69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
Senate Bill 917
Sponsored by COMMITTEE ON EDUCATION (at the request of Governor
John Kitzhaber, M.D.)
CHAPTER ................
AN ACT
Relating to policies for the development of an Oregon workforce;
creating new provisions; amending ORS 244.050, 285.001,
285.011, 285.640, 326.075, 329.075, 329.850, 329.855, 329.860,
329.920, 329.955, 329.960, 329.965, 329.975, 342.443, 344.259,
345.015, 348.505, 348.520, 348.530, 351.203, 657.730, 680.515,
680.545, 684.040 and 685.060; repealing ORS 329.900, 329.910,
329.940, 329.970, 344.205, 344.225, 344.235, 344.245, 344.747,
348.705, 348.715, 348.755, 348.765, 348.830, 348.835, 348.840,
348.845, 348.855, 348.865, 348.875, 348.885 and 348.990 and
sections 1, 2 and 3, chapter 224, Oregon Laws 1997 (Enrolled
Senate Bill 294), section 1, chapter ___, Oregon Laws 1997
(Enrolled Senate Bill 825), and section 7, chapter 61, Oregon
Laws 1997 (Enrolled House Bill 2124); appropriating money;
limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly finds that all
Oregonians should benefit from the advantages of Oregon's growing
economy. The responsiveness and flexibility of providers of
education and workforce development services are critical to the
continued success of Oregon's economy. Involvement of key
interested parties in identifying current and future workforce
needs will be critical to matching the needs of the workplace and
economy with the development of trained workers. Therefore, it is
hereby declared the policy of the state to support and promote
the best possible education, training and employment for its
citizens through effective statewide policy, planning,
coordination and service delivery.
(2) It is the purpose of sections 1 to 5 of this Act to provide
advisory and technical services under the executive direction of
the Governor to support the efforts of state government:
(a) To integrate education and workforce development by
coordinating the contributions of participating segments and
providers;
(b) To achieve and maintain excellence in education, training
and employment; and
(c) To connect education to social and economic commitments
generally and workforce development in particular.
(3) The Legislative Assembly further finds that the statewide
workforce development and education coordinating functions
established in sections 1 to 5 of this Act include job creation
Enrolled Senate Bill 917 (SB 917-C) Page 1
and economic development activities within the meaning of section
4 (3), Article XV of the Oregon Constitution. + }
SECTION 2. { + (1) The Governor shall be responsible for a
coordinated and comprehensive response to education and workforce
issues. The Governor shall appoint an Education and Workforce
Policy Advisor, who serves at the pleasure of the Governor. The
advisor shall, with the advice of such advisory committees as may
be appointed or assigned, advise the Governor on policy, planning
and coordination for education and workforce development in
Oregon.
(2) The duties of the advisor shall include:
(a) Guiding the development of state-level policy related to
education and workforce issues;
(b) Providing general direction and serving as a liaison
between state and local efforts in education, training and
workforce development; and
(c) Ensuring, through collaboration with the leadership of
regional workforce committees, the alignment of statewide and
regional strategic plans, and the periodic reporting of
performance in the implementation of such plans.
(3) In the performance of duties, the advisor shall
collectively involve state agencies, including but not limited
to:
(a) The Department of Education;
(b) The State System of Higher Education;
(c) The Economic Development Department;
(d) The Office of Community College Services;
(e) The Employment Department;
(f) The Department of Human Resources;
(g) The Bureau of Labor and Industries;
(h) The Department of Corrections;
(i) The State Scholarship Commission; and
(j) The Teacher Standards and Practices Commission.
(4) The advisor shall seek input from key interested parties to
help guide policy development, including but not limited to
representatives of:
(a) Businesses and industry organizations;
(b) Labor and labor organizations;
(c) Local education providers;
(d) Local government;
(e) Student, teacher, parent and faculty organizations;
(f) Community-based organizations;
(g) Private industry councils and other public-private
partnership organizations;
(h) Independent nonprofit and proprietary post-secondary
colleges and schools; and
(i) Regional workforce committees and regional strategy boards.
(5) The advisor shall meet, on a regularly scheduled basis,
with the regional workforce committees and such others as
necessary to ensure that local interests are represented. The
advisor shall seek input, advice and feedback on policy issues
affecting state, regional and local education and workforce
development from interested parties and other committees formed
under sections 1 to 5 of this Act.
(6) Pursuant to ORS 183.310 to 183.550, the advisor may adopt
rules necessary to carry out the duties of the advisor. + }
SECTION 3. { + (1) The Governor shall create and maintain
regional workforce committees to advise on regional and local
needs for workforce development, to prepare plans for achieving
regional goals and to coordinate the provision of services within
Enrolled Senate Bill 917 (SB 917-C) Page 2
regions. The committees shall have private and public sector
members. However, a majority of the members of each committee
shall represent the private sector and include business and labor
representatives. The chairperson of each committee shall be a
private sector member and be elected by the committee.
(2) The private sector committee members shall play a critical
role in workforce development, including but not limited to:
(a) Identifying current and future workforce needs;
(b) Providing feedback on public sector programs;
(c) Assisting public agencies in changing programs to be more
effective in meeting private sector needs; and
(d) Being a partner in addressing workforce needs.
(3) Private sector members of a committee created under this
section shall be appointed by county commissioners and, in the
region that includes the City of Portland, the Mayor of Portland.
The members of the committee shall reflect the broadest feasible
representation from the groups described in section 2 (4)(a) to
(h) of this Act.
(4) The public sector representatives on the committee are
representatives who receive resources and deliver education and
workforce programs within the labor market area. Public sector
members shall include the broadest feasible representation from,
but not be limited to, the following:
(a) The Adult and Family Services Division of the Department of
Human Resources;
(b) School districts, education service districts, community
colleges, state institutions of higher education and Oregon
Health Sciences University;
(c) The Vocational Rehabilitation Division of the Department of
Human Resources;
(d) The Economic Development Department and local economic
development entities;
(e) The Employment Department;
(f) The Job Training Partnership Act local administrative
entity; and
(g) Other public sector partners.
(5) A local region individually may recommend to the Governor
an alternate structure for its regional committee, based on local
determination and mutually agreed to by the current public and
private sector members of the regional workforce committee and
the local elected officials. The alternate structure must retain
a private sector chairperson, appointments of the private sector
members as provided in subsection (3) of this section, and
substantive public and private sector and other stakeholder
participation through formalized methods, such as standing
committees.
(6) A regional workforce committee shall develop and implement
a strategic plan that responds to the current and future
workforce needs of the local labor market.
(7) The strategic plan shall:
(a) Consider the supply and demand outlook for the region;
(b) Identify and prioritize initiatives and resources, both
public and private, to meet the local workforce needs;
(c) Articulate and include the coordination of both public and
private resources in addressing the workforce needs and goals;
and
(d) Ensure the most appropriate use of resource investments.
(8) The regional workforce committee shall create or enhance
the workforce program delivery system to meet the strategic
priorities of the region.
Enrolled Senate Bill 917 (SB 917-C) Page 3
(9) Within each region, or within overlapping regions, regional
workforce committees and regional strategy boards shall
coordinate their planning efforts to ensure that the strategic
efforts and resource allocation of economic and workforce
development of an area are consistent. Regional workforce
committees and regional strategy boards will extend opportunities
to other entities engaged in economic and workforce development
programs and services to participate in their joint or integrated
strategic planning. + }
SECTION 4. { + The terms of office for members of regional
workforce quality committees now serving shall expire and the
county commissioners and Mayor of Portland shall make
appointments to the regional workforce committees in accordance
with section 3 of this Act. However, a member of a committee
whose office is terminated is automatically eligible for
reappointment and shall continue to serve until such time as the
new term expires or the member resigns. + }
SECTION 5. { + The Education and Workforce Policy Advisor
shall oversee the development, implementation and monitoring of a
comprehensive and standardized statewide data system capable of
yielding information basic to policy information, including the
Interagency Shared Information System established in ORS
329.965. + }
SECTION 6. { + Sections 7 to 15 of this Act are added to and
made a part of ORS 348.505 to 348.590. + }
SECTION 7. { + The Office of Degree Authorization is created
within the State Scholarship Commission. The commission shall
appoint an administrator of the office. + }
SECTION 8. { + As used in sections 8 to 15 of this 1997 Act:
(1) 'School' includes a person, organization, school or
institution of learning that confers or offers to confer an
academic degree upon a person or to provide academic credit
applicable to a degree.
