the Work Environment by the American Conference of
Governmental Industrial Hygienists; or
(C) Radioactive waste and material as defined in ORS 469.300
and radioactive substance as defined in ORS 453.005.
{ + NOTE: + } Deletes incorrect reference in (7)(a)(D).
SECTION 153. ORS 454.280 is amended to read:
454.280. Notwithstanding the provisions of ORS chapters 450,
451 and 454, or any city or county charter, treatment works may
be constructed by a municipality and financed by the sale of
general obligation bonds, revenue bonds or assessments against
the benefited property without a vote in the affected area or
municipality or without being subject to a remonstration
procedure, when the findings and order are filed in accordance
with ORS 454.310. The provisions of ORS 223.205 to
{ - 223.295 - } { + 223.314 + } and 223.770 shall apply in so
far as practicable to any assessment established as a result of
proceedings under ORS 454.275 to 454.380.
{ + NOTE: + } Corrects series reference.
SECTION 154. ORS 454.805 is amended to read:
454.805. (1) When a municipality requires property owners to
connect their homes and multifamily dwellings to the sewer system
of the municipality, the municipality may assess the installation
costs for which the municipality provides financing against the
affected properties in the same manner that costs of local
improvements are assessed against benefited properties. Such
assessments shall have the same lien status and be foreclosable
in the same manner as other assessments levied under ORS 223.005
to 223.105 and 223.205 to 223.990 or the charter of the
municipality. If installation costs are so assessed:
(a) The municipality shall make financing for the installation
costs available to affected property owners;
(b) Affected property owners may apply to pay the assessments
in installments as provided in ORS 223.205 to { - 223.295 - }
{ + 223.314 + }, but the municipality may impose a reasonable
penalty for prepayment of assessment installments;
(c) The municipality may issue special assessment bonds to
finance the installation costs pursuant to ORS 223.235, but may
sell such bonds at public or private sale in the same manner as
port district revenue bonds may be sold pursuant to ORS 777.575
(4); and
(d) The municipality may issue Bancroft bonds pursuant to ORS
223.205 to { - 223.295 - } { + 223.314 + }, but only for
installation costs for property within an area affected by an
order of the Environmental Quality Commission or any court.
(2) As used in this section:
{ - (a) 'Municipality' means a city, county, county service
district, sanitary authority or sanitary district. - }
Enrolled House Bill 2509 (HB 2509-B) Page 137
{ - (b) - } { + (a) + } 'Installation costs' means the
costs of placing, installing and connecting sewer lines and mains
between a home or multifamily dwelling and the adjacent street
sewer lines, drains or other storm or sanitary sewer facilities
of the municipality, and costs of providing financing for such
placement, installation and connection.
{ + (b) 'Municipality' means a city, county, county service
district, sanitary authority or sanitary district. + }
{ + NOTE: + } Corrects series reference; conforms section to
legislative form and style.
SECTION 155. { + ORS 456.965 to 456.975 are added to and made
a part of ORS chapter 455. + }
{ + NOTE: + } Adds sections to appropriate chapter.
SECTION 156. ORS 458.505 is amended to read:
458.505. (1) The community action agency network, established
initially under the federal Economic Opportunity Act of 1964,
shall be the delivery system for federal antipoverty programs in
Oregon, including the Community Services Block Grant, Low Income
Energy Assistance Program, Office of Energy Weatherization
Program and such others as may become available.
(2) Funds for such programs shall be distributed to the
community action agencies by the { + Housing and Community
Services + } Department with the advice of the Community Action
Directors of Oregon.
(3) In areas not served by a community action agency, funds
other than federal community services funds may be distributed to
and administered by organizations that are found by the
{ + Housing and Community Services + } Department to serve the
antipoverty purpose of the community action agency network.
(4) In addition to complying with all applicable requirements
of federal law, a community action agency shall:
(a) Be an office, division or agency of the designating
political subdivision or a not for profit organization in
compliance with ORS chapter 65.
(b) Have a community action board of at least nine but no more
than 33 members, constituted so that:
(A) One-third of the members of the board are elected public
officials currently serving or their designees. If the number of
elected officials reasonably available and willing to serve is
less than one-third of the membership, membership of appointed
public officials may be counted as meeting the one-third
requirement;
(B) At least one-third of the members are persons chosen
through democratic selection procedures adequate to assure that
they are representatives of the poor in the area served; and
(C) The remainder of the members are officials or members of
business, industry, labor, religious, welfare, education or other
major groups and interests in the community.
(c) If the agency is a private not for profit organization, be
governed by the Community Action Board. The board shall have all
duties, responsibilities and powers normally associated with such
boards, including, but not limited to:
(A) Selection, appointment and dismissal of the executive
director of the agency;
(B) Approval of all contracts, grant applications and budgets
and operational policies of the agency;
(C) Evaluation of programs; and
(D) Securing an annual audit of the agency.
(d) If the organization is an office, division or agency of a
political subdivision, be administered by the board which shall
provide for the operation of the agency and be directly
Enrolled House Bill 2509 (HB 2509-B) Page 138
responsible to the governing board of the political subdivision.
The administering board at a minimum, shall:
(A) Review and approve program policy;
(B) Be involved in and consulted on the hiring and firing of
the agency director;
(C) Monitor and evaluate program effectiveness;
(D) { - Insure - } { + Ensure + } the effectiveness of
community involvement in the planning process; and
(E) Assume all duties delegated to it by the governing board.
(e) Have a clearly defined, specified service area. Community
action service areas shall not overlap.
(f) Have an accounting system which meets generally accepted
accounting principles and be so certified by an independent
certified accountant.
(g) Provide assurances against the use of government funds for
political activity by the community action agency.
(h) Provide assurances that no person shall, on the grounds of
race, color, national origin or sex, be excluded from
participation in, be denied the benefits of or be subjected to
discrimination under any program or activity funded in whole or
in part with funds made available through the community action
program.
(i) Provide assurances the community action agency shall comply
with any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975 or with respect to an
otherwise qualified individual with disabilities as provided in
section 504 of the Rehabilitation Act of 1973.
(5) For the purposes of this section, the Oregon Human
Development Corporation is eligible to receive federal community
service funds and low-income energy assistance funds.
(6) The State Community Services shall:
(a) Administer federal and state antipoverty programs.
(b) Apply for all available antipoverty funds on behalf of
eligible entities as defined in this section.
(c) In conjunction with the Community Action Directors of
Oregon, develop a collaborative role in advocating for, and
addressing the needs of, all low income Oregonians.
(d) Biennially produce and make available to the public a
status report on efforts by it and state agencies to reduce the
incidence of poverty in Oregon. This report shall contain figures
regarding the numbers and types of persons living in poverty in
Oregon.
(e) On a regular basis provide information to the Community
Action Directors of Oregon on the activities and expenditures of
State Community Services.
(f) As resources are available, provide resources for technical
assistance, training and program assistance to eligible entities.
(g) As resources are available, provide resources for the
training and technical assistance needs of the Community Action
Directors of Oregon.
(h) Conduct a planning process to meet the needs of low income
people in Oregon. That process shall fully integrate the Oregon
Human Development Corporation into the antipoverty delivery
system. The planning process shall include development of a plan
for minimum level of services and funding for low income migrant
and seasonal farmworkers from the antipoverty programs
administered by the agency.
(i) Limit its administrative budget in an effort to maximize
the availability of antipoverty federal and state funds for
expenditures by local eligible entities.
{ + NOTE: + } Clarifies references to state agency.
Enrolled House Bill 2509 (HB 2509-B) Page 139
SECTION 157. ORS 458.510 is amended to read:
458.510. (1) There is established an Energy Crisis Trust Fund,
separate and distinct from the General Fund, in the State
Treasury. As permitted by federal court decisions, federal
statutory requirements and administrative decisions, funds from
the Petroleum Violation Escrow Fund made available to the
{ + Housing and Community Services + } Department for the Energy
Crisis Trust Fund and any gift, grant, appropriation or donation
for the purpose of the Energy Crisis Trust Fund shall be
deposited by the State Treasurer and credited to the Energy
Crisis Trust Fund. The State Treasurer shall credit monthly to
the fund any interest or other income derived from the fund or
the investing of the fund. All moneys in the fund are
continuously appropriated to the { + Housing and Community
Services + } Department for the purpose of providing low income
home energy assistance.
(2) If moneys are donated to the fund for low income energy
assistance by a home heating fuel or energy service provider that
allows its customers to contribute to the program, that money so
donated shall be redistributed through the Energy Crisis Trust
Fund only within the service area of that home heating fuel or
energy service provider.
(3) The { + Housing and Community Services + } Department
shall contract with a private nonprofit or public organization or
agency for the distribution of moneys in the Energy Crisis Trust
Fund. The department or the contractor shall administer and
distribute the funds in accordance with:
(a) The Low Income Home Energy Assistance Act of 1981 (42
U.S.C. 8621 et seq.);
(b) The Petroleum Violation Escrow Fund regulations; and
(c) The recommendations of the advisory committee established
in ORS 458.515.
{ + NOTE: + } Clarifies references to state agency.
SECTION 158. ORS 458.515 is amended to read:
458.515. (1) The Director { + of the Housing and Community
Services Department + } shall appoint an advisory committee whose
members shall be appointed based on a demonstrated interest in
and knowledge of low income energy assistance programs and
broadly representative of organizations, fuel providers and
consumer groups that represent low income persons, particularly
elderly and disabled persons and have special qualifications with
respect to solving the energy consumption problems of low income
persons.
(2) The committee shall meet not less than twice a year to
advise and assist the { + Housing and Community Services + }
Department in regard to rules, policies and programs regarding
low income energy assistance programs provided for under ORS
458.510.
{ + NOTE: + } Clarifies references to state official and
state agency.
SECTION 159. ORS 458.525 is amended to read:
458.525. (1) The Housing and Community Services Department
shall serve as the lead agency to coordinate state efforts in
meeting the problem of hunger. The Director of the { + Housing
and Community Services + } Department shall establish an
interagency coordinating council consisting of representatives of
the { + Housing and Community Services + } Department, the
Department of Education, the State Department of Agriculture, the
Department of Human Resources and the Divisions of Adult and
Family Services, Senior and Disabled Services and Health.
Enrolled House Bill 2509 (HB 2509-B) Page 140
(2) The administrative heads of the agencies listed in
subsection (1) of this section shall serve on the council or
shall designate an agency representative who has an agency
policy-making role affecting hunger, food programs, nutrition and
related areas.
(3) The council shall be responsible for:
(a) Implementing recommendations of the Hunger Relief Task
Force;
(b) { - Assuring - } { + Ensuring + } that food and
nutrition programs operate efficiently and effectively;
(c) Monitoring federal programs;
(d) Encouraging coordination of state and local programs and of
public and private organizations engaged in food distribution
programs; and
(e) Making recommendations to affected agencies and programs.
(4) The Director of the Housing and Community Services
Department shall convene council meetings at least quarterly.
{ + NOTE: + } Clarifies reference to state official and to
state agency; corrects grammar.
SECTION 160. ORS 461.250 is amended to read:
461.250. Upon recommendation of the Director of the Oregon
State Lottery, the Oregon State Lottery Commission shall adopt
rules to establish a system of verifying the validity of tickets
or shares claimed to win prizes and to effect payment of such
prizes, provided:
(1) For the convenience of the public, lottery game retailers
may be authorized by the commission to pay winners of up to
$5,000 after performing validation procedures on their premises
appropriate to the lottery game involved.
(2) No prize shall be paid to any person under 18 years of age.
(3) No prize may be paid arising from claimed tickets or shares
that are stolen, counterfeit, altered, fraudulent, unissued,
produced or issued in error, unreadable, not received or not
recorded by the lottery by applicable deadlines, lacking in
captions that confirm and agree with the lottery play symbols as
appropriate to the lottery game involved or not in compliance
with such additional specific rules or with public or
confidential validation and security tests of the lottery
appropriate to the particular lottery game involved.
(4) No particular prize in any lottery game may be paid more
than once, and in the event of a binding determination that more
than one claimant is entitled to a particular prize, the sole
remedy of such claimants is the award to each of them of an equal
share in the prize.
(5) The commission may specify that winners of less than $25
claim such prizes from either the same lottery game retailer who
sold the winning ticket or share or from the lottery itself and
may also specify that the lottery game retailer who sold the
winning ticket or share be responsible for directly paying that
prize.
(6) Holders of tickets or shares shall have the right to claim
prizes for one year after the drawing or the end of the lottery
game or play in which the prize was won. The commission may
define shorter time periods to claim prizes and for eligibility
for entry into drawings involving entries or finalists. If a
valid claim is not made for a prize payable directly by the
lottery commission within the applicable period, the unclaimed
prize shall remain the property of the commission and shall be
allocated to the benefit of the public purpose.
(7)(a) The right of any person to a prize shall not be
assignable, except that:
Enrolled House Bill 2509 (HB 2509-B) Page 141
(A) Payment of any prize may be { - paid - } { + made + }
according to the terms of a deceased prize winner's signed
beneficiary designation form filed with the commission or, if no
such form has been filed, to the estate of the deceased prize
winner.
(B) Payment of any prize shall be { - paid - } { + made + }
to a person designated pursuant to an appropriate judicial order
or pursuant to a judicial order approving the assignment of the
prize in accordance with ORS 461.253.
(b) The director, commission and state shall be discharged of
all further liability with respect to a specific prize payment
upon making that prize payment in accordance with this subsection
or ORS 461.253.
(8) A ticket or share shall not be purchased by, and a prize
shall not be paid to, a member of the commission, the director,
the assistant directors or any employee of the state lottery or
to any spouse, child, brother, sister or parent of such person.
(9) Payments made according to the terms of a deceased prize
winner's signed beneficiary designation form filed with the
commission are effective by reason of the contract involved and
this statute and are not to be considered as testamentary devices
or subject to ORS chapter 112. The director, commission and state
shall be discharged of all liability upon payment of a prize.
(10) In accordance with the provisions of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C.A. app. s 525), a
person while in active military service may claim exemption from
the one-year ticket redemption requirement under subsection (6)
of this section. However, the person must notify the commission
by providing satisfactory evidence of possession of the winning
ticket within the one-year period, and must claim the prize or
share no later than one year after discharge from active military
service.
{ + NOTE: + } Corrects word choice.
SECTION 161. ORS 465.520 is amended to read:
465.520. (1) In addition to any other tax or fee imposed by
law, a fee is imposed on the retail sale or transfer within this
state of dry cleaning solvent on or after January 1, 1996. The
fee shall be paid by the seller or transferor.
(2) The fee on each gallon of dry cleaning solvent is the
result obtained from multiplying the solvent factor of the dry
cleaning solvent by the following rate:
(a) $12 for any retail sale or transfer in 1996.
(b) For any retail sale or transfer after 1996, 103 percent of
the sale or transfer fee rate applicable for the prior year,
rounded to the nearest cent. However, if the rate applicable to
the prior year was increased by $4 under ORS 465.510 (5), the 103
percent shall be calculated based upon the rate that would have
applied without the $4 increase.
(3) The solvent factor for each dry cleaning solvent is the
amount listed in the following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Dry Cleaning SolSolvent Factor
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
Enrolled House Bill 2509 (HB 2509-B) Page 142
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Perchloroethylene 1.00
Any other solvent 0.20
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) Notwithstanding subsections (1) and (2) of this section, no
fee shall be imposed on the retail sale or transfer of any dry
cleaning solvent if, prior to the retail sale or transfer, the
purchaser or transferee provides the seller or transferor with a
certificate stating that:
(a) The dry cleaning solvent will not be used in a dry cleaning
facility; or
(b) The purchaser or transferee does not operate a dry cleaning
facility.
{ + NOTE: + } Inserts hairline rules to denote components of
table.
SECTION 162. ORS 466.605 is amended to read:
466.605. As used in ORS 466.605 to 466.680 and 466.880 (3) and
(4):
(1) 'Barrel' means 42 U.S. gallons at 60 degrees Fahrenheit.
(2) 'Cleanup' means the containment, collection, removal,
treatment or disposal of oil or hazardous material; site
restoration; and any investigations, monitoring, surveys, testing
and other information gathering required or conducted by the
department.
(3) 'Cleanup costs' means all costs associated with the cleanup
of a spill or release incurred by the state, its political
subdivision or any person with written approval from the
department when implementing ORS 466.205, 466.605 to 466.680,
466.880 (3) and (4) and 466.995 (2) or 468B.320.
(4) 'Commission' means the Environmental Quality Commission.
(5) 'Department' means the Department of Environmental Quality.
(6) 'Director' means the Director of the Department of
Environmental Quality.
(7) 'Hazardous material' means one of the following:
(a) A material designated by the commission under ORS 466.630.
(b) Hazardous waste as defined in ORS 466.005.
(c) Radioactive waste as defined in ORS 469.300, radioactive
material identified by the Energy Facility Siting Council under
ORS 469.605 and radioactive substances as defined in ORS 453.005.
(d) Communicable disease agents as regulated by the Health
Division under ORS chapter 431 and ORS { - 431.175, - }
433.010 to 433.045 and 433.106 to 433.990.
(e) Hazardous substances designated by the United States
Environmental Protection Agency under section 311 of the Federal
Water Pollution Control Act, P.L. 92-500, as amended.
(8) 'Oils' or 'oil' includes gasoline, crude oil, fuel oil,
diesel oil, lubricating oil, sludge, oil refuse and any other
petroleum related product.
(9) 'Person' means an individual, trust, firm, joint stock
company, corporation, partnership, association, municipal
corporation, political subdivision, interstate body, the state
and any agency or commission thereof and the Federal Government
and any agency thereof.
(10) 'Reportable quantity' means one of the following:
Enrolled House Bill 2509 (HB 2509-B) Page 143
(a) A quantity designated by the commission under ORS 466.625.
(b) The lesser of:
(A) The quantity designated for hazardous substances by the
United States Environmental Protection Agency pursuant to section
311 of the Federal Water Pollution Control Act, P.L. 92-500, as
amended;
(B) The quantity designated for hazardous waste under ORS
466.005 to 466.385, 466.880 (1) and (2) and 466.890;
(C) Any quantity of radioactive material, radioactive substance
or radioactive waste;
(D) If spilled into waters of the state, or escape into waters
of the state is likely, any quantity of oil that would produce a
visible oily slick, oily solids, or coat aquatic life, habitat or
property with oil, but excluding normal discharges from properly
operating marine engines; or
(E) If spilled on land, any quantity of oil over one barrel.
(c) Ten pounds unless otherwise designated by the commission
under ORS 466.625.
(11) 'Respond' or 'response' means:
(a) Actions taken to monitor, assess and evaluate a spill or
release or threatened spill or release of oil or hazardous
material;
(b) First aid, rescue or medical services, and fire
suppression; or
(c) Containment or other actions appropriate to prevent,
minimize or mitigate damage to the public health, safety, welfare
or the environment which may result from a spill or release or
threatened spill or release if action is not taken.
(12) 'Spill or release' means the discharge, deposit,
injection, dumping, spilling, emitting, releasing, leaking or
placing of any oil or hazardous material into the air or into or
on any land or waters of the state, as defined in ORS 468B.005,
except as authorized by a permit issued under ORS chapter 454,
459, 459A, 468, 468A, 468B or 469, ORS 466.005 to 466.385,
466.880 (1) and (2) or 466.890 or federal law or while being
stored or used for its intended purpose.
(13) 'Threatened spill or release' means oil or hazardous
material is likely to escape or be carried into the air or into
or on any land or waters of the state.
{ + NOTE: + } Deletes incorrect reference in (7)(d).
SECTION 163. ORS 468A.595 is amended to read:
468A.595. In order to regulate open field burning pursuant to
ORS 468A.610:
(1) In such areas of the state and for such periods of time as
it considers necessary to carry out the policy of ORS 468A.010,
the commission by rule may prohibit, restrict or limit classes,
types and extent and amount of burning for perennial grass seed
crops, annual grass seed crops and grain crops.
(2) In addition to but not in lieu of the provisions of ORS
468A.610 and of any other rule adopted under subsection (1) of
this section, the commission shall adopt rules for Multnomah,
Washington, Clackamas, Marion, Polk, Yamhill, Linn, Benton and
Lane Counties, which provide for a more rapid phased reduction by
certain permit areas, depending on particular local air quality
conditions and soil characteristics, the extent, type or amount
of open field burning of perennial grass seed crops, annual grass
seed crops and grain crops and the availability of alternative
methods of field sanitation and straw utilization and disposal.
(3) Before promulgating rules pursuant to subsections (1) and
(2) of this section, the commission shall consult with Oregon
State University and may consult with the { - Soil Conservation
Enrolled House Bill 2509 (HB 2509-B) Page 144
Service - } { + United States Natural Resources Conservation
Service, or its successor agency + }, the Agricultural
Stabilization Commission, the State Soil and Water Conservation
Commission and other interested agencies. The department shall
advise the commission in the promulgation of such rules. The
commission must review and show on the record the recommendations
of the department in promulgating such rules.
(4) No regional air quality control authority shall have
authority to regulate burning of perennial grass seed crops,
annual grass seed crops and grain crops.
(5) Any amendments to the State Implementation Plan prepared by
the state pursuant to the Federal Clean Air Act, as enacted by
Congress, December 31, 1970, and as amended by Congress August 7,
1977, and November 15, 1990, and Acts amendatory thereto shall be
only of such sufficiency as to gain approval of the amendment by
the United States Environmental Protection Agency and shall not
include rules promulgated by the commission pursuant to
subsection (1) of this section not necessary for attainment of
national ambient air quality standards.
{ + NOTE: + } Corrects reference to federal agency.
SECTION 164. ORS 468A.992 is amended to read:
468A.992. (1) In addition to any liability or penalty provided
by law, the State Department of Agriculture may impose a civil
penalty on any person who fails to comply with a provision of ORS
468A.555 to 468A.620 { - and 468A.992 - } or any rule adopted
thereunder, or a permit issued under ORS 468A.555 to 468A.620
{ - and 468A.992 - } , relating to open field burning.
(2) The State Department of Agriculture shall impose any civil
penalty under this section in the same manner as the Department
of Environmental Quality imposes and collects a civil penalty
under ORS 468.140.
{ + NOTE: + } Deletes incorrect reference.
SECTION 165. ORS 469.232 is amended to read:
469.232. (1) There is created as an independent public
corporation an Oil Heat Commission consisting of seven members
appointed by the Governor. Five members shall be from industry
and two members shall be from the public.
(2) The term of office of each member is three years, but a
member serves at the pleasure of the Governor. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
(3) One industry member of the commission shall be appointed
from each of the congressional districts referred to in ORS
{ - 188.130 - } { + 188.135 + }. In making appointments of
industry members to the commission, the Governor may take into
consideration any nominations or recommendations made by oil
marketers or oil marketers' organizations. Each member shall
continue in office until a successor is appointed.
(4) All appointments of members to the commission by the
Governor are subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
(5) Members, officers and employees of the commission shall
receive their actual and necessary travel and other expenses
incurred in the performance of their official duties according to
ORS 292.495.
{ + NOTE: + } Corrects reference to statute describing
current congressional districts.
SECTION 166. ORS 469.421 is amended to read:
469.421. (1) Subject to the provisions of ORS 469.441, any
person submitting a notice of intent, a request for exemption
under ORS 469.320, a request for an expedited review under ORS
Enrolled House Bill 2509 (HB 2509-B) Page 145
469.370, an application for a site certificate or a request to
amend a site certificate shall pay all expenses incurred by the
Energy Facility Siting Council, the Office of Energy and the
Oregon Department of Administrative Services related to the
review and decision of the council. These expenses may include
legal expenses, expenses incurred in processing and evaluating
the application, issuing a final order or site certificate,
commissioning an independent study by a contractor, state agency
or local government under ORS 469.360, and changes to the rules
of the council that are specifically required and related to the
particular site certificate application.
(2) Every person submitting a notice of intent to file for a
site certificate, a request for exemption or a request for
expedited review shall submit the fee required under the fee
schedule established under ORS 469.441 to the Office of Energy
when the notice or request is submitted to the council. To the
extent possible, the full cost of the evaluation shall be paid
from the fee paid under this subsection. However, if costs of the
evaluation exceed the fee, the person submitting the notice or
request shall pay any excess costs shown in an itemized statement
prepared by the council. In no event shall the council incur
evaluation expenses in excess of 110 percent of the fee initially
paid unless the council provides prior notification to the
applicant and a detailed projected budget the council believes
necessary to complete the project. If costs are less than the fee
paid, the excess shall be refunded to the person submitting the
notice or request.
(3) Before submitting a site certificate application, the
applicant shall request from the Office of Energy an estimate of
the costs expected to be incurred in processing the application.
The Office of Energy shall inform the applicant of that amount
and require the applicant to make periodic payments of such costs
pursuant to a cost reimbursement agreement. The cost
reimbursement agreement shall provide for payment of 25 percent
of the estimated costs when the applicant submits the
application. If costs of the evaluation exceed the estimate, the
applicant shall pay any excess costs shown in an itemized
statement prepared by the council. In no event shall the council
incur evaluation expenses in excess of 110 percent of the fee
initially estimated unless the council provided prior
notification to the applicant and a detailed projected budget the
council believes is necessary to complete the project. If costs
are less than the fee paid, the council shall refund the excess
to the applicant.
(4) Any person who is delinquent in the payment of fees under
subsections (1) to (3) of this section shall be subject to the
provisions of subsection (11) of this section.
(5) Subject to the provisions of ORS 469.441, each holder of a
certificate shall pay an annual fee, due every July 1 following
issuance of a site certificate. For each fiscal year, upon
approval of the Office of Energy's budget authorization by a
regular session of the Legislative Assembly or as revised by the
Emergency Board, the administrator promptly shall enter an order
establishing an annual fee based on the amount of revenues that
the administrator estimates is needed to fund the cost of
assuring that the facility is being operated consistently with
the terms and conditions of the site certificate and any
applicable health or safety standards. In determining this cost,
the administrator shall include both the actual direct cost to be
incurred by the council, the Office of Energy and the Oregon
Department of Administrative Services to assure that the facility
Enrolled House Bill 2509 (HB 2509-B) Page 146
is being operated consistently with the terms and conditions of
the site certificate and any applicable health or safety
standards, and the general costs to be incurred by the council,
the Office of Energy and the Oregon Department of Administrative
Services to assure that all certificated facilities are being
operated consistently with the terms and conditions of the site
certificates and any applicable health or safety standards that
cannot be allocated to an individual, licensed facility. Not more
than 20 percent of the annual fee charged each facility shall be
for the recovery of these general costs. The fees for direct
costs shall reflect the size and complexity of the facility and
its certificate conditions.
(6) Each holder of a site certificate executed after July 1 of
any fiscal year shall pay a fee for the remaining portion of the
year. The amount of the fee shall be set at the cost of
regulating the facility during the remaining portion of the year
determined in the same manner as the annual fee.
(7) When the actual costs of regulation incurred by the
council, the Office of Energy and the Oregon Department of
Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a
particular facility, are less than the annual fees for that
facility, the unexpended balance shall be refunded to the site
certificate holder. When the actual regulation costs incurred by
the council, the Office of Energy and the Oregon Department of
Administrative Services for the year, including that portion of
the general regulation costs that have been allocated to a
particular facility, are projected to exceed the annual fee for
that facility, the administrator may issue an order revising the
annual fee.
(8) In addition to any other fees required by law, each energy
resource supplier shall pay to the Office of Energy annually its
share of an assessment to fund the activities of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the Office of Energy, determined by the
administrator in the following manner:
(a) Upon approval of the budget authorization of the Energy
Facility Siting Council, the Oregon Department of Administrative
Services and the Office of Energy by a regular session of the
Legislative Assembly, the administrator shall promptly enter an
order establishing the amount of revenues required to be derived
from an assessment pursuant to this subsection in order to fund
the activities of the Energy Facility Siting Council, the Oregon
Department of Administrative Services and the Office of Energy,
including those enumerated in ORS 469.030 and others authorized
by law, for the first fiscal year of the forthcoming biennium. On
or before June 1 of each even-numbered year, the administrator
shall enter an order establishing the amount of revenues required
to be derived from an assessment pursuant to this subsection in
order to fund the activities of the Energy Facility Siting
Council, the Oregon Department of Administrative Services and the
Office of Energy, including those enumerated in ORS 469.030 and
others authorized by law, for the second fiscal year of the
biennium which order shall take into account any revisions to the
biennial budget of the Energy Facility Siting Council, the Office
of Energy and the Oregon Department of Administrative Services
made by the Emergency Board or by a special session of the
Legislative Assembly subsequent to the most recently concluded
regular session of the Legislative Assembly.
(b) Each order issued by the administrator pursuant to
paragraph (a) of this subsection shall allocate the aggregate
Enrolled House Bill 2509 (HB 2509-B) Page 147
assessment set forth therein to energy resource suppliers in
accordance with paragraph (c) of this subsection.
(c) The amount assessed to an energy resource supplier shall be
based on the ratio which that supplier's annual gross operating
revenue derived within this state in the preceding calendar year
bears to the total gross operating revenue derived within this
state during that year by all energy resource suppliers. The
assessment against an energy resource supplier shall not exceed
five-tenths of one percent of the supplier's gross operating
revenue derived within this state in the preceding calendar year.
