Chapter 39 Oregon Laws 1999

Session Law

AN ACT

SB 165

Relating to community colleges; creating new provisions; and amending ORS 285A.443, 285A.446, 326.111, 326.375, 329.190, 687.011, 815.080, 820.130 and 820.150.

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

SECTION 1. The Department of Community Colleges and Workforce Development shall function under the direction and control of the State Board of Education with the Commissioner for Community College Services serving as an administrative officer for community college matters.

SECTION 2. (1) It is the intent of the Legislative Assembly to change the name of the Office of Community College Services to the Department of Community Colleges and Workforce Development.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Office of Community College Services, wherever they occur in Oregon Revised Statutes, other words designating the Department of Community Colleges and Workforce Development.

SECTION 3. ORS 326.111 is amended to read:

326.111. (1) The Department of Education shall function under the direction and control of the State Board of Education with the Superintendent of Public Instruction serving as an administrative officer for public school matters [and the Commissioner for Community College Services serving as an administrative officer for community college matters].

(2) The Department of Education shall consist of:

[(a) The State Board of Education;]

[(b) The Office of Community College Services;]

[(c)] (a) [Such other] Agencies and officers [as] that are added by law to the Department of Education; and

[(d)] (b) The administrative organizations and staffs required for the performance of the department's functions.

(3) All administrative functions of the State Board of Education shall be exercised through the Department of Education, and the department shall exercise all administrative functions of the state relating to supervision, management and control of schools [and community colleges] not conferred by law on some other agency.

[(4) The Office of Community College Services may negotiate with the Federal Government on federal funds for community colleges to possess an agency accounting number separate from that for other department activities, to reimburse the department for such central services as the office desires to use and to pay such personnel assessments, rent and utility costs and other costs as may be attributable to the office and separable from expenses and costs for other activities of the Department of Education.]

SECTION 4. ORS 326.375 is amended to read:

326.375. (1) The State Board of Education shall appoint a Commissioner for Community College Services who shall serve at the pleasure of the board.

(2) The commissioner shall be a person who by training and experience is well qualified to perform the duties of the office and to assist in carrying out the functions of the board under ORS 326.041, 326.051, 326.375, 341.005, 341.015, 341.440, 341.455, 341.626, 341.655 and 341.933.

(3) [Notwithstanding ORS 326.310 (1) and (2),] The commissioner shall:

(a) Be the executive head of the [Office] Department of Community [College Services] Colleges and Workforce Development;

(b) Direct and supervise all activities of the [Office] Department of Community [College Services] Colleges and Workforce Development;

(c) Hire staff, as authorized by the State Board of Education to assist in carrying out the duties of the commissioner. The staff shall be considered employees of the [Office] Department of Community [College Services] Colleges and Workforce Development for purposes of ORS chapters 240 and 243; and

(d) Be responsible directly to the State Board of Education for those duties enumerated in ORS chapter 341.

(4) The commissioner, with approval of the State Board of Education, shall be responsible for the representation of community college interests to the Governor, the Legislative Assembly, state agencies and others. The commissioner, with the approval of the state board, shall be responsible for submitting community college budget requests and budget reports for the [Office] Department of Community [College Services] Colleges and Workforce Development to the Legislative Assembly. The state board shall insure that the budget request for community colleges and for the [Office] Department of Community [College Services] Colleges and Workforce Development are separate and distinct from its other requests to the Legislative Assembly.

SECTION 5. ORS 329.190 is amended to read:

329.190. The Department of Education and the [Office] Department of Community [College Services] Colleges and Workforce Development shall establish an advisory committee composed of interested parents and representatives from the State Commission on Children and Families, health care profession, early childhood education and development staff preparation programs, Oregon Head Start Association, school districts, community colleges, Early Intervention Council, child care and other organizations as considered necessary by the Department of Education and the [Office] Department of Community [College Services] Colleges and Workforce Development to assist with the establishment of the approved Oregon prekindergarten and parent-as-teacher programs.