(2) 'School' does not include:
(a) An Oregon community college;
(b) A state institution of higher education within the State
System of Higher Education;
(c) The Oregon Health Sciences University; or
(d) A school that meets the criteria and procedures to obtain a
religious exemption adopted by rule by the State Scholarship
Commission and offers only degrees with approved titles in
theology or religious occupations. + }
SECTION 9. { + It is the purpose of sections 7 to 15 of this
1997 Act to provide for the protection of the citizens of Oregon
and their post-secondary schools by ensuring the quality of
higher education and preserving the integrity of an academic
degree as a public credential. + }
SECTION 10. { + (1) The State Scholarship Commission, through
the Office of Degree Authorization, shall:
(a) Authorize approved schools to offer academic degree
programs;
(b) Validate claims of degree possession;
(c) Terminate substandard or fraudulent degree activities; and
(d) Review proposed new publicly funded post-secondary programs
and locations.
(2)(a) Following review of a proposed new publicly funded
post-secondary program or location, the commission shall
recommend resolution to the appropriate governing boards and
mediate between the boards to seek a negotiated resolution if:
Enrolled Senate Bill 917 (SB 917-C) Page 4
(A) There is a seemingly detrimental duplication of programs;
or
(B) The program or location would have a significantly adverse
impact on one or more other segments of education.
(b) If the boards cannot resolve the issue raised under
paragraph (a) of this subsection, the commission shall have final
authority for approval or disapproval of the program or location.
(c) The commission shall establish by rule a fair and neutral
decision-making process in consultation with representatives
designated by the State Board of Education, the State Board of
Higher Education, associations representing Oregon independent
colleges, associations representing Oregon career colleges, and
the governing boards of otherwise unrepresented post-secondary
schools. + }
SECTION 11. { + (1) No school shall confer or offer to confer
any academic degree upon a person, or provide services purporting
to lead to a degree in whole or in part, without first obtaining
approval from the State Scholarship Commission through the Office
of Degree Authorization. The commission shall adopt by rule
standards and procedures for the approval of schools.
(2) The commission shall substitute the standards adopted under
subsection (1) of this section with private accreditation
standards for a school that has conferred degrees under the same
control for five years in Oregon from at least one operationally
separate unit accredited as a separate institution by a regional
accrediting association or its national successor, provided the
school submits for arbitration by the commission any unresolved
dispute in which a person alleges detrimental violation of a
standard guaranteed by the accrediting association but which the
association has declined to arbitrate.
(3) The commission, by rule, may impose a fee on any school
applying for approval to confer or offer to confer a degree upon
a person or to provide academic credit applicable to a degree.
The fee is nonrefundable. The amount of the fee shall be
established to recover designated expenses incurred by the
commission in carrying out the administration of sections 7 to 15
of this 1997 Act. + }
SECTION 12. { + (1) No person who has been warned by the State
Scholarship Commission through the Office of Degree Authorization
to cease and desist shall claim or represent that the person
possesses any academic degree unless the degree has been awarded
to or conferred upon the person by a school that:
(a) Has accreditation recognized by the United States
Department of Education or the foreign equivalent of such
accreditation;
(b) Has been approved by the State Scholarship Commission
through the Office of Degree Authorization to offer and confer
degrees in Oregon; or
(c) Is described in section 8 (2) of this 1997 Act.
(2) The State Scholarship Commission shall adopt, by rule,
standards and procedures for responding to complaints about
degree claims and for validation of degree claims. Failure of a
person to provide documentation of a claimed degree shall be
prima facie evidence that the claim of such person to such degree
is a violation of this section. + }
SECTION 13. { + The State Scholarship Commission may revoke or
suspend any approval given to a school under section 11 of this
1997 Act for proper cause after a hearing. Such hearing shall be
held only after the school has been given 20 days' notice in
writing of the time and place of such hearing. Hearings shall be
Enrolled Senate Bill 917 (SB 917-C) Page 5
held in accordance with the rules of the commission adopted under
ORS 348.530. + }
SECTION 14. { + If the State Scholarship Commission refuses to
grant approval to a school to confer degrees or revokes the
approval to confer degrees, the refusal or revocation shall be
subject to the right of review by an action brought in the
circuit court of the county in which the school is located. Such
review shall be tried as an action not triable by right to a
jury. + }
SECTION 15. { + Violation of any of the provisions of sections
7 to 15 of this 1997 Act by any person individually or on behalf
of an organization or group is a Class B misdemeanor. + }
SECTION 16. ORS 244.050 is amended to read:
244.050. (1) On or before April 15 of each year the following
persons shall file with the Oregon Government Standards and
Practices Commission a verified statement of economic interest as
required under this chapter:
(a) The Governor, Secretary of State, State Treasurer, Attorney
General, Commissioner of the Bureau of Labor and Industries,
Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including justices of the peace and
municipal judges, except municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974
general election was in opposition to the ballot measure provided
for in section 10, chapter 68, Oregon Laws 1974 (special
session), and except any pro tem judicial officer who does not
otherwise serve as a judicial officer.
(c) Any candidate for an office designated in paragraph (a) or
(b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the Legislative Counsel, the
Legislative Fiscal Officer, the Secretary of the Senate and the
Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of the State System of
Higher Education and the President and Vice Presidents, or their
administrative equivalents, in each institution under the
jurisdiction of the State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund Corporation.
(D) Water Resources Director.
(E) Director of Department of Environmental Quality.
(F) Director of Oregon Department of Administrative Services.
(G) Director of the Oregon State Fair and Exposition Center.
(H) State Fish and Wildlife Director.
(I) State Forester.
(J) State Geologist.
(K) Director of Department of Human Resources.
(L) Director of the Department of Consumer and Business
Services.
(M) Director of Division of State Lands.
(N) State Librarian.
(O) Administrator of Oregon Liquor Control Commission.
(P) Superintendent of State Police.
(Q) Director of Public Employes' Retirement Board.
(R) Director of Department of Revenue.
(S) Director of Transportation.
(T) Public Utility Commissioner.
Enrolled Senate Bill 917 (SB 917-C) Page 6
(U) Director of Veterans' Affairs.
(V) Executive Director of Oregon Government Standards and
Practices Commission.
{ - (W) Director of Oregon Office of Educational Policy and
Planning. - }
{ - (X) - } { + (W) + } Administrator of the Office of
Energy.
{ - (Y) - } { + (X) + } Director and each assistant
director of the Oregon State Lottery.
(h) Any assistant in the Governor's office other than personal
secretaries and clerical personnel.
(i) Every elected city or county official except elected
officials in those cities or counties where a majority of votes
cast in the subject city or county in any election on the issue
of filing statements of economic interest under this chapter was
in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or
counties where a majority of votes cast in the subject city or
county at any election on the issue of filing statements of
economic interest under this chapter was in opposition to the
ballot measure provided for in section 10, chapter 68, Oregon
Laws 1974 (special session).
(k) The chief executive officer of a city or county who
performs the duties of manager or principal administrator of the
city or county except such employees in those cities or counties
where a majority of votes cast in the subject city or county in
an election on the issue of filing statements of economic
interest under this chapter was in opposition.
(L) Members of local government boundary commissions formed
under ORS 199.410 to 199.519.
(m) Every member of a governing body of a metropolitan service
district and the executive officer thereof established under ORS
198.705 to 198.955 or 268.100 to 268.190.
(n) Each member of the board of directors of the State Accident
Insurance Fund Corporation.
(o) The chief administrative officer and the financial officer
of each common and union high school district, education service
district and community college district.
(p) Every member of the following state boards and commissions:
(A) Capitol Planning Commission.
(B) Board of Geologic and Mineral Industries.
(C) Oregon Economic Development Commission.
(D) State Board of Education.
(E) Environmental Quality Commission.
(F) Fish and Wildlife Commission of the State of Oregon.
(G) State Board of Forestry.
(H) Oregon Government Standards and Practices Commission.
(I) Oregon Health Council.
(J) State Board of Higher Education.
(K) Oregon Investment Council.
(L) Land Conservation and Development Commission.
(M) Oregon Liquor Control Commission.
(N) Oregon Short Term Fund Board.
(O) State Marine Board.
(P) Mass transit district boards.
(Q) Energy Facility Siting Council.
(R) Board of Commissioners of the Port of Portland.
(S) Employment Relations Board.
(T) Public Employes' Retirement Board.
Enrolled Senate Bill 917 (SB 917-C) Page 7
(U) Oregon Racing Commission.
(V) Oregon Transportation Commission.
(W) Wage and Hour Commission.
(X) Water Resources Commission.
(Y) Workers' Compensation Board.
(Z) Housing, Educational and Cultural Facilities Authority.
(AA) Oregon State Lottery Commission.
(BB) Pacific Northwest Electric Power and Conservation Planning
Council.
(CC) Columbia River Gorge Commission.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to the State Treasurer.
(C) Director of the Investment Division.
(2) By April 15 next after the date an appointment takes
effect, every appointed public official on a board or commission
listed in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(3) By April 15 next after the filing date for the biennial
primary election, each candidate for elective public office
described in subsection (1) of this section shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(4) Within 30 days after the filing date for the general
election, each candidate for elective public office described in
subsection (1) of this section who was not a candidate in the
preceding biennial primary election shall file with the
commission a statement of economic interest as required under ORS
244.060, 244.070 and 244.090.