The administrator shall exempt from payment of an assessment any
individual energy resource supplier whose calculated share of the
annual assessment is less than $250.
(d) The administrator shall send each energy resource supplier
subject to assessment pursuant to this subsection a copy of each
order issued, by registered or certified mail. The amount
assessed to the energy resource supplier pursuant to the order
shall be considered to the extent otherwise permitted by law a
government-imposed cost and recoverable by the energy resource
supplier as a cost included within the price of the service or
product supplied.
(e) The amounts assessed to individual energy resource
suppliers pursuant to paragraph (c) of this subsection shall be
paid to the Office of Energy as follows:
(A) Amounts assessed for the first fiscal year of a biennium
shall be paid not later than 90 days following the close of the
regular session of the Legislative Assembly; and
(B) Amounts assessed for the second fiscal year of a biennium
shall be paid not later than July 1 of each even-numbered year.
(f) An energy resource supplier shall provide the
administrator, on or before May 1 of each year, a verified
statement showing its gross operating revenues derived within the
state for the preceding calendar year. The statement shall be in
the form prescribed by the administrator and is subject to audit
by the administrator. The statement shall include an entry
showing the total operating revenue derived by petroleum
suppliers from fuels sold that are subject to the requirements of
section 3, Article IX of the Oregon Constitution, ORS 319.020
with reference to aircraft fuel and motor vehicle fuel, and ORS
319.530. The administrator may grant an extension of not more
than 15 days for the requirements of this subsection if:
(A) The energy supplier makes a showing of hardship caused by
the deadline;
(B) The energy supplier provides reasonable assurance that the
energy supplier can comply with the revised deadline; and
(C) The extension of time does not prevent the Energy Facility
Siting Council, the Oregon Department of Administrative Services
or the Office of Energy from fulfilling their statutory
responsibilities.
(g) As used in this section:
(A) 'Energy resource supplier' means an electric utility,
natural gas utility or petroleum supplier supplying electricity,
natural gas or petroleum products in Oregon.
(B) 'Gross operating revenue' means gross receipts from sales
or service made or provided within this state during the regular
course of the energy supplier's business, but does not include
either revenue derived from interutility sales within the state
or revenue received by a petroleum supplier from the sale of
fuels that are subject to the requirements of section 3, Article
IX of the Oregon Constitution, ORS 319.020 or 319.530.
Enrolled House Bill 2509 (HB 2509-B) Page 148
(C) 'Petroleum supplier' has the meaning given that term in ORS
469.020.
(h) In determining the amount of revenues which must be derived
from any class of energy resource suppliers by assessment
pursuant to this subsection, the administrator shall take into
account all other known or readily ascertainable sources of
revenue to the Energy Facility Siting Council, the Oregon
Department of Administrative Services and the Office of Energy,
including, but not limited to, fees imposed under this section
and federal funds, and may take into account any funds previously
assessed pursuant to ORS 469.420 (1979 Replacement Part) or
section 7, chapter 792, Oregon Laws 1981.
(i) Orders issued by the administrator pursuant to this section
shall be subject to judicial review under ORS 183.484. The taking
of judicial review shall not operate to stay the obligation of an
energy resource supplier to pay amounts assessed to it on or
before the statutory deadline.
(9)(a) In addition to any other fees required by law, each
operator of a nuclear fueled thermal power plant or nuclear
installation within this state shall pay to the Office of Energy
annually on July 1, an assessment in an amount determined by the
administrator to be necessary to fund the activities of the state
and the counties associated with emergency preparedness for a
nuclear fueled thermal power plant or nuclear installation. The
assessment shall not exceed $461,250 per year. Moneys collected
as assessments under this subsection are continuously
appropriated to the Office of Energy for this purpose.
(b) The Office of Energy shall maintain and shall cause other
state agencies and counties to maintain time and billing records
for the expenditure of any fees collected from an operator of a
nuclear fueled thermal power plant under paragraph (a) of this
subsection.
(10) Reactors operated by a college, university or graduate
center for research purposes and electric utilities not connected
to the Northwest Power Grid are exempt from the fee requirements
of subsections (5), (8) and (9) of this section.
(11)(a) All fees assessed by the administrator against holders
of site certificates for facilities that have an installed
capacity of 500 megawatts or greater may be paid in several
installments, the schedule for which shall be negotiated between
the administrator and the site certificate holder.
(b) Energy resource suppliers or applicants or holders of a
site certificate who fail to pay a fee provided under subsections
(1) to (9) of this section or the fees required under ORS 469.360
after it is due and payable shall pay, in addition to that fee, a
penalty of two percent of the fee a month for the period that the
fee is past due. Any payment made according to the terms of a
schedule negotiated under paragraph (a) of this subsection shall
not be considered past due. The administrator may bring an action
to collect an unpaid fee or penalty in the name of the State of
Oregon in a court of competent jurisdiction. { - The court may
award reasonable attorney fees to the prevailing party in an
action under this subsection. - } The court may award reasonable
attorney fees to the administrator if the administrator prevails
in an action under this subsection. The court may award
reasonable attorney fees to a defendant who prevails in an action
under this subsection if the court determines that the
administrator had no objectively reasonable basis for asserting
the claim or no reasonable basis for appealing an adverse
decision of the trial court.
{ + NOTE: + } Deletes redundant provision in (11)(b).
Enrolled House Bill 2509 (HB 2509-B) Page 149
SECTION 167. ORS 469.720 is amended to read:
469.720. (1) A dwelling owner who is or who rents to a
residential fuel oil customer or who is or who rents to a wood
heating resident, may not apply for low-interest financing under
ORS 469.710 to 469.720 unless:
(a) The dwelling owner, customer or resident has first
requested and obtained an energy audit from a fuel oil dealer, a
publicly owned utility or an investor-owned utility or from a
person under contract with the { - Oregon - } Office of Energy
under ORS 316.744, 317.111, 317.386, 318.090 and 469.631 to
469.687;
(b) The dwelling owner first submits to the Office of Energy
written permission to inspect the installations to verify that
installation of energy conservation measures has been made;
(c) The dwelling owner presents to the lending institution a
copy of the energy audit together with certification that the
dwelling in question receives space heating from fuel oil or wood
and a copy of the written permission to inspect submitted to the
Office of Energy under paragraph (b) of this subsection; and
(d) The dwelling owner does not receive any other state
incentives for that part of the cost of the energy conservation
measures to be financed by the loan.
(2) Any dwelling owner applying for low-interest financing
under ORS 469.710 to 469.720 who is or who rents to a residential
fuel oil customer, or who is or who rents to a wood heating
resident, may use without obtaining a new energy audit any
assistance and technical advice obtained from an energy supplier
before November 1, 1981, under chapter 887, Oregon Laws 1977, or
from a public utility under chapter 889, Oregon Laws 1977,
including an estimate of cost for installation of weatherization
materials.
{ + NOTE: + } Corrects reference to state agency.
SECTION 168. ORS 469.805 is amended to read:
469.805. (1) The Governor, subject to Senate confirmation
pursuant to section 4, Article III of the Oregon Constitution,
shall appoint two persons to serve as members of the Pacific
Northwest Electric Power and Conservation Planning Council for
terms of three years.
(2) In making the appointments under subsection (1) of this
section, the Governor shall consider but is not limited to:
(a) Prior experience, training and education as related to the
duties and functions of the council and the priorities contained
in section 4 of Public Law 96-501.
(b) General knowledge of the concerns, conditions and problems
of the physical, social and economic environment of the State of
Oregon.
(c) The need for diversity of experience and education related
to the functions and duties of the council and priorities of
Public Law 96-501.
(3) Of the persons appointed under subsection (1) of this
section, not more than one member of the Oregon delegation to the
council shall reside within the boundary of an area that includes
the First and Third Congressional Districts as described in ORS
{ - 188.130 - } { + 188.135 + } and the Portland, Oregon,
Standard Metropolitan Statistical Area.
{ + NOTE: + } Corrects reference to statute describing
current congressional districts.
SECTION 169. ORS 471.038 is amended to read:
471.038. (1) Nonbeverage food products described in subsection
(6) of this section may be sold at retail by any holder of a
license issued by the Oregon Liquor Control Commission that
Enrolled House Bill 2509 (HB 2509-B) Page 150
authorizes the sale of alcoholic liquor at retail. Any
nonbeverage food product containing more than one-half of one
percent of alcohol by volume must be clearly labeled to reflect
the alcohol content of the product and clearly labeled on the
front of the package to indicate that the product may not be sold
to persons under 21 years of age.
(2) Except as provided by this section, sales of nonbeverage
food products described in subsection (6) of this section are
subject to all provisions of this chapter and ORS chapter 472,
including the prohibitions on sales to persons under 21 years of
age and the prohibitions on sales to persons who are visibly
intoxicated.
(3) Nonbeverage food products described in subsection (6) of
this section may be imported, stored and distributed in this
state without a license issued by the commission. Nonbeverage
food products described in subsection (6) of this section are not
subject to the privilege taxes imposed by ORS chapter 473.
(4) Manufacturers of nonbeverage food products described in
subsection (6) of this section are not subject to the provisions
of ORS { - 471.415, 471.417, 471.452, 471.455, 471.456,
471.457, 471.460, 471.463, 471.465, 471.470 - } { + 471.392 to
471.400 + }, 471.485, 471.490 or 471.495 or any other provision
of this chapter relating to manufacturers of alcoholic liquor. A
manufacturer of nonbeverage food products described in subsection
(6) of this section may sell and deliver the product directly to
a licensee authorized under this section to sell the product at
retail.
(5) The holder of a distillery license issued under ORS 471.230
who is also a manufacturer of nonbeverage food products described
in subsection (6) of this section may purchase distilled liquor
directly from other distilleries.
(6) The provisions of this section apply only to nonbeverage
food products that contain not more than five percent alcohol by
weight or 10 percent alcohol by volume, whichever is greater.
{ + NOTE: + } Deletes references to repealed sections;
inserts appropriate series reference.
SECTION 170. ORS 471.285 is amended to read:
471.285. (1) An { - agent's - } { + agent + } license shall
allow the holder to sell, solicit or take orders for alcoholic
liquors to and from the commission only. No holder of an
{ - agent's - } { + agent + } license shall have any right,
title, lien, claim or interest, financial or otherwise, in, upon
or to the premises, equipment, business or merchandise of any
licensee authorized to sell alcoholic liquor at retail.
(2) Any person who has not had an { - agent's - }
{ + agent + } license refused or revoked or whose license is not
under suspension may exercise the privilege of the
{ - agent's - } { + agent + } license immediately after
transmitting an application for an { - agent's - }
{ + agent + } license to the Oregon Liquor Control Commission
with the fees required by ORS 471.290. The applicant must keep a
copy of the application available for immediate inspection by any
commission representative or peace officer until the applicant
receives the license.
{ + NOTE: + } Clarifies name of license.
SECTION 171. ORS 471.290 is amended to read:
471.290. (1) Any person desiring a license or renewal of a
license under this chapter or ORS chapter 472 shall make
application to the Oregon Liquor Control Commission upon forms to
be furnished by the commission showing the name and address of
the applicant, location of the place of business which is to be
Enrolled House Bill 2509 (HB 2509-B) Page 151
operated under the license, and such other pertinent information
as the commission may require. No license shall be granted or
renewed until the applicant has complied with the provisions of
the Liquor Control Act, the provisions of the Oregon Distilled
Liquor Control Act and the rules of the commission.
(2) Except as provided in this section, the commission shall
assess a nonrefundable fee for processing each application for
any license authorized by this chapter or ORS chapter 472, in an
amount equal to 25 percent of the license fee. The commission
shall not begin to process any license application until the
application fee is paid. If the commission allows an applicant to
apply at the same time for alternative licenses at one premises,
only the application fee for the most expensive license shall be
required. If a license is granted or committed, the application
fee of 25 percent shall be applied against the annual license
fee. This subsection shall not apply to an { - agent's - }
{ + agent + } license, a salesperson license, a certificate of
approval, a druggist license, a health care facility license or
to any license which is issued for a period of less than 30 days.
(3) Subject to subsection (4) of this section, the commission
shall assess a nonrefundable fee for processing a renewal
application for any license authorized by this chapter or ORS
chapter 472 only if the renewal application is received by the
commission less than 20 days before expiration of the license. If
the renewal application is received prior to expiration of the
license but less than 20 days prior to expiration, this fee shall
be 25 percent of the annual license fee. If a renewal application
is received by the commission after expiration of the license but
no more than 30 days after expiration, this fee shall be 40
percent of the annual license fee. This subsection shall not
apply to an { - agent's - } { + agent + } license, a
salesperson license, a certificate of approval, a druggist
license, a health care facility license, a brewery-public house
license or to any license which is issued for a period of less
than 30 days.
(4) The commission may waive the fee imposed under subsection
(3) of this section if it finds that failure to submit a timely
application was due to unforeseen circumstances or to a delay in
processing the application by the local governing authority that
is no fault of the licensee.
(5) The annual license fee is nonrefundable and shall be paid
by each applicant upon the granting or committing of a license.
The annual license fee and the minimum bond required of each
class of license under this chapter are as follows:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Minimum
License Fee Bond
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Brewery, including
Enrolled House Bill 2509 (HB 2509-B) Page 152
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Certificate of Ap$r500l1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Winery 250 1,000
Distillery 100 None
Wholesale Malt
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Beverage and Wine 275 1,000
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Bottler 150 None
Restaurant 200 None
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Package Store 50 None
Druggist 5 None
Railroad System or Public
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Passenger Carrier
or Boat 100 None
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Industrial Alcohol 50 None
Retail Malt Beverage 200 None
Health Care Facility 5 None
Warehouse 100 1,000
Special retail beer
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
Enrolled House Bill 2509 (HB 2509-B) Page 153
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
license may be
issued for any picnic,
convention, fair, civic
or community enterprise
or business promotion on
a licensed premis$s10tper day
Special retail wine
license may be issued
for any special auction,
wine raffle,
picnic, convention,
fair, civic or community
enterprise or business
promotion on a licensed
premises at $ 10 per day
Special events winery
license may be
issued to a
winery licensee a$ 10 per day
Bed and breakfast
license $ 5 per guest unit
Brewery-Public House,
including Certificate
of Approval $250 $ 1,000
Grower sales privilege
license $250 $ 1,000
Special events grower
sales privilege
license $ 10 per day
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Agent $125 for five years
Salesperson $ 25 for five years
Winery Salesperson $ 35 for five years
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(6)(a) The annual license fee for a Class A dispenser license
is $400.
(b) The annual license fee for a Class B dispenser license is:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
For clubs with fewer than
500 members.............$100
For clubs with 500 but fewer than
1,000 members...........$200
For clubs with 1,000
or more members.........$300
Enrolled House Bill 2509 (HB 2509-B) Page 154
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(c) The annual license fee for a Class C dispenser license is
$300.
(d) The license fee for a seasonal dispenser license is $40 per
month.
(e) The annual license fee for a caterer dispenser license is
$300.
(7) The fee for a certificate of approval or special
certificate of approval granted under ORS 471.289 is
nonrefundable and must be paid by each applicant upon the
granting or committing of a certificate of approval or special
certificate of approval. No bond is required for the granting of
a certificate of approval or special certificate of approval.
Certificates of approval are valid for a period commencing on the
date of issuance and ending on December 31 of the fifth calendar
year following the calendar year of issuance. The fee for a
certificate of approval is $175. Special certificates of
approval are valid for a period of 30 days. The fee for a special
certificate of approval is $10.
{ + NOTE: + } Clarifies name of license.
SECTION 172. ORS 471.392 is amended to read:
471.392. For the purposes of ORS 471.392 to 471.400:
(1) 'Manufacturer or wholesaler' means:
(a) A person holding a brewery license issued under ORS
471.220, a winery license issued under ORS 471.223, a grower
sales privilege license issued under ORS 471.227, a distillery
license issued under ORS 471.230, a wholesale malt beverage and
wine license issued under ORS 471.235, a warehouse license issued
under ORS 471.242, a bottler license issued under ORS 471.245, an
{ - agent's - } { + agent + } license issued under ORS
471.285, a salesperson license issued under ORS 471.287 or a
winery salesperson license issued under ORS 471.287.
(b) Any manufacturer of alcoholic liquors whose products are
sold in the State of Oregon.
(2) 'Retail licensee' means the holder of any license issued
under ORS 472, a restaurant license issued under ORS 471.250, a
health care facility license issued under ORS 471.257, a retail
malt beverage license issued under ORS 471.265, a bed and
breakfast license issued under ORS 471.259, a package store
license issued under ORS 471.260, a druggist license issued under
ORS 471.270, a public passenger carrier license issued under ORS
471.275, a special retail beer license or a special retail wine
license. 'Retail licensee' does not include a bona fide trade
association that represents retail licensees and that is open to
all persons licensed under at least one type of retail license
issued under this chapter or ORS chapter 472.
{ + NOTE: + } Clarifies name of license.
SECTION 173. ORS 471.478 is amended to read:
471.478. On and after January 1, 1978:
(1) The commission by rule shall require the identification of
kegs of malt beverages sold directly to consumers who are not
licensees of the commission and the signing of a receipt therefor
by the purchaser in order to allow the kegs to be traced if the
contents are consumed in violation of the { - Oregon - }
Liquor Control Act. The keg identification shall be in the form
of a numbered label prescribed and supplied by the commission
which identifies the seller and which is removable or obliterated
when the keg is processed for refilling. The receipt shall be on
Enrolled House Bill 2509 (HB 2509-B) Page 155
a form prescribed and supplied by the commission and shall
include the name and address of the purchaser; motor vehicle
operator's license number, if any; the automobile registration of
the motor vehicle in which the keg was removed from the seller's
premises, if any; and such other identification as the commission
by rule may require. The receipt shall contain a statement that
must be signed by the purchaser that, under penalty of false
swearing, the purchaser will not allow consumption of any malt
beverage in the keg in violation of ORS 471.410. A copy of the
receipt shall be given to the purchaser and the seller shall
retain the original receipt for such period as the commission by
rule may require.
(2) Possession of a keg containing malt beverages which is not
identified as required by subsection (1) of this section is a
Class A misdemeanor.
(3) A person who signs a receipt described in subsection (1) of
this section in order to obtain a keg, knowing the receipt to be
false, or who falsifies any information required on the receipt,
is guilty of false swearing as prescribed by ORS 162.075.
(4) As used in this section, 'keg' means any brewery-sealed,
individual container of malt beverage having a liquid capacity of
more than seven gallons.
{ + NOTE: + } Corrects short title of Act.
SECTION 174. ORS 471.675 is amended to read:
471.675. No person shall forcibly resist lawful arrest, or by
physical contact recklessly interfere with an investigation of
any infringement of the Liquor Control Act or { + the Oregon + }
Distilled Liquor Control Act or with any lawful search or seizure
being made by an officer or inspector of the commission, when
such person knows or should know that such acts are being
performed by an officer or inspector of the commission.
{ + NOTE: + } Corrects short title of Act.
SECTION 175. ORS 472.060 is amended to read:
472.060. (1) For all purposes in connection with this chapter,
the commission shall have and exercise all of the powers and be
subject to the duties conferred upon it by the { - Oregon - }
Liquor Control Act and Acts amendatory thereof and supplemental
thereto, and constitutional provisions, and the commission is
hereby authorized and directed to administer and perform the
duties provided by this chapter within and in accordance with the
powers and duties prescribed in the { - Oregon - } Liquor
Control Act and Acts amendatory thereof and supplemental thereto,
and constitutional provisions, so far as is applicable.
(2) In addition to the functions, duties and powers vested with
and possessed by the commission, the commission is hereby vested
with the following functions, duties and powers:
(a) To grant, refuse, suspend or cancel licenses for the sale
upon licensed premises, by licensees, of distilled liquor for
consumption on the premises { - ; - } { + . + }
(b) To collect taxes and duties imposed by Acts relating to the
sale of distilled liquors, and to issue, and to provide for the
cancellation of, revenue stamps and other devices evidencing
payment of such taxes or duties { - ; - } { + . + }
(c) To investigate and aid in the prosecution of each violation
of this chapter and other Acts relating to alcoholic liquors, to
make seizure of distilled liquors, manufactured, sold, kept,
imported or transported in contravention of this chapter, and to
apply for the confiscation thereof, whenever required by this
chapter, and to cooperate in the prosecution of offenders before
any court of competent jurisdiction { - ; - } { + . + }
Enrolled House Bill 2509 (HB 2509-B) Page 156
(d) To adopt such regulations as are necessary and feasible for
carrying out the provisions of this chapter and to amend or
repeal such regulations, and to exercise all such other powers,
duties and functions covered by this chapter, and all powers
incidental, convenient or necessary to enable it to administer or
carry out any of the provisions of this chapter.
{ + NOTE: + } Corrects short title of Act; corrects
punctuation in (2).
SECTION 176. ORS 473.030 is amended to read:
473.030. (1) A tax { - hereby - } is imposed upon the
privilege of engaging in business as a manufacturer or as an
importing distributor of malt beverages at the rate of $2.60 per
barrel of 31 gallons on all such beverages.
(2) A tax { - hereby - } is imposed upon the privilege of
engaging in business as a manufacturer or as an importing
distributor of wines at the rate of 65 cents per gallon on all
such beverages.
(3) In addition to the tax imposed by subsection (2) of this
section, { + a manufacturer or an importing distributor of + }
wines containing more than 14 percent alcohol by volume and not
more than 21 percent alcohol by volume shall be taxed at { + the
rate of + } 10 cents per gallon.
(4) In addition to the taxes imposed by subsections (2) and (3)
of this section, { + a manufacturer or an importing distributor
of + } wines containing not more than 21 percent alcohol by
volume shall be taxed { - an additional - } { + at the rate
of + } two cents per gallon. Notwithstanding any other provision
of law, all moneys collected by the Oregon Liquor Control
Commission pursuant to this subsection shall be paid into the
Wine Advisory Board Account established under ORS 576.765.
(5) The rates of tax imposed by this section upon malt
beverages apply proportionately to quantities in containers of
less capacity than those quantities specified in this section.
(6) The taxes imposed by this section shall be measured by the
volume of wine or malt beverages produced, purchased or received
by any manufacturer. If the wine or malt beverage remains unsold
and in the possession of the producer at the plant where it was
produced, no tax imposed or levied by this section is required to
be paid until the wine or malt beverage has become sufficiently
aged for marketing at retail, but this subsection shall not be
construed so as to alter or affect any provision of this chapter
relating to tax liens or the filing of statements.
{ + NOTE: + } Clarifies imposition of tax; corrects word
choice.
SECTION 177. ORS 496.090 is amended to read:
496.090. (1) There is established a State Fish and Wildlife
Commission consisting of seven members appointed by the Governor.
(2) The term of office of each member is four years. Before the
expiration of the term of a member, the Governor shall appoint a
successor. 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) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
(4) One member of the commission shall be appointed from each
of the congressional districts referred to in ORS
{ - 188.130 - } { + 188.135 + } and one member from that
portion of the state lying west of the Cascade Mountains, one
member from that portion of the state lying east of the Cascade
Mountains.
Enrolled House Bill 2509 (HB 2509-B) Page 157
(5) No member of the commission may hold any office in any
sports fishing organization or commercial fishing organization or
have any ownership or other direct interest in a commercial fish
processing business.
(6) Failure of a member to maintain compliance with the
eligibility requirements of subsections (4) and (5) of this
section shall vacate membership. Members of the commission may
otherwise be removed only for cause.
(7) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
{ + NOTE: + } Corrects reference to statute describing
current congressional districts.
SECTION 178. ORS 497.162 is amended to read:
497.162. (1) Upon application of the { + Oregon Youth
Authority, + } Children's Services Division or Mental Health and
Developmental Disability Services Division, the commission shall
issue without fee, licenses to angle for the temporary use of any
person in a state institution as defined in ORS 179.610, or any
student in a youth correction facility or related camps or
programs operated by
{ - Children's Services Division - } { + the Oregon Youth
Authority + }, or any child placed by Children's Services
Division and under the care of a foster home or a private
nonprofit child-caring agency certified by the division or any
person in a Mental Health and Developmental Disability Services
Division alternatives to state hospitalization program as defined
in ORS 430.630 (2)(b) or (c). The licenses issued under this
subsection shall be in bearer form and, subject to applicable
laws and regulations relating to angling, shall be used as the
{ + authority or + } division { - or board - } directs.
(2) Upon application of the director of any veteran's
administration hospital or domiciliary within this state, the
commission shall issue without fee to each hospital or
domiciliary, 30 licenses to angle for the temporary use of any
person who is a patient or resident in the hospital or
domiciliary. The licenses issued under this subsection shall be
in bearer form and, subject to applicable laws and regulations
relating to angling, shall be used as the director of the
hospital or domiciliary provides.
{ + NOTE: + } Corrects reference to state agency.
SECTION 179. ORS 527.755, as amended by section 7, chapter 9,
Oregon Laws 1996, is amended to read:
527.755. (1) The following highways are hereby designated as
scenic highways for purposes of the Oregon Forest Practices Act:
(a) Interstate Highways 5, 84, 205, 405; and
(b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36,
38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and
395.
(2) The purpose of designating scenic highways is to provide a
limited mechanism that maintains roadside trees for the enjoyment
of the motoring public while traveling through forestland,
consistent with ORS 527.630, safety and other practical
considerations.
(3) The State Board of Forestry, in consultation with the
Department of Transportation, shall establish procedures and
regulations as necessary to implement the requirements of
subsections (4), (5) and (6) of this section, consistent with
subsection (2) of this section, including provisions for
alternate plans. Alternate plans that modify or waive the
requirements of subsection (4), (5) or (6) of this section may be
Enrolled House Bill 2509 (HB 2509-B) Page 158
approved when, in the judgment of the State Forester,
circumstances exist such as:
(a) Modification or waiver is necessary to maintain motorist
safety, protect improvements such as dwellings and bridges, or
protect forest health;
(b) Modification or waiver will provide additional scenic
benefits to the motoring public, such as exposure of distant
scenic vistas;
(c) Trees that are otherwise required to be retained will not
be visible to motorists;
(d) The operation involves a change of land use that is
inconsistent with maintaining a visually sensitive corridor; or
(e) The retention of timber in a visually sensitive corridor
will result in severe economic hardship for the owner because all
or nearly all of the owner's property is within the visually
sensitive corridor.
(4)(a) For harvest operations within a visually sensitive
corridor, at least 50 healthy trees of at least 11 inches DBH, or
that measure at least 40 square feet in basal area, shall be
temporarily left on each acre.
(b) Overstory trees initially required to be left under
paragraph (a) of this subsection may be removed when the
reproduction understory reaches an average height of at least 10
feet and has at least the minimum number of stems per acre of
free to grow seedlings or saplings required by the board for
reforestation, by rule.
(c) Alternatively, when the adjacent stand, extending from 150
feet from the outermost edge of the roadway to 300 feet from the
outermost edge of the roadway, has attained an average height of
at least 10 feet and has at least the minimum number of stems per
acre of free to grow seedlings or saplings required by the board
for reforestation, by rule, or at least 40 square feet of basal
area per acre, no trees are required to be left in the visually
sensitive corridor, or trees initially required to be left under
paragraph (a) of this subsection may be removed. When harvests
within the visually sensitive corridor are carried out under this
paragraph { + , + } the adjacent stand, extending from 150 feet
from the outermost edge of the roadway to 300 feet from the
outermost edge of the roadway, shall not be reduced below the
minimum number of stems per acre of free to grow seedlings or
saplings at least 10 feet tall required by the board for
reforestation, by rule, or below 40 square feet of basal area per
acre until the adjacent visually sensitive corridor has been
reforested as required under subsection (6) of this section and
the stand has attained an average height of at least 10 feet and
has at least the minimum number of stems per acre.
(5) Harvest areas within a visually sensitive corridor shall be
cleared of major harvest debris within 30 days of the completion
of the harvest, or within 60 days of the cessation of active
harvesting activity on the site, regardless of whether the
harvest operation is complete.
(6) Notwithstanding the time limits established in ORS 527.745
(1)(a), when harvesting within a visually sensitive corridor
results in a harvest type 1 or harvest type 3, reforestation
shall be completed by the end of the first planting season after
the completion of the harvest. All other provisions of ORS
527.745 shall also apply to harvest type 1 or harvest type 3
within visually sensitive corridors.
(7) Landowners and operators shall not be liable for injury or
damage caused by trees left within the visually sensitive
corridor for purposes of fulfilling the requirements of this
Enrolled House Bill 2509 (HB 2509-B) Page 159
section, when carried out in compliance with the provisions of
the Oregon Forest Practices Act.
(8) Harvest on single ownerships less than five acres in size
are exempt from this section.
{ + NOTE: + } Corrects punctuation in (4)(c) by inserting
comma.
SECTION 180. ORS 530.110 is amended to read:
530.110. (1) All revenues derived from lands acquired without
cost to the state, or acquired from counties pursuant to ORS
530.030, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used
exclusively for the purposes stated in subsection (3) of this
section, and in accordance with the following distribution:
(a) Fifteen percent shall be credited to the State Forests
Protection Subaccount of the State Forestry Department Account
until the amount in such subaccount shall reach $475,000.