SECTION 6. ORS 285A.443 is amended to read:

285A.443. As used in ORS 285A.443 to 285A.449:

(1) ["Office"] "Department" means the [Office] Department of Community [College Services] Colleges and Workforce Development.

(2) "Participant" means a person receiving training in programs conducted under the federal Job Training Partnership Act (29 U.S.C. 1501).

(3) "Participant records" means records relating to matters such as grades, conduct, personal and academic evaluations, results of psychometric testing, counseling, disciplinary actions, if any, and other personal matters.

SECTION 7. ORS 285A.446 is amended to read:

285A.446. (1) All participant records maintained by the local service delivery area providers or any public or private agency involved in Job Training Partnership Act programs shall be confidential and except as provided in ORS 285A.443 to 285A.449 shall be open for inspection only in accordance with such rules as the [Office] Department of Community [College Services] Colleges and Workforce Development shall adopt.

(2) A participant may provide written consent for the examination or release of any record pertaining to the participant.

(3) All information contained in participant files shall be available for inspection by the participant, and the participant's parent or legal guardian if the participant is under 18 years of age. Participant behavioral records shall be released only in the presence of an individual qualified to explain or interpret the records.

(4) The [office] department may adopt rules to provide the circumstances under which participant names or records may be made available for inspection when:

(a) Ordered by a court of competent jurisdiction.

(b) Necessary to protect the health or safety of a participant or another.

(d) Necessary for program staff work or studies of a statistical or demographic nature.

(e) Necessary to carry out the planning and coordinating functions between state and local agencies required by the federal Job Training Partnership Act (29 U.S.C. 1501), as amended, and the Job Training Partnership Act section of the [Office] Department of Community [College Services] Colleges and Workforce Development.

SECTION 8. (1) The amendments to ORS 285A.446 by section 7 of this 1999 Act are intended to change the name of the Job Training Partnership Act section of the Office of Community College Services to the Job Training Partnership Act section of the Department of Community Colleges and Workforce Development.

(2) For the purpose of harmonizing and clarifying statute sections published in Oregon Revised Statutes, the Legislative Counsel may substitute for words designating the Job Training Partnership Act section of the Office of Community College Services, wherever they occur in Oregon Revised Statutes, other words designating the Job Training Partnership Act section of the Department of Community Colleges and Workforce Development.

SECTION 9. ORS 687.011 is amended to read:

687.011. As used in this chapter:

(1) "Board" means the State Board of Massage Technicians.

(2) "Certified class" means a class that is approved by the board and is offered:

(a) By a person or institution licensed as a career school under ORS 345.010 to 345.450;

(b) By a community college and approved by the [Department] State Board of Education; or

(3) "Fraud or misrepresentation" means knowingly giving misinformation or a false impression through the intentional misstatement of, concealment of or failure to make known a material fact or by other means.

(4) "Manual" means the use of the hands or the feet, or both, or any part of the body in the performance of massage.

(5) "Massage" or "massage therapy" means the use on the human body of pressure, friction, stroking, tapping or kneading, vibration or stretching by manual or mechanical means or gymnastics, with or without appliances such as vibrators, infrared heat, sun lamps and external baths, and with or without lubricants such as salts, powders, liquids or creams for the purpose of, but not limited to, maintaining good health and establishing and maintaining good physical condition.

(6) "Massage technician" means a person licensed under this chapter to practice massage.

(7) "Practice of massage" means the performance of massage:

(a) For purposes other than sexual contact, as defined in ORS 167.002 (5); and

(b) For compensation.

(8) "Preceptor" means a licensed massage technician who contracts with an approved school or program of massage to provide direct on-site clinical supervision of a massage student enrolled in a certified class.

(9) "Supervision" means:

(a) The process of overseeing and directing the training of massage students as set forth in rules of the board;

(b) The process of overseeing and directing a licensee being disciplined by the board; or

(c) Voluntary consultation with, and education of, less experienced licensed massage technicians or practitioners in related fields.