(5) The Legislative Assembly shall maintain a continuing review
of the operation of this chapter and from time to time may add to
or delete from the list of boards and commissions in subsections
(1) to (3) of this section as in the judgment of the Legislative
Assembly is consistent with the purposes of this chapter.
(6) Subsections (1) to (5) of this section apply only to
persons who are incumbent, elected or appointed officials as of
April 15 and to persons who are candidates for office on April
15. Those sections also apply to persons who do not become
candidates until 30 days after the filing date for the statewide
general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as
specified in ORS 183.090, but the enforcement of this subsection
does not require the Oregon Government Standards and Practices
Commission to follow the procedures in ORS 244.260 before finding
that a violation of this section has occurred.
(b) Failure to file the required statement in timely fashion
shall be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement
is to be filed under this section the statement has not been
received by the commission, the commission shall notify the
public official and give the public official not less than 15
days to comply with the requirements of this section. If the
public official fails to comply by the date set by the
commission, the commission may impose a civil penalty of $5 for
each day the statement is late beyond the date fixed by the
commission. The maximum penalty that may be accrued under this
section is $1,000.
Enrolled Senate Bill 917 (SB 917-C) Page 8
(d) A civil penalty imposed under this subsection is in
addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
SECTION 17. ORS 285.001 is amended to read:
285.001. As used in this chapter { - and ORS 329.900 to
329.975 - } , unless the context requires otherwise:
(1) 'Commission' means the Oregon Economic Development
Commission.
(2) 'Department' means the Economic Development Department.
(3) 'Director' means the Director of the Economic Development
Department.
SECTION 18. ORS 285.011 is amended to read:
285.011. (1) As its primary duty, the Oregon Economic
Development Commission shall develop and maintain an economic
development policy for this state that implements the strategy
declared in ORS 285.005 (4) and that includes policies that:
(a) Maintain and create family wage jobs and raise real wage
levels of Oregon workers.
(b) Increase the skill levels of the Oregon workforce.
(c) Improve the competitiveness of this state's key industries
and achieve benchmarks for those industries established by the
Oregon Progress Board.
(d) Invest public moneys in a manner that produces the greatest
possible return on investment.
(e) Support statewide and regional strategies to develop and
maintain the infrastructure necessary to support and strengthen
the economy of this state.
(f) Identify and eliminate barriers that impede the
competitiveness of Oregon businesses.
(g) Encourage expansion of existing businesses and the
attraction of new business and industry to the state.
(2) It is the function of the Oregon Economic Development
Commission to establish the policies for economic development in
this state in a manner consistent with the policies and purposes
set forth in this section and ORS 285.013. In addition, the
commission shall perform any other duty vested in it by law.
(3) The commission shall keep complete and accurate records of
all the meetings, transactions and business of the commission at
the office of the department.
(4) The commission shall set policy for and monitor programs
relating to economic development and rural and community
development and such other programs related to economic
development that may be assigned by law to the department.
(5) In carrying out its duties under subsection (1) of this
section, the commission shall:
(a) Place priority on those policies that achieve benchmarks
established by the Oregon Progress Board; and
(b) Coordinate its activities with the policies of the
{ - Oregon Workforce Quality Council - } { + Education and
Workforce Policy Advisor + }.
SECTION 19. ORS 285.640 is amended to read:
285.640. (1) The governing body of each county of this state
shall be responsible for the submission of a regional strategy as
provided in ORS 285.637. The governing body of a county shall
designate a regional strategy board to develop the strategy
recommendation. The regional strategy board shall consist of
individuals selected from the general public. A majority of the
members of the regional strategy board shall be individuals who
primarily represent the private economic sector. The regional
Enrolled Senate Bill 917 (SB 917-C) Page 9
strategy board shall include members who are representatives of
rural interests, including local government.
(2) The regional strategy board shall be responsible for
developing the regional strategy for the county.
(3) The regional strategy board shall hold a public hearing in
each county in the region prior to a vote by the governing bodies
of the counties to recommend to the Governor the regional
strategy described in ORS 285.637.
(4) In developing the list provided for in ORS 285.637 (5), a
regional strategy board shall consult with firms in the
industries targeted by the strategy, cities, ports, special
districts, regional workforce { - quality - } committees and
federally recognized Oregon Indian tribes located in the region.
(5) Regions shall select a strategy and submit recommendations
for the strategy to the department for review by the Oregon
Economic Development Commission. The department shall work with
regions to refine strategy requests and assure compliance with
the requirements of ORS 285.630 to 285.647 and 285.655. The
Oregon Economic Development Commission shall make recommendations
on approval of the strategy to the Governor for final approval or
shall return the strategy to the regional strategy board for
further modification.
(6) Regions that fail to submit regional strategies to the
department within 11 months after the beginning of the biennium
and do not receive final approval of those strategies within 15
months after the beginning of the biennium may not continue to
participate in the regional strategies program established by ORS
285.630 to 285.647 and 285.655 or receive moneys from the
Regional Strategies Fund for the program for that biennium. The
department shall reallocate any moneys designated for regions
that fail to meet the deadlines to regions remaining in the
regional strategies program.
(7) After a regional strategy is developed by a regional
strategy board, adopted by the governing bodies of the counties
and approved by the Governor, the regional strategy board, in
each biennium, shall refine the strategy and recommend a two-year
action plan to implement the strategy during that biennium. The
action plan shall be adopted by the governing bodies of the
counties, reviewed by the Oregon Economic Development Commission
and must be approved by the Governor before taking effect.
(8) A regional strategy shall not be approved by the Oregon
Economic Development Commission or by the Governor unless those
portions of the strategy relating to key industries are submitted
to a statewide organization representing the affected key
industries for its review and comment. For the purposes of this
subsection, the Economic Development Department shall determine
which statewide organizations represent the affected key
industries. If the department determines that no statewide
organization exists, the provisions of this subsection shall not
apply to the relevant portions of a regional strategy.
SECTION 20. ORS 326.075 is amended to read:
326.075. (1) The State Board of Education shall cooperate with
the { - Oregon Office of Educational Policy and Planning - }
{ + Education and Workforce Policy Advisor + } in the
development of a state comprehensive education plan including
elementary, secondary and community college education and in
review of the board's programs and budget { - as provided in
ORS 348.705 to 348.765 - } . The board shall submit in timely
fashion to the { - office - } { + advisor + } such data as is
Enrolled Senate Bill 917 (SB 917-C) Page 10
appropriate in a form prescribed by the { - office - } { +
advisor + }.
(2) { - If chapter 667, Oregon Laws 1991, remains in effect
after June 30, 1997, - } The board shall { + cooperate with the
mediation process administered by the State Scholarship
Commission pursuant to section 10 of this 1997 Act and, if a
negotiated resolution cannot be reached by mediation, + } comply
with the decisions of the
{ - office - } { + commission + } regarding proposed new
post-secondary programs and proposed new post-secondary locations
{ - determined by the office to have a significantly adverse
impact on one or more segments of education other than
elementary, secondary and community college education - } .
SECTION 21. ORS 329.075 is amended to read:
329.075. (1) The State Board of Education shall adopt rules, in
accordance with ORS 183.025 and 183.310 to 183.550, as necessary
for the statewide implementation of this chapter. The rules shall
be prepared in consultation with appropriate representatives from
the educational and business and labor communities.
(2) The Department of Education shall be responsible for
coordinating research, planning and public discussion so that
activities necessary to the implementation of this chapter can be
achieved. Actions by the department to fulfill this
responsibility and to increase student achievement may include,
but are not limited to:
(a) Updating Common Curriculum Goals to meet rigorous academic
standards;
(b) Developing criterion-referenced assessments including
performance-based, content-based and other assessment mechanisms
to test knowledge and skills;
(c) Establishing criteria for Certificates of Initial Mastery
and Advanced Mastery, and for benchmarks at grades 3, 5, 8 and
10;
(d) Establishing criteria for early childhood improvement
programs;
(e) Amending the application process for school improvement
grants;
(f) Researching and developing public school choice plans;
(g) Working with the { - Oregon Workforce Quality Council - }
{ + Education and Workforce Policy Advisor + } and the Office
of Community College Services to develop no fewer than six broad
career indorsement areas of study; and
(h) Establishing criteria for learning options that may include
alternative learning centers.
(3) The State Board of Education shall create, by rule, a
process for school districts to initiate and propose pilot
programs. The rules shall include a process for waivers of rules
and regulations and a process for approval of the proposed pilot
programs.
(4) The Department of Education shall:
(a) Evaluate pilot programs developed pursuant to ORS 329.690
using external evaluators to provide data that specify the
educational effectiveness, implementation requirements and costs
of the programs and to describe what training, funding and
related factors are required to replicate pilot programs that are
shown to be effective;
(b) Present to the State Board of Education and the appropriate
legislative committee an annual evaluation of all pilot programs;
and
Enrolled Senate Bill 917 (SB 917-C) Page 11
(c) Include funding for the implementation and evaluation of
pilot programs in the Department of Education budget.