Thereafter, the revenues shall be disposed of as stated in
paragraphs (b) and (c) of this subsection, unless needed to
maintain the $475,000 level. All moneys in the State Forests
Protection Subaccount are appropriated continuously to the State
Forester who may use such money under the following priorities:
(A) First, in addition to or in lieu of other moneys available,
to pay the cost of protection, as determined under ORS 477.270,
for lands acquired under ORS 530.010 to 530.040 { - , and
then - } { + . + }
(B) Second, to provide moneys needed for activities authorized
by subsection (3) of this section { - , and then - } { + . + }
(C) From remaining moneys, to pay costs incurred in the
suppression of fire originating on or spreading from an operation
area, as defined in ORS 477.001, on state-owned forestland
acquired under ORS 530.010 to 530.040. The State Forester shall
make payments with approval of the board for such fire
suppression costs; except that no payments shall be made for such
costs or portion thereof when other parties are responsible under
law or contracts for the payment of such costs.
(b) Seventy-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be disposed of as provided in ORS 530.115.
(c) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraph (a) of this
subsection, shall be used for the purposes set out in subsection
(3) of this section.
(2) All revenues from lands other than lands designated in
subsection (1) of this section, acquired under ORS 530.010 to
530.040, shall be paid into the State Treasury and credited to
the State Forestry Department Account and shall be used
exclusively for the purposes stated in subsection (3) of this
section, and in accordance with the following distribution:
(a) Until each legal subdivision of the lands has been credited
with an amount equal to the purchase price thereof, the revenues
shall reimburse the State Forestry Department Account. If
sufficient revenue to reimburse the State Forestry Department
Account is not generated from the purchased parcels within five
years from the date of acquisition, the State Forester, with the
consent of the affected county, shall deduct all or portions of
the unreimbursed purchase costs from the revenue distributed to
that county in accordance with ORS 530.115 (1). Thereafter
paragraphs (b), (c) and (d) of this subsection apply.
(b) The percentage required under subsection (1)(a) of this
section shall be credited to the State Forests Protection
Enrolled House Bill 2509 (HB 2509-B) Page 160
Subaccount, thereafter, the revenues shall be disposed of as
stated in paragraphs (c) and (d) of this subsection.
(c) Seventy-five percent of all such revenues remaining after
paragraphs (a) and (b) of this subsection have been complied
with, shall be disposed of as provided in ORS 530.115.
(d) Twenty-five percent of all such revenues remaining after
the percentage disposed of as stated in paragraphs (a) and (b) of
this subsection, shall be used for the purposes set out in
subsection (3) of this section.
(3) The moneys in the State Forestry Department Account derived
from those percentages of revenues set out in { - subsection
(1)(c) of this section, and subsection (2)(d) of this
section, - } { + subsections (1)(c) and (2)(d) of this
section + } shall be used for the redemption of Oregon forest
development revenue bonds and payment of interest thereon, for
the acquisition, development and management of forestlands and
for such other purposes as are necessary in carrying out ORS
530.010 to 530.110.
{ + NOTE: + } Conforms structure in (1) and citation in (3)
to legislative form and style.
SECTION 181. ORS 542.750 is amended to read:
542.750. (1) The Water Resources Commission may make surveys,
investigations and prepare plans, specifications, estimates and
other data, as in the commission's judgment can accomplish the
purposes of the Watershed Protection and Flood Prevention Act. As
soon as practicable after completion the commission shall
prepare, or have prepared, a report setting forth the results of
the surveys and investigations. All work performed by the
commission under this section shall be correlated with that
performed by the
{ - Soil Conservation Service - } { + United States Natural
Resources Conservation Service, or its successor agency, + }
under the Watershed Protection and Flood Prevention Act.
(2) The commission may on behalf of the State of Oregon enter
into contracts or agreements with any agencies of the United
States Department of Agriculture for the execution of surveys,
investigations and the preparation of plans, specifications and
estimates or other data to determine costs and feasibility of
reservoir or other works of improvement which may be constructed
under the provisions of the Watershed Protection and Flood
Prevention Act, as amended.
(3) The intent of this section is to expedite the investigation
and planning of works of improvement which may be constructed
under the Watershed Protection and Flood Prevention Act to reduce
the delay in time occurring between initiation of a project and
beginning of construction.
{ + NOTE: + } Corrects reference to federal agency.
SECTION 182. ORS 545.199 is amended to read:
545.199. (1) An irrigation district may increase the number of
its board of directors from three to five members.
(2) The number of directors may be increased to five when, in
the judgment of the board of directors, it is necessary or
beneficial to the welfare of the district.
(3) When 50 or more qualified electors within the district file
with the board a petition requesting an election for the purpose
of increasing the number of directors, the board shall
immediately order a special election upon the question and
proceed according to the provisions of { - either - } ORS
545.135 to 545.163. At the same election, two persons shall be
elected to serve as directors if the electors, by a majority of
votes cast at the election, increase the number of the board.
Enrolled House Bill 2509 (HB 2509-B) Page 161
{ + NOTE: + } Deletes incorrect word.
SECTION 183. ORS 568.210 is amended to read:
568.210. As used in ORS 568.210 to 568.808 and 568.900 to
568.933, unless the context requires otherwise:
(1) 'Agency of this state' includes the government of this
state and any subdivision, agency or instrumentality, corporate
or otherwise, of the government of this state.
(2) 'Department' means the State Department of Agriculture.
(3) 'Director' means one of the members of the local governing
body of a district elected or appointed in accordance with the
provisions of ORS 568.210 to 568.808 and 568.900 to 568.933.
(4) 'District' or 'soil and water conservation district ' means
a governmental subdivision of this state, and a public body
corporate and politic, but without power to issue bonds or make
assessments except as provided in ORS 568.805, organized in
accordance with the provisions of ORS 568.210 to 568.808 and
568.900 to 568.933 for the purposes, with the powers, and subject
to the restrictions set forth in ORS 568.210 to 568.808 and
568.900 to 568.933.
(5) 'Due notice' means notice published at least twice, with an
interval of at least seven days between the two publication
dates, in a newspaper or other publication of general circulation
within the appropriate area, or if no such publication of general
circulation is available, by posting at a reasonable number of
conspicuous places within the appropriate area, such posting to
include, where possible, posting at public places where it may be
customary to post notices concerning county or municipal affairs
generally. At any hearing held pursuant to such notice, at the
time and place designated in such notice, adjournment may be made
from time to time without the necessity of renewing such notice
for such adjourned dates.
(6) 'Elector' means an individual qualified to vote under
section 2, Article II, Oregon Constitution.
(7) 'Government' or 'governmental' includes the government of
this state, the Government of the United States, and any
subdivision, agency or instrumentality, corporate or otherwise,
of either of them.
(8) 'Land' or 'acres of land' includes land owned by any of the
parties enumerated in subsection (10) of this section.
(9) 'Land occupier' or 'occupiers of land' includes any person,
firm or corporation who is in possession of any land lying within
a district, whether as lessee, renter or tenant.
(10) 'Landowner' includes any person, firm, corporation, the
state, any county within the state, or municipality, shown by
records of the county to be the owner of land or having such land
under contract to purchase, lying within a district.
{ + (11) 'Long-range program' means a long-range plan for the
conservation and development of the renewable natural resources
of a district. + }
{ - (11) - } { + (12) + } 'Nominating petition' means a
petition filed under ORS 568.520 to nominate candidates for
director.
{ - (12) - } { + (13) + } 'Petition' means a petition filed
under ORS 568.300 (1) for the creation of a district.
{ - (13) - } { + (14) + } 'State' means the State of
Oregon.
{ - (14) - } { + (15) + } 'United States' or 'agencies of
the United States' includes the United States of America, the
{ - soil conservation service of the - } United States
{ - Department of Agriculture - } { + Natural Resources
Conservation Service, or its successor agency + }, and any other
Enrolled House Bill 2509 (HB 2509-B) Page 162
agency or instrumentality, corporate or otherwise, of the United
States of America.
{ - (15) 'Long-range program' means a long-range plan for the
conservation and development of the renewable natural resources
of a district. - }
{ + NOTE: + } Corrects reference to federal agency; conforms
section to legislative form and style.
SECTION 184. ORS 568.900 is amended to read:
568.900. As used in ORS 568.900 to 568.933:
(1) 'Board' means the State Board of Agriculture.
(2) 'Operator' means any person, including a landowner or land
occupier engaged in any commercial activity relating to the
growing or harvesting of agricultural crops or the production of
agricultural commodities.
(3) 'Water' or 'the waters of the state' has the meaning given
in ORS 468B.005.
(4) 'Water pollution' has the meaning given in ORS 468B.005.
(5) { - ' Plan' or - } 'Water quality management plan'
{ + or ' plan' + } means a plan developed under ORS 568.909. The
plan shall be based upon scientific information.
{ + NOTE: + } Conforms section structure to legislative form
and style.
SECTION 185. ORS 576.765 is amended to read:
576.765. (1) There is established in the General Fund of the
State Treasury a Wine Advisory Board Account. Funds collected
pursuant to ORS 473.030 { + (4) + } and 473.045 shall be
credited to such account and shall be continuously appropriated
exclusively for the expenses of the Wine Advisory Board. In any
fiscal year the board shall budget, from funds other than fees
collected by the Wine Advisory Board, at least one-third of its
funds toward research and development and at least one-third
toward promotion and marketing including administrative costs
associated with either category.
(2) All funds collected pursuant to ORS 473.030 (4) shall be
credited to the account and are appropriated continuously to the
Wine Advisory Board for the payment of expenses of any duty,
function or power imposed by law upon the board.
{ + NOTE: + } Inserts appropriate subsection reference.
SECTION 186. ORS 608.310 is amended to read:
608.310. (1) Every person, or the lessee or agent of the
person, owning or operating any railroad, shall erect and
maintain good and sufficient lawful fences on both sides of the
railroad line, except at the crossings of and upon public roads
and highways, within such portions of cities as are or may be
laid out and platted in lots and blocks and at railroad station
grounds. Such person shall also at the same time erect and
maintain necessary farm crossings and gates and sufficient cattle
guards at all public crossings.
(2) Railroad lines shall be so fenced and farm crossings, gates
and cattle guards installed, within three months from the time
such lines are put in operation. However, the Department of
Transportation may prescribe by rule the number, location and
character of farm crossings which may be necessary and the manner
in which they shall be constructed so that they are reasonably
adequate, safe, sufficient and convenient, but not so as to
impair the terms of any contract between the landowner and the
railroad or decree in condemnation relative to such crossings.
(3) The Department of Transportation may, by rule { + , + }
determine and prescribe any other description of fence than that
designated as a lawful fence, which shall be constructed and
maintained by any such railroad company between the points which
Enrolled House Bill 2509 (HB 2509-B) Page 163
are designated in such rule, and may provide for the
apportionment of the costs of reconstruction necessitated thereby
as between the parties interested.
(4) The Department of Transportation by rule may suspend the
operation of this section as to any particular portion of any
line of railroad.
{ + NOTE: + } Corrects punctuation in (3).
SECTION 187. ORS 619.095 is amended to read:
619.095. (1) Game meat donated to charitable organizations
shall be inspected by the State Department of Agriculture to
determine fitness for human consumption as provided in ORS
603.045 and 619.031 or shall be inspected and determined fit for
human consumption by employees of the State Department of Fish
and Wildlife or the Department of State Police who have been
trained by the State Department of Agriculture in the procedures
provided in ORS 603.045 and 619.031, and shall be processed by an
establishment approved by the State Department of Agriculture as
provided in ORS 619.026 and 619.031 and may be served for human
consumption by charitable organizations.
(2) As used in subsection (1) of this section:
(a) 'Charitable organization' means the Adult and Family
Services Division, Children's Services Division, { + Oregon
Youth Authority, + } Department of Corrections institutions,
low-income nutritional centers, public school nutritional
centers, senior nutritional centers, state hospitals and other
charitable organizations or public institutions approved by the
State Department of Fish and Wildlife.
(b) 'Game meat' includes antelope, bighorn sheep, deer, elk,
moose and mountain goat.
{ + NOTE: + } Inserts name of appropriate state agency.
SECTION 188. ORS 621.072 is amended to read:
621.072. (1) The department shall issue a license to use a
grade designation to any person who makes written application for
a license on forms provided by the department and pays the
designated license fee, is engaged in the business of producing
or distributing, or both, fluid milk, and meets the requirements
of the particular grade designation for which application is
made. If a person carries on both the activities of a producer
and of a producer-distributor such person shall obtain a separate
license for each such activity. Licenses issued under this
section shall be personal and not transferable.
(2) Each distributor who receives milk in producer containers
shall designate at least one plant employee who shall obtain a
license from the department authorizing such person to take
samples of milk for analysis by the department. Each milk hauler,
milk receiver or other person who grades fluid milk as fit or
unfit for processing as fluid milk due to quality, odor, flavor
or wholesomeness shall first obtain a license from the department
authorizing such person to sample and grade fluid milk. The
grader shall make a true written record of grade, the reason for
rejection with the name of the producer, the date of rejection
and the quantity involved. A copy of the record shall be made
available to the department. Each applicant for a milk sampler's
and grader's license shall be required to demonstrate
satisfactorily by written examination given by the department an
adequate knowledge of milk sanitation as it relates to the
sampling, grading and handling of fluid milk and cream for
analysis. Examinations for licenses shall be given by the
department at such times and at such places as appears to be
necessary and practical.
Enrolled House Bill 2509 (HB 2509-B) Page 164
(3) Before and after issuing a license to an establishment as a
producer, producer-distributor, distributor or nonprocessing
distributor of fluid milk the department shall as it deems
necessary inspect the physical facilities of the applicant's
dairy or plant and such other factors as may relate to the
production or distribution of fluid milk. The physical facilities
shall conform to the requirements for the production and
distribution of fluid milk meeting the standards of quality for
which the license to use the particular grade designation is
sought.
(4) Each license issued under this section expires on June 30
next following the date of its issuance unless sooner revoked and
may be renewed upon application of the licensee. Each application
for a license or annual renewal thereof shall be accompanied by a
license fee. The fees for the several types of licenses shall be
established by the department in accordance with ORS 183.310 to
183.550, and shall not be less than $25 nor more than $750 for
each category of activity specified in subsection (5) of this
section. The license fees may be established at a specified
amount for each category of activity, or may be established on
the basis of the annual gross dollar volume of sales or services
of each establishment in each of the categories. The license fees
may be different for each category. In establishing the basis and
amounts for the license fees the department shall consider, among
other things, the number of establishments in each of the
categories of activity, the various annual gross dollar volumes
of business of the establishments, the differences in activities
carried on at the establishments, and the cost of administration
and enforcement of this chapter.
(5) The license fees established by the department, shall be
for the following activities:
{ + (a) + } Producer;
{ + (b) + } Producer-distributor;
{ + (c) + } Distributor;
{ + (d) + } Nonprocessing distributor; and
{ + (e) + } Milk sampler and grader.
(6) The department may refuse to issue or renew, or may suspend
or revoke a license for any violation of ORS 621.055 to 621.120
or rule thereunder.
{ + NOTE: + } Conforms structure of (5) to legislative form
and style.
SECTION 189. ORS 622.250 is amended to read:
622.250. { + (1) + } Applicants for new oyster plats, in
addition to submitting an application in compliance with ORS
622.230 (1), shall { - : - }
{ - (1) - } cause notice of the application to be published
once a week for two consecutive weeks in a newspaper of general
circulation in each county where any area applied for, or any
part thereof, is located. The notice must state the name of the
applicant { - , - } { + and + } the type of operation the
applicant proposes to conduct { - , - } and must describe the
area to be planted with oysters.
(2) Not later than the 30th day after publication of the notice
referred to in subsection (1) of this section, and upon finding
that the notice complied with the requirements of { - that - }
subsection { + (1) of this section + }, the department may grant
to the applicant the area applied for if the area is known to be
available and if the department has classified the area as
suitable for oyster cultivation.
Enrolled House Bill 2509 (HB 2509-B) Page 165
(3) If the application referred to in this section is denied,
the department shall provide the applicant with a written
statement explaining the reason for the denial.
{ + NOTE: + } Corrects grammar; conforms section to
legislative form and style.
SECTION 190. ORS 624.165 is amended to read:
624.165. (1) Subject to ORS 624.070, game meat { - which - }
{ + that + } has been donated to a charitable organization and
has been inspected and processed as provided in ORS 619.095 may
be served for human consumption by that charitable organization.
(2) As used in subsection (1) of this section:
(a) 'Charitable organization' means the Adult and Family
Services Division, Children's Services Division, { + Oregon
Youth Authority, + } Department of Corrections institutions,
low-income nutritional centers, public school nutritional
centers, senior nutritional centers, state hospitals and other
charitable organizations or public institutions approved by the
State Department of Fish and Wildlife.
(b) 'Game meat' includes antelope, bighorn sheep, deer, elk,
moose and mountain goat.
{ + NOTE: + } Inserts name of appropriate state agency.
SECTION 191. ORS 633.340 is amended to read:
633.340. No agricultural minerals shall be sold, offered or
exposed for sale, or delivered to a user without a plainly
printed label on or attached to each package containing such
agricultural minerals, or if sold or delivered in bulk, an
invoice as prescribed in ORS 633.345, shall be delivered to the
user. The invoice or label shall contain the following plainly
printed information:
(1) The brand under which the material is sold.
(2) The number of pounds or liquid measure in each package or
bulk lot.
(3) The name and principal address of the manufacturer or other
person responsible for placing the material on the market in this
state.
(4) The grade, which shall state:
(a) In case of sulphur, brimstone and every agricultural
mineral the principal ingredient of which is sulphur, the
percentage of sulphur therein.
(b) In case of gypsum, land plaster, plaster and every
agricultural mineral the principal constituent of which is
calcium sulphate, the percentage of calcium sulphate { +
(CaSO42H2O) + } therein
{ - (CaSO4. { - 2H - } 2 { - O) - } - } .
(c) In case of phosphate rock and every other agricultural
mineral the principal constituent of which is calcium phosphate,
the percentage of both the available and the total phosphoric
acid in terms of phosphorus pentoxide.
(d) In case of any agricultural mineral not specifically
mentioned in this section, the percentage of all constituents
claimed to be therein in terms of equivalents prescribed by the
department.
(e) In case of any mixture of two or more agricultural
minerals, the percentage of each principal constituent as
prescribed in this section.
{ + NOTE: + } Corrects chemical formula.
SECTION 192. ORS 633.460 is amended to read:
633.460. (1) Each person who as set forth in subsection (3) of
this section is a first purchaser of fertilizers, agricultural
minerals, agricultural amendments or lime in this state shall pay
Enrolled House Bill 2509 (HB 2509-B) Page 166
to the department an inspection fee established by the department
by rule of:
(a) Not to exceed 45 cents for each ton of fertilizer,
agricultural minerals, or agricultural amendments purchased by
such person during each calendar year, 25 cents of which shall be
continuously appropriated to the State Department of Agriculture
for the purpose of funding grants for research and development
related to the interaction of pesticides or fertilizers and
ground water.
(b) Not to exceed five cents for each ton of gypsum, land
plaster and every agricultural mineral the principal constituent
of which is calcium sulphate { - (CaSO4. { - 2H - } 2 { -
O) - } - } { + (CaSO42H2O) + }, purchased by such person during
each calendar year.
(c) Not to exceed five cents for each ton of lime purchased by
such first purchaser during each calendar year.
(2) In computing the tonnage on which the inspection fee must
be paid as required in subsection (1) of this section, sales or
purchases of fertilizers, agricultural minerals, agricultural
amendments and lime in individual packages weighing five pounds
net or less, and sales of fertilizers, agricultural minerals,
agricultural amendments and lime for shipment to points outside
this state, may be excluded.
(3) 'First purchaser' or 'purchased' for the purpose of this
section, except as otherwise prescribed by the department, means
the first person in Oregon who buys or purchases, or who takes
title to, or who handles, receives or obtains possession of,
fertilizer, agricultural minerals, agricultural amendments or
lime. The department after public hearing and as authorized under
ORS 183.310 to 183.550, may further define and may prescribe '
first purchaser' for practical and reasonable rules necessary to
effectuate the provisions of this section.
(4) The provisions of ORS 561.450 also apply to any person who
refuses to pay inspection fees due the department.
{ + NOTE: + } Corrects chemical formula.
SECTION 193. ORS 634.126 is amended to read:
634.126. (1) In accordance with regulations promulgated by the
department, as provided in ORS 634.306 (1), the department shall
issue or renew its pesticide trainee's certificate if the
applicant or certificate holder:
(a) Is at least 18 years of age;
(b) Is employed by a licensed pesticide operator;
(c) Is working under the direct supervision and control of a
licensed applicator; { + and + }
(d) Is in compliance with the applicable provisions of this
chapter and regulations promulgated thereunder.
(2) The fees for a pesticide trainee's certificate, or renewal
thereof, shall be the same as the license fee for a pesticide
applicator.
{ + NOTE: + } Inserts appropriate conjunction.
SECTION 194. ORS 634.226 is amended to read:
634.226. (1) A protected area, established pursuant to the
provisions of this chapter, shall be governed and administered by
an area committee consisting of five members. The term of office
of each member, except as provided in paragraphs (b) and (c) of
this subsection, shall be three years. Such area committee shall
be established in accordance with the following:
(a) Within 30 days after the establishment of a protected area,
as provided in ORS 634.216, the department shall give notice that
petitions to nominate candidates for three positions on such
committee shall be accepted by the department. Such notice shall
Enrolled House Bill 2509 (HB 2509-B) Page 167
be given by publication at least once in a newspaper of general
circulation in the protected area and by delivery of a copy of
the notice to the county clerk of the county in which the
protected area is situated, who thereafter shall post the same in
a conspicuous public place. Such notice shall contain:
(A) The address of the department;
(B) The time within which the petition to nominate is to be
filed;
(C) The fact that 25 or more electors, or two-thirds of the
electors then registered, if there are less than 25, residing
within the protected area must subscribe such petition;
(D) The fact that such electors may subscribe the nominating
petition of more than one candidate for a position on said
committee; and
(E) The fact that a candidate must reside within the protected
area.
(b) Upon receipt of any nominating petitions described in
subsection (1)(a) of this section, the department shall prepare
ballots containing the names of the candidates, in alphabetical
order of surnames, and a space for at least one write-in
candidate. If no nominating petitions are received by the
department, this fact shall be stated upon the ballot and at
least three spaces provided thereon for write-in candidates. Such
ballots shall also state the time within which the ballots are to
be returned to the department and the address of the department.
All electors within the boundaries of the territory as determined
by the department are eligible to vote in the referendum. The
department shall determine the results of such election and shall
file with the Secretary of State a declaration of the results of
such election, which declaration shall be maintained as a public
record in the office of the Secretary of State. The three
candidates receiving the largest number of the votes cast in such
election shall be the three elected members of the area
commission, whose terms of office, to be determined by lot, shall
be one, two and three years respectively.
(c) Upon determining the results of the election provided in
paragraph (b) of this subsection, the department shall appoint
two members to the area committee, which appointments shall be
subject to the approval of the majority of the three elected
members of said committee. Such appointed members shall be
residents of the protected area and have knowledge of pesticides,
pesticide application and existing conditions, affecting
pesticide application. The terms of office, to be determined by
lot, shall be one and two years respectively, and the department
shall thereafter appoint the successors in office of such
members, as well as those of elected members whose office is
vacated prior to the expiration of a term.
(2)(a) Upon the establishment of the area committee, the
members thereof shall designate a chairman, secretary and
treasurer, which designations may, from time to time, be changed.
A majority of the area committee shall constitute a quorum and an
act by a majority of such quorum shall constitute an official act
of the area committee.
(b) The area committee shall:
(A) Provide for surety bonds for all persons entrusted with
funds or property of the protected area;
(B) Prepare and maintain accurate and complete records of all
activities, meetings, orders and regulations of the protected
area;
Enrolled House Bill 2509 (HB 2509-B) Page 168
(C) Employ, as deemed necessary, persons to assist the area
committee in its administration and enforcement activities,
including issuance of permits to applicators;
(D) Not engage in the business of buying or selling pesticides;
(E) Promulgate, in consultation with the department,
regulations as provided in subsection (4) of this section;
(F) Carry out the procedures for the establishment of a
restricted area as provided in ORS 634.232;
(G) Prepare and make public at annual meetings to be called by
the area committee chairman, annual reports and audits { + ;
and + } { - . - }
(H) Be authorized to receive funds from any source and use the
same to carry out and enforce ORS 634.212 to 634.242.
(3) Each year after the establishment of a protected area and
at least 15 days prior to the annual meeting called pursuant to
subsection (2)(b)(G) of this section, the area committee shall
notify the department of the annual meeting time. Upon receipt of
such notice, the department shall initiate and carry out the
procedures for election of members to vacancies on the area
committee and shall follow the procedures for elections provided
in subsection (1) of this section. The candidates shall be
elected and take office as provided in subsection (1) of this
section.
(4)(a) In accordance with the provisions of ORS 183.310 to
183.550, the area committee shall promulgate regulations
governing or prohibiting the application of pesticides within the
protected area, by aircraft or otherwise, which relate to the
time, place, method of pesticide application and other matters
necessary to prevent damage or injury to susceptible crops,
insects, wildlife or forests.
(b) In promulgating such regulation, the area committee shall
consider, among other things, the:
(A) Topography and climate, including temperature, humidity and
prevailing winds;
(B) Characteristics and properties of pesticides used or
applied; and
(C) Location of susceptible crops, insects, wildlife or
forests.
(c) Any interested person may petition to enlarge or restrict
the regulation of pesticide application by filing a petition to
amend the regulations of the protected area with the area
committee which, in consultation with the department and in
accordance with the provisions of ORS 183.310 to 183.550, shall
allow or deny such petition and amend the regulations of the
protected area accordingly.
{ + NOTE: + } Inserts appropriate punctuation and conjunction
after (2)(b)(G).
SECTION 195. ORS 645.020 is amended to read:
645.020. The prohibitions in ORS 645.010 shall not apply to the
following:
(1) An account, agreement or transaction within the exclusive
jurisdiction of the federal Commodity Futures Trading Commission;
(2) A commodity contract for silver, gold, platinum, palladium,
copper or other precious metal as defined by rule of the director
whether in coin, bullion or other form if within seven days from
the payment of any portion of the purchase price:
(a) The precious metals purchased are delivered to and held on
the purchaser's behalf at a depository not affiliated with the
seller which is:
(A) A financial institution;
Enrolled House Bill 2509 (HB 2509-B) Page 169
(B) A depository the warehouse receipts of which are recognized
for delivery purposes for any commodity on a contract market
designated by the federal Commodity Futures Trading Commission;
(C) A storage facility licensed or regulated by the United
States or any agency thereof; or
(D) A depository designated by rule of the director; and
(b) Unless otherwise provided by rule of the director, the
depository issues and the purchaser receives an instrument
evidencing that such quantity of precious metals has been
delivered to the depository on the purchaser's behalf; and
(3) A commodity contract under which the offeree or the
purchaser is a person referred to in ORS 645.015, an insurance
company or an investment company as defined in the federal
Investment Company Act of 1940 { + , as amended + }.
{ + NOTE: + } Clarifies reference to federal law.
SECTION 196. ORS 646.551 is amended to read:
646.551. As used in ORS 646.551 to 646.557, unless the context
requires otherwise:
(1) 'Telephonic seller' means a person who, on the person's own
behalf, or on behalf of another person, causes or attempts to
cause a telephone solicitation to be made under the following
circumstances:
(a) The person initiates telephonic contact with a prospective
purchaser and represents or implies any of the following:
(A) That a prospective purchaser who buys one or more goods or
services unit will receive additional units, whether or not of
the same type as purchased, without further cost. As used in this
subparagraph, 'further cost' does not include actual postage or
common carrier delivery charges, if any;
(B) That a prospective purchaser will receive a prize or gift
if the person also encourages the prospective purchaser to do
either of the following:
(i) Purchase or rent any goods or services; or
(ii) Pay any money, including, but not limited to a delivery or
handling charge;
(C) That a prospective purchaser who buys goods or services,
because of some unusual event or imminent price increase, will be
able to buy these items at prices which are below those usually
charged or will be charged for those items;
(D) That the seller is a person other than the actual seller;
(E) That the items for sale or rent are manufactured or
supplied by a person other than the actual manufacturer or
supplier; { + or + }
(F) That the items for sale are gold, silver or other precious
metals, diamonds, rubies, sapphires or other precious stones or
any interest in oil, gas or mineral fields, wells or exploration
sites; or
(b) The telephone solicitation is made by the person in
response to inquiries from prospective purchasers generated by
advertisement, on behalf of the person and the solicitation is
conducted as described in paragraph (a) of this subsection.
(2) 'Telephonic seller' does not include any of the following:
(a) A person selling a security as defined in ORS 59.015, or
securities which are exempt under ORS 59.025.