(10) "Treatment" means the selection, application and practice of massage or massage therapy essential to the effective execution and management of a plan of care.

(11) "Unprofessional or dishonorable conduct" means a behavior, practice or condition that is contrary to the ethical standards adopted by the board.

SECTION 10. ORS 815.080 is amended to read:

815.080. (1) A person commits the offense of providing an unapproved safety belt, harness equipment or child safety system if the person does any of the following:

(a) Sells or offers for sale a new motor vehicle that is not equipped with safety belts, safety harnesses or child safety systems that comply with and are installed in compliance with the rules adopted by the Department of Transportation under ORS 815.055. This paragraph only applies to motor vehicles that are primarily designed for transportation of individuals and that have seating for one or more passengers side-by-side with the operator. This paragraph only requires that the vehicle be equipped with one seat belt or harness for the operator and one for at least one of the passengers seated beside the operator.

(b) Sells or offers for sale any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety system if the belt, harness, child safety system, anchor or device does not comply with the rules adopted by the department under ORS 815.055. This paragraph only applies to belts, harnesses, child safety systems, anchors or devices for use or installation on a vehicle that is primarily designed for transportation of individuals.

(c) Sells or offers for sale any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety systems if the belt, harness, child safety system, anchor or device is not marked as required under ORS 815.055 and if the mark is not legible when the belt, harness, child safety system, anchor or other device is used or installed on a vehicle. This paragraph only applies to belts, harnesses, child safety systems, anchors or devices for use or installation on a vehicle that is primarily designed for transportation of individuals.

(d) Installs any safety belt, safety harness, child safety system, anchor or other device for attaching or securing safety belts, safety harnesses or child safety systems on a vehicle that is primarily designed for the transportation of individuals except in compliance with rules adopted by the department under ORS 815.055.

(2) This section does not apply to school buses or school activity vehicles that are subject to equipment standards adopted by the [Department] State Board of Education or the State Board of Higher Education under ORS 820.100.

(3) The offense described in this section, providing an unapproved safety belt, harness equipment or child safety system, is a Class C traffic infraction.

SECTION 11. ORS 820.130 is amended to read:

820.130. The Department of Transportation shall issue registration for a school bus when notified that the vehicle conforms to applicable rules under ORS 820.100 to 820.120 and that the vehicle is safe for operation on the highways. Notification required by this section shall be from:

(1) The [Department] State Board of Education or its authorized representative regarding vehicles under its regulatory authority.

(2) The State Board of Higher Education or its authorized representative regarding vehicles under its jurisdiction.

SECTION 12. ORS 820.150 is amended to read:

820.150. (1) The State Board of Education, by rule, may establish classes or types of vehicles that are not considered school buses or school activity vehicles for purposes of the Oregon Vehicle Code or classes of school buses or school activity vehicles that are not subject to regulation under the Oregon Vehicle Code either partially or completely.

(2) The State Board of Higher Education may adopt separate rules of the type described under this section for vehicles that are under its jurisdiction.

(3) Rules adopted under this section are subject to the following:

(a) Any exemption, either partial or total, established under this section may be based upon passenger capacity, on limited use or on any other basis the [board or Department of Education] State Board of Education or the State Board of Higher Education considers appropriate.

(b) No exemption, either partial or total, shall be established under this section for any vehicle that is marked with or displays the words "school bus."

(c) Any vehicle determined not to be a school bus under this section is not a school bus within the definition established under ORS 801.460. Partial exemptions established for vehicles under this section may include removal of the vehicle from any provisions relating to school buses under the vehicle code.

(d) Any vehicle determined not to be a school activity vehicle under this section is not a school activity vehicle within the definition established under ORS 801.455. Partial exemptions established for vehicles under this section may include removal of the vehicle from any provisions relating to school activity vehicles under the vehicle code.

(e) In considering any rules under this section, the boards shall consider the need to assure student safety.

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date October 23, 1999

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