(5) As used in this section:
(a) 'Criterion-referenced assessment' means testing of the
knowledge or ability of a student with respect to some standard.
(b) 'Content-based assessment' means testing of the
understanding of a student of a predetermined body of knowledge.
(c) 'Performance-based assessment' means testing of the ability
of a student to use knowledge and skills to create a complex or
multifaceted product or complete a complex task.
SECTION 22. ORS 329.850 is amended to read:
329.850. (1) The { - Oregon Workforce Quality Council,
established under section 3, chapter 667, Oregon Laws 1991 - }
{ + Education and Workforce Policy Advisor + }, in consultation
with the Department of Education, the Office of Community College
Services, the Bureau of Labor and Industries, the Economic
Development Department and the Department of Human Resources,
shall propose policies and strategies consistent with this
chapter.
(2) The { - Oregon Workforce Quality Council's - }
{ + Education and Workforce Policy Advisor's + } policies and
strategies must take into account that:
(a) The state must promote innovative thinking with respect to
the curriculum and educational delivery system of Oregon public
schools;
(b) The state must require of all youth a level of achievement
that prepares them to pursue college, professional technical
programs, apprenticeships, work-based training and school-to-work
programs;
(c) Greater employer investment is essential in the ongoing
training of all workers to meet workforce needs;
(d) The state must encourage Oregon businesses to improve
productivity by creating high performance work organizations that
provide high skills and high wage opportunities for youth and
adults; and
(e) All employment-related training, education and job
placement services and sources of funds must be coordinated among
state agencies and boards and must complement the state's overall
efforts on behalf of youth and adults.
SECTION 23. ORS 329.855 is amended to read:
329.855. (1) The Department of Education, the Office of
Community College Services and the State System of Higher
Education in consultation with the { - Oregon Workforce Quality
Council - } { + Education and Workforce Policy Advisor + }
shall develop comprehensive education and training programs in
accordance with ORS 329.475 for two-year to six-year academic
professional technical indorsements, associate degrees and
baccalaureate degrees.
(2) There may be established a process for industrial
certification and a sequence of advanced certification that could
be obtained throughout a person's career.
(3) Work groups, including teachers, community members and
representatives of business and labor, may be appointed to offer
specialized information concerning knowledge and skill
requirements for occupations.
(4) No fewer than six broad career categories shall be
identified, with additional categories added in future years. The
education and training curriculum and achievement standards for
each occupation and trade selected for students to achieve
indorsements, associate degrees or baccalaureate degrees in the
Enrolled Senate Bill 917 (SB 917-C) Page 12
occupational categories selected shall be developed and available
for school districts, community colleges and other training
sites.
(5) In addition to academic content, the curriculum developed
for indorsements, associate degrees and baccalaureate degrees
shall ensure that every student has the option of a high quality
career related course of study that provides the student with
experience in and understanding of future career choices. Career
related studies shall include a structured series of real or
simulated activities that in combination with rigorous academic
studies shall simultaneously prepare students for further
education, lifelong learning and employment. These activities
shall include but not be limited to:
(a) Job shadowing;
(b) Workplace mentoring;
(c) Workplace simulations;
(d) School based enterprises;
(e) Structured work experiences;
(f) Cooperative work and study programs;
(g) On-the-job training;
(h) Apprenticeship programs; or
(i) Other school-to-work opportunities.
(6) In considering where a student can most effectively and
economically obtain the knowledge and skills required for the
indorsement or post-secondary study, the { - Oregon Workforce
Quality Council - } { + Education and Workforce Policy
Advisor + } may recommend integrating 2 + 2 Programs, the Job
Training Partnership Act program, apprenticeship programs and any
other state or federal job training program.
(7) Until full statewide implementation, school districts are
encouraged to use Certificate of Advanced Mastery programs that
are currently being developed, but modified, if necessary, to
best fit their students' and community's needs.
SECTION 24. ORS 329.860 is amended to read:
329.860. (1) The Department of Education in consultation with
the Office of Community College Services and the { - Oregon
Workforce Quality Council - } { + Education and Workforce
Policy Advisor + } shall develop models for school districts of
alternative learning options that may include Learning Centers
designed to assist students who have left school in obtaining the
Certificate of Initial Mastery through the use of teaching
strategies, technology and curricula that emphasize the latest
research and best practice.
(2) The Learning Centers may also provide for the integration
of existing local and community programs that provide any part of
the services needed to assist individuals in obtaining the
Certificate of Initial Mastery.
(3) The centers may promote means of identifying, coordinating
and integrating existing resources and may include:
(a) Child care services during school hours;
(b) After-school child care;
(c) Parental training;
(d) Parent and child education;
(e) English as a second language or bilingual services for
limited proficiency students;
(f) Health services or referral to health services;
(g) Housing assistance;
(h) Employment counseling, training and placement;
(i) Summer and part-time job development;
(j) Drug and alcohol abuse counseling; and
Enrolled Senate Bill 917 (SB 917-C) Page 13
(k) Family crisis and mental health counseling.
(4) Education service districts, school districts or schools,
or any combination thereof, may contact any eligible elementary
or secondary school student and the student's family if the
student has ceased to attend school to encourage the student's
enrollment in an education program that may include alternative
learning options. If the student or the family cannot be located,
the name and last-known address shall be reported to the school
nearest the address. The school shall attempt to determine if
that student or family is being provided services by this state
and shall seek to assist the student or family in any appropriate
manner.
SECTION 25. ORS 329.920 is amended to read:
329.920. (1) The { - Oregon Workforce Quality Council - }
{ + Education and Workforce Policy Advisor + } and the regional
workforce { - quality - } committees, with the advice and
participation of partner agencies, are responsible for furthering
the policies, goals and objectives of this state as described in
ORS 329.905 and 329.915.
(2) The { - council - } { + advisor + } and the committees
shall help
{ - assure - } { + ensure + } achievement of this state's
goals and objectives by effective and efficient coordination and
oversight of all the employment-related training, education and
job placement programs of this state.
{ - (3) The council shall prepare recommendations for the
Governor and Legislative Assembly not later than January 31,
1995, concerning the most effective use of lottery funds for
workforce development based on the performance of the programs
funded under ORS 329.900 to 329.920, 329.930 to 329.975 and
657.337 and the goals and objectives established by the
council. - }
{ - (4) - } { + (3) As used in this section, + } 'partner
agencies' means those agencies that are recipients of workforce
development funds under ORS 329.900 to 329.920, 329.930 to
329.975 and 657.337.
SECTION 26. ORS 329.955 is amended to read:
329.955. (1) The Occupational Program Planning System is
established as the state's official occupational information
system. The system shall provide the following information:
(a) Projections of employment by occupation and by openings.
(b) Estimates of the number of unemployed by occupation.
(c) Estimates of supply of workers by occupation from
education, employment and job training programs.
(d) Statistical and narrative occupational demand and supply
analyses.
(e) Occupational employment patterns by industry.
(f) Occupational characteristics information.
(2) In cooperation with education, employment and job training
providers and the Employment Department, the system shall provide
a systematic follow-up of program providers using the Employment
Department's unemployment insurance wage file. Follow-up
information shall be provided annually to program providers and
their related state agencies.
(3) Professional technical education and other job and
employment training providers shall provide to their related
state agencies such information as is necessary to provide a
follow-up of former participants in their programs. Information
provided shall not be published so as to identify an individual.
Enrolled Senate Bill 917 (SB 917-C) Page 14
(4) The Occupational Program Planning System shall be housed in
the Research and Statistics Section of the Employment Department.
Policy direction for the system shall be provided by the Oregon
Occupational Information Coordinating Committee, a committee of
the { - Oregon Workforce Quality Council - } { + Education
and Workforce Policy Advisor + }, which shall forward required
reports to appropriate state and local agencies.
(5) A report on the results of follow-up studies shall be
submitted biennially to the Education Committees of the
Legislative Assembly and to other appropriate legislative
committees.
(6) The Occupational Program Planning System shall cooperate
with the Interagency Shared Information System established under
ORS 329.965.
SECTION 27. ORS 329.960 is amended to read:
329.960. (1) The { - Workforce Quality Council - }
{ + Education and Workforce Policy Advisor + } shall provide
regional workforce investment technical assistance. The technical
assistance staff shall be accountable for developing and
maintaining necessary communication and advocacy links between
the { - Oregon Workforce Quality Council - } { + Education
and Workforce Policy Advisor + } and regional { + workforce + }
committees.
(2) The Economic Development Department shall establish
additional baseline information on employer practices related to
investment in employee training and education, high performance,
modernization and additional workplace practices and benchmarks
as identified by the { - council - } { + advisor + } and the
Oregon Progress Board.