(b) A person licensed pursuant to ORS chapter 696 when the
transaction is governed by that chapter.
(c) A person issued a certificate of registration pursuant to
ORS 701.055 when the solicited transaction is governed by ORS
chapter 701.
(d) A person licensed pursuant to ORS chapter 744 when the
solicited transaction is governed by the Insurance Code.
Enrolled House Bill 2509 (HB 2509-B) Page 170
(e) A person soliciting the sale of a franchise when the
solicited transaction is governed by ORS 650.005 to 650.085.
(f) A person primarily soliciting the sale of a subscription to
or advertising in a newspaper of general circulation.
(g) A person primarily soliciting the sale of a magazine or
periodical, or contractual plans, including book or record clubs:
(A) Under which the seller provides the consumer with a form
which the consumer may use to instruct the seller not to ship the
offered merchandise, and which is regulated by the Federal Trade
Commission trade regulation concerning 'Use of Negative Option
Plans by Sellers in Commerce'; or
(B) Arrangements such as continuity plans, subscription
arrangements, standing order arrangements, supplements and series
arrangements under which the seller periodically ships
merchandise to a consumer who has consented in advance to receive
such merchandise on a periodic basis.
(h) A person soliciting business from prospective purchasers
who have previously purchased from the business enterprise for
which the person is calling.
(i) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sale presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser, unless at that later meeting the solicitor
collects or attempts to collect payment for delivery of items
purchased.
(j) Any supervised financial institution or parent, subsidiary,
or affiliate thereof. As used in this paragraph, ' supervised
financial institution' means any commercial bank, savings bank,
mutual savings bank, trust company, savings and loan association,
credit union, industrial loan company, personal property broker,
consumer finance lender, commercial finance lender or insurer
that is subject to regulation by an official or agency of this
state or the United States.
(k) A person soliciting the sale of funeral or burial services
regulated by ORS 59.670 and 59.680 or by ORS chapter 692.
(L) A person soliciting the sale of services provided by a
cable television system operating under authority of a franchise
or permit issued by a governmental agency of this state, or
subdivision thereof.
(m) A person or affiliate of a person whose business is
regulated by the Public Utility Commission, or a
telecommunications utility with access lines of 15,000 or less or
a cooperative telephone association.
(n) A person soliciting the sale of a farm product, as defined
in ORS 79.1090 (3), if the solicitation does not result in a sale
which costs the purchaser in excess of $100.
(o) An issuer or a subsidiary of an issuer that has a class of
securities { - which - } { + that + } is subject to section
12 of the Securities Exchange Act of 1934 { - (15
U.S.C.s781) - } and { - which - } { + that + } is either
registered or exempt from registration under paragraph (A), (B),
(C), (E), (F), (G) or (H) of subsection (g) of that section.
(p) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer.
(q) A person registered under the Charitable Solicitations Act.
{ + NOTE: + } Inserts appropriate conjunction after
(1)(a)(E); clarifies reference to federal law and corrects
grammar in (2)(o).
SECTION 197. ORS 646.605 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 171
646.605. As used in ORS 646.605 to 646.652:
(1) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and includes any trade or commerce
directly or indirectly affecting the people of this state.
(2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
(3) 'Examination' of documentary material shall include
inspection, study, or copying of any such material, and taking
testimony under oath or acknowledgment in respect of any such
documentary material or copy thereof.
(4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations, and
any other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
(5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
(6) 'Appropriate court' means the district or circuit court of
a county:
(a) Where one or more of the defendants reside;
(b) Where one or more of the defendants maintain a principal
place of business;
(c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
(d) With the defendant's consent, where the prosecuting
attorney maintains an office.
(7) 'Real estate, goods or services' means those which are or
may be obtained primarily for personal, family or household
purposes, or which are or may be obtained for any purposes as a
result of a telephone solicitation, and includes franchises,
distributorships and other similar business opportunities, but
does not include insurance. Real estate does not cover conduct
covered by ORS chapter 90.
(8) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
(a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 59.850 when the solicitation is for a security
qualified for sale pursuant to ORS 59.055;
(b) A person who is licensed or is otherwise authorized to
engage in professional real estate activity pursuant to ORS
chapter 696, when the solicitation involves professional real
estate activity;
(c) A person registered or exempt from registration, as a
builder pursuant to ORS chapter 701, when the solicitation
involves the construction, alteration, repair, improvement or
demolition of a structure;
(d) A person licensed or otherwise authorized to sell insurance
as an agent pursuant to ORS chapter 744, when the solicitation
involves insurance;
(e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club;
Enrolled House Bill 2509 (HB 2509-B) Page 172
(f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser;
(g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any commercial bank, trust company,
savings and loan association, credit union, industrial loan
company, personal property broker, consumer finance lender,
commercial finance lender or insurer, provided that the
institution is subject to supervision by an official or agency of
this state or of the United States;
(h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans;
(i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services;
(j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon;
(k) A person who sells farm products as defined by ORS chapter
576 if the solicitation neither intends to nor actually results
in a sale that costs the purchaser in excess of $100;
(L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 { - (15 U.S.C.s781) - } and that is
either registered or exempt from registration under paragraph
(A), (B), (C), (E), (F), (G) or (H) or subsection (g) of that
section;
(m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services; or
(n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
(9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
(a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
(b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit; or
(c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due.
(10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
{ + NOTE: + } Clarifies reference to federal law in (8)(L).
SECTION 198. ORS 654.090 is amended to read:
654.090. In order to carry out the purposes of ORS 654.001 to
654.295 and 654.750 to 654.780 and encourage voluntary compliance
with occupational safety and health laws, regulations and
standards and to promote more effective workplace health and
safety programs, the director shall:
Enrolled House Bill 2509 (HB 2509-B) Page 173
(1) Develop greater knowledge and interest in the causes and
prevention of industrial accidents, occupational diseases and
related subjects through { + : + }
(a) Research, conferences, lectures and the use of public
communications media { + ; + } { - , - }
(b) The collection and dissemination of accident
statistics { + ; + } and
(c) The publication and distribution of training and accident
prevention materials, including audio and visual aids.
(2) Appoint advisers who shall, without compensation, assist
the director in establishing standards of safety and health. The
director may adopt and incorporate in its regulations, rules and
standards such safety and health recommendations as it may
receive from such advisers.
(3) Provide consultative services for employers on safety and
health matters and prescribe procedures which will permit any
employer to request a special inspection or investigation,
focused on specific problems or hazards in the place of
employment of the employer or to request assistance in developing
a plan to correct such problems or hazards, which will not
directly result in a citation and civil penalty.
(4) Place emphasis, in the research, education and consultation
program, on development of a model for providing services to
groups of small employers in particular industries and their
employees.
(5) Separately administer the voluntary compliance and
research, education and consultation activities described in this
section and the enforcement activities described in ORS 654.025
to 654.086.
{ + NOTE: + } Conforms structure of (1) to legislative form
and style.
SECTION 199. ORS 654.305 is amended to read:
654.305. Generally, all owners, contractors or subcontractors
and other persons having charge of, or { - responsible - }
{ + responsibility + } for, any work involving a risk or danger
to the employees or the public { - , - } shall use every
device, care and precaution { - which it - } { + that + } is
practicable to use for the protection and safety of life and
limb, limited only by the necessity for preserving the efficiency
of the structure, machine or other apparatus or device, and
without regard to the additional cost of suitable material or
safety appliance and devices.
{ + NOTE: + } Corrects word choice and grammar.
SECTION 200. ORS 656.254 is amended to read:
656.254. (1) The Director of the Department of Consumer and
Business Services shall establish medical report forms, in
duplicate snap-outs where applicable, to be used by insurers,
self-insured employers and physicians, including in such forms
information necessary to establish facts required in the
determination of the claim.
(2) The director shall establish sanctions for the enforcement
of medical reporting requirements. Such sanctions may include,
but are not limited to, forfeiture of fees and penalty not to
exceed $1,000 for each occurrence.
(3) In accordance with the provisions of ORS 183.310 to
183.550, if the director finds that a health care practitioner
has:
(a) Been found, pursuant to ORS 656.327, to have failed to
comply with rules adopted pursuant to this chapter regarding the
performance of medical services for injured workers or to have
provided medical treatment that is excessive, inappropriate or
Enrolled House Bill 2509 (HB 2509-B) Page 174
ineffectual, the director may impose a sanction that includes
forfeiture of fees and a penalty not to exceed $1,000 for each
occurrence. If the failure to comply or perform is repeated and
willful, the director may declare the health care practitioner
ineligible for reimbursement for treating workers' compensation
claimants for a period not to exceed three years.
(b) Had the health care practitioner's license revoked or
suspended by the practitioner's professional licensing board for
a violation of that profession's ethical standards, the director
may declare the health care practitioner ineligible for
reimbursement for treating workers' compensation claimants for a
period not to exceed three years or the period the practitioner's
license is suspended or revoked, whichever period is the longer.
(c) { - Has - } Engaged in any course of conduct
demonstrated to be dangerous to the health or safety of a
workers' compensation claimant, the director may impose a
sanction that includes forfeiture of fees and a penalty not to
exceed $1,000 for each occurrence. If the conduct is repeated and
willful, the director may declare the health care practitioner
ineligible for reimbursement for treating workers' compensation
claimants for a period not to exceed three years.
(4) Any declaration that a health care practitioner is
ineligible to receive reimbursement under this chapter shall not
otherwise interfere with or impair treatment of any person by the
health care practitioner.
(5) ORS 656.735 (5) to (7) and 656.740 also apply to orders and
penalties assessed under this section.
{ + NOTE: + } Deletes redundant language.
SECTION 201. ORS 657.176 is amended to read:
657.176. (1) An authorized representative designated by the
Director of the Employment Department shall promptly examine each
claim to determine whether an individual is subject to
disqualification as a result of a separation, termination,
leaving, resignation, or disciplinary suspension from work or as
a result of failure to apply for or accept work and shall
promptly enter a director's decision if required by ORS 657.267.
(2) An individual shall be disqualified from the receipt of
benefits until the individual has performed service in employment
subject to this chapter, or for an employing unit in this or any
other state or Canada or as an employee of the Federal
Government, for which remuneration is received which equals or
exceeds four times the individual's weekly benefit amount
subsequent to the week in which the act causing the
disqualification occurred, if the authorized representative
designated by the director finds that the individual:
(a) Has been discharged for misconduct connected with
work { + ; + } { - , or - }
(b) Has been suspended from work for misconduct connected with
work { + ; + } { - , or - }
(c) Voluntarily left work without good cause { + ; + } { - ,
or - }
(d) Failed without good cause to apply for available suitable
work when referred by the employment office or the
director { + ; + } { - , - } or
(e) Failed without good cause to accept suitable work when
offered.
(3) If the authorized representative designated by the director
finds an individual was discharged for misconduct because of the
individual's commission of a felony or theft in connection with
the individual's work, all benefit rights based on wages earned
prior to the date of the discharge shall be canceled if the
Enrolled House Bill 2509 (HB 2509-B) Page 175
individual's employer notifies the director of the discharge
within 10 days following issuance of the notice provided for in
ORS { + 657.265 or + } 657.266, and:
(a) The individual has admitted commission of the felony or
theft to an authorized representative of the director { + ; + }
{ - , or - }
(b) The individual has signed a written admission of such act
and such written admission has been presented to an authorized
representative of the director { + ; + } { - , - } or
(c) Such act has resulted in a conviction by a court of
competent jurisdiction.
(4) An individual disqualified under subsection (2) of this
section shall have the individual's maximum benefit amount
reduced by eight times the individual's weekly benefit amount.
However, in no event shall the individual's maximum benefit
amount be reduced to less than the individual's weekly benefit
amount unless the individual has previously received benefits
during the individual's benefit year.
(5) An individual shall not be disqualified from receiving
benefits under subsection (2)(c) or (e) of this section or under
ORS 657.200 if the individual ceases work or fails to accept work
when a collective bargaining agreement between the individual's
bargaining unit and the individual's employer is in effect and
the employer unilaterally modifies the amount of wages payable
under the agreement, in breach of the agreement.
(6) For purposes of applying subsection (2) of this section,
when an individual has notified an employer that the individual
will leave work on a specific date and it is determined:
(a) That such separation would be for reasons which constitute
good cause;
(b) The individual voluntarily left work without good cause
prior to the date of the impending good cause voluntary leaving
date; and
(c) The actual voluntary leaving of work occurs no more than 15
days prior to the planned date of voluntary leaving,
then such separation from work shall be adjudicated as if the
actual voluntary leaving had not occurred and the planned
voluntary leaving had occurred. However, the individual shall be
ineligible for benefits for the period including the week in
which the actual voluntary leaving occurred through the week
prior to the week of the planned good cause voluntary leaving
date.
(7) For purposes of applying subsection (2) of this section
when an employer has notified an individual that the individual
will be discharged on a specific date and it is determined:
(a) That such discharge would not be for reasons which
constitute misconduct connected with the work;
(b) The individual voluntarily left work without good cause
prior to the date of the impending discharge; and
(c) The voluntary leaving of work occurs no more than 15 days
prior to the date of the impending discharge,
then such separation from work shall be adjudicated as if the
voluntary leaving had not occurred and the discharge had
occurred. However, the individual shall be ineligible for
benefits for the period including the week in which the voluntary
leaving occurred through the week prior to the week in which the
individual would have been discharged.
Enrolled House Bill 2509 (HB 2509-B) Page 176
(8) For purposes of applying subsection (2) of this section,
when an individual has notified an employer that the individual
will leave work on a specific date and it is determined:
(a) That such voluntary leaving would be for reasons which do
not constitute good cause;
(b) The employer discharged the individual, but not for
misconduct connected with work, prior to the date of the planned
voluntary leaving; and
(c) The actual discharge occurs no more than 15 days prior to
the planned voluntary leaving,
then such separation from work shall be adjudicated as if the
discharge had not occurred and the planned voluntary leaving had
occurred. However, the individual shall be eligible for benefits
for the period including the week in which the actual discharge
occurred through the week prior to the week of the planned
voluntary leaving date.
(9)(a) For the purposes of subsection (2) of this section, an
individual is considered to have committed a disqualifying act
when the individual fails to comply with the terms and conditions
of a reasonable policy established by the employer, which may
include blanket, random, periodic and probable cause testing,
that governs the use, sale, possession or effects of controlled
substances or alcohol in the workplace.
(b) The department shall adopt rules to carry out the
provisions of this subsection.
(c) As used in this subsection, 'controlled substance' has the
meaning for that term provided in ORS 475.005.
{ + NOTE: + } Inserts appropriate reference in (3); corrects
punctuation in (2) and (3).
SECTION 202. ORS 657.665 is amended to read:
657.665. (1) Information secured from employing units,
employees or other individuals pursuant to this chapter:
(a) Shall be confidential and for the exclusive use and
information of the Director of the Employment Department in the
discharge of duties and shall not be open to the public (other
than to public employees in the performance of their public
duties under state or federal laws for the payment of
unemployment insurance benefits and to public employees in the
performance of their public duties under the recognized
compensation and retirement, relief or welfare laws of this
state), except to the extent necessary for the presentation of a
claim and except as required by the regulations of the United
States Secretary of Health and Human Services pursuant to section
3304(a) of the Federal Unemployment Tax Act, as amended, and
except as required by section 303 of the Social Security Act, as
amended.
(b) Shall not be used in any court in any action or proceeding
pending therein unless the director or the state is a party to
such action or proceedings or the proceedings concern the
establishment, enforcement or modification of a support
obligation and support services are being provided by the Support
Enforcement Division or the district attorney pursuant to ORS
25.080.
(2) However, any claimant or legal representative, at a hearing
before a referee or the director, shall be supplied with
information from such records to the extent necessary for the
proper presentation of a claim.
(3) Notwithstanding subsection (1) of this section, information
secured from employing units pursuant to this chapter may be
released to agencies of this state, and political subdivisions
Enrolled House Bill 2509 (HB 2509-B) Page 177
acting alone or in concert in city, county, metropolitan,
regional or state planning to the extent necessary to properly
carry out governmental planning functions performed under
applicable law. Information provided such agencies shall be
confidential and shall not be released by such agencies in any
manner that would be identifiable as to individuals, claimants,
employees or employing units. Costs of furnishing information
pursuant to this subsection not prepared for the use of the
Employment Department shall be borne by the parties requesting
the information.
(4) Nothing in this section shall prevent the Employment
Department from providing names and addresses of employing units
to the Oregon Bureau of Labor and Industries for the purpose of
disseminating information to employing units. The names and
addresses provided shall be confidential and shall not be used
for any other purposes. Costs of furnishing information pursuant
to this subsection not prepared for the use of the Employment
Department shall be borne by the Bureau of Labor and Industries.
(5) Nothing in this section shall prevent the Employment
Department from providing to the Commissioner of the Bureau of
Labor and Industries, for the purpose of performing duties under
ORS 279.348 to 279.380, the names, addresses and industrial codes
of employer units, the number of employees each unit employs
during a given time period and the firm number assigned to
employer units by the Employment Department. Information so
provided shall be confidential and shall not be released by the
Commissioner of the Bureau of Labor and Industries in any manner
that would identify such employing units except to the extent
necessary to carry out the purposes of this subsection and as
provided in subsection (1)(b) of this section. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Bureau of Labor and Industries.
(6) Nothing in this section shall prevent the Employment
Department from providing information required under ORS 657.660
(3) and (4) to the Public Employes' Retirement System for the
purpose of determining the eligibility of members of the
retirement system for disability retirement allowances under ORS
{ - 238.320 to 238.340 - } { + chapter 238 + }. The
information provided shall be confidential and shall not be used
for any other purposes. Costs of furnishing information pursuant
to this subsection shall be borne by the Public Employes'
Retirement System.
(7) Any officer or employee of the Director of the Employment
Department, who, except with authority of the director or
pursuant to regulations, or as otherwise required by law, shall
disclose confidential information under this section, thereafter
may be disqualified from holding any appointment or employment by
the director.
(8) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Revenue for the purpose of performing its duties under ORS
293.250, or the revenue and tax laws of this state. Information
provided may include names and addresses of employers and
employees and payroll data of employers and employees.
Information so provided shall be confidential and shall not be
released by the Director of the Department of Revenue in any
manner that would identify such employing unit or employee except
to the extent necessary to carry out its duties under ORS 293.250
or in auditing or reviewing any report or return required or
permitted to be filed under the revenue and tax laws administered
Enrolled House Bill 2509 (HB 2509-B) Page 178
by the department. However, the Director of the Department of
Revenue shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Revenue.
(9) Nothing in this section shall prevent the Employment
Department from providing information to the Department of
Consumer and Business Services for the purpose of performing its
duties under ORS chapter 656. Information provided may include
names and addresses of employers and employees and payroll data
of employers and employees. Information so provided shall be
confidential and shall not be released by the Director of the
Department of Consumer and Business Services in any manner that
would identify such employing unit or employee except to the
extent necessary to carry out its duties under ORS chapter 656.
However, the Director of the Department of Consumer and Business
Services shall not disclose any information received to any
private collection agency or for any other purpose. Costs of
furnishing information pursuant to this subsection not prepared
for the use of the Employment Department shall be borne by the
Department of Consumer and Business Services.
(10) Nothing in this section shall prevent the Employment
Department from providing information to the Construction
Contractors Board for the purpose of performing its duties under
ORS chapter 701. Information provided to the board may include
names and addresses of employers and status of their compliance
with this chapter.
(11) Nothing in this section shall prevent the Employment
Department from providing information to the State Fire Marshal
to assist the State Fire Marshal in carrying out duties,
functions and powers under ORS 453.307 to 453.414. Information so
provided shall be the employer or agent name, address, telephone
number and standard industrial classification. Information so
provided shall be confidential and shall not be released by the
State Fire Marshal in any manner that would identify such
employing units except to the extent necessary to carry out
duties under ORS 453.307 to 453.414. Costs of furnishing
information pursuant to this subsection not prepared for the use
of the Employment Department shall be borne by the office of the
State Fire Marshal.
(12) Any person or officer or employee of an entity to whom
information is disclosed or given by the Employment Department
pursuant to this section, who divulges or uses such information
for any purpose other than that specified in the provision of law
or agreement authorizing the use or disclosure, may be
disqualified from holding any appointment or employment, or
performing any service under contract, with the state agency
employing that person or officer.
{ + NOTE: + } Inserts appropriate chapter reference in (6).
SECTION 203. ORS 671.045 is amended to read:
671.045. ORS 671.041 to 671.047 do not affect the law
applicable to the professional relationship and liabilities
between a person rendering professional service and a person
receiving the service, and { - it does - } { + ORS 671.041 to
671.047 do + } not affect the standards of professional conduct
of a profession. A shareholder, director, officer, employee or
agent of a professional corporation may be held personally liable
for negligent or wrongful acts or misconduct committed by that
person, or by a person under the direct supervision and control
of that person, while rendering professional service on behalf of
Enrolled House Bill 2509 (HB 2509-B) Page 179
the corporation to a person receiving the service the same as
though the service was being rendered by an individual. A
shareholder, director or officer may also be held liable for
negligent or wrongful acts or misconduct in participation with
such acts or misconduct of another shareholder, director or
officer of the corporation. The corporation is jointly and
severally liable up to the full value of its assets for such acts
or misconduct. However, the shareholders, directors, officers,
employees and agents of the corporation are not personally liable
for the debts or other contractual obligations of the
corporation.
{ + NOTE: + } Clarifies series reference; corrects grammar.
SECTION 204. ORS 675.063 is amended to read:
675.063. Upon application therefor and payment of the required
fee, the board may issue a limited permit to practice as a
psychologist to an applicant holding a certificate or license to
practice psychology issued by another state and whose
requirements are, in the judgment of the board, essentially
equivalent to those required by ORS 675.010 to 675.150. The
limited permit shall be valid for a period of not more than 180
calendar days in any { - 24 months' - } { + 24-month + }
period.
{ + NOTE: + } Corrects syntax.
SECTION 205. ORS 675.090 is amended to read:
675.090. (1) ORS 675.010 to 675.150 does not apply to:
(a) A person who teaches psychology, conducts psychological
research or provides consulting services to an organization or
institution provided that the teaching, research or consulting
services do not involve the delivery or supervision of direct
psychological services to individuals who are themselves, rather
than a third party, the beneficiaries of the services, regardless
of the source or extent of payment for the services rendered.
Nothing in ORS 675.010 to 675.150 shall prevent the provision of
expert testimony by psychologists who are otherwise exempted by
this subsection. A person performing the functions authorized by
this paragraph may use the title 'psychologist' only if the
person holds a doctoral degree in psychology from an approved
doctoral program in psychology.
(b) { - (A) - } A person who is either:
{ - (i) - } { + (A) + } A matriculated graduate student
pursuing a graduate degree in professional psychology at an
approved doctoral program in psychology;
{ - (ii) - } { + (B) + } A student pursuing postdoctoral
training or experience in professional psychology, including a
person seeking to fulfill the licensure requirements established
in ORS 675.010 to 675.150; or
{ - (iii) - } { + (C) + } A person pursuing certification
or licensure or a graduate degree in any of the certified or
licensed professions otherwise exempted from ORS 675.010 to
675.150.
{ - (B) A person described in subparagraph (A) of this
paragraph may use the title 'psychological trainee,'
'psychological intern,' 'psychologist resident' or 'psychologist
associate resident' if the person is pursuing the education or
training described in subparagraph (A) of this paragraph under
the supervision and responsibility of a licensed psychologist in
accordance with the rules adopted by the State Board of
Psychologist Examiners. - }
(c) A person who is licensed or certified by the State of
Oregon to provide mental health services, provided that the
services are rendered within the person's lawful scope of
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practice and that the person does not use the title
'psychologist' in connection with the activities authorized in
this paragraph.
(d) A person who is licensed, certified or otherwise authorized
by the State of Oregon to render professional services, provided
that the services are rendered within the person's lawful scope
of practice and that the person does not use the title '
psychologist' in connection with the activities authorized under
this paragraph.
(e) A person who is employed by a local, state or federal
government agency, or employed by a community mental health
program or drug and alcohol treatment program licensed or
certified by the State of Oregon to the extent that the person's
activities and services are rendered within the person's scope of
employment and are performed within the confines of the employing
agency and provided that the person does not use the title '
psychologist' in connection with the activities authorized under
this paragraph.
(f) A person who is a recognized member of the clergy, provided
that the person is acting in the person's ministerial capacity
and does not use the title 'psychologist. '
(g) A person who has credentials as a school psychologist if
the person is an employee of an educational institution and
restricts the person's practice to activities within a school
setting. A person acting under this paragraph may use the title '
school psychologist. '
{ + (2) A person described in subsection (1)(b) of this
section may use the title 'psychological trainee,' 'psychological
intern,' 'psychologist resident' or 'psychologist associate
resident' if the person is pursuing the education or training
described in subsection (1)(b) of this section under the
supervision and responsibility of a licensed psychologist in
accordance with the rules adopted by the State Board of
Psychologist Examiners. + }
{ - (2) - } { + (3) + } Nothing in this section shall
exempt from ORS 675.010 to 675.150 a person whose license to
practice psychology is revoked or suspended because the person
engaged in sexual activity with a client.
{ + NOTE: + } Clarifies section structure.
SECTION 206. ORS 675.715 is amended to read:
675.715. In order to obtain a license as a professional
counselor or a marriage and family therapist, an applicant shall
make application on a form and in such a manner as the board
prescribes, accompanied by the nonrefundable fee established
under ORS 675.785. The Oregon Board of Licensed Professional
Counselors and Therapists shall issue a license as a professional
counselor or a marriage and family therapist to each applicant
who furnishes satisfactory evidence to the board that the
applicant meets the following qualifications:
(1) Is not in violation of any of the provisions of ORS 675.715
to 675.835 and the rules adopted by the board.
(2) Has received:
(a) A graduate degree in counseling in a program approved by
the Council for Accreditation of Counseling and Related
Educational Programs of the American Counseling Association;
(b) A graduate degree in marriage and family therapy in a
program approved by the Commission on Accreditation for Marriage
and Family Therapy Education of the American Association for
Marriage and Family Therapy;
(c) A graduate degree, under standards explicitly adopted by
the board by rule that is determined by the board to be
Enrolled House Bill 2509 (HB 2509-B) Page 181
comparable in both content and quality to a degree approved under
paragraph (a) or (b) of this subsection; or
(d) A graduate degree, determined by the board to meet at an
acceptable level at least a majority of the board's adopted
degree standards, and has completed additional graduate training
obtained in a counselor or marriage and family therapy program at
an accredited college or university to meet the remainder of the
standards.
(3) At the time of application to become a licensed
professional counselor, has a minimum of three years of full-time
supervised experience, or the equivalent, under a board-approved
supervisor in a board-approved setting. One year of the
supervised experience may be obtained prior to the granting of
the master's degree. { - This subsection shall become effective
two years after October 3, 1989. - }
(4) At the time of application to become a licensed marriage
and family therapist, has a minimum of three calendar years of
full-time clinical work experience with supervision, in
accordance with standards established by the board. At least
2,000 hours in the three-year period must be in the practice of
marriage and family therapy in the presence of a client.
(5) Demonstrates competence as a professional counselor or
marriage and family therapist by passing an examination
prescribed by the board as follows:
(a) The examination for professional counselor license shall
include, but not be limited to, counseling theory, human growth
and development, social and cultural foundations, the helping
relationship, group dynamics, life-style and career development,
appraisal of individuals, research and evaluation, professional
orientation, ethics and Oregon law.
(b) The examination for the marriage and family therapist
license shall include, but not be limited to, marriage and family
therapy theory, systems theory, appraisal of family
relationships, normal individual and family development, research
and evaluation, professional conduct, ethics and Oregon law.
{ + NOTE: + } Deletes obsolete provision.
SECTION 207. { + ORS 682.015 is added to and made a part of
ORS chapter 682. + }
{ + NOTE: + } Adds section to appropriate chapter series.
SECTION 208. ORS 682.025 is amended to read:
682.025. As used in this chapter, unless the context requires
otherwise:
(1) 'Ambulance' or 'ambulance vehicle' means any privately or
publicly owned motor vehicle, aircraft or watercraft that is
regularly provided or offered to be provided for the emergency
transportation of persons suffering from illness, injury or
disability.
(2) 'Ambulance service' means any person, governmental unit,
corporation, partnership, sole proprietorship or other entity
that operates ambulances and that holds itself out as providing
prehospital care or medical transportation to sick, injured or
disabled persons.
(3) 'Board' means the Board of Medical Examiners for the State
of Oregon.
(4) 'Division' means the Health Division of the Department of
Human Resources.
(5) 'Emergency care' means the performance of acts or
procedures under emergency conditions in the observation, care
and counsel of the ill, injured or disabled; in the
administration of care or medications as prescribed by a licensed
physician, insofar as any of these acts is based upon knowledge
Enrolled House Bill 2509 (HB 2509-B) Page 182
and application of the principles of biological, physical and
social science as required by a completed course utilizing an
approved curriculum in prehospital emergency care. However,
'emergency care' does not include acts of medical diagnosis or
prescription of therapeutic or corrective measures.
(6) 'Emergency medical technician' means a person who has
received formal training in emergency care, and is state
certified to attend any ill, injured or disabled person. Police
officers, firefighters, funeral home employees and other
personnel serving in a dual capacity one of which meets the
definition of ' emergency medical technician' are 'emergency
medical technicians' within the meaning of this chapter.
(7) 'Emergency medical technician 1' or 'EMT 1' means a person
who:
(a) Has successfully completed an EMT 1 training course, or its
equivalent as required by this chapter; and
(b) Has been examined and certified as an EMT 1 by an
authorized representative of the division to perform emergency
care procedures under written or oral authorization of a
physician as approved by the board.
(8) 'Emergency medical technician 2' or 'EMT 2' means a person
who:
(a) Has successfully completed all the requirements for
certification as an EMT 1;
(b) Has successfully completed an EMT 2 training course or its
equivalent as required by this chapter; and
(c) Has been examined and certified as an EMT 2 by an
authorized representative of the division to perform emergency
care procedures under written or oral authorization of a
physician as approved by the board.
(9) 'Emergency medical technician 3' or 'EMT 3' means a person
who:
(a) Has successfully completed an EMT 3 training course or its
equivalent approved by the division; and
(b) Has been examined and certified as an EMT 3 by an
authorized representative of the division to perform emergency
care procedures under written or oral authorization of a
physician as approved by the board.
(10) 'Emergency medical technician 4,' 'EMT 4' or ' paramedic'
means a person who:
(a) Has successfully completed an EMT 4 course or its
equivalent approved by the division; and
(b) Has been examined and certified as an EMT 4 by an
authorized representative of the division to perform emergency
care procedures under written or oral authorization of a
physician as approved by the board.
(11) 'First responder' means a person who:
(a) Has successfully completed a first responder training
course approved by the division; and
(b) Has been examined and certified as a first responder by an
authorized representative of the division to perform basic
emergency care procedures.
(12) 'Fraud or deception' means the intentional
misrepresentation or misstatement of a material fact, concealment
of or failure to make known any material fact, or any other means
by which misinformation or false impression knowingly is given.
(13) 'Governmental unit' means the state or any county,
municipality or other political subdivision or any department,
board or other agency of any of them.
(14) 'Highway' means every public way, thoroughfare and place,
including bridges, viaducts and other structures within the
Enrolled House Bill 2509 (HB 2509-B) Page 183
boundaries of this state, used or intended for the use of the
general public for vehicles.
(15) 'Owner' means the person having all the incidents of
ownership in an ambulance service or an ambulance vehicle or
where the incidents of ownership are in different persons, the
person, other than a security interest holder or lessor, entitled
to the possession of an ambulance vehicle or operation of an
ambulance service under a security agreement or a lease for a
term of 10 or more successive days.
(16) 'Patient' means an ill, injured or disabled person
transported in an ambulance.
(17) 'Person' means any individual, corporation, association,
firm, partnership, joint stock company, group of individuals
acting together for a common purpose or organization of any kind
and includes any receiver, trustee, assignee or other similar
representative thereof.
(18) 'Prehospital care' means that care rendered by emergency
medical technicians as an incident of the operation of ambulances
as defined by this chapter and that care rendered by emergency
medical technicians as incidents of other public or private
safety duties, and includes, but is not limited to, ' emergency
care' as defined by this section.
(19) 'Scope of practice' { - has the meaning provided in ORS
682.235 - } { + means the maximum level of emergency care that
an emergency medical technician may provide + }.
{ + (20) 'Standing orders' means the written protocols that
an emergency medical technician follows to treat patients when
direct contact with a physician is not maintained. + }
{ - (20) - } { + (21) + } 'Supervising physician' { - has
the meaning provided in ORS 682.235 - } { + means a medical or
osteopathic physician licensed under ORS chapter 677, actively
registered and in good standing with the board, who provides
direction of emergency care provided by emergency medical
technicians + }.
{ - (21) - } { + (22) + } 'Unprofessional conduct' means
conduct unbecoming a person certified in emergency care, or
detrimental to the best interests of the public and includes:
(a) Any conduct or practice contrary to recognized standards of
ethics of the medical profession or any conduct or practice which
does or might constitute a danger to the health or safety of a
patient or the public or any conduct, practice or condition which
does or might impair an emergency medical technician's ability
safely and skillfully to practice emergency care;
(b) Willful performance of any medical treatment which is
contrary to acceptable medical standards; and
(c) Willful and consistent utilization of medical service for
treatment which is or may be considered inappropriate or
unnecessary.
{ + NOTE: + } Reflects repeal of 682.235.
SECTION 209. { + ORS 682.235 is repealed. + }
{ + NOTE: + } Deletes redundant definitions.
SECTION 210. ORS 694.085 is amended to read:
694.085. (1) Upon payment of a fee established by the Health
Division under this section, the division shall license each
applicant, without discrimination, who possesses the required
training and experience and who satisfactorily passes the
examination. The license shall be effective for one year
following issuance.
(2) The division shall waive the examination required under
subsection (1) of this section and grant a license to an
applicant who:
Enrolled House Bill 2509 (HB 2509-B) Page 184
(a) Is licensed by the State Board of Examiners for
Speech-Language Pathology and Audiology under ORS 681.250;
(b) Is certified by the Educational Service Board of the
American Speech-Language-Hearing Association on or after January
1, 1992, or, if not so certified, satisfies the division that the
applicant possesses equivalent training and education
achievements; and
(c) Passes an examination related to Oregon law in the area of
hearing aid dispensing and pays the examination fee of $30.
(3) 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 division shall establish
all fees under ORS 694.015 to 694.170 unless the fee is specified
by law. The fees and charges established under this subsection
shall not exceed the cost of administering the regulatory program
of the
{ - board - } { + division + } pertaining to the purpose for
which the fee or charge is established, as authorized by the
Legislative Assembly within the { - board's - }
{ + division's + } budget, as the budget may be modified by the
Emergency Board.
{ + NOTE: + } Corrects references to state agency.
SECTION 211. ORS 697.031 is amended to read:
697.031. (1) The Director of the Department of Consumer and
Business Services shall establish by rule a program for
registration of persons operating as collection agencies
{ - who - } { + that + } are required to register with the
department under ORS 697.015. The program shall include a
requirement that persons registering with the department file and
maintain with the department current information the department
requires by rule. The department may require any information
necessary to carry out the program, including but not limited to
the following:
(a) The name and address of the person operating as a
collection agency.
(b) The name and address of the collection agency.
(c) Any assumed names or business names used by the collection
agency.
(d) Names of persons who perform the solicitation or collection
of claims or who perform the solicitation of the right to
repossess or the repossession of collateral security for the
collection agency.
(e) Names of persons who are agents of the collection agency
for purposes of service of legal process.
(2)(a) The director shall require any person who applies for
registration as a collection agency, other than an out-of-state
collection agency, to file with the director a bond or an
irrevocable letter of credit in the sum of $10,000 executed by
the applicant as obligor, together with one or more corporate
sureties or financial institutions authorized to do business in
this state. The bond or an irrevocable letter of credit shall be
executed to the State of Oregon and for the use of the state and
of any person who may have a cause of action against the obligor
of the bond or an irrevocable letter of credit under ORS 697.005
to 697.095. The bond or an irrevocable letter of credit shall be
conditioned that the obligor will faithfully conform to and abide
by the provisions of ORS 697.005 to 697.095 and all rules
lawfully made by the director under ORS 697.005 to 697.095, and
will pay to the state and to any such person any and all moneys
that may become due or owing to the state or to such person from
Enrolled House Bill 2509 (HB 2509-B) Page 185
the obligor under and by virtue of the provisions of ORS 697.005
to 697.095.
(b) If any person is aggrieved by the misconduct of a
registrant required to file a bond or an irrevocable letter of
credit under paragraph (a) of this subsection or by the
registrant's violation of any law or rule lawfully made by the
director under ORS 697.005 to 697.095 and recovers judgment
therefor, the person may, after the return unsatisfied either in
whole or in part of any execution issued upon the judgment,
maintain an action for the person's own use upon the bond or
irrevocable letter of credit of the registrant in any court
having jurisdiction of the amount claimed.
(c) The bond or an irrevocable letter of credit required by
this subsection shall be continuously maintained in the amount
required by this subsection. The aggregate liability of the
surety under the bond for claims against the bond shall not
exceed the penal sum of the bond no matter how many years the
bond is in force. No extension by continuation certificate,
reinstatement, reissue or renewal of the bond shall increase the
liability of the surety.
(3) The director may include any of the following in the
program for registration established under this section:
(a) The director may require any filings with the department
that the director determines to be necessary to maintain current
the information required for registration. Filings required under
this subsection may include renewal of registration at reasonable
intervals, filings within a reasonable time after changes in a
collection agency or other filings the director determines to be
necessary. In requiring filings under this subsection, the
director shall attempt to minimize burdens the filings might
place on persons required to file.
(b) Except as provided in subsection (4) of this section, the
director may establish and require persons filing with the
department under this section to pay fees for any registration or
filing made with the department. The director shall not establish
fees for more than an amount necessary to cover the
administrative costs of the filing or registration.
(c) The program may be established in any division of the
department the director determines to be best able to administer
the program.
(d) The director may issue, but may not require, certificates
of registration or other indicia of registration that the
director determines will be of assistance to persons operating as
a collection agency in establishing that the persons are
registered with the department.
(4) An out-of-state collection agency is exempt from the
registration fee under this section if the out-of-state
collection agency is registered in another state and that state
does not require payment of an initial fee by a person who
collects debts in that state only by means of interstate
communications from the person's location in another state.
(5) If an out-of-state collection agency is not exempt from
payment of a registration fee under this section, the
registration fee for the out-of-state collection agency shall be
not less than the fee charged by the state in which the
out-of-state collection agency is located to a person who
collects debts in that state only by means of interstate
communications from the person's location in another state.
(6) If the director determines that the state where an
out-of-state collection agency is located and registered, if
required to be registered, exempts a collection agency located
Enrolled House Bill 2509 (HB 2509-B) Page 186
and registered in this state from registration requirements in
that state, the director shall exempt out-of-state collection
agencies located in that state from the registration requirements
of ORS 697.005 to 697.095.
(7) The department shall maintain current records of the
information required for registration under this section.
{ + NOTE: + } Corrects word choice in (1).
SECTION 212. ORS 700.100 is amended to read:
700.100. (1) Registration shall be valid for one year.
(2) Registration shall expire on June 30 following the date of
issuance, unless renewed on or before the expiration date by
payment of the required renewal fee and submission of
satisfactory evidence of completion of continuing education
courses as specified by rule and compliance with all other
requirements prescribed by the Health Division for renewal.
(3) A registration that has not been renewed before the
expiration date may be renewed within one year of the expiration
date if the sanitarian, sanitarian trainee, waste water
sanitarian trainee or waste water sanitarian submits an
application for renewal and pays the renewal fee and a
delinquency fee for each calendar month following expiration,
provides satisfactory evidence in the application of completion
of continuing education requirements and complies with all other
requirements prescribed by the board for renewal.
(4) A registration that has not been renewed for more than one
year and less than three years after the expiration date may be
renewed if the sanitarian, sanitarian trainee, waste water
sanitarian trainee or waste water sanitarian submits an
application for renewal and pays the renewal fee and a one-time
restoration fee, submits satisfactory evidence in the application
of completion of continuing education requirements and complies
with all other requirements prescribed by the board for renewal.
(5) The board shall not renew the registration of any
sanitarian, sanitarian trainee, waste water sanitarian trainee or
waste water sanitarian who fails to renew registration for three
successive years but shall grant registration to such a person
upon compliance with all of the requirements of ORS 700.030 or
700.035.
(6) The board shall not grant or renew the registration of a
sanitarian, sanitarian trainee, waste water sanitarian trainee or
waste water sanitarian whose registration has been denied,
{ - or - } suspended { + , + } { - or - } revoked or not
renewed under ORS 700.110 (1) or (2) until one year
{ - from - } { + after + } the date of the denial of
registration or { - of - } renewal or { - of - } { + one
year after + } the date of the order of suspension or revocation.
{ + NOTE: + } Corrects syntax.
SECTION 213. ORS 700.220 is amended to read:
700.220. (1) The members appointed by the Governor shall be
appointed from among the residents of this state and shall have
the following qualifications and terms of office:
(a) One shall be a physician licensed to practice medicine or
surgery by the Board of Medical Examiners for the State of Oregon
and certified by the American Board of Preventive Medicine and
Public Health.
(b) Four shall be sanitarians, registered under this chapter,
not more than one from any congressional district, and each of
whom has had at least four years of experience in environmental
sanitation.
(c) One shall be a representative of the food or food and
alcoholic beverage retail industry.
Enrolled House Bill 2509 (HB 2509-B) Page 187
(d) One shall be a public member.
(2) Each successor to the members first appointed by the
Governor and each successor to the members first appointed by the
Governor under subsection (1)(c) and (d) of this section shall
hold office for a term of three years to commence on July 1
following the expiration of the term of a predecessor.
(3) Any vacancy among the seven members appointed by the
Governor shall be filled for the unexpired term by appointment by
the Governor.
(4) Any member of the board may be removed by the Governor for
misconduct, incapacity or neglect of duty or inability to serve.
(5) The members of the board are entitled to compensation and
expenses as provided in ORS 292.495, to be paid from the
{ - Sanitarian's - } { + Sanitarians + } Registration
Account.
{ + NOTE: + } Corrects name of account.
SECTION 214. ORS 700.260 is amended to read:
700.260. (1) If, in the opinion of the { + Sanitarians
Registration + } Board, any person is engaged in or has taken
steps to engage in an activity that is a violation of any
provision of this chapter or any rules promulgated by the
{ - board - } { + Health Division + }, the board may, without
bond, institute in the name of the State of Oregon a suit to
restrain the activity or any further or continued violation.
(2) A court may issue an injunction under this section. An
injunction issued under this section does not relieve a person
from any other prosecution or enforcement action taken for
violation of this chapter.
(3) The Attorney General or the district attorney for the
county in which the proceedings are to be brought may assist the
board in carrying out its power under this section.
{ + NOTE: + } Clarifies and corrects references to state
agencies.
SECTION 215. ORS 708.430 is amended to read:
708.430. (1) An institution shall not invest any of its assets
in the capital stock of any other corporation except:
(a) In the capital stock of the Federal Reserve Bank.
(b) In stock acquired or purchased to save a loss on a
preexisting debt. The stock shall be sold within two years of the
date acquired or purchased. The director may extend the time if
the director finds that an extension will not be detrimental to
the public interest and will not contravene any other law.
(c) In the capital stock of any safe deposit company organized
and existing under the laws of this state and doing an exclusive
safe deposit business on premises owned or leased by the
institution, if the purchasing and holding of the stock is first
authorized by resolution of the board of directors of the
institution and by the written approval of the director. The
board of directors and director shall state in the authorization
the number and amount of the shares which the institution may
purchase and hold. The director may examine, unrestricted, the
assets, accounts and affairs of the safe deposit company.
(d) In the capital stock of agricultural and livestock finance
companies subject to the same limitations applicable to national
banks and to the approval of the director.
(e) In the capital stock, eligible for purchase by national
banks, of small business investment companies, but the aggregate
investment in the stock shall not exceed two percent of the
capital and surplus of the institution.
Enrolled House Bill 2509 (HB 2509-B) Page 188
(f) In the common stock of any federally chartered corporation
that is chartered for the purpose of providing secondary markets
for the sale of mortgages by institutions.
(g) In the stock of the Federal Home Loan Bank.
(h) In the capital stock of a corporation exclusively engaged
in a trust business or a banker's bank, but the aggregate
investment in the stock shall not exceed 10 percent of the
capital and surplus of the institution.
(i) In the capital stock of bank service corporations as
provided in ORS 708.431 to 708.434.
(j) In the capital stock of a community development corporation
as provided in ORS 708.444.
(k) If a trust company is not engaged in a general banking
business and if the investment is first approved by the director,
the trust company may invest an amount not to exceed 20 percent
of the paid-in capital and the surplus of the trust company:
(A) In the capital stock of a subsidiary investment company
defined in the Investment Company Act of 1940 { + , as
amended + }; or
(B) In a company one of the purposes of which is to act as an
investment adviser as defined in ORS 59.015 (6), with all the
powers customarily exercised by an investment adviser.
(L) In adjustable rate preferred stock of the Student Loan
Marketing Association established in 20 U.S.C. sec. 1087-2, but
the aggregate investment in the stock shall not exceed 15 percent
of the capital and surplus of the institution.
(2) An institution may invest its assets in shares of any
mutual fund, the assets of which are invested solely in
obligations of the type described in and limited under ORS
708.388.
(3) An institution may, subject to the approval of the
director, acquire or continue to hold the fully paid stock of a
corporation, one of the purposes of which is to assist the
institution in handling real estate, claims, judgments or other
assets or in holding title to the assets. An institution may
acquire or continue to hold the fully paid stock of a corporation
the purpose of which is to permit the institution to engage in
any business that a bank holding company or a subsidiary of a
bank holding company is authorized to engage in. This subsection
does not apply unless the institution is the owner of all the
common stock of the subsidiary corporation, except qualifying
shares of directors, and the stock is carried on the books of the
institution at a value not exceeding 15 percent of capital and
surplus.
(4) An institution may, subject to the approval of the director
and to rules promulgated by the director, acquire and continue to
hold all of the fully paid stock of a corporation engaged in any
business that an institution is authorized to engage in, if the
stock is carried on the books of the institution at a value not
exceeding 15 percent of capital and surplus. Except as otherwise
permitted by statute or rule, the investment limitations
applicable to the institution apply to the subsidiary.
(5) An institution may, subject to the approval of the director
and under rules promulgated by the director, acquire and continue
to hold all the fully paid stock of a subsidiary corporation
engaged in the business of purchasing the stock of the
institution for purposes of holding that stock and making a
market for that stock, if the stock of the subsidiary is carried
on the books of the institution at a value not exceeding $1, and
if not more than 20 percent of the net profit of the banking
institution is disbursed to the subsidiary in any one fiscal
Enrolled House Bill 2509 (HB 2509-B) Page 189
year. Except as otherwise permitted by statute or rule, the
investment limitations applicable to the institution apply to the
subsidiary. Acquisitions under this subsection shall not exceed
15 percent of the capital and surplus of the institution.
(6) An institution may acquire and hold all or part of the
stock of a corporation which is or may thereafter be licensed
under ORS 744.002 as an agent to transact one or more of the
classes of insurance described in ORS 744.115 except for title
insurance, subject to the following requirements:
(a) The acquisition and holding of such stock shall be subject
to the approval of the director. The director shall base
consideration for approval on the condition of the institution,
the adequacy of a formal business plan for the insurance
activities, and the existence of satisfactory management for the
corporation.
(b) The director may revoke or restrict the ongoing authority
of the institution to hold stock in the corporation if the
condition of the institution substantially deteriorates or if the
insurance activities are adversely affecting the institution.
(c) If the corporation conducts the insurance agency activity
in a branch or office in which the institution carries on its
banking business, the insurance agency activity shall be
physically separated from those parts of the premises in which
the institution carries on the banking business.
(d) All persons who act on behalf of the corporation to
transact insurance, as that term is defined in ORS 731.146, shall
be employees of the corporation only and shall not while employed
by the corporation be in any manner employed or compensated by or
perform any work for the institution.
(e) The name of the corporation and any assumed business name
used by it shall not be identical to that of the institution.
(f) Prior to selling any policy of insurance, the corporation
shall disclose in writing to the purchaser that the corporation
is owned in whole or part by the institution and that the
purchaser shall not be required to purchase the insurance from
the corporation as a condition of obtaining any service from or
engaging in any transaction with the institution.
(g) For each calendar year during which an institution owns all
or part of any corporation licensed under ORS 744.002 as an
agent, the institution shall file a written report with the
director. The report shall be filed no later than March 31 of the
following year and shall disclose the insurance activities of the
corporation. The required contents of the report shall be
established by the director by rule. The reports filed with the
director under this paragraph shall be available for public
inspection in the office of the director.
(h) The corporation shall not in any manner use customer
information obtained by the institution from another insurance
agent to promote, develop or solicit insurance business for the
corporation unless the other insurance agent consents to such use
of the customer information.
(i) The corporation shall be subject to the limitations
applicable to lending institutions under ORS 746.180 and 746.185
to 746.211. For the purpose of this subsection, the term 'lending
institution' has the meaning set forth in ORS 746.185.
(7) An institution may invest up to 15 percent of its paid-in
capital and surplus in the stock of the Oregon Capital
Corporation authorized to be created under ORS 284.750 to
284.795, 315.504, 317.084, 317.267 and 318.031.
{ + NOTE: + } Clarifies reference to federal law in
(1)(k)(A).
Enrolled House Bill 2509 (HB 2509-B) Page 190
SECTION 216. ORS 723.122 is amended to read:
723.122. (1) Each credit union shall obtain and maintain a
fidelity bond or irrevocable letter of credit issued by a
commercial bank as defined in ORS 706.005, which includes
coverage in accordance with any rules of the Director of the
Department of Consumer and Business Services, to protect the
credit union against losses caused by occurrences covered therein
such as fraud, dishonesty, forgery, embezzlement,
misappropriation, misapplication of duty and all acts of its
agents, directors, officers, committee members, employees or
attorneys. The minimum amount of the bond or letter of credit
shall be determined based on the amount of the credit union's
total assets in accordance with the following table:
_________________________________________________________________
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Assets Minimum Amount
of Bond
or Letter of Credit
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$0 to $10,000.....Coverage equal to
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
the credit union's
assets.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$10,001 to $1,000,$10,000 for each
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$100,000 or
fraction thereof.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$1,000,001 to $50,$100,000 plus
Enrolled House Bill 2509 (HB 2509-B) Page 191
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$50,000 for each $1
million or fraction
thereof over $1
million.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$50,000,001 to $29$2.55,million plus
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
$10,000 for each $1
million or fraction
thereof over $50
million.
____NOTE_TO_GOPHER_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
More than { -
$295,000,001 - }
{ +
$295,000,000 + }
..................$5 million.
_________________________________________________________________
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
(2) Each bond or letter of credit shall include a faithful
performance clause to cover the chief financial officer. Each
bond or letter of credit shall be approved by the director who
may require such additional amounts as the director considers
necessary.
(3) All bond claims or claims upon a letter of credit shall be
reported to the director.
{ + NOTE: + } Clarifies dollar amount.
SECTION 217. ORS 731.466 is amended to read:
731.466. (1) The rights and power of the attorney of a
reciprocal insurer shall be as provided in the power of attorney
given it by the subscribers.
(2) The power of attorney must set forth:
(a) The powers of the attorney { + . + } { - ; - }
(b) That the attorney may accept service of process on behalf
of the insurer { + . + } { - ; - }
(c) The services to be performed by the attorney in
general { + . + }
{ - ; - }
Enrolled House Bill 2509 (HB 2509-B) Page 192
(d) The maximum amount to be deducted from advance premiums or
deposits to be paid to the attorney { + . + } { - ; - }
(e) Except as to nonassessable policies, a provision for a
contingent several liability of each subscriber in a specified
amount not less than one nor more than 10 times the premium or
premium deposit stated in the policy.
(3) The power of attorney may:
(a) Provide for the right of substitution of the attorney and
revocation of the power of attorney and rights thereunder;
(b) Impose such restrictions upon the exercise of the power as
are agreed upon by the subscribers;
(c) Provide for the exercise of any right reserved to the
subscribers directly or through their advisory committee; and
(d) Contain other lawful provisions.
(4) The terms of any power of attorney or agreement collateral
thereto shall be reasonable and equitable, and no such power or
agreement or any amendment thereof, shall be used or be effective
in this state until approved by the director.
{ + NOTE: + } Corrects punctuation.
SECTION 218. ORS 733.230 is amended to read:
733.230. (1) Notwithstanding any other provisions of law a
domestic insurer may:
(a) With respect to a separate account registered with the
federal Securities and Exchange Commission as a unit investment
trust, exercise voting rights, in connection with any securities
of a regulated investment company registered under the federal
Investment Company Act of 1940 { + , as amended, + } and held in
such account, in accordance with instructions from persons having
interests in such account, ratably as determined by the insurer;
and
(b) With respect to a separate account registered with the
federal Securities and Exchange Commission as a management
investment company, establish for such account a committee,
board, or other body, the members of which need not be otherwise
affiliated with the insurer and may be elected by the vote of
persons having interests in such account, ratably as determined
by the insurer. Such committee, board or other body may have the
power, exercisable alone or in conjunction with others, to manage
the separate account and the investment of its assets.
(2) The insurer or such committee, board or other body may make
such other provisions in respect to the separate account as may
be considered necessary to comply with any applicable federal or
state laws, if the director approves such provisions as not being
hazardous to the insurer's policyholders or the public in this
state.
(3) Any provision of the Insurance Code or rule of the director
applicable to the officers or directors of an insurer and
relating to conflicts of interest will also apply to members of a
separate account's committee, board or other similar body. No
officer or director of an insurer nor any member of the
committee, board or body of a separate account shall receive
directly or indirectly any commission or any other compensation
with respect to the purchase or sale of assets of the separate
account.
{ + NOTE: + } Clarifies reference to federal law.
SECTION 219. ORS 733.658 is amended to read:
733.658. The limitations provided in ORS 733.654 and 733.656 do
not apply to the investment of separate account funds in the
securities of an investment company registered under the federal
Investment Company Act of 1940 { + , as amended, + } if the
Enrolled House Bill 2509 (HB 2509-B) Page 193
investments of the investment company comply in substance with
ORS 733.654 and 733.656.
{ + NOTE: + } Clarifies reference to federal law.
SECTION 220. ORS 756.305 is amended to read:
756.305. (1) There hereby is established in the General Fund an
account to be known as the Public Utility Commission Account.
Except as limited by ORS 756.360 { - and 825.330 - } , all
moneys, without regard to their sources, credited to the Public
Utility Commission Account hereby are appropriated continuously
to the Public Utility Commission for the payment of any and all
of the expenses of the Public Utility Commission.
(2) The Public Utility Commission shall keep a record of all
moneys deposited in the Public Utility Commission Account. The
record shall indicate by separate cumulative accounts the source
from which the moneys are derived and the individual activity or
program against which each withdrawal is charged.
{ + NOTE: + } Deletes incorrect reference.
SECTION 221. ORS 756.543 is amended to read:
756.543. (1) The commission shall issue subpoenas to any party
to a proceeding before the commission upon request and proper
showing of the general relevance and reasonable scope of the
evidence sought. Witnesses appearing pursuant to subpoena, other
than the parties or their officers or employees, or employees of
the commission, shall receive fees and mileage as prescribed by
law for witnesses in ORS 44.415 (2). If the commission certifies
that the testimony of a witness was relevant and material, any
person who paid fees and mileage to that witness shall be
reimbursed by the commission and from moneys referred to in ORS
756.360 { - and 825.326 - } , subject to the limitations
provided in { - those sections and in ORS 825.330 - } { + ORS
756.360 + }.
(2) If any person fails to comply with any subpoena so issued
or any party or witness refuses to testify on any matters on
which the person may be lawfully interrogated, the judge of the
circuit court of any county, on the application of the
commission, or of the party requesting the issuance of the
subpoena, shall compel obedience by proceedings for contempt as
in the case of disobedience of the requirements of a subpoena
issued from such court or a refusal to testify therein.
{ + NOTE: + } Deletes incorrect references; clarifies
reference.
SECTION 222. ORS 774.070 is amended to read:
774.070. (1) The Citizens' Utility Board of Governors shall be
comprised of three persons elected from each congressional
district described in ORS { - 188.130 - } { + 188.135 + } by
a majority of the votes cast by members residing in that
district. The election shall be conducted by mail ballot in such
manner as the Citizens' Utility Board of Governors may prescribe.
(2) The term of office of a member of the Citizens' Utility
Board of Governors is four years. No person may serve more than
two consecutive terms on the Citizens' Utility Board of
Governors.
(3) Each candidate and each member of the Citizens' Utility
Board of Governors must be a member of the Citizens' Utility
Board and must be a resident of the district from which the
candidate seeks to be or is elected.
(4) At least 45 days before an election each candidate shall
file with the Citizens' Utility Board of Governors a statement of
financial interests, which shall contain the information in such
form as the Citizens' Utility Board of Governors shall determine.
Each candidate shall maintain a complete record of contributions
Enrolled House Bill 2509 (HB 2509-B) Page 194
received and expenditures made with regard to an election
campaign. Each candidate shall make the records available for
public inspection at such reasonable times as the Citizens'
Utility Board of Governors considers appropriate.
(5) No member who is employed by a utility shall be eligible
for appointment or election to the Citizens' Utility Board of
Governors, and no member of the Citizens' Utility Board of
Governors who obtains employment by a utility may maintain a
position on the Citizens' Utility Board of Governors. While on
the board, no director elected under this section may hold
elective public office, be a candidate for any elective public
office, or be a state public official. No person who owns or
controls, either singly or in combination with any immediate
family member, utility stocks or bonds of a total value in excess
of $3,000 is eligible to serve as an elected member of the
Citizens' Utility Board of Governors.