(3) The Legislative Assembly believes that creating high skill,
high wage opportunities requires the assistance of partnerships
among business, labor, government and education and means that
thousands of regional and local leaders must know how to be
change agents in their communities, schools, workplaces and
interest groups.
{ - (4) Pursuant to rules adopted by the State Board of
Education, the Department of Education shall develop a Leadership
for Change Project. The Leadership for Change Project shall: - }
{ - (a) Provide training and ongoing support for the regional
workforce quality committees and their members to be change
agents in their communities; - }
{ - (b) Function as a connection between public and private
sector workforce development strategies; - }
{ - (c) Develop leaders across sectors prepared to act as
catalysts for change in workplaces, educational institutions and
public agencies; and - }
{ - (d) Identify people to collaborate on change projects,
provide support to people involved in change projects and
encourage networking among them. - }
SECTION 28. ORS 329.965 is amended to read:
329.965. (1) There is established the Interagency Shared
Information System. The purpose of the system is to collect and
share information for the development of statistical and
demographic data to facilitate the creation of strategies to
improve the education, training and quality of Oregon's
workforce. The system shall share aggregate information with a
state agency to allow the agency to develop policy, evaluate
policy and plan and measure performance.
(2) The Employment Department shall { - develop, implement
and - } administer the Interagency Shared Information System. The
Enrolled Senate Bill 917 (SB 917-C) Page 15
{ - Oregon Workforce Quality Council - } { + Education and
Workforce Policy Advisor + } shall oversee the
{ + development, + } implementation and { - administration - }
{ + monitoring + } of the system.
(3) Every agency or program that receives funding under
sections 125 and 129, chapter 765, Oregon Laws 1993, and the
Department of Corrections and the Department of Consumer and
Business Services shall provide information to the Interagency
Shared Information System. Information shall be provided by the
agency or program in a format that encodes identifying data,
including the client's social security number, using a formula
unique to the agency or program that shall not be disclosed to
the system. The information in the system is a public record.
However, the system is not the custodian of the information for
purposes of ORS 192.410 to 192.505. If a state agency described
in this subsection prepares or acquires a record that is
confidential under federal or state law, including ORS 192.502
(2), the state agency does not violate confidentiality laws by
providing the information described in this section.
Notwithstanding the provisions of ORS 279.355 (3), 279.359 (3),
285.183 and 657.665, the Bureau of Labor and Industries, the
State Job Training Partnership Administration of the Economic
Development Department and the Employment Department are
authorized to provide information to the Interagency Shared
Information System { - for purposes of chapter 667, Oregon Laws
1991, and chapter 765, Oregon Laws 1993 - } .
(4) A state agency shall not allow public access to information
received from the system that identifies a particular individual
unless required by law. Any officer or employee of any of the
participating agencies who, without proper authority, shall
disclose confidential information under this section thereafter
may be disqualified from holding any appointment or employment
with the State of Oregon. The Employment Department shall adopt
by rule procedures to prevent disclosure of confidential
information submitted to the system.
SECTION 29. ORS 329.975 is amended to read:
329.975. (1) When expended for grants to programs described in
ORS { - 329.900 (1)(d) and (3), - } 329.950 and 329.960 (2),
grant moneys shall be matched in the manner described in
subsections (2) and (3) of this section.
(2) In any biennium, each state agency administering a grant
program described in ORS { - 329.900 (1)(d) and (3), - }
329.950 and 329.960 (2), shall be required to secure matching
funds, on a dollar-for-dollar basis, for not less than 75 percent
of the total amount reserved by law for the program for that
biennium.
(3) An applicant for a grant from a program described in ORS
{ - 329.900 (1)(d) and (3), - } 329.950 and 329.960 (2), shall
be required to match, on a dollar-for-dollar basis, the amount of
the grant. However, the agency administering the program may
exempt the applicant from the 100 percent matching requirement
when the agency determines that the grant applicant is undergoing
economic hardship and that the purposes of ORS { - 329.900 - }
{ + 329.905 + } to 329.975 will be more readily accomplished by
a lower matching requirement. In any biennium, the total amount
of exemptions provided to grant applicants under this subsection
shall not exceed 25 percent of the amount reserved by law for a
program for that biennium.
Enrolled Senate Bill 917 (SB 917-C) Page 16
(4) In determining whether a grant applicant is undergoing
economic hardship for the purposes of this section, a state
agency shall consider:
(a) An applicant's ability to match the grant amount based on
both the assessed value per student, if applicable, and the
actual expenditure per student;
(b) The proportion or other measure of economically
disadvantaged persons residing within the district or area of the
applicant; and
(c) The level of unemployment in the district or area of the
applicant.
(5) A state agency shall credit an applicant's matching funds
in an amount that does not exceed 100 percent of the amount of
the grant given to the applicant. Moneys of an applicant that are
available to operate programs described in ORS { - 329.900
(1)(d) and (3), - } 329.950 and 329.960 (2), and that exceed 100
percent of the grant sought or given to the applicant shall not
be available for use as matching funds by any other applicant.
SECTION 30. ORS 342.443 is amended to read:
342.443. (1) The { - Oregon Office of Educational Policy and
Planning - } { + Education and Workforce Policy Advisor + }
shall report biennially to the Legislative Assembly longitudinal
data on the number and percentage of:
(a) Minority students enrolled in community colleges;
(b) Minority students applying for admission to public
four-year institutions of higher education;
(c) Minority students accepted in public four-year institutions
of higher education;
(d) Minority students graduated from public four-year
institutions of higher education;
(e) Minority candidates seeking to enter public teacher
education programs in this state;
(f) Minority candidates admitted to public teacher education
programs;
(g) Minority candidates who have completed approved public
teacher education programs;
(h) Minority candidates receiving Oregon teaching licenses
based on preparation in this state and preparation in other
states;
(i) Minority teachers who are newly employed in the public
schools in this state; and
(j) Minority teachers already employed in the public schools.
(2) The { - office - } { + advisor + } also shall report
comparisons of minorities' and nonminorities' scores on basic
skills, pedagogy and subject matter tests.
(3) The State System of Higher Education, the Department of
Education, the Teacher Standards and Practices Commission,
community colleges and school districts shall cooperate with the
{ - Oregon Office of Educational Policy and Planning - }
{ + advisor + } in collecting data and preparing the report.
SECTION 31. ORS 344.259 is amended to read:
344.259. (1) The State Board of Education shall coordinate
continuing education in lower division, developmental, adult
self-improvement, professional and technical education for
agencies under its regulatory authority. The State Board of
Higher Education shall coordinate continuing education in upper
division and graduate education for institutions under its
jurisdiction.
(2) Where significantly adverse impact is alleged by one or
more of the agencies listed in this subsection, the affected
Enrolled Senate Bill 917 (SB 917-C) Page 17
parties jointly shall provide for written agreements. These
agreements shall allocate responsibility for planning and
providing continuing education or off-campus instruction in
specific areas or by specific types. The agencies are:
(a) State Board of Education.
(b) State Board of Higher Education.
(c) Community college district.
(d) Independent college.
(e) Proprietary school.
(3) In the event the affected parties fail to reach a written
agreement within 120 days following receipt of written notice of
the allegation, either party may request the { - Oregon Office
of Educational Policy and Planning - } { + Education and
Workforce Policy Advisor + } to review and to recommend
resolution.
(4) Nothing in this section prohibits the offering of upper
division or graduate programs within 30 miles of the campus of
the Department of Higher Education institution offering the
program, or the offering of lower division programs within 30
miles of the campus offering the program in areas outside a
community college district. Such programs are entitled to the
same college credit and financial support as programs offered on
the campus of the institution.
SECTION 32. ORS 345.015 is amended to read:
345.015. ORS 345.010 to 345.450 do not apply to:
(1) Instruction or training solely avocational or recreational
in nature or to institutions offering such education exclusively.
(2) Schools that the Superintendent of Public Instruction
determines are adequately regulated by other means, including but
not limited to accreditation by the Northwest Association of
Schools and Colleges.
(3) Instruction or training sponsored or offered by a bona fide
trade, business, professional or fraternal organization or by a
business solely for the organization's membership or the
business's employees.
(4) Instruction or training sponsored, offered or contracted by
organizations, institutions or agencies, if the instruction or
training is advertised or promoted to be in the nature of
professional self-improvement but is not advertised or promoted
as leading to or fulfilling the requirements for licensing,
certification, accreditation or education credentials.
{ - (5) Any baccalaureate or higher degree-granting
institution under ORS 348.835 (1) or institution exempted under
the provisions of ORS 348.835 (2). - }
{ + (5) Any school approved by the State Scholarship
Commission to confer or offer to confer academic degrees under
section 11 of this 1997 Act or any school described in section 8
(2) of this 1997 Act. + }
(6) Schools offering only review instruction to prepare a
student to take an examination to enter a profession, where the
student has completed prior training related to that profession.