(6) The Citizens' Utility Board of Governors may disqualify any
candidate or member of the Citizens' Utility Board of Governors
for any violation of this chapter or of the bylaws of the
Citizens' Utility Board.
(7) Upon petition signed by 20 percent of the members in a
district for the recall of a member of the Citizens' Utility
Board of Governors elected from the district, the Citizens'
Utility Board of Governors shall mail ballots to each member in
the district, submitting the question whether the member of the
Citizens' Utility Board of Governors shall be recalled. If a
majority of the members voting at the election vote in favor of
the recall, then the member of the Citizens' Utility Board of
Governors shall be recalled. Elections and recall proceedings
shall be conducted in a manner as the Citizens' Utility Board of
Governors may prescribe. Ballots for all election and recall
proceedings shall be counted at a regular meeting of the
Citizens' Utility Board of Governors.
(8) The remaining members of the Citizens' Utility Board of
Governors shall have the power to fill vacancies on the Citizens'
Utility Board of Governors.
{ + NOTE: + } Corrects reference to statute describing
current congressional districts.
SECTION 223. ORS 777.535 is amended to read:
777.535. The provisions of ORS 223.205 to { - 223.295 - }
{ + 223.314 + } (Bancroft Bonding Act) and ORS 223.770 relating
to the assessment of property benefited by public improvements
and to the issuance of bonds and other obligations for the cost
of such improvements, shall apply insofar as practicable and
applicable in relation to the assessment by ports of the cost or
any portion of the cost of improvements against the property
benefited in accordance with ORS 777.530 and to the issuance of
bonds and other obligations by the port. However, notwithstanding
ORS 223.295, the limitation specified in ORS 777.410 (1)(a) on
the amount of general obligation bonds outstanding at any one
time applies to bonds and other obligations issued under this
section.
{ + NOTE: + } Corrects series reference.
SECTION 224. ORS 783.990 is amended to read:
783.990. (1) Violation of ORS 783.510 is punishable, upon
conviction, { - before a justice of the peace - } { + in a
justice + } or circuit court, by a fine of not less than $50 nor
more than $200, or by imprisonment in the county jail for not
less than one nor more than six months, or both.
(2) Violation of ORS 783.520 is punishable, upon conviction,
Enrolled House Bill 2509 (HB 2509-B) Page 195
{ - before a justice of the peace - } { + in a justice + } or
circuit court, by a fine of not less than $50 nor more than $250,
or by imprisonment in the county jail for not less than 60 days
nor more than six months.
(3) Violation of ORS 783.530 is punishable, upon conviction,
{ - before a justice of the peace - } { + in a justice + } or
circuit court, by a fine of not less than $20 nor more than $200,
or by imprisonment in the county jail for not less than 10 nor
more than 100 days.
(4) Violation of ORS 783.550 is punishable, upon conviction,
{ - before a justice of the peace - } { + in a justice + } or
circuit court, by a fine of not less than $20 nor more than $100
or by imprisonment in the county jail for not less than 10 nor
more than 100 days, or both.
(5) Violation of ORS 783.560 by any officer is punishable, upon
conviction, { - before a justice of the peace - } { + in a
justice + } or circuit court, by a fine of not less than $20 nor
more than $100.
(6) Violation of ORS 783.580 is punishable, upon conviction, by
a fine of not less than $100 nor more than $250, and by
imprisonment in the county jail not less than 10 nor more than 25
days. Justices of the peace have jurisdiction of violations of
ORS 783.580.
(7) Violation of ORS 783.590 and injury or damage of any bridge
across the Willamette River for want of the appliances described
in ORS 783.590 is punishable, upon conviction, by a fine of not
less than $50 nor more than $500.
(8) Violation of ORS 783.600 is punishable, upon conviction, by
a fine of not less than $100 nor more than $500, or by
imprisonment in the county jail for not less than three months
nor more than one year.
(9) Violation of ORS 783.610 is punishable, upon conviction, by
a fine of not less than $100 nor more than $200, or by
imprisonment in the county jail not less than one nor more than
six months, or both.
{ + NOTE: + } Clarifies references to courts.
SECTION 225. ORS 809.440 is amended to read:
809.440. This section establishes hearing and administrative
review procedures to be followed when the Department of
Transportation is required to provide a hearing or an
administrative review of an action { + . + } { - : - }
(1) When other procedures described under this section are not
applicable to a suspension or revocation under ORS 809.410, the
procedures described in this subsection shall be applicable. All
of the following apply to this subsection:
(a) The hearing shall be given before the department imposes
the suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation.
(b) Before the hearing, the department shall notify the person
in the manner described in ORS 809.430.
(c) The hearing shall be before a representative of the
department and shall be in the county where the person resides
unless the person and the department agree otherwise.
(d) Upon such hearing, the department, good cause appearing
therefor, may impose, continue, modify or extend the suspension
or revocation of the driving privileges.
(2) The following apply when administrative review is provided
under any statute or rule of the department:
(a) An administrative review shall consist of an informal
administrative process to assure prompt and careful review by the
department of the documents upon which an action is based.
Enrolled House Bill 2509 (HB 2509-B) Page 196
(b) It shall be a defense to the department's action if a
petitioner can establish that:
(A) A conviction on which the department's action is based was
for an offense that did not involve a motor vehicle.
(B) An out-of-state conviction on which the department's action
is based was for an offense that is not comparable to an offense
under Oregon law.
(C) The records relied on by the department identify the wrong
person.
(c) A person requesting administrative review has the burden of
showing by a preponderance of the evidence that the person is not
subject to the action.
(d) Actions subject to administrative review shall be exempt
from the provisions of ORS 183.310 to 183.550 applicable to
contested cases, and from the provisions of subsection (4) of
this section applicable to post-imposition hearings. A
suspension, revocation or cancellation shall not be stayed during
the administrative review process or by the filing of a petition
for judicial review. A court having jurisdiction may order the
suspension, revocation or cancellation stayed pending judicial
review.
(e) Judicial review of a department order affirming a
suspension or revocation after an administrative review shall be
available as for review of orders other than contested cases, and
the department may not be subject to default for failure to
appear in such proceedings. The department shall certify its
record to the court within 20 days after service upon the
department of the petition for judicial review.
(f) If the suspension or revocation is upheld on review by a
court, the suspension or revocation shall be imposed for the
length of time appropriate under the appropriate statute except
that the time shall be reduced by any time prior to the
determination by the court that the suspension or revocation was
in effect and was not stayed.
(g) The department shall adopt any rules governing
administrative review that are considered necessary or convenient
by the department.
(3) When permitted under this section or under any other
statute, a hearing may be expedited under procedures adopted by
the department by rule. The procedures may include a limited time
in which the person may request a hearing, requirements for
telephone hearings, expedited procedures for issuing orders and
expedited notice procedures.
(4) When permitted under ORS 809.410, a hearing may be a
post-imposition hearing under this subsection. A post-imposition
hearing is a hearing that occurs after the department imposes the
suspension or revocation of driving privileges or continues,
modifies or extends a suspension or revocation. All of the
following apply to this subsection:
(a) The department must provide notice in the manner described
in ORS 809.430 before the suspension or revocation may take
effect.
(b) Except as provided in this subsection, the hearing shall be
conducted as a contested case in accordance with ORS 183.310 to
183.550.
(c) Unless there is an agreement between the person and the
department that the hearing be conducted elsewhere, the hearing
shall be held either in the county where the person resides or at
any place within 100 miles, as established by the department by
rule.
Enrolled House Bill 2509 (HB 2509-B) Page 197
(5) The department has complied with a requirement for a
hearing or administrative review if the department has provided
an opportunity for hearing or review and the person with the
right to the hearing or review has not requested it. Any request
for hearing or review must be made in writing.
(6) For any hearing described under this section, and for
administrative review described under this section, no further
notice need be given by the department if the suspension or
revocation is based upon a conviction and the court gives notice,
in a form established by the department, of the rights to a
hearing or review and of the suspension or revocation.
{ + NOTE: + } Corrects punctuation before (1).
SECTION 226. { + ORS 809.715 and 809.716 are added to and made
a part of the Oregon Vehicle Code. + }
{ + NOTE: + } Adds sections to appropriate series.
SECTION 227. ORS 810.180 is amended to read:
810.180. This section grants authority to establish speeds for
operation of a vehicle upon a highway and speeds that are
different from those established under ORS 811.105 as evidence of
violation of the basic speed rule under ORS 811.100. Speed limits
established under this section are subject to the conditions
described in the subsection granting authority to establish the
speed limit, as follows:
(1) The Department of Transportation may establish a maximum
speed limit that is applicable to the operation of all vehicles
upon all highways in this state unless a different maximum speed
limit for certain vehicles or on certain highways is specifically
provided by law. A speed limit established under this subsection
is subject to all of the following:
(a) A speed limit established by this section shall be known as
the federal maximum speed limit.
(b) The department may establish a speed limit under this
subsection when the commission determines that there is a
critical need to conserve fuel because of current or imminent
fuel shortages and that limiting the maximum speeds of vehicles
will significantly conserve motor fuel or when the department
determines that establishing a speed limit under this subsection
is a necessary condition to the receipt of federal highway funds.
(c) The department may not establish a maximum speed limit of
more than 55 miles per hour under this subsection.
(d) A maximum speed limit established under this subsection is
subject to ORS 811.108 regarding relationships among certain
provisions of law governing speed.
(e) A maximum speed established under this subsection may not
be raised by any authority granted under any other subsection in
this section.
(f) Violation of a speed limit established under this
subsection is punishable as provided under ORS 811.110.
(2) The department may override the maximum speed limit
established for ocean shores under ORS 811.120 and establish a
maximum speed limit of less than 25 miles per hour on any
specified section of ocean shore if the department determines
that the maximum speed limit established under ORS 811.120 is
greater than is reasonable or safe under the conditions that
exist with respect to that part of the ocean shore. The authority
granted under this subsection is subject to all of the following:
(a) The department may make the determination required under
this subsection only on the basis of an investigation.
(b) A speed limit established under this subsection is
effective when posted upon appropriate fixed or variable signs.
Enrolled House Bill 2509 (HB 2509-B) Page 198
(c) A speed limit established under this subsection does not
authorize speeds higher than those required for compliance with
the basic speed rule under ORS 811.100.
(d) Penalties for violation of a speed limit established under
this subsection are as provided in ORS 811.120.
(3) The department may override the maximum speed limit
established for rural interstate highways under ORS 811.112 on
any specified section of rural interstate highway if the
department determines that the maximum speed limit established
under ORS 811.112 is greater than is reasonable or safe with
respect to the conditions that exist with respect to that part of
the rural interstate highway.
(4) Each road authority, with respect to its own highways or
streets may reduce designated or maximum speed limits of vehicles
as necessary, in its judgment, to protect any highway or section
thereof from being unduly damaged or to protect the safety of the
public when hazards are created by road conditions. The following
apply to the authority granted under this subsection:
(a) Speeds may { - only - } be reduced { + only + } for a
specific period of time or temporarily for a specific class or
type of vehicle that is causing an identified damage to highways.
(b) This subsection shall not be used to establish any
permanent speed reduction. If a permanent speed reduction is
required, it may { - only - } be imposed { + only + } under
the procedures established under this section for permanently
establishing a speed reduction.
(c) The authority granted by this subsection may { - only - }
be exercised { + only + } if the ordinance or order, as
appropriate, that imposes the speed reduction specifies the
hazard or damage and is effective only for a specified time that
corresponds to the hazard or damage identified.
(d) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
(e) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
(5) Each road authority, with respect to its own highways or
streets, may designate speeds for vehicles upon any portion of
the highway or street upon which temporary conditions
constituting a danger to the public exist or above, below or upon
which construction or maintenance work is being carried on so
close to the roadway as to be a danger to passing traffic or to
be endangered by passing traffic. The following apply to this
subsection:
(a) The operation of a vehicle in excess of any speed
designated under this subsection is prima facie evidence of
violation of the basic speed rule under ORS 811.100.
(b) Any restrictions or limitations imposed under this
subsection shall be imposed by a proper order. A sign giving
notice of the restrictions or limitations contained in the order
shall be maintained in a conspicuous manner and placed at each
end of the highway or section of highway affected thereby, and at
such other places as may be necessary to inform the public. Such
restrictions or limitations shall be effective when the signs
Enrolled House Bill 2509 (HB 2509-B) Page 199
giving notice thereof are erected, and no person shall operate
any vehicle or combination of vehicles in violation thereof.
(6) Road authorities may regulate the speed of vehicles in
parks under their jurisdiction. A road authority regulating the
speed of vehicles under this subsection shall place and maintain
signs at all park entrances to give notice of any special speed
regulation.
(7) The department may designate a speed on any state highway
or section thereof that is different { - than - }
{ + from + } a speed designated as prima facie evidence under
ORS 811.105 of violation of the basic speed rule under ORS
811.100 if the department determines that the speed designated
under ORS 811.105 is greater or less than is reasonable or safe
under conditions the department finds to exist. The authority
granted under this subsection is subject to all of the following:
(a) The department shall designate under this subsection only
speeds that the department determines are reasonable and safe on
the highway under the conditions the department finds to exist.
(b) The department may exercise the authority under this
subsection only on state highways that are outside the corporate
limits of any city.
(c) The department shall exercise authority granted under this
subsection only if such action is based upon an engineering and
traffic investigation.
(d) Penalties for violation of a speed designated under this
subsection are provided under ORS 811.100 and 811.105.
(e) A speed designated under this subsection is effective when
appropriate signs giving notice of the speed limit are erected
upon the highway where the limit is imposed.
(8) The department, by rule, may designate reasonable and safe
speeds on highways or portions of highways. The authority granted
under this subsection includes, but is not limited to, authority
to establish different speeds for different kinds or classes of
vehicles as the department determines reasonable and safe. The
authority granted under this subsection is subject to all of the
following:
(a) The department, by rule, may delegate its authority under
this subsection with respect to highways that are low volume or
not hard surfaced to a city or county with jurisdiction over the
highway. The department shall delegate authority under this
paragraph only if it determines that the city or county will
exercise the authority according to criteria adopted by the
department.
(b) Penalties for violation of a speed established under this
subsection are provided under ORS 811.100 and 811.105.
(c) The department shall use procedures established by rule to
establish speeds under this subsection.
(d) A speed established under this subsection is effective when
appropriate signs giving notice thereof are erected upon the
highway or section of highway. All signs erected under this
paragraph shall comply with ORS 810.200.
(e) The expense of erecting any sign under this subsection
shall be borne by the road authority having jurisdiction over the
highway.
(f) The department, by rule, may designate a speed on a highway
or section thereof after a request is received from the road
authority for a highway. The application required under this
subsection must state a recommended speed. The department may
determine the speed to designate under its authority based on an
engineering and traffic investigation. The department:
Enrolled House Bill 2509 (HB 2509-B) Page 200
(A) May change the existing speed on the highway if the
department determines that the designated speed is greater or
less than reasonable or safe under conditions the department
finds to exist.
(B) Shall not make a final determination to change a speed
under this subsection without providing the affected road
jurisdiction due notice and opportunity for a hearing. The
department shall give written notice of its determination
concerning a designated speed under this subsection.
(g) { - An affected - } { + A + } road authority may file
written objections to any speed { + that is + } established by
the department under this subsection { - which affects it - }
{ + and that affects the road authority + }.
(9) The department may establish an emergency speed on any
highway under the jurisdiction of the department that is
different from the existing speed on the highway. The authority
granted under this subsection is subject to all of the following:
(a) Penalties for violation of a speed established under this
subsection are provided under ORS 811.100 and 811.105.
(b) A speed established under this subsection is effective when
appropriate signs giving notice thereof are erected upon the
highway or section of highway. All signs erected under this
subsection shall comply with ORS 810.200.
(c) The expense of erecting any sign under this subsection
shall be borne by the road authority having jurisdiction over the
highway.
(d) A speed established under this subsection may be effective
for not more than 120 days.
(e) If the department establishes an emergency temporary speed
under this subsection, it shall determine whether the department
should permanently change the speed within 120 days after the
speed becomes effective. The department shall use authority
otherwise granted under this section if { - it - } { + the
department + } determines to { - permanently - } establish the
speed { + permanently + }.
(f) The department may establish a speed under this subsection
only upon the application of the road authority for the highway.
(10) The department may supersede a maximum speed limit
established for urban areas under ORS 811.123 and designate a
speed greater or less than one specified in ORS 811.123 on any
specified section of a highway in an urban area if the department
determines that a maximum speed limit established under ORS
811.123 is not reasonable or safe with respect to that part of
the highway. A designated speed established under this subsection
is effective when appropriate signs giving notice thereof are
erected on the affected section of highway.
{ + NOTE: + } Corrects grammar and syntax.
SECTION 228. ORS 811.175 is amended to read:
811.175. (1) A person commits the offense of infraction driving
while suspended or revoked { - or in violation of a hardship or
probationary permit - } if the person does any of the following:
(a) Drives a motor vehicle upon a highway during a period when
the person's driving privileges or right to apply for driving
privileges have been suspended or revoked in this state by a
court or by the Department of Transportation.
(b) Drives a motor vehicle outside the limitations of a
probationary permit issued under ORS 807.270 or a hardship driver
permit issued under ORS 807.240, including any limitations placed
on the permit under ORS 813.510.
(c) Drives a commercial motor vehicle upon a highway during a
period when the person's commercial driver license has been
Enrolled House Bill 2509 (HB 2509-B) Page 201
suspended, regardless of whether or not the person has other
driving privileges granted by this state.
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The offense described in this section is applicable upon
any premises open to the public.
(4) The offense described in this section, infraction driving
while suspended or revoked { - or in violation of hardship or
probationary permit - } , is a Class A traffic infraction except
as otherwise provided in ORS 811.182.
{ + NOTE: + } Clarifies name of offense.
SECTION 229. ORS 811.180 is amended to read:
811.180. The following establishes affirmative defenses in
prosecutions for driving while suspended or revoked { - or in
violation of a hardship permit under - } { + in violation
of + } ORS 811.175 or 811.182 { - or of a probationary permit
under ORS 807.270 - } and describes when the affirmative
defenses are not available:
(1) In addition to other defenses provided by law, including
but not limited to ORS 161.200, it is an affirmative defense to
the offenses described in ORS 811.175 and 811.182 that:
(a) An injury or immediate threat of injury to a human being or
animal, and the urgency of the circumstances made it necessary
for the defendant to drive a motor vehicle at the time and place
in question; or
(b) The defendant had not received notice of the defendant's
suspension or revocation or been informed of the suspension or
revocation by a trial judge who ordered a suspension or
revocation of the defendant's driving privileges or right to
apply.
(2) The affirmative defenses described in subsection (1)(b) of
this section are not available to a defendant under the
circumstances described in this subsection. Any of the evidence
specified in this subsection may be offered in the prosecution's
case in chief. This subsection applies if any of the following
circumstances exist:
(a) The defendant refused to sign a receipt for the certified
mail containing the notice of suspension or revocation.
(b) The notice of suspension or revocation could not be
delivered to the defendant because the defendant failed to comply
with the requirements under ORS 807.560 to notify the Department
of Transportation of a change of address or residence.
(c) At a previous court appearance, the defendant had been
informed by a trial judge that the judge was ordering a
suspension or revocation of the defendant's driving privileges or
right to apply.
(d) The defendant had actual knowledge of the suspension or
revocation by any means prior to the time the defendant was
stopped on the current charge.
(e) The defendant was provided with notice of intent to suspend
under ORS 813.100.
{ + NOTE: + } Clarifies name of offense; deletes incorrect
reference.
SECTION 230. ORS 811.182 is amended to read:
811.182. (1) A person commits the offense of criminal driving
while suspended or revoked { - or in violation of a hardship or
probationary permit - } if the person violates ORS 811.175 and
the suspension or revocation is one described in this section, or
if the hardship or probationary permit violated is based upon a
suspension or revocation described in subsection (3) or (4) of
this section.
Enrolled House Bill 2509 (HB 2509-B) Page 202
(2) Affirmative defenses to the offense described in this
section are established under ORS 811.180.
(3) The crime is a Class C felony if the suspension or
revocation resulted from any of the following:
(a) Habitual offender status under ORS 809.640.
(b) Any degree of murder, manslaughter, criminally negligent
homicide or assault resulting from the operation of a motor
vehicle.
(c) Any crime punishable as a felony with proof of a material
element involving the operation of a motor vehicle.
(d) Failure to perform the duties of a driver under ORS
811.705.
(e) Reckless driving under ORS 811.140.
(f) Fleeing or attempting to elude a police officer under ORS
811.540.
(g) Driving while under the influence of intoxicants under ORS
813.010.
(h) Use of a commercial motor vehicle in the commission of a
crime punishable as a felony.
(4) The crime is a Class A misdemeanor if the suspension or
revocation is any of the following:
(a) A suspension under ORS 809.410 (2) resulting from
commission by the driver of any degree of recklessly endangering
another person, menacing or criminal mischief, resulting from the
operation of a motor vehicle.
(b) A revocation under ORS 809.410 (3) resulting from perjury
or the making of a false affidavit to the Department of
Transportation.
(c) A suspension under ORS 813.410 resulting from refusal to
take a test prescribed in ORS 813.100 or for taking a breath or
blood test the result of which discloses a blood alcohol content
of:
(A) .08 percent or more by weight if the person was not driving
a commercial motor vehicle;
(B) .04 percent or more by weight if the person was driving a
commercial motor vehicle; or
(C) Any amount if the person was under 21 years of age.
(d) A suspension of a commercial driver license or right to
apply for a commercial driver license under ORS 809.410 (18)
resulting from failure to perform the duties of a driver under
ORS 811.700 while driving a commercial motor vehicle.
(e) A suspension of a commercial driver license under ORS
809.400 (3)(b) where the person's commercial driving privileges
have been suspended or revoked by the other jurisdiction for
failure of or refusal to take a chemical test to determine the
alcoholic content of the person's blood under a statute that is
substantially similar to ORS 813.100.
{ + NOTE: + } Clarifies name of offense.
SECTION 231. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating driving
while suspended or revoked or in violation of a hardship or
probationary permit, wherever they occur in Oregon Revised
Statutes, other words designating driving while suspended or
revoked. + }
{ + NOTE: + } Standardizes name of offense throughout
statutes.
SECTION 232. ORS 811.455 is amended to read:
811.455. (1) A person commits the offense of failure to stop
for a railroad signal if the person fails to comply with any of
the following requirements:
Enrolled House Bill 2509 (HB 2509-B) Page 203
(a) A person who is driving a vehicle must stop the vehicle at
a clearly marked stop line on the near side of a railroad
crossing or, if there is no clearly marked stop line, not less
than 15 feet nor more than 50 feet from the nearest rail of the
crossing under any of the following circumstances:
(A) When a clearly visible electric or mechanical signal is
given by a device that warns of the immediate approach of a
railroad train.
(B) Upon the lowering of a crossing gate.
(C) When a signal given by a { - flagperson - }
{ + flagger + } indicates the approach or passage of a railroad
train.
(D) When an approaching train is clearly visible and because of
its nearness to the crossing is an immediate hazard.
(E) When an audible signal is given by an approaching railroad
train because its speed or nearness to the crossing is an
immediate hazard.
(b) A driver who has stopped for the passing of a train at a
railroad grade crossing in accordance with the provisions of this
section shall not proceed across the railroad tracks until the
driver can do so safely.
(c) A person shall not drive any vehicle through, around or
under a crossing gate or barrier at a railroad crossing while the
gate or barrier is closed or is being opened or closed.
(2) The offense described in this section, failure to stop for
a railroad signal, is a Class B traffic infraction.
{ + NOTE: + } Corrects word choice.
SECTION 233. ORS 811.470 is amended to read:
811.470. (1) A person commits the offense of improper movement
of heavy equipment across a rail crossing if the person operates
or moves any equipment described in this section upon or across
any tracks at a railroad grade crossing without complying with
any of the following:
(a) Before moving across the tracks, the person must give
notice of an intended crossing to a responsible officer of the
railroad in time for protection to be given.
(b) Where the railroad has provided a { - flagperson - }
{ + flagger + }, the person operating or moving such equipment
shall obey the direction of the { - flagperson - } { +
flagger + }.
(c) The person operating or moving such equipment must do all
of the following:
(A) The person must stop before making the crossing at a
clearly marked line or, if there is no clearly marked line, not
less than 15 feet nor more than 50 feet from the nearest rail.
(B) While so stopped, the person must look and listen in both
directions along the tracks for approaching trains.
(C) The person shall not proceed across the tracks unless the
crossing can be made safely.
(2) This section applies to the operation of movement across
railroad tracks of any crawler-type tractor, steam shovel,
derrick, roller or any equipment or structure having a normal
operating speed of 10 miles per hour or less or a vertical body
or load clearance of less than one-half inch per foot of the
distance between any two adjacent axles or in any event of less
than nine inches, measured above the level surface of a roadway.
(3) The offense described in this section, improper movement of
heavy equipment across a rail crossing, is a Class B traffic
infraction.
{ + NOTE: + } Corrects word choice.
SECTION 234. ORS 811.550 is amended to read:
Enrolled House Bill 2509 (HB 2509-B) Page 204
811.550. This section establishes places where stopping,
standing and parking a vehicle are prohibited for purposes of the
penalties under ORS 811.555. Except as provided under an
exemption in ORS 811.560, a person is in violation of ORS 811.555
if a person parks, stops or leaves standing a vehicle in any of
the following places:
(1) Upon a roadway outside a business district or residence
district, whether attended or unattended, when it is practicable
to stop, park or leave the vehicle standing off the roadway.
Exemptions under ORS 811.560 (1), (7) and (9) are applicable to
this subsection.
(2) On a shoulder, whether attended or unattended, unless a
clear and unobstructed width of the roadway opposite the standing
vehicle is left for the passage of other vehicles and the
standing vehicle is visible from a distance of 200 feet in each
direction upon the roadway or the person, at least 200 feet in
each direction upon the roadway, warns approaching motorists of
the standing vehicle by use of { - flagpersons - } { +
flaggers + }, flags, signs or other signals. Exemptions under ORS
811.560 (9) are applicable to this subsection.
(3) On the roadway side of a vehicle stopped or parked at the
edge or curb of a highway. Exemptions under ORS 811.560 (7) are
applicable to this subsection.
(4) On a sidewalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(5) Within an intersection. Exemptions under ORS 811.560 (4) to
(7) are applicable to this subsection.
(6) On a crosswalk. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(7) Between a safety zone and the adjacent curb or within 30
feet of points on the curb immediately opposite the ends of a
safety zone, unless a different length is indicated by signs and
markings. For purposes of this subsection the safety zone must be
an area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone. Exemptions under ORS
811.560 (4) to (7) are applicable to this subsection.
(8) Alongside or opposite a street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
Exemptions under ORS 811.560 (4) to (7) are applicable to this
subsection.
(9) Upon a bridge or other elevated structure upon a highway.
Exemptions under ORS 811.560 (4) to (8) are applicable to this
subsection.
(10) Within a highway tunnel. Exemptions under ORS 811.560 (4)
to (7) are applicable to this subsection.
(11) On any railroad tracks or within seven and one-half feet
of the nearest rail at a time when the parking of vehicles would
conflict with railroad operations or repair of the railroad
tracks. Exemptions under ORS 811.560 (4) to (7) are applicable to
this subsection.
(12) On a throughway. Exemptions under ORS 811.560 (4) to (7)
are applicable to this subsection.
(13) In the area between roadways of a divided highway,
including crossovers. Exemptions under ORS 811.560 (4) to (7) are
applicable to this subsection.
(14) At any place where traffic control devices prohibit
stopping. Exemptions under ORS 811.560 (4) to (7) are applicable
to this subsection.
Enrolled House Bill 2509 (HB 2509-B) Page 205
(15) In front of a public or private driveway. Exemptions under
ORS 811.560 (2) and (4) to (7) are applicable to this subsection.
(16) Within 10 feet of a fire hydrant. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(17) Within 20 feet of a crosswalk at an intersection.
Exemptions under ORS 811.560 (2) and (4) to (7) are applicable to
this subsection.
(18) Within 50 feet upon the approach to an official flashing
signal, stop sign, yield sign or traffic control device located
at the side of the roadway if the standing or parking of a
vehicle will obstruct the view of any traffic control device
located at the side of the roadway. Exemptions under ORS 811.560
(2) and (4) to (7) are applicable to this subsection.
(19) Within 15 feet of the driveway entrance to a fire station
and on the side of a street opposite the entrance to a fire
station, within 75 feet of the entrance. Exemptions under ORS
811.560 (2) and (4) to (7) are applicable to this subsection.
(20) At any place where traffic control devices prohibit
standing. Exemptions under ORS 811.560 (2) and (4) to (7) are
applicable to this subsection.
(21) Within 50 feet of the nearest rail of a railroad crossing.
Exemptions under ORS 811.560 (3) to (7) are applicable to this
subsection.
(22) At any place where traffic control devices prohibit
parking. Exemptions under ORS 811.560 (3) to (7) are applicable
to this subsection.
(23) On a bicycle lane. Exemptions under ORS 811.560 are
applicable to this subsection.