(7) Courses offered in hospitals which meet standards
prescribed by the American Medical Association or national
accrediting associations for nursing.
(8) Schools offering only courses of an advanced training or
continuing educational nature when offered solely to licensed
practitioners and people previously qualified or employed in a
related profession.
Enrolled Senate Bill 917 (SB 917-C) Page 18
(9) Any parochial or denominational institution providing
instruction or training relating solely to religion and which
does not grant degrees.
SECTION 33. ORS 348.505 is amended to read:
348.505. As used in ORS 348.393 to 348.399 and 348.505 to
348.695 { + : + } { - , - }
{ + (1) 'Commission' means the State Scholarship Commission.
(2) + } 'Financial aid' includes loans, grants, scholarships,
work opportunities and other forms of financial aid to assist
students in completing their post-high school education.
SECTION 34. ORS 348.520 is amended to read:
348.520. The State Scholarship Commission shall:
(1) Make available to qualified persons financial aid from
financial sources available to the commission.
(2) Determine qualifications of persons to receive financial
aid.
(3) Maintain reports and records on persons applying for and
receiving financial aid from the commission.
(4) Withhold any financial aid if the recipient thereof fails
to maintain the standards established for receipt of that aid.
(5) Recommend to the Legislative Assembly not less than once
every biennium matters relating to the establishment,
administration, modification, transfer, reduction or cancellation
of financial aid.
(6) Encourage the establishment of financial aid programs by
private agencies.
(7) Collect and disseminate information pertaining to all types
of available financial aid.
{ - (8) Serve as an advisory council to the Oregon Office of
Educational Policy and Planning. - }
{ - (9) - } { + (8) + } Review the administrative practices
and evaluate the effectiveness of all public and private
post-secondary financial aid programs in Oregon.
{ - (10) - } { + (9) + } Disburse state appropriations for
financial aid in such a manner as to maximize its role in
cooperative coordination of financial aid programs.
SECTION 35. ORS 348.530 is amended to read:
348.530. The State Scholarship Commission may:
(1) Negotiate for and contract with private and governmental
agencies for the establishment of financial aid programs.
(2) Receive gifts of any type, including gifts of stock and
real property, for the purpose of establishing, continuing and
increasing financial aid.
(3) Administer any form of financial aid submitted to and
accepted for administration by the commission.
(4) Authorize payment from funds appropriated therefor, of
costs, commissions, attorney fees and other reasonable expenses,
including refund of overpayment of fees, which are related to and
necessary for making and protecting guaranteed loans and
recovering moneys and loans and management of property acquired
in connection with such loans.
(5) Sue and be sued.
(6) Pursuant to ORS 183.310 to 183.550, adopt such rules as may
be necessary to carry out the provisions of ORS 348.040 to
348.280, 348.393 to 348.399 and 348.505 to 348.695 { + and
sections 7 to 15 of this 1997 Act + }.
(7) Cooperatively coordinate all types of financial aid
activities.
(8) Establish a State of Oregon scholar program to recognize
students with outstanding academic achievement and other
Enrolled Senate Bill 917 (SB 917-C) Page 19
demonstrated attributes. The students will not necessarily
receive financial aid.
(9) Guarantee loans by eligible lending institutions to student
residents of the State of Oregon who are enrolled or accepted for
enrollment at any eligible institution, nonresident students
enrolled or accepted for enrollment in an institution of higher
education or community college in Oregon, and parents of those
students, under the provisions of the Higher Education Act of
1965 as amended.
(10) Deny financial aid to any student owing a refund or in
default on financial aid previously made available to that
student.
(11) Establish and implement any program permitted under
federal law to guaranty agencies, including administrative
garnishment and wage withholding under Public Law 102-164,
section 605.
SECTION 36. ORS 351.203 is amended to read:
351.203. (1) The State Board of Higher Education shall
cooperate with the { - Oregon Office of Educational Policy and
Planning - } { + Education and Workforce Policy Advisor + } in
the development of a state comprehensive education plan including
post-secondary education and in review of the board's programs
and budget { - as provided in ORS 348.705 to 348.765 - } . { +
The board shall submit in timely fashion to the advisor such data
as is appropriate in a form prescribed by the advisor. + }
(2) The board shall { + cooperate with the mediation process
administered by the State Scholarship Commission pursuant to
section 10 of this 1997 Act and, if a negotiated resolution
cannot be reached by mediation, + } comply with the decisions of
the { - office - } { + commission + } regarding proposed new
post-secondary programs and proposed new post-secondary
locations { + , including those proposed by the Oregon Health
Sciences University for approval by the board under ORS
353.440 + } { - determined by the office to have a
significantly adverse impact on one or more segments of education
other than public institutions under the jurisdiction of the
board - } .
{ + NOTE: + } Section 37 was deleted by amendment. Subsequent
sections were not renumbered.
SECTION 38. ORS 657.730 is amended to read:
657.730. (1) As used in this section, unless the context
requires otherwise:
(a) 'Labor market analysis' means the measurement and
evaluation of economic forces as they relate to the employment
process in the local labor market area. Variables affecting labor
market relationships include, but are not limited to, such
factors as labor force changes and characteristics, population
changes and characteristics, occupational and industrial
structure and development, technological developments, shifts in
consumer demand, volume and extent of unionization and trade
disputes, recruitment practices, wage levels, conditions of
employment and training opportunities.
(b) 'Labor market area' means an economically integrated
geographic area within which individuals can reside and find
employment within a reasonable distance or can readily change
employment without changing their place of residence. Such areas
shall be identified in accordance with criteria used by the
Bureau of Labor Statistics of the United States Department of
Labor in defining such areas or similar criteria established by
the Director of the Employment Department. The area generally
Enrolled Senate Bill 917 (SB 917-C) Page 20
takes the name of its community. The boundaries depend primarily
on economic and geographic factors. The State of Oregon is
divided into labor market areas, which usually include a county
or group of contiguous counties.
(c) 'Labor market information' means the body of information
generated from measurement and evaluation of the socioeconomic
factors and variables influencing the employment process in the
state and specific labor market areas. These socioeconomic
factors and variables affect labor demand and supply
relationships and include:
(A) Labor force information, which includes but is not limited
to employment, unemployment, labor force participation, labor
turnover and mobility, average hours and earnings and changes and
characteristics of the population and labor force within specific
labor market areas and the state;
(B) Occupational information, which includes but is not limited
to occupational supply and demand estimates and projections,
characteristics of occupations, wage levels, job duties, training
and education requirements, conditions of employment,
unionization, retirement practices and training opportunities;
(C) Economic information, which includes but is not limited to
number of business starts and stops by industry and labor market
area, information on employment growth and decline by industry
and labor market area, employer establishment data and number of
union disputes and strikes by industry and labor market area; and
(D) Program information, which includes but is not limited to
program participant or student information gathered in
cooperation with other state and local agencies along with
related labor market information to evaluate the effectiveness,
efficiency and impact of state and local employment, training,
education and job creation efforts in support of planning,
management, implementation and evaluation.
(2) The Director of the Employment Department shall have the
following duties:
(a) Oversight, operation and management of a statewide
comprehensive labor market and occupational supply and demand
information system, including development of a five-year
employment forecast for state and labor market areas.
(b) Preparation of local labor market information packages for
the state's { - Workforce Quality Council regions - }
{ + regional workforce committees + }, including special studies
and job impact analyses in support of state and local employment,
training, education and job creation programs, especially
activities that prevent job loss, reduce unemployment and create
jobs.
(c) Coordination with other appropriate agencies to improve
employment estimates by enhancing data on corporate officers,
improving business establishment listings, expanding samples for
employment estimates and developing business entry or exit
analysis relevant to the generation of occupational and economic
forecasts.
(d) Production of long-term and occupational employment
forecasts in cooperation with other appropriate agencies.
(e) Coordination with other state agencies to study ways to
standardize federal and state multiagency administrative records,
such as unemployment insurance information and other information
to produce employment, training, education and economic analysis
needed to improve labor market information products and services.
(f) Production of labor market information and economic
analysis needed to facilitate the efficient and effective
Enrolled Senate Bill 917 (SB 917-C) Page 21
matching of the supply and demand of labor critical to an
effective labor exchange in Oregon. Information collected will be
coordinated with other public agencies through cooperative data
collection efforts for statistical analysis, research or studies
including, but not limited to, agricultural labor supply and
demand, high performance organizations, targeted industries
programs, and industrial improvement and expansion.
(g) Administration of other appropriate labor market
information activities.
(3) To implement this section, the director shall have
authority to:
(a) Establish rules and procedures to recover reasonable costs
incurred in producing and providing:
(A) Labor market information products developed by the
Employment Department in the ordinary course of business when the
request results in costs over and above the ordinary costs of
production including, but not limited to, special publication
runs, photocopying or supplying the copy in some other medium;
and
(B) Special labor market information products in response to
individual requests { - which - } { + that + } incur costs
beyond the ordinary costs of doing business including, but not
limited to, computer time, staff costs, preparation and
distribution of surveys, electronic scanning, and special data
collection, formatting and analysis. The director may enter into
agreements with other public agencies to provide special labor
market information products in a quid pro quo arrangement.
(b) Receive federal set aside funds from federal programs that
are authorized to fund state and local labor market information
and are required to use such information in support of their
programs.
(c) Enter into agreements for statistical analysis, research or
evaluation studies of privately and publicly funded employment,
training, education and economic development programs.
SECTION 39. ORS 680.515 is amended to read:
680.515. (1) Upon application, accompanied by the fee
established by the State Board of Denture Technology, the Health
Division shall grant a license to practice denture technology to
any applicant who:
(a) Furnishes satisfactory evidence that the applicant has
successfully completed an associate degree program in denture
technology, or the equivalent in formal, post-secondary
education, approved by the Health Division in consultation with
the { - Oregon Office of Educational Policy and Planning - }
{ + State Scholarship Commission + } and the Department of
Education. The educational program shall include pertinent
courses in anatomy, including histology, microbiology,
physiology, pharmacology, pathology emphasizing periodontology,
dental materials, medical emergencies, geriatrics, professional
ethics, clinical denture technology and denture laboratory
technology;
(b) Furnishes satisfactory evidence that the applicant has
successfully completed, during or after post-secondary study, a
minimum of 1,000 hours in the practice of denture technology
under direct supervision of an approved school or has completed
the equivalent supervised experience, as determined by the Health
Division in consultation with the { - Oregon Office of
Educational Policy and Planning - } { + State Scholarship
Commission + } and the Department of Education; and
Enrolled Senate Bill 917 (SB 917-C) Page 22
(c) Performs to the satisfaction of the division on a written
and a practical examination prescribed by the board and given at
least annually between June 15 and August 15. An applicant who
fails the practical examination must complete an additional 1,000
hours of clinical and laboratory training in an approved work
experience program, as determined by the board, to qualify for
reexamination.
(2) Notwithstanding subsection (1)(a) of this section, the
board may accept educational training obtained in any other state
or country if, upon review of satisfactory evidence, the division
determines that the educational program in the other state or
country meets the educational standards prescribed under this
section.
SECTION 40. ORS 680.545 is amended to read:
680.545. (1) Denturists shall not treat any person without
having first received a statement, dated within 30 days of the
date of treatment and signed by a dentist or a physician, that
such person's oral cavity is substantially free from disease and
mechanically sufficient to receive a denture.
(2) Notwithstanding subsection (1) of this section, statements
from a dentist or physician are not required:
(a) For the purpose of repairing a denture;
(b) For the purpose of relining a denture;
(c) For the purpose of replacing a denture fitted within the
prior year; or
(d) If the denturist providing the work has successfully
completed special training in oral pathology prescribed by the
Health Division whether as part of an approved associate degree
program or equivalent training and the person has applied for and
received an oral pathology indorsement.
(3) To qualify for an oral pathology indorsement, a denturist
who is not described in subsection (2)(d) of this section must
successfully complete special training or the equivalent and pass
an examination prescribed by the board in consultation with the
{ - Oregon Office of Educational Policy and Planning - } { +
State Scholarship Commission + }.
SECTION 41. ORS 684.040 is amended to read:
684.040. (1) Any person applying for a license to practice
chiropractic in this state shall make application to the State
Board of Chiropractic Examiners, upon such form and in such
manner as may be provided by the board. The application must be
accompanied by a nonrefundable fee of $150.
(2) Each applicant shall furnish to the board:
(a) Evidence satisfactory to the board of the applicant's good
moral character.
(b) A certificate of proficiency in the fundamental sciences
(Part I, taken subsequent to January 1, 1971) issued to the
applicant by the National Board of Chiropractic Examiners.
(c) Evidence of successful completion of at least two years of
liberal arts and sciences study, in a college or university
accredited by either the Northwest Association of Schools and
Colleges or a like regional association or in a college or
university in Oregon approved for granting degrees by the
{ - Oregon Office of Educational Policy and Planning - }
{ + State Scholarship Commission + }prior to matriculation into
a chiropractic school or college.
(d) A diploma and transcript, certified by the registrar, or
other documents satisfactory to the board evidencing graduation
from a chiropractic school or college approved by the board under
the board's academic standards, or from a school accredited by
Enrolled Senate Bill 917 (SB 917-C) Page 23
the Council on Chiropractic Education or its successor agency,
under standards that are accepted and adopted biennially by the
board in the version applied to that school by the accrediting
agency.
(e) A statement of any other health care provider license in
this state held by the applicant, with identifying information
required by the board.
(3) The board may waive the requirements of subsection (2)(c)
of this section for any applicant for a license to practice
chiropractic if the applicant is licensed in another state and
practiced chiropractic in that state, but the applicant must pass
the examination authorized by ORS 684.050 or by ORS 684.052.
SECTION 42. ORS 685.060 is amended to read:
685.060. (1) The minimum educational requirements for license
under the provisions of this chapter shall be:
(a) At least two years' satisfactory liberal arts and sciences
study, or either, in a college or university accredited by either
the Northwest Association of Schools and Colleges or a like
regional association or in a college or university in Oregon
approved for granting degrees by the { - Oregon Office of
Educational Policy and Planning - } { + State Scholarship
Commission + }as evidenced by certificate or transcript of
credits from the college or university; and
(b) Graduation from an approved naturopathic school or college.
(2) The studies required of the applicant for a license to
practice naturopathic medicine in this state shall include
anatomy, histology, embryology, physiology, chemistry, pathology,
bacteriology, public health and hygiene, toxicology, obstetrics
and gynecology, diagnosis, theory, practice and philosophy of
naturopathic medicine, electrotherapy, hydrotherapy,
physiotherapy, clinics, eye-ear-nose-throat, minor surgery, first
aid, herbology, proctology, dietetics, jurisprudence, and such
other naturopathic subjects as the board may require, except
major surgery, with a total of not less than 4,000 lecture or
recitation hours.
SECTION 43. { + The Oregon Office of Educational Policy and
Planning is abolished. The duties, functions and powers of the
Oregon Office of Educational Policy and Planning relating to
academic degrees and post-secondary programs are transferred to
the State Scholarship Commission. The duties, functions and
powers of the office relating to educational policy and workforce
development are transferred to the Education and Workforce Policy
Advisor. + }
SECTION 44. { + The Director of the Oregon Office of
Educational Policy and Planning shall deliver to the State
Scholarship Commission all records and property within the
jurisdiction of the office that relate to the duties, functions
and powers transferred to the commission, and shall transfer
those employees engaged primarily in the exercise of the duties,
functions and powers so transferred. The director shall deliver
to the Education and Workforce Policy Advisor all records and
property within the jurisdiction of the office that relate to the
duties, functions and powers transferred to the advisor. Any
dispute as to transfers of personnel or property under this
section shall be resolved by the Governor, and the Governor's
decision is final. + }
SECTION 45. { + All unexpended and unobligated moneys
appropriated or otherwise available to the Oregon Office of
Educational Policy and Planning for the purposes of any of its
duties, functions or powers transferred by this Act to the State
Enrolled Senate Bill 917 (SB 917-C) Page 24
Scholarship Commission are appropriated to the commission. All
unexpended and unobligated moneys appropriated or otherwise
available to the office for the purposes of any of its duties,
functions or powers transferred by this Act to the Education and
Workforce Policy Advisor, are appropriated to the advisor. + }
SECTION 46. { + The Oregon Office of Educational Policy and
Planning Account is abolished. On the effective date this Act,
all unexpended and unobligated moneys in the account relating to
academic degrees and post-secondary programs are transferred and
appropriated to the State Scholarship Commission Fund, and all
unexpended and unobligated moneys in the account relating to
educational policy and workforce development are transferred and
appropriated to the Education and Workforce Policy Advisor. + }
SECTION 47. { + (1) Any proceeding, action, prosecution or
other business or matter undertaken or commenced before the
effective date of this Act by the Oregon Office of Educational
Policy and Planning, with respect to the duties, functions or
powers transferred to the State Scholarship Commission by this
Act, and still pending on the effective date of this Act, may be
conducted and completed by the commission in the same manner,
under the same terms and conditions and with the same effect as
though undertaken, conducted or completed by the office before
the transfer.