(24) On a bicycle path. Exemptions under ORS 811.560 are
applicable to this subsection.
{ + NOTE: + } Corrects word choice in (2).
SECTION 235. ORS 813.604 is amended to read:
813.604. (1) When a court orders installation of an ignition
interlock device pursuant to ORS 813.602, the court shall send a
copy of the order to the Department of Transportation. The
department shall note the requirement on the driving record of
the person required to install the device.
(2) The department may not issue a hardship permit under ORS
807.240 to any person who is ordered to install an ignition
interlock device on the person's vehicle until the person
furnishes the department satisfactory proof that the device has
been installed on any vehicle owned or operated by the person.
The department shall determine by rule what constitutes
satisfactory proof under this subsection.
(3) When the department issues a hardship permit to a person
who is required to have an ignition interlock device, the
department shall note on the permit that the device is required.
The notation constitutes a limitation on the permit and a person
who violates the limitation is punishable as provided in ORS
811.182 for { + criminal + } driving { - in violation of a
hardship permit - } { + while suspended or revoked + }.
{ + NOTE: + } Corrects name of offense.
SECTION 236. ORS 821.060 is amended to read:
821.060. (1) The Department of Transportation shall provide for
the issuance of titles for snowmobiles and Class I all-terrain
vehicles required to be titled under ORS 821.070. The following
provisions relating to titling shall be the same for snowmobiles
and Class I all-terrain vehicles as for other vehicles:
(a) Fee for issuance.
(b) Provisions relating to transfer, including security
interests and other types of transfer, fees for transfer, time
Enrolled House Bill 2509 (HB 2509-B) Page 206
limits for transfer and responsibility for making transfer and
submitting documents.
(c) Information required to be placed on a title, except where
the department determines such information would be
inappropriate.
(d) Party to whom title is issued upon original issuance or
transfer.
(e) Validity times and requirements.
(f) Provisions contained in ORS 819.010 to 819.040.
(g) Any provisions relating to title that are applicable to
other vehicles under the vehicle code and that the department
determines, by rule, to be necessary to assure that the titling
of snowmobiles and Class I all-terrain vehicles is administered
in the same manner and has the same effect as the titling of
other vehicles.
(h) Provisions relating to salvage titles.
(2) Application for issuance of title for a snowmobile or a
Class I all-terrain vehicle shall be made in the manner and in a
form prescribed by the department. The department may require any
information in the application the department determines is
reasonably necessary to determine ownership or right to title for
a snowmobile or a Class I all-terrain vehicle. The department may
provide for application for title separately from or with
application for snowmobile or Class I { + all-terrain + }
vehicle registration or in any way the department determines
appropriate.
(3) Dealers issued certificates under ORS 822.020 who sell
snowmobiles shall accept application and fees for title of a
snowmobile from each purchaser of a new or used snowmobile in a
manner required by the department.
(4) Dealers issued certificates under ORS 822.020 who sell
Class I all-terrain vehicles shall accept application and fees
for title of a Class I all-terrain vehicle from each purchaser of
a new or used vehicle in a manner required by the department.
{ + NOTE: + } Clarifies type of registration.
SECTION 237. ORS 823.023 is amended to read:
823.023. (1) The Department of Transportation or authorized
representatives may enter upon any premises, or any equipment,
rolling stock or facilities operated or occupied by any motor
carrier or railroad for the purpose of making any inspection,
examination or test reasonably required in the administration of
{ - chapter 733, Oregon Laws 1995 - } { + ORS chapters 823,
824, 825 and 826 + }, and to set up and use on such premises,
equipment, rolling stock or facilities any apparatus or appliance
and occupy reasonable space therefor.
(2) The department or authorized representatives shall, upon
demand, have the right to inspect the books, accounts, papers,
records and memoranda of any motor carrier or railroad and to
examine under oath any officer, agent or employee of such motor
carrier or railroad in relation to its business and affairs.
(3) Any person who on behalf of the department makes demand of
a motor carrier or railroad for an examination, inspection or
test shall, upon request therefor, produce a certificate under
the seal of the department showing authority to make such
examination, inspection or test.
(4) The department or authorized representatives shall, upon
demand, have the right to enter any premises of a business that
the department has reasonable cause to believe tendered for
shipment, by motor or rail, any hazardous material and to make
any examination, inspection or test reasonably required to
determine compliance with the health and safety regulations
Enrolled House Bill 2509 (HB 2509-B) Page 207
administered or enforced by the department. Any person, who on
behalf of the department demands to make an examination,
inspection or test, shall produce upon request a certificate
under the seal of the department showing authority to make the
examination, inspection or test.
(5) Nothing in this section authorizes the department to use
any information developed thereunder for any purpose inconsistent
with any statute governing motor carriers or railroads and
administered by the department or to make a disclosure thereof
for other than regulatory purposes.
{ + NOTE: + } Inserts appropriate ORS chapter references.
SECTION 238. ORS 823.027 is amended to read:
823.027. (1) Every motor carrier and railroad shall furnish to
the Department of Transportation all information required by the
department to carry into effect the provisions of { - chapter
733, Oregon Laws 1995, - } { + ORS chapters 823, 824, 825 and
826 + } and shall make specific answers to all questions
submitted by the department.
(2) If a motor carrier or railroad is unable to furnish any
information required under subsection (1) of this section for any
reason beyond its control, it is a good and sufficient reason for
such failure. The answer or information shall be verified under
oath and returned to the department at the department's office
within the period fixed by the department.
{ + NOTE: + } Inserts appropriate ORS chapter references.
SECTION 239. ORS 823.085 is amended to read:
823.085. (1) Any motor carrier or railroad that does, or causes
or permits to be done, any matter, act or thing prohibited by
{ - chapter 733, Oregon Laws 1995 - } { + ORS chapters 823,
824, 825 and 826 + }, or omits to do any act, matter or thing
required to be done by { - chapter 733, Oregon Laws 1995 - }
{ + ORS chapters 823, 824, 825 and 826 + }, is liable to the
person injured thereby in the amount of damages sustained in
consequence of such violation. If the party seeking damages
alleges and proves that the wrong or omission was the result of
gross negligence or willful misconduct, the motor carrier or
railroad is liable to the person injured thereby in treble the
amount of damages sustained in consequence of the violation. The
court may award reasonable attorney fees to the prevailing party
in an action under this section.
(2) Any recovery under this section does not affect recovery by
the state of the penalty, forfeiture or fine prescribed for such
violation.
(3) This section does not apply with respect to the liability
of any motor carrier or railroad for personal injury or property
damage.
{ + NOTE: + } Inserts appropriate ORS chapter references.
SECTION 240. ORS 823.087 is amended to read:
823.087. (1) The remedies and enforcement procedures provided
in { - chapter 733, Oregon Laws 1995, - } { + ORS chapters
823, 824, 825 and 826 + } do not release or waive any right of
action by the state or by any person for any right, penalty or
forfeiture that may arise under any law of this state or under an
ordinance of any municipality thereof.
(2) All penalties and forfeitures accruing under said statutes
and ordinances are cumulative and a suit for and recovery of one,
shall not be a bar to the recovery of any other penalty.
(3) The duties and liabilities of the motor carriers or
railroads shall be the same as are prescribed by the common law,
and the remedies against them the same, except where otherwise
provided by the Constitution or statutes of this state, and the
Enrolled House Bill 2509 (HB 2509-B) Page 208
provisions of { - chapter 733, Oregon Laws 1995, - } { + ORS
chapters 823, 824, 825 and 826 + } are cumulative thereto.
{ + NOTE: + } Inserts appropriate ORS chapter references.
SECTION 241. ORS 823.101 is amended to read:
823.101. (1) Any { - common - } { + for-hire + } carrier,
railroad or transportation company receiving property for
transportation wholly within this state, from one point in this
state to another point in this state, shall issue in accordance
with the applicable provisions of ORS chapter 77 a receipt or
bill of lading therefor, and shall be liable to the lawful holder
thereof for any loss, damage or injury to such property caused by
it, or by any common carrier to which such property may be
delivered, or over whose line or lines such property may pass,
when transported on a through bill of lading. No contract,
receipt, rule, regulation or other limitation of any character
whatsoever shall exempt such
{ - common - } { + for-hire + } carrier, railroad or
transportation company from such liability.
(2) Any { - common - } { + for-hire + } carrier, railroad
or transportation company so receiving property for
transportation wholly within this state shall be liable to the
lawful holder of such receipt or bill of lading, or to any party
entitled to recover thereon, whether such receipt or bill of
lading has been issued or not, for the full actual loss, damage
or injury to such property caused by it, or by any common carrier
to which such property may be delivered, or over whose line such
property may pass when transported on a through bill of lading,
notwithstanding any limitation of liability or limitation of the
amount of recovery, or representation or agreement as to value in
any such receipt or bill of lading, or in any contract, rule or
regulation, or in any tariff filed with the Department of
Transportation; and any such limitation, irrespective of the
manner or form in which it is sought to be made, is unlawful and
void.
(3) The provisions of subsection (2) of this section respecting
liability for full actual loss, damage or injury, shall not
apply:
(a) To baggage carried on passenger trains or boats, or trains
or boats carrying passengers.
(b) To property, except ordinary livestock, concerning which
the carrier is expressly authorized or required by order of the
Department of Transportation to establish and maintain rates
dependent upon the value declared in writing by the shipper or
agreed upon in writing as the released value of the property. '
Ordinary livestock' includes all cattle, swine, sheep, goats,
horses and mules, except such as are chiefly used for breeding,
racing, show purposes or other special uses.
(4) The Department of Transportation may make the order
referred to in subsection (3)(b) of this section in cases where
rates dependent upon and varying with declared or agreed values
would, in the opinion of the department, be just and reasonable
under the circumstances and conditions surrounding the
transportation. Any tariff schedule filed with the department
pursuant to such order shall contain specific reference thereto
and may establish rates varying with the value so declared and
agreed upon.
{ + NOTE: + } Corrects terminology.
SECTION 242. ORS 823.103 is amended to read:
823.103. No { - common - } { + for-hire + } carrier,
railroad or transportation company referred to in ORS 823.101
shall provide by rule, contract, regulation or otherwise a
Enrolled House Bill 2509 (HB 2509-B) Page 209
shorter period for filing claims described in ORS 823.101 than
the following:
(1) Nine months after delivery of property or nine months after
reasonable time for delivery has elapsed for filing of claims in
writing.
(2) Two years for the institution of suits. The period for
institution of suits shall be computed from the day when notice
is given by the carrier to the claimant that the carrier has
disallowed all or any part of the claim specified in the notice.
{ + NOTE: + } Corrects terminology.
SECTION 243. ORS 823.991 is amended to read:
823.991. (1) Any motor carrier or railroad that fails to comply
with an order or subpoena issued pursuant to ORS 823.025 shall
forfeit, for each day it so fails, a sum of not less than $50 nor
more than $500.
(2) Except where a penalty is otherwise provided by law, any
motor carrier or railroad shall forfeit a sum of not less than
$100 nor more than $10,000 for each time that the motor carrier
or railroad:
(a) Violates any statute regarding motor carriers or railroads,
as appropriate, administered by the Department of Transportation;
(b) Does any act prohibited, or fails to perform any duty
enjoined upon the motor carrier or railroad;
(c) Fails to obey any lawful requirement or order made by the
department; or
(d) Fails to obey any judgment or decree made by any court upon
the application of the department.
(3) Violation of ORS 823.029 is punishable, upon conviction, by
a fine of not less than $1,000 for each offense. A penalty of not
less than $500 nor more than $1,000 shall be recovered from the
motor carrier or railroad for each such offense when such
officer, agent or employee acted in obedience to the direction,
instruction or request of the motor carrier or railroad, or any
general officer thereof.
(4) Violation of ORS 823.051 is punishable, upon conviction, by
a fine of not more than $100 or imprisonment for not more than 30
days, or both. Any motor carrier or railroad that knowingly
permits the violation of ORS 823.051 shall forfeit, upon
conviction, not more than $1,000 for each offense.
(5) In construing and enforcing this section, the act, omission
or failure of any officer, agent or other person acting for or
employed by any motor carrier or railroad shall in every case be
deemed to be the act, omission or failure of such motor carrier
or railroad. With respect to any violation of any statute
administered by the department regarding motor carriers or
railroads, any penalty provision applying to such a violation by
a motor carrier or railroad shall apply to such a violation by
any other person.
(6) Except when provided by law that a penalty, fine,
forfeiture or other sum be paid to the aggrieved party { + , + }
all penalties, fines or forfeitures collected from persons
subject to the regulatory authority { + of + } the department
under { - chapter 733, Oregon Laws 1995, - } { + ORS chapters
823, 824, 825 and 826 + } shall be paid into the General Fund and
credited to the Motor Carrier Account if collected from a motor
carrier and to the Railroad Fund created under ORS 824.014 (1) if
collected from a railroad.
(7) Violation of ORS 823.105 is punishable, upon conviction, by
a fine of not more than $5,000 for each offense.
{ + NOTE: + } Inserts appropriate ORS chapter references;
corrects grammar and punctuation.
Enrolled House Bill 2509 (HB 2509-B) Page 210
SECTION 244. { + Notwithstanding any other provision of law,
ORS 823.991 (7) shall not be considered to have been added to or
made a part of ORS 823.101 to 823.107 for the purpose of
statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that series. + }
{ + NOTE: + } Removes subsection from inappropriate series.
SECTION 245. ORS 824.018 is amended to read:
824.018. (1) There is established in the State Highway Fund an
account to be known as the Grade Crossing Protection Account.
There shall be credited to the account each fiscal year, from
funds received by the State Highway Fund from the registration of
vehicles and licensing of drivers under the Oregon Vehicle Code,
the sum of $300,000 plus an amount equal to 50 percent of the
cost of carrying out the duties, functions and powers imposed
upon the Department of Transportation by ORS 824.018 and 824.200
to 824.258. State-shared highway fund revenues for cities and
counties, as well as Department of Transportation expenditures
for the elimination of hazardous railroad-highway crossings,
shall be computed and allocated prior to any appropriation or
transfer to the account. The amount of $300,000 credited to the
account is continuously appropriated and shall be expended for
railroad-highway crossing safety as authorized by ORS 824.242 to
824.248 and subsection (2) of this section. The amount credited
to the account for paying the cost of carrying out the duties,
functions and powers of the department by ORS 824.018 and 824.200
to 824.258 is transferred and appropriated to the Department of
Transportation and shall be used as provided in ORS 824.010 (3).
No more than $100,000 in the aggregate shall be allocated from
the account in any one fiscal year for costs of construction,
reconstruction, alteration or relocation of separated crossings;
provided however the unapportioned amount in the Grade Crossing
Protection Account at the end of each fiscal year may be
allocated for costs of reconstruction, alteration or relocation
of separated crossings.
(2) Moneys credited to the account may also be allocated for
such highway purposes as the Department of Transportation deems
appropriate in order to enhance safety at railroad-highway
crossings. The Department of Transportation may allocate no more
than $100,000 annually to railroads to defray the costs of
maintenance of protective devices at railroad-highway crossings.
{ + (3) As used in this section, 'highway,' 'maintenance
costs,' 'protective device' and 'railroad' have the meaning given
those terms in ORS 824.200. + }
{ + NOTE: + } Clarifies definition of terms.
SECTION 246. ORS 824.112 is amended to read:
824.112. (1) In addition to all other penalties provided by
law:
(a) Every person who violates or who procures, aids or abets in
the violation of ORS 824.060, 824.084 { + , + } { - or - }
824.088 { + , 824.304 (1) or 824.306 (1) + } or any order, rule
or decision of the Department of Transportation shall incur a
civil penalty of not more than $1,000 for every such violation.
(b) Every person who violates or who procures, aids or abets in
the violation of any order, rule or decision of the department
promulgated pursuant to ORS 824.052 (1), 824.056 (1) { + ,
824.068, + }
{ - or - } 824.082 (1) { + or 824.208 + } shall incur a civil
penalty of not more than $1,000 for every such violation.
(2) Each such violation shall be a separate offense and in case
of a continuing violation every day's continuance is a separate
Enrolled House Bill 2509 (HB 2509-B) Page 211
violation. Every act of commission or omission { - which - }
{ + that + } procures, aids or abets in the violation is a
violation under
{ - subsections (1) to (4) - } { + subsection (1) + } of this
section and subject to the penalty provided in { - subsections
(1) to (4) - } { + subsection (1) + } of this section.
(3) Civil penalties imposed under { - subsections (1) to
(4) - } { + subsection (1) + } of this section shall be imposed
in the manner provided in ORS 183.090.
(4) The department may reduce any penalty provided for in
{ - subsections (1) to (4) - } { + subsection (1) + } of this
section on such terms as the department considers proper if:
(a) The defendant admits the violations alleged in the
complaint and makes timely request for reduction of the penalty;
or
(b) The defendant submits to the department a written request
for reduction of the penalty within 15 days from the date the
penalty order is served.
{ - (5) Every person who violates or procures, aids or abets
in violation of any order, rule or decision of the Department of
Transportation under ORS 824.068 shall incur a civil penalty of
not more than $1,000 for every such violation. - }
{ - (6) Each such violation shall be a separate offense and,
in case of a continuing violation, every day's continuance is a
separate violation. Every act of commission or omission which
procures, aids or abets in the violation is a violation under
subsections (5) to (8) of this section and subject to the penalty
provided in subsections (5) to (8) of this section. - }
{ - (7) Civil penalties imposed under subsections (5) to (8)
of this section shall be imposed in the manner provided in ORS
183.090. - }
{ - (8) The department may reduce any penalty provided for in
subsections (5) to (8) of this section on such terms as the
department considers proper if: - }
{ - (a) The defendant admits the violations alleged in the
complaint and makes timely request for reduction of the penalty;
or - }
{ - (b) The defendant submits to the department a written
request for reduction of the penalty within 15 days from the date
the penalty order is served. - }
{ + NOTE: + } Deletes redundant provisions; incorporates
penalty provisions of ORS 824.258 and 824.312; adjusts internal
references.
SECTION 247. { + (1) ORS 824.112 is added to and made a part
of ORS chapters 823, 824, 825 and 826.
(2) Notwithstanding any other provision of law, ORS 824.112
shall not be considered to have been added to or made a part of
ORS 824.050 to 824.114 for the purpose of statutory compilation
or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 248. ORS 824.114 is amended to read:
824.114. (1) Violation of ORS 824.062 is punishable, upon
conviction, by a fine of not more than $100 for each offense.
(2) Violation of ORS 824.064 is a misdemeanor.
(3) Violation of ORS 824.082 (1), 824.084 or 824.088 by a
railroad is punishable by a fine of not more than $500.
(4) Violation of ORS 824.082 (2) is punishable by a fine of not
more than $500.
Enrolled House Bill 2509 (HB 2509-B) Page 212
(5) As used in subsection (3) of this section, 'railroad '
means a railroad as defined by ORS 824.020 and 824.022.
(6) Violation of ORS 824.104 (1), 824.106 { - and - }
{ + or + } 824.108 or any rule promulgated pursuant thereto is
punishable, upon conviction, by a fine of not less than $100 nor
more than $500.
(7) A person is subject to the penalties under
{ - subsections (7) and - } { + subsection + } (8) of this
section if the person knowingly:
(a) Transports by railroad any hazardous waste listed under ORS
466.005 or rules adopted thereunder to a facility that does not
have appropriate authority to receive the waste under ORS 466.005
to 466.385 and 466.890.
(b) Disposes of any hazardous waste listed under ORS 466.005 or
rules adopted thereunder without appropriate authority under ORS
466.005 to 466.385 and 466.890.
(c) Materially violates any terms of permit or authority issued
to the person under ORS 466.005 to 466.385 and 466.890 in the
transporting or disposing of hazardous waste.
(d) Makes any false material statement or representation in any
application, label, manifest, record, report, permit or other
document filed, maintained or used for purposes of compliance
with requirements under ORS 824.050 to 824.114 for the safe
transportation of hazardous wastes.
(e) Violates any rules adopted by the Department of
Transportation concerning the transportation of hazardous wastes.
(8) Violation of { - subsections (7) and (8) - }
{ + subsection (7) + } of this section is subject to the penalty
of a fine of not more than $10,000 for each day of violation,
imprisonment of not more than six months, or both.
{ + (9) Violation of ORS 824.300 or 824.302 is punishable,
upon conviction, by a fine of not less than $20 nor more than
$100 for each offense.
(10) Violation of ORS 824.304 is punishable, upon conviction,
by a fine of not less than $500 nor more than $2,000.
(11) Violation of ORS 824.306 by any railroad company or
officer or agent thereof, or any other person is punishable, upon
conviction, by a fine of not less than $50 nor more than $100.
Each day's violation is a separate offense. + }
{ + NOTE: + } Incorporates penalty provisions of ORS 824.314;
adjusts internal references.
SECTION 249. { + (1) ORS 824.114 is added to and made a part
of ORS chapters 823, 824, 825 and 826.
(2) Notwithstanding any other provision of law, ORS 824.114
shall not be considered to have been added to or made a part of
ORS 824.050 to 824.114 for the purpose of statutory compilation
or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
{ + NOTE: + } Removes section from inappropriate series.
SECTION 250. ORS 824.206 is amended to read:
824.206. (1) The Department of Transportation, upon application
by a railroad { - , - } { + or + } the public authority in
interest,
{ - the Department of Transportation, - } or upon the
department's own motion, subsequent to a hearing, unless a
hearing is not required under ORS 824.214, and upon finding that
such action is required by the public safety, necessity,
convenience and general welfare may:
(a) Eliminate a grade crossing by relocation of the highway;
Enrolled House Bill 2509 (HB 2509-B) Page 213
(b) Alter or abolish any grade crossing or change the location
thereof, or require a separation of grades at any such crossing;
(c) Alter or change any existing crossing at separated grades;
and
(d) Require installation or alteration of protective devices.
(2) The department shall prescribe the time and manner of such
alteration, change, installation or alteration, and the terms and
conditions thereof.
{ + NOTE: + } Eliminates unnecessary reference to state
agency.
SECTION 251. ORS 824.212 is amended to read:
824.212. (1) The Department of Transportation shall adopt
regulations prescribing specifications for the construction and
maintenance of railroad-highway crossings, both at grade level
and at separated grades. The specifications shall be developed in
consultation with { - the Department of Transportation and - }
representatives of cities and counties { - , - } and shall
conform to nationally recognized and commonly used standards to
{ - insure - } { + ensure + } that the crossings are
constructed and maintained in a manner that conforms to the
public safety, necessity, convenience and general welfare,
including but not limited to the projected transportation needs.
(2) Specifications for separate crossings adopted under
subsection (1) of this section do not apply to crossings in
existence on the effective date of the regulation prescribing the
specifications. However, within a reasonable period after the
effective date, crossings shall be altered or reconstructed to
comply with the regulations in effect at the time of the
alteration or reconstruction.
(3) Priorities for such alterations or reconstruction shall be
established by the Department of Transportation, based upon the
expressed need of the public authority in interest, and upon such
other factors as danger or inconvenience to motorists, age of the
structure, frequency of reported accidents and degree of
noncompliance with regulations.
(4) If the public authority in interest or the railroad company
fails to so alter or reconstruct a crossing, the department,
after notice and hearing, shall order the alteration or
reconstruction and proceed in accordance with ORS 824.216.
{ + NOTE: + } Eliminates unnecessary reference to state
agency; corrects grammar.
SECTION 252. ORS 824.214 is amended to read:
824.214. (1) Proceedings to carry out ORS 824.200, 824.204,
824.206, 824.210 to 824.218, 824.224, 824.226 to 824.230,
824.238, 824.240 and 824.256, including the right to review any
order of the Department of Transportation, shall be substantially
the same as that prescribed in ORS chapter 756. If the final
order of the department, in a proceeding initiated under ORS
824.206 or 824.226 by a city or county is appealed and the city
or county prevails, it shall be entitled to costs and reasonable
attorney fees.
(2) The department may adopt rules to govern the procedure, and
to regulate the mode and manner of all investigations and
hearings under ORS 824.200, 824.204, 824.206, 824.210 to 824.218,
824.224, 824.226 to 824.230, 824.238, 824.240 and 824.256. Upon
good cause appearing therefor and when no issue has been raised
by the parties to the proceeding, or when all issues raised have
been resolved between the parties, the department may, upon such
conditions as the department may prescribe, enter an order
granting or denying the authority or relief requested without the
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hearing otherwise required under ORS 824.018 and 824.200 to
824.258.
(3) The authority granted the department by ORS 824.018 and
824.200 to 824.258 is in addition to and not in lieu of the
authority of { - the Department of Transportation or of - }
any city, county or other political subdivision of the state to
use other remedies and procedures to provide public highways for
the traveling public.
{ + NOTE: + } Eliminates unnecessary reference to state
agency.
SECTION 253. ORS 824.218 is amended to read:
824.218. All work and the material for work done under ORS
824.200, 824.204, 824.206, 824.210 to 824.218, 824.226 to
824.230, 824.238, 824.240 and 824.256 within the limits of
railroad rights of way shall, if the railroad company so desires,
be furnished and done by the railroad company. However, the
Department of Transportation shall have supervision of the work
and may decide the kind of material to be used { - ; provided,
that with respect to state highways, the work shall be done under
the direct supervision of the Department of Transportation - } .
{ + NOTE: + } Deletes redundant provision.
SECTION 254. ORS 824.220 is amended to read:
824.220. The Department of Transportation shall adopt rules
prescribing specifications for the design and location of
protective devices. { - Specifications for the design and
location of protective devices to be installed on or adjacent to
the highway in advance of a railroad-highway grade crossing shall
conform to standards adopted by the department. Specifications
for all other protective devices shall be adopted in consultation
with the department. - }
{ + NOTE: + } Deletes redundant provisions.
SECTION 255. ORS 824.224 is amended to read:
824.224. (1) At every farm or private grade crossing of a
railroad where no automatic grade crossing protective device is
installed, the railroad shall cause to be installed and
maintained, as a means of protecting the crossing, one or more
stop signs.
(2) The Department of Transportation shall, after hearing,
unless hearing is not required under ORS 824.214, prescribe the
number, type and location of the stop signs and may exempt a farm
or private grade crossing if the department finds that the
installation of such sign or signs at the crossing would create a
hazard or dangerous condition that would not otherwise exist.
(3) After notice to any affected landowner and opportunity for
a hearing, unless a hearing is not required under ORS 824.214,
the Department of Transportation may alter, relocate or close any
farm or private grade crossing on any line designated as a high
speed rail system.
(4) { - In any proceeding under subsection (3) of this
section, the Department of Transportation shall make the
Department of Transportation a party, even if the proceeding
relates to a farm or private grade crossing which does not cross
a roadway under the jurisdiction of the department. - } If the
department decides to alter, relocate or close a farm or private
grade crossing in such a manner as to constitute a taking of
private property, the department shall { - order the department
to - } exercise its power of eminent domain to acquire such
property as is necessary to carry out the department's order. A
department order under this subsection shall constitute a
resolution of necessity for exercise of the department's power of
eminent domain.
Enrolled House Bill 2509 (HB 2509-B) Page 215
(5) If the department { - of Transportation - } exercises
its power of eminent domain under subsection (4) of this section,
the department shall use any combination of state or federal
funds allocated for high speed rail systems to pay any settlement
with or judgment in favor of an owner of a farm or private grade
crossing. The department shall have discretion to determine
whether to reach a settlement with an owner of a farm or private
grade crossing.
(6) The costs of implementing a department order issued under
subsection (3) of this section shall be apportioned to any
combination of state or federal funds specifically allocated for
high speed rail systems as the department determines appropriate
in order to eliminate farm or private grade crossings or to
enhance safety at such crossings.
{ + NOTE: + } Deletes redundant provisions.
SECTION 256. ORS 824.254 is amended to read:
824.254. (1) Upon issuance of an order apportioning costs to
the Grade Crossing Protection Account, the railroad company or
the public authority in interest may submit to the Department of
Transportation progress claims, not to exceed 80 percent of the
apportionment, for reimbursement for the cost of labor, and other
services provided to date of billing, and for the costs of
materials stockpiled at the project site or specifically
purchased and delivered for use on the project. Upon completion
of the construction, reconstruction or alteration of a crossing,
or of the installation or alteration of grade crossing warning or
safety devices at a crossing, the railroad company or the public
authority in interest shall present to the department for
approval its claim for reimbursement for the costs thereof in the
amount apportioned to the Grade Crossing Protection Account less
progress payments previously made. { - The department shall, if
the department approves the claim, certify to the Department of
Transportation that such cost is payable from the account
and, - } When a claim is
{ - so - } approved { - and certified by the department - }
, the department
{ - of Transportation - } shall, as funds become available,
order { - it - } { + the claim + } paid from the account.
(2) The department may make such audit as the department
considers necessary before or after each such disbursement for
the purpose of determining that the money is expended for the
purposes and under the conditions authorized by ORS 824.242 to
824.248. By presentation of its claim, the railroad company and
the public authority consent to make pertinent records showing
costs of labor and materials available to the department.
{ + NOTE: + } Deletes redundant provisions.