(2) Any proceeding, action, prosecution or other business or
matter undertaken or commenced before the effective date of this
Act by the Oregon Office of Educational Policy and Planning, with
respect to the duties, functions or powers transferred to the
Education and Workforce Policy Advisor by this Act, and still
pending on the effective date of this Act, may be conducted and
completed by the advisor in the same manner, under the same terms
and conditions and with the same effect as though undertaken,
conducted or completed by the office before the transfer. + }
SECTION 48. { + Nothing in this Act relieves any person of any
obligation with respect to a tax, fee, fine or other charge,
interest, penalty, forfeiture or other liability, duty or
obligation. + }
SECTION 49. { + (1) The State Scholarship Commission, to which
duties, functions and powers are assigned and transferred by this
Act, is considered to be a continuation of the Oregon Office of
Educational Policy and Planning with respect to such duties,
functions and powers, and not a new authority, for the purpose of
succession to all rights and obligations of the office as
constituted at the time of such assignment or transfer, except as
otherwise provided by this Act, with the same force and effect as
if such duties, functions and powers had not been assigned or
transferred.
(2) The Education and Workforce Policy Advisor to which duties,
functions and powers are assigned and transferred by this Act is
considered to be a continuation of the Oregon Office of
Educational Policy and Planning with respect to such duties,
functions and powers, and not a new authority, for the purpose of
succession to all rights and obligations of the office as
constituted at the time of such assignment or transfer, except as
otherwise provided by this Act, with the same force and effect as
if such duties, functions and powers had not been assigned or
transferred. + }
SECTION 50. { + (1) Whenever, in any law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized thereby, reference is made to the Oregon
Office of Educational Policy and Planning, or an employee
Enrolled Senate Bill 917 (SB 917-C) Page 25
thereof, whose duties, functions or powers are assigned or
transferred to the State Scholarship Commission by this Act,
except as otherwise provided in this Act, such reference is
considered to describe the commission, or employee thereof, that
by this Act is charged with carrying out such duties, functions
and powers.
(2) Whenever, in any law or resolution of the Legislative
Assembly or in any rule, document, record or proceeding
authorized thereby, reference is made to the Oregon Office of
Educational Policy and Planning, or employee thereof, whose
duties, functions or powers are assigned or transferred to the
Education and Workforce Policy Advisor by this Act, except as
otherwise provided in this Act, such reference is considered to
describe the advisor, or employee thereof, that by this Act is
charged with carrying out such duties, functions and powers. + }
SECTION 51. { + (1) The lawful rules of the Oregon Office of
Educational Policy and Planning with respect to duties, functions
or powers assigned or transferred to the State Scholarship
Commission by this Act continue in effect until superseded or
rescinded by rules lawfully adopted by the commission to which
was transferred the duty, function or power to which the rules
apply.
(2) The lawful rules of the Oregon Office of Educational Policy
and Planning with respect to duties, functions or powers assigned
or transferred to the Education and Workforce Policy Advisor by
this Act continue in effect until superseded or rescinded by
rules lawfully adopted by the advisor to which was transferred
the duty, function or power to which the rules apply. + }
SECTION 52. { + The regional workforce quality committees are
abolished. The duties, functions and powers of the committees are
transferred to the regional workforce committees. + }
SECTION 53. { + Each regional workforce quality committee
shall deliver to the corresponding regional workforce committee
all records and property within the jurisdiction of the committee
that relate to the duties, functions and powers transferred. The
regional workforce committee to which such delivery and transfer
is made shall take possession of such property. Any dispute as to
transfers of property under this section shall be resolved by the
Governor, and the Governor's decision is final. + }
SECTION 54. { + The Oregon Educational Advisory Council is
abolished. The duties, functions and powers of the Oregon
Educational Advisory Council relating to academic degrees and
post-secondary programs are transferred to the State Scholarship
Commission. The duties, functions and powers of the council
relating to educational policy and workforce development are
transferred to the Education and Workforce Policy Advisor. + }
SECTION 55. { + The Oregon Educational Advisory Council shall
deliver to the State Scholarship Commission all records and
property within the jurisdiction of the council that relate to
the duties, functions and powers transferred to the commission.
The council shall deliver to the Education and Workforce Policy
Advisor all records and property within the jurisdiction of the
council that relate to the duties, functions and powers
transferred to the advisor. Any dispute as to transfers of
personnel or property under this section shall be resolved by the
Governor, and the Governor's decision is final. + }
SECTION 56. { + The Council for Professional Technical
Education is abolished. The duties, functions and powers of the
council are transferred to the Education and Workforce Policy
Advisor. + }
Enrolled Senate Bill 917 (SB 917-C) Page 26
SECTION 57. { + The Council for Professional Technical
Education shall deliver to the Education and Workforce Policy
Advisor all records and property within the jurisdiction of the
council that relate to the duties, functions and powers
transferred. The advisor shall take possession of such property.
Any dispute as to transfers of property under this section shall
be resolved by the Governor, and the Governor's decision is
final. + }
SECTION 58. { + The Oregon Workforce Quality Council is
abolished. The duties, functions and powers of the council are
transferred to the Education and Workforce Policy Advisor. + }
SECTION 59. { + The Oregon Workforce Quality Council shall
deliver to the Education and Workforce Policy Advisor all records
and property within the jurisdiction of the council that relate
to the duties, functions and powers transferred. The advisor
shall take possession of such property. Any dispute as to
transfers of property under this section shall be resolved by the
Governor, and the Governor's decision is final. + }
SECTION 60. { + (1) For the purpose of harmonizing and
clarifying statute sections published in Oregon Revised Statutes,
the Legislative Counsel may substitute for words designating the
Oregon Office of Educational Policy and Planning, wherever they
occur in Oregon Revised Statutes relating to educational policy
and workforce development, other words designating the Education
and Workforce Policy Advisor.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon Office of
Educational Policy and Planning, wherever they occur in Oregon
Revised Statutes relating to academic degrees and post-secondary
programs, other words designating the State Scholarship
Commission.
(3) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Director of the
Oregon Office of Educational Policy and Planning, wherever they
occur in Oregon Revised Statutes relating to educational policy
and workforce development, other words designating the the
Education and Workforce Policy Advisor.
(4) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Director of the
Oregon Office of Educational Policy and Planning, wherever they
occur in Oregon Revised Statutes relating to academic degrees and
post-secondary programs, other words designating the State
Scholarship Commission.
(5) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon Office of
Educational Policy and Planning Account, wherever they occur in
Oregon Revised Statutes, other words designating the State
Scholarship Commission Fund.
(6) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon
Educational Advisory Council, wherever they occur in Oregon
Revised Statutes relating to educational policy and workforce
development, other words designating the Education and Workforce
Policy Advisor.
Enrolled Senate Bill 917 (SB 917-C) Page 27
(7) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon
Educational Advisory Council, wherever they occur in Oregon
Revised Statutes relating to academic degrees and post-secondary
programs, other words designating the State Scholarship
Commission.
(8) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Oregon Workforce
Quality Council, wherever they occur in Oregon Revised Statutes,
other words designating the Education and Workforce Policy
Advisor.
(9) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating a regional workforce
quality committee, wherever they occur in Oregon Revised
Statutes, other words designating a regional workforce
committee. + }
SECTION 61. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the State Scholarship
Commission, for the biennium beginning July 1, 1997, out of the
General Fund, the sum of $227,971 for the purposes of carrying
out the functions, duties and powers related to academic degrees
and post-secondary programs transferred to the commission by this
Act. + }
SECTION 62. { + Notwithstanding any other law limiting
expenditures of the State Scholarship Commission for the payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts and revenues for administration of the
Federal Family Education Loans Program, but excluding lottery
funds and federal funds, collected or received by the State
Scholarship Commission, for the biennium beginning July 1, 1997,
the limitation on expenditures established by section 2, chapter
__ , Oregon Laws 1997 (Enrolled Senate Bill 5530), is increased
by $60,314 for the purposes of carrying out the functions, duties
and powers related to academic degrees and post-secondary
programs transferred to the commission by this Act. + }
SECTION 63. { + ORS 329.900, 329.910, 329.940, 329.970,
344.205, 344.225, 344.235, 344.245, 344.747, 348.705, 348.715,
348.755, 348.765, 348.830, 348.835, 348.840, 348.845, 348.855,
348.865, 348.875, 348.885 and 348.990 are repealed. + }
SECTION 64. { + Sections 1, 2 and 3, chapter 224, Oregon Laws
1997 (Enrolled Senate Bill 294) (amending ORS 348.835, 348.885
and 348.990), are repealed. + }
SECTION 65. { + Section 7, chapter 61, Oregon Laws 1997
(Enrolled House Bill 2124) (amending ORS 329.900), is
repealed. + }
SECTION 66. { + If Senate Bill 825 becomes law, section 1,
chapter ___, Oregon Laws 1997 (Enrolled Senate Bill 825)
(amending ORS 329.940), is repealed. + }
SECTION 67. { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect July 1, 1997. + }
----------
Enrolled Senate Bill 917 (SB 917-C) Page 28
Passed by Senate July 4, 1997
Repassed by Senate July 5, 1997
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House July 5, 1997
...........................................................
Speaker of House
Enrolled Senate Bill 917 (SB 917-C) Page 29
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled Senate Bill 917 (SB 917-C) Page 30