SECTION 257. { + ORS 824.258 is repealed. + }
{ + NOTE: + } Deletes provisions incorporated into ORS
824.112.
SECTION 258. ORS 824.300 is amended to read:
824.300. No person or officer of court operating any railroad
or railway in this state engaged as a common carrier in the
transportation of freight or passengers shall operate over its
road, or any part thereof, in excess of 15 continuous miles, or
suffer or permit to be run over the same, outside of yard
switching limits, any passenger, mail or express train propelled
by any form of motive power and consisting of four or more cars
with less than a full passenger crew consisting of one engineer,
one { - fireman - } { + apprentice engineer + }, one
conductor, one brakeman and one { - flagman - } { +
flagger + }. None of said crew shall be required or permitted to
Enrolled House Bill 2509 (HB 2509-B) Page 216
perform the duties of train { - baggageman - } { + baggage
handler + } or express messenger while on such road. This section
shall not apply to operations in which lesser crew requirements
are established by agreement between the common carrier and the
organizations representing railroad employees.
{ + NOTE: + } Deletes gender-specific language.
SECTION 259. ORS 824.302 is amended to read:
824.302. The { - flagman - } { + flagger + } in the crews
required under ORS 824.300 shall have had at least six months'
experience in train service.
{ + NOTE: + } Deletes gender-specific language.
SECTION 260. { + ORS 824.312 and 824.314 are repealed. + }
{ + NOTE: + } Deletes provisions incorporated into ORS
824.112 and 824.114.
SECTION 261. { + ORS 825.018 is added to and made a part of
ORS chapter 825. + }
{ + NOTE: + } Adds section to appropriate chapter series.
SECTION 262. ORS 825.024 is amended to read:
825.024. (1) Except as provided in ORS 825.026 or as otherwise
provided in this section, this chapter does not apply to a motor
vehicle or combination owned or leased by a farmer who meets the
qualifications under ORS 805.310 if the vehicle or combination:
(a) Is used for transportation described under ORS 805.390.
(b) Is used for transporting sand, gravel, rock, dirt, debris,
cinders or asphaltic concrete mix to a project of a district or
corporation organized under ORS chapter 545, 547 or 554 when the
project is being constructed on land owned or leased by the
farmer and the materials are directly related to the construction
of the project.
(c) Has three or fewer axles and is used in part to provide
transportation services for hire when such services relate to the
farm of another and are services that the vehicle owner could
perform in the operation of the owner's farm under farm vehicle
registration issued under ORS 805.300 or with the farm device
issued under ORS 805.400.
(d) Is a combination of a pickup truck and a trailer and is
used in part to provide transportation services for hire when
such services relate to the farm of another and are services that
the vehicle owner could perform in the operation of the owner's
farm under farm vehicle registration issued under ORS 805.300 or
with the farm device issued under ORS 805.400.
(2) Vehicles or combinations that have a combined weight of
more than 80,000 pounds and that either are registered under ORS
805.300 or have a farm device issued under ORS 805.400 are
subject to the provisions of ORS 825.210, 825.250 and 825.252.
(3) Any farmer with a vehicle registered under ORS 805.300, or
with a farm device issued under ORS 805.400, may obtain a permit
under ORS 825.102 that will authorize partial use of the vehicle
to provide transportation services for hire.
(4) Any person issued a permit as described in subsection (3)
of this section must comply with record keeping requirements and
reporting requirements that the Department of Transportation
determines necessary for the department to administer this
section. The department may deny the exemptions from provisions
of this chapter provided to persons issued permits as described
in subsection (3) of this section if a person fails to comply
with record keeping requirements.
{ - (5) The Department of Transportation shall coordinate the
administration and enforcement of this section with the
department's administration and enforcement of registration
issued under ORS 805.390 and 805.400 to assure that the purpose
Enrolled House Bill 2509 (HB 2509-B) Page 217
of this section, ORS 805.390 and 805.400 is followed and to
assure that the sections are not administered and enforced in a
contradictory way. - }
{ + NOTE: + } Deletes redundant provision.
SECTION 263. ORS 825.206 is amended to read:
825.206. A person engaged exclusively in the conduct of
interstate transportation shall:
(1) Observe and comply with the laws of this state regulating
traffic on its highways, or the operation of motor vehicles
thereon, or limiting the size, weight or speed of motor vehicles;
and
(2) Observe and comply with the laws of this state and with the
orders, rules and regulations of the Department of
Transportation, { - the department, - } county courts, boards
of county commissioners and municipal authorities to protect the
highways from substantial damage and to promote safety to other
users thereof, to adjacent property and facilities and to the
public.
{ + NOTE: + } Deletes redundant language.
SECTION 264. ORS 825.230 is amended to read:
825.230. (1) The Department of Transportation shall, in issuing
certificates or permits, classify the applicants as to their
proper class under the law and no carrier shall operate in a
different class without certificate or permit from the
department.
(2) An authorized for-hire carrier may act as a private carrier
without separate or additional authority.
(3) For-hire carriers may interchange equipment upon which an
identification plate or marker has been issued by the department
and such identification plate or marker may remain on the
equipment and no transfer of registration with { - either - }
the department { - of Transportation or the department - }
shall be required, provided that such interchange shall be
permitted only in accordance with rules adopted by the department
pertaining to insurance coverage, accounts, records, reports,
operations and practices thereof.
(4) If, after notice and hearing, the department finds that any
carrier is operating in a class other than that for which the
certificate or permit is issued, the department shall revoke or
suspend the certificate or permit, or order the carrier to cease
and desist the illegal or irregular practices found.
{ + NOTE: + } Deletes redundant language.
SECTION 265. ORS 825.232 is amended to read:
825.232. (1) The Department of Transportation shall, by general
order or otherwise, prescribe and enforce rules in conformity
with this chapter to better accomplish the enforcement of its
provisions, which shall cover and include for-hire carriers and
private carriers and their operations.
(2) The department may make such subdivisions of the carriers,
as classified in this chapter, as in the opinion of the
department may work to the efficient administration of this
chapter and shall do all things necessary to carry out and
enforce its provisions.
(3) All rules made by the department pursuant to this chapter
and filed in the office of the department have the force and
effect of law.
(4) This section does not restrict the powers of { - the
Department of Transportation or - } the county courts or boards
of county commissioners under existing laws and amendments
thereof.
Enrolled House Bill 2509 (HB 2509-B) Page 218
(5) Without restricting the general powers conferred upon the
department to prescribe and enforce rules, the department is
vested with special authority with respect to the matters listed
in ORS 825.204, 825.210 and 825.212.
{ + NOTE: + } Eliminates unnecessary reference to state
agency.
SECTION 266. ORS 825.330 is amended to read:
825.330. No part of the funds produced by this chapter shall be
used by the Department of Transportation directly or indirectly:
(1) For the purpose of investigating the rules, charges,
practice or service of any carrier by rail.
(2) In the administration or enforcement of any law or
authority over any carrier by rail.
{ - (3) To investigate any public utility other than motor
carriers. - }
(4) { + (3) + } To investigate motor carriers beyond the
appropriation made in this chapter.
{ + NOTE: + } Deletes incorrect provision.
SECTION 267. ORS 825.400 is amended to read:
825.400. The Department of Transportation { - , in
consultation with the Department of Transportation, - } shall
adopt rules to establish a program for the education of motor
carriers { - which - } { + that + } covers, at a minimum,
safety, weight mile tax and insurance
{ - regulations administered by the department - } and size
and weight regulations administered by the department. { - The
department shall assist the department in preparing and
presenting the program. - }
{ + NOTE: + } Deletes redundant provisions.
SECTION 268. { + ORS 826.003 is added to and made a part of
ORS chapter 826. + }
{ + NOTE: + } Adds section to appropriate chapter series.
SECTION 269. ORS 826.031 is amended to read:
826.031. (1) The owner of a vehicle that is subject to the tax
imposed under ORS 825.474 and that is not registered under the
proportional registration provisions of this chapter and is not
registered in any other jurisdiction shall register the vehicle
with the Department of Transportation if the vehicle is to be
operated in this state. Registration under this section is in
lieu of registration { - with the Department of
Transportation - } under ORS chapter 803.
(2) The department shall determine the form of application for
registration and renewal of registration and may require any
information that it determines necessary to facilitate the
registration process.
(3) A vehicle registered under this section is subject to the
insurance requirements of ORS 825.160 and not to the financial
responsibility requirements of ORS chapter 806. Certification of
compliance with financial responsibility requirements as
specified in ORS 803.460 is not required for renewal of
registration of a vehicle under this section.
(4) A vehicle registered under this section shall be deemed to
be fully registered in this state for any type of movement or
operation, except that in those instances in which a grant of
authority is required for intrastate movement or operation, no
such vehicle shall be operated in intrastate commerce in this
state unless the owner thereof has been granted intrastate
authority or right by the department and unless the vehicle is
being operated in conformity with such authority and rights.
(5) A vehicle may be registered under this section prior to a
certificate of title being issued for the vehicle but nothing in
Enrolled House Bill 2509 (HB 2509-B) Page 219
this section affects any requirement that a certificate of title
be issued.
{ + NOTE: + } Eliminates unnecessary reference to state
agency.
SECTION 270. Section 9, chapter 717, Oregon Laws 1973, is
amended to read:
{ + Sec. 9. + } Sections 10 to { + 14 and section + }
16 { + , chapter 717, Oregon Laws 1973, + } { - of this Act - }
are added to and made a part of ORS chapter 763.
{ + NOTE: + } Refines adding provision to remove section from
inappropriate series.
SECTION 271. Section 4, chapter 514, Oregon Laws 1987, as
amended by section 1, chapter 562, Oregon Laws 1991, is amended
to read:
{ + Sec. 4. + } There is created an Oregon Hanford Waste
Board
{ - which - } { + that + } shall consist of the following
members:
(1) The administrator of the { - Oregon - } Office of Energy
or designee;
(2) The Water Resources Director or designee;
(3) A representative of the Governor;
(4) One member representing the Confederated Tribes of the
Umatilla Indian Reservation;
(5) Ten members of the public, appointed by the Governor, one
of whom shall be a representative of a local emergency response
organization in eastern Oregon and one of whom shall serve as
chairperson; and
(6) Three members of the Senate, appointed by the President of
the Senate, and three members of the House of Representatives,
appointed by the Speaker of the House of Representatives who
shall serve as advisory members without vote.
{ + NOTE: + } Corrects reference to state agency; corrects
grammar.
SECTION 272. Section 7, chapter 381, Oregon Laws 1989, as
amended by section 20, chapter 916, Oregon Laws 1991, and section
14, chapter 815, Oregon Laws 1993, is amended to read:
{ + Sec. 7. + } (1) On and after the applicable date
specified in subsection (6) of this section, or the date on which
chapter 836, Oregon Laws 1989, is implemented, whichever is
later, all employers who have not provided employee and dependent
health care benefits, including group health insurance, a
self-funding entity or an employee welfare benefit plan that
provides health plan benefits, or participation under ORS
653.765, shall make monthly payments to the Insurance Pool Fund
equal to the contribution set by the board for each employee of
the employer. The payments shall be based on a percentage of
taxable payroll calculated to be equivalent to 75 percent of the
cost of a basic or standard health benefit plan defined by the
Legislative Assembly for each employee and at least 50 percent
for dependent coverage.
(2) The Insurance Pool Fund shall be continuously appropriated
to the board for the purpose of providing access to adequate
health care for employees of employers described in this section.
(3) An employer who is eligible under ORS 653.765 (1)(a) to (c)
{ - who - } { + to + } obtain health benefits for employees by
means other than through the pool shall notify the Insurance Pool
Governing Board of the number of employees being provided health
benefits by the employer.
(4) Upon application therefor by an employer who is otherwise
subject to making the payments required under this section, the
Enrolled House Bill 2509 (HB 2509-B) Page 220
board may exempt the employer from such requirement due to
hardship and fix the terms and conditions of the exemption. The
board by rule shall establish procedures under which it reviews
such applications. The denial of an exemption is appealable under
ORS 183.484.
(5) After a person first becomes an employer subject to this
section, the person shall be allowed 18 months from the
commencement of business as an employer before being required to
make payments under this section. If the person obtains employee
and dependent health benefit coverage during the 18-month period
and meets the eligibility requirements of ORS 653.765, the person
shall be eligible for a tax credit in the amount of $25 per month
per eligible covered employee or 50 percent of the total amount
paid by the person during the taxable year, whichever is less,
for one year after such coverage is provided. In all other
respects, ORS 316.096, 317.113 and 318.170 apply to the person to
whom this subsection applies.
(6) This section applies to employers with 26 or more employees
on and after March 31, 1997, and to employers with 25 or fewer
employees on and after January 1, 1998. However, it shall not
apply to either category of employer unless the appropriations
necessary to fund chapter 836, Oregon Laws 1989, as amended, and
{ - this 1993 Act - } { + chapter 815, Oregon Laws 1993, + }
are enacted by the Legislative Assembly each biennium.
{ + NOTE: + } Corrects word choice in (3).
SECTION 273. Section 16, chapter 739, Oregon Laws 1993, is
amended to read:
{ + Sec. 16. + } (1)(a) The Department of Human Resources
shall adopt by rule a method to determine which employers,
including public and private sector employers, within the State
of Oregon shall have the opportunity to utilize program
participants. The department shall give priority in assigning
program participants to those employers located in the six pilot
counties identified in section 8 (5) { + , chapter 739, Oregon
Laws 1993 + } { - of this 1993 Act - } . No employer is
required to participate in the JOBS Plus Program. In the event
that there are unassigned participants whom no employer desires
to utilize, they may be assigned to work for a public agency.
(b) The maximum number of program participants that any
employer is authorized to receive at any one time shall not
exceed 10 percent of the total number of the employer's
employees. However, each employer may receive one participant.
The Assistant Director for Adult and Family Services may waive
the limit in special circumstances.
(c) The department by rule may:
(A) Establish criteria for excluding employers from
participation for failure to abide by program requirements or
other demonstrated unwillingness to comply with the stated intent
of the program.
(B) Provide that employers that have shown a pattern of
terminating participants prior to the completion of training or
of not offering unsubsidized employment to participants who have
successfully completed training with that employer shall be
ineligible to receive additional participants.
(2) The department shall insure that jobs made available to
program participants shall:
(a) Not require work in excess of 40 hours per week;
(b) Be in conformity with section 3304(a)(5) of the Federal
Unemployment Tax Act;
(c) Not be used to displace regular employees nor to fill
unfilled positions previously established; and
Enrolled House Bill 2509 (HB 2509-B) Page 221
(d) Not pay a wage that is substantially less than the wage
paid for similar jobs in the local economy with appropriate
adjustments for experience and training.
(3) Individuals eligible for the program shall be limited to
pilot county residents who are:
(a) Adults and caretaker relatives who are receiving aid to
dependent children benefits;
(b) Adult food stamp program recipients except as described in
subsection (5)(b)(D) and (G) of this section;
(c) Unemployment compensation recipients; and
(d) Unemployed noncaretaker parents of children who are
receiving aid to dependent children benefits.
(4)(a) Individuals desiring work through the program shall
contact the nearest Adult and Family Services Division office
serving the pilot county in which they reside if they are aid to
dependent children program or food stamp program applicants or
recipients. Unemployment insurance applicants or recipients may
gain access to the program through their local Employment
Department office.
(b) With input from the participant, case workers shall prepare
an employment development plan designed to assist the participant
in removing barriers to employment, acquiring work skills and
obtaining unsubsidized employment. The case worker shall
periodically review the employment development plan and assess
participant progress in accordance with rules for the JOBS
program.
(c) With the assistance of the local council and the JOBS Plus
Advisory Board, the department shall develop a job inventory of
sufficient size to accommodate all of the participants who desire
to work in the program. In consultation with the participant, the
department shall try to match the profile of a participant with
the needs of an employer when assigning a participant to work
with the employer.
(d) Either the employer or the participant may terminate the
assignment by contacting the appropriate department office. In
such event, the department shall reassess the needs of the
participant and assign the participant to another JOBS Plus
placement or another JOBS Plus Program component and, at the
employer's request, provide the employer with another
participant.
(e) The department shall pay placement and barrier removal
payments from the JOBS Plus Program Special Fund as necessary to
enable participation in JOBS Plus.
(f)(A) If after six months in a placement, a participant has
not been hired for an unsubsidized position, the employer shall
allow the worker to undertake eight hours of job search per week.
Participating employers shall consider such time as hours worked
for the purposes of paying wages.
(B) If after nine months in a placement, a participant has not
been hired for an unsubsidized position, the placement shall be
terminated, and the case worker shall reassess the participant's
employment development plan.
(g) The department shall accept eligible volunteers into the
program prior to mandating program participation by eligible
persons.
(5)(a) Assignment of participants to available jobs shall be
made on the basis of a preference schedule developed by the
department, with priority given to employing nonworking parents
of children receiving aid to dependent children, food stamp
recipients or unemployment compensation recipients, in that
order.
Enrolled House Bill 2509 (HB 2509-B) Page 222
(b) Program jobs shall not be offered to the following groups
of persons, irrespective of the priority referred to in paragraph
(a) of this subsection:
(A) Teenage custodial parents working to receive their General
{ - Education - } { + Educational + } Development
{ + (GED) + } certificate or high school diploma;
(B) Persons determined by Adult and Family Services Division
rule to require substance abuse treatment prior to job placement;
(C) Persons determined by Adult and Family Services Division
rule to be permanently or temporarily incapacitated and persons
who are primary caregivers to such persons;
(D) Food stamp applicants or recipients who are employed
full-time or are food stamp eligible college students enrolled
full-time in an institution of higher education or enrolled
half-time in an institution of higher education and working at
least 20 hours per week;
(E) Aid to dependent children recipients who have not completed
both a life skills class and requirements for a General
{ - Education - } { + Educational + } Development
{ + (GED) + } certificate or high school diploma, except when
approved programs to provide life skills and a General
{ - Education - } { + Educational + } Development
{ + (GED) + } certificate are provided to the participant at the
worksite;
(F) Teenage persons who have not received a General
{ - Education - } { + Educational + } Development
{ + (GED) + } certificate or high school diploma;
(G) Food stamp recipients in the pilot counties who are
eligible for Supplemental Security Income benefits or other
ongoing state or federal maintenance benefits based on age or
disability;
(H) Persons for whom suitable child care arrangements are
necessary but not available; and
(I) Persons for whom transportation is not available, persons
who live in remote areas or persons who would be required to
commute for more than one hour each way, in accordance with JOBS
Plus Program rules.
(c) Unemployment compensation recipients may be referred to
available work through the JOBS Plus Program if the qualifying
base year wages used to establish the claim do not exceed
$10,000. If referred, unemployment compensation recipients shall
be referred to the JOBS Plus Program in accordance with the job
referral process used to refer applicants to available work. When
a program job is offered to an unemployment insurance recipient
and the job is refused, the Employment Department shall
investigate the refusal and identify and decide all issues
arising therefrom, including suspension of benefits, in
accordance with the provisions of ORS chapter 657.
(d) Aid to dependent children and food stamp benefits shall be
suspended at the end of the calendar month in which an employer
makes the first wage payment to a participant who is a custodial
parent in a family that receives aid to dependent children or to
any adult member of a household receiving food stamps. Failure of
the participant to cooperate with the requirements of the JOBS
Plus Program shall result in the participant's removal from the
JOBS Plus Program and the removal of the needs of the adult or
adults from the grant in accordance with JOBS Program rules.
Rules governing sanctions, hearings or conciliations for
participants in the JOBS Plus Program shall be the same as those
for the JOBS and food stamp programs.
Enrolled House Bill 2509 (HB 2509-B) Page 223
(6)(a) Employers shall pay all participating individuals at
least the hourly rate of the Oregon minimum wage.
(b) Sick leave, holiday and vacation absences shall conform to
the individual employer's rules for new employees.
(c) Group health insurance benefits shall be provided by the
employer to program participants if, and to the extent that,
state or federal law requires the employer to provide such
benefits.
(d) All persons participating in the JOBS Plus Program shall be
considered to be temporary employees of the individual employer
providing the work and shall be entitled only to benefits
required by state or federal law.
(e) Employers shall provide workers' compensation coverage for
each JOBS Plus participant.
(7) In the event that the net monthly full-time wage paid to a
participant would be less than the level of income from the aid
to dependent children program and the food stamp benefit amount
equivalent that the participant would otherwise receive, the
department shall determine and pay a supplemental payment as
necessary to provide the participant with that level of net
income. The department by rule shall adopt an equivalency scale
to be adjusted for household size and other factors. The purpose
of this equivalency scale is to insure that participants are not
economically disadvantaged, in terms of net income, by accepting
a job under the program. The department shall determine and pay
in advance supplemental payments to participants on a monthly
basis as necessary to insure equivalent net program wages.
Participants shall be compensated only for time worked.
(8) In addition to, and not in lieu of the payments provided
for under subsections (6) and (7) of this section, participants
shall be entitled to retain the full child support payments
collected by the department.
(9)(a) After the participant has participated in the JOBS Plus
Program for 30 days, in addition to the participant wage, the
employer shall pay one dollar for each participant hour worked
into the participant's Individual Education Account.
Contributions to such an account shall be tax deferred or tax
exempt to the extent permitted by federal and state law. This
contribution shall not be reimbursed by the JOBS Plus Program
Special Fund except as provided in paragraph (b) of this
subsection.
(b) If the employer hires a participant in a unsubsidized
position for at least 30 days, the JOBS Plus Program Special Fund
shall reimburse one-half of the employer's contribution to the
Individual Education Account to the employer.
(c) Any participant for whom an Individual Education Account
contribution is made shall be eligible for access to education
benefits from that participant's Individual Education Account at
any time after the participant has left the JOBS Plus Program and
has held a full-time, unsubsidized job for at least 30 days.
(d) When any participant has qualified for use of that
participant's Individual Education Account, an amount equal to
that participant's Individual Education Account balance shall be
transferred to the State Scholarship Commission for that
participant's use. Only one Individual Education Account shall be
created for any participant. Each account shall be administered
by the State Scholarship Commission and shall be used for
continuing education and training in any of the state's community
colleges or institutions of higher education for the participant
and the participant's immediate family.
Enrolled House Bill 2509 (HB 2509-B) Page 224
(10) Program participants who are eligible for federally and
state funded medical assistance at the time they enter the
program shall remain eligible as long as they continue to
participate in the program. In conformity with existing state
employment-related child care program regulations, child care
shall be provided for all program participants who require it.
(11) JOBS Plus Program employers shall:
(a) Endeavor to make JOBS Plus Program placements positive
learning and training experiences;
(b) Maintain health, safety and working conditions at or above
levels generally acceptable in the industry and no less than that
of comparable jobs of the employer;
(c) Provide on-the-job training to the degree necessary for the
participants to perform their duties;
(d) Recruit volunteer mentors from among their regular
employees to assist the participants in becoming oriented to work
and the workplace; and
(e) Sign an agreement for each placement outlining the specific
job offered to the participant and agreeing to abide by all
requirements of the program, including the requirement that the
program not supplant existing jobs. All agreements shall include
provisions noting the employer's responsibility to repay
reimbursements in the event the employer violates program rules.
(12) Program participant wages shall be subject to federal and
state income taxes, social security taxes and unemployment
insurance tax or reimbursement as applicable under ORS chapter
657, which shall be withheld and paid in accordance with state
and federal law. Supplemental payments made pursuant to
subsection (7) of this section shall not be subject to state
income taxes and, to the extent allowed by federal law, shall not
be subject to federal income taxes and social security taxes.
(13)(a) The department shall reimburse employers for the
employer share of social security, unemployment insurance and
workers' compensation premiums paid on behalf of program
participants, as well as the minimum wage earnings paid to
program participants by the employer from the JOBS Plus Program
Special Fund.
(b) If the department finds that an employer has violated any
of the rules of the JOBS Plus Program, the department:
(A) Shall withhold any amounts due to employers under paragraph
(a) of this subsection.
(B) May seek repayment of any amounts paid to employers under
paragraph (a) of this subsection.
(14) The existing JOBS program shall continue in the pilot
counties and serve those currently eligible for JOBS program
services who have not been placed in a JOBS Plus Program job.
{ + NOTE: + } Corrects references to certificate.
SECTION 274. Section 2, chapter 764, Oregon Laws 1993, is
amended to read:
{ + Sec. 2. + } (1) Notwithstanding ORS 215.283 and 215.284,
but subject to section 3 { - of this Act - } , { + chapter
764, Oregon Laws 1993, + } for the period commencing on { - the
effective date of this Act - } { + November 4, 1993, + } and
ending on December 31, 1997, a single-family dwelling in
conjunction with the conservation and management of wildlife
habitat may be established in any area that is zoned for
exclusive farm use within Marion and Polk Counties.
(2) As used in { - this Act - } { + chapter 764, Oregon
Laws 1993 + }:
(a) 'Cooperating agency' means the State Department of Fish and
Wildlife, the United States Fish and Wildlife Service, the United
Enrolled House Bill 2509 (HB 2509-B) Page 225
States { - Soil Conservation Service - } { + Natural
Resources Conservation Service, or its successor agency + }, the
Oregon State University Extension Service or other persons with
wildlife conservation and management training considered
appropriate for the preparation of a conservation and management
plan, as established by rules of the State Department of Fish and
Wildlife.
(b) 'Department' means the State Department of Fish and
Wildlife.
(c) 'Lot' has the meaning given that term in ORS 92.010.
(d) 'Parcel' has the meaning given that term in ORS 215.010
(1).
(e) 'Wildlife habitat conservation and management plan' or '
plan' means a plan developed by a cooperating agency and
landowner that specifies the conservation and management
practices, including farm and forest uses consistent with the
overall intent of the plan, that will be conducted to preserve,
enhance and improve wildlife habitat on an affected lot or
parcel.
{ + NOTE: + } Corrects reference to federal agency.
SECTION 275. Section 6, chapter 516, Oregon Laws 1995, is
amended to read:
{ + Sec. 6. + } A transferor who has made a bona fide
transfer of a vehicle and has delivered possession of it to a
transferee shall not { + , + } by reason of any of the provisions
of the Oregon Vehicle Code, be subject to civil liability or
criminal liability for the parking, abandoning or operation of
the vehicle by another person when the transferor has:
(1) Notified the Department of Transportation of the transfer
as required by section 2 { + , chapter 516, Oregon Laws 1995 + }
{ - of this 1995 Act - } ; and
(2) Assigned the title to the transferee.
{ + NOTE: + } Inserts comma for clarity.
SECTION 276. { + Section 23, chapter 607, Oregon Laws 1995, is
repealed. + }
{ + NOTE: + } Deletes redundant provision.
SECTION 277. { + In order to clarify references to various
governmental agencies, boards, commissions, divisions and
officers in statute sections published in Oregon Revised Statutes
and to promote the ability of statute users to conduct research
involving the identification of statute sections containing
references to those governmental agencies, boards, commissions,
divisions or officers, the Legislative Counsel may substitute for
the first reference to each such governmental agency, board,
commission, division or officer in a statute section published in
Oregon Revised Statutes, the full name or title of the agency,
board, commission, division or officer. Substitution in
accordance with this section is authorized only in those sections
where the agency, board, commission, division or officer has been
specifically defined by statute and the definition applies to the
affected statute section. + }
SECTION 278. { + Pursuant to ORS 174.115 and section 1,
chapter 578, Oregon Laws 1985, and for the purpose of harmonizing
and clarifying statute sections published in Oregon Revised
Statutes, the Legislative Counsel may substitute for words
designating:
(1) Chairman, chairmen, chairman's or chairmen's, wherever they
occur in Oregon Revised Statutes, other words designating
chairperson, chairpersons, chairperson's or chairpersons', except
where the term is part of an official title or is included in an
interstate agreement.
Enrolled House Bill 2509 (HB 2509-B) Page 226
(2) Vice chairman, vice chairmen, vice chairman's or vice
chairmen's, wherever they occur in Oregon Revised Statutes, other
words designating vice chairperson, vice chairpersons, vice
chairperson's or vice chairpersons', except where the term is
part of an official title or is included in an interstate
agreement.
(3) Cochairman, cochairmen, cochairman's or cochairmen's,
wherever they occur in Oregon Revised Statutes, other words
designating cochairperson, cochairpersons, cochairperson's or
cochairpersons', except where the term is part of an official
title or is included in an interstate agreement. + }
SECTION 279. { + For the purpose of harmonizing and clarifying
statute sections published in Oregon Revised Statutes, the
Legislative Counsel may substitute for words designating election
official, election officials, election authority or election
authorities, wherever they occur in Oregon Revised Statutes,
other words designating elections official, elections officials,
elections authority or elections authorities. + }
SECTION 280. { + The notes that follow the sections of this
Act are provided for the convenience of the reader and do not
become part of the statutory law of this state. + }
----------
Enrolled House Bill 2509 (HB 2509-B) Page 227
Passed by House March 18, 1997
Repassed by House May 9, 1997
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 1997
...........................................................
President of Senate
Enrolled House Bill 2509 (HB 2509-B) Page 228
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled House Bill 2509 (HB 2509-B) Page 229
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