Chapter 14 Oregon Laws 2003

AN ACT

SB 81

Relating to correction of erroneous material in Oregon law; creating new provisions; amending ORS 1.150, 1.194, 2.100, 2.570, 8.415, 8.730, 9.050, 9.370, 9.665, 9.850, 10.080, 14.110, 30.010, 34.720, 35.215, 35.390, 40.385, 40.510, 51.090, 52.650, 58.015, 67.005, 79.0315, 79.0512, 79.0516, 79.0519, 79.0522, 79.0523, 84.046, 90.150, 92.016, 93.160, 93.810, 94.823, 94.846, 94.853, 101.060, 107.135, 107.725, 113.095, 113.145, 128.266, 128.876, 129.025, 129.035, 129.045, 129.115, 133.721, 133.736, 133.737, 137.020, 137.123, 137.635, 146.035, 153.093, 165.540, 166.270, 166.293, 166.410, 169.090, 171.857, 174.107, 174.535, 176.780, 177.030, 179.010, 179.105, 179.331, 179.495, 179.610, 179.750, 181.537, 181.620, 181.637, 181.638, 181.725, 181.870, 181.871, 183.458, 184.616, 190.083, 190.520, 192.502, 192.515, 192.517, 192.580, 192.630, 196.810, 198.705, 199.432, 215.251, 221.110, 221.120, 221.130, 221.901, 221.902, 221.905, 221.908, 221.909, 221.911, 221.916, 221.919, 238.005, 238.415, 243.850, 244.020, 244.060, 251.005, 254.462, 261.171, 261.190, 261.200, 261.355, 261.360, 261.410, 261.415, 261.420, 261.710, 267.320, 273.251, 273.331, 273.553, 273.554, 273.556, 273.558, 276.040, 279.027, 279.316, 279.334, 285A.143, 288.420, 291.228, 294.435, 326.051, 327.405, 333.195, 339.155, 339.460, 339.505, 344.259, 344.710, 348.702, 351.067, 351.070, 351.450, 351.460, 351.676, 357.925, 366.512, 376.505, 376.745, 377.790, 377.795, 390.134, 390.139, 390.332, 390.971, 398.132, 409.140, 409.420, 409.425, 409.520, 409.710, 410.600, 411.060, 411.240, 411.245, 411.575, 411.580, 412.710, 413.005, 413.070, 413.140, 413.240, 414.025, 414.047, 414.325, 414.327, 414.712, 414.725, 414.735, 414.821, 414.823, 414.825, 414.827, 414.829, 414.831, 414.833, 414.834, 414.835, 414.837, 414.839, 416.810, 417.795, 418.005, 418.035, 418.042, 418.070, 418.075, 418.085, 418.130, 418.155, 418.280, 418.285, 418.305, 418.325, 418.470, 418.475, 419B.035, 419B.045, 419B.116, 419B.893, 419B.896, 419B.899, 419B.902, 421.120, 421.122, 421.590, 426.020, 426.070, 426.127, 426.237, 426.395, 430.368, 430.763, 431.230, 431.418, 432.500, 433.035, 433.045, 433.235, 436.255, 436.335, 441.015, 441.087, 441.124, 441.277, 441.303, 441.705, 441.712, 442.315, 443.015, 443.738, 443.739, 443.740, 443.795, 443.860, 443.885, 446.210, 447.060, 447.072, 447.231, 448.265, 448.315, 448.409, 448.410, 451.410, 451.573, 451.575, 453.235, 453.265, 453.879, 455.473, 455.775, 455.895, 456.060, 456.315, 458.505, 459.005, 459.305, 459A.515, 460.165, 462.010, 462.062, 462.127, 464.350, 465.315, 468B.110, 468B.130, 468B.217, 475.302, 475.309, 475.565, 475A.005, 475A.085, 475A.110, 477.200, 477.210, 477.315, 477.365, 477.580, 477.880, 479.140, 479.195, 479.540, 479.545, 479.560, 479.570, 479.610, 479.630, 479.640, 479.650, 479.660, 479.820, 479.840, 479.910, 479.940, 479.945, 479.995, 496.610, 506.006, 506.511, 517.090, 517.780, 517.956, 527.710, 537.252, 540.990, 541.377, 542.750, 543A.415, 561.279, 564.110, 565.423, 565.447, 566.350, 578.230, 579.010, 596.050, 596.095, 596.225, 596.331, 601.050, 603.010, 616.020, 616.205, 616.790, 618.010, 618.036, 618.041, 618.051, 618.501, 619.051, 621.065, 621.418, 622.290, 624.010, 624.530, 624.990, 632.705, 632.786, 632.910, 632.990, 633.511, 633.640, 633.651, 633.670, 633.690, 633.700, 633.750, 633.996, 634.142, 634.660, 646.498, 648.125, 652.390, 652.435, 652.500, 652.510, 653.010, 656.054, 657.321, 657.331, 657.333, 657.385, 657.552, 660.126, 663.005, 663.025, 663.110, 670.380, 671.085, 671.310, 671.325, 671.338, 671.365, 671.393, 671.395, 671.404, 671.408, 671.415, 671.425, 671.445, 671.540, 671.950, 671.992, 672.007, 674.343, 675.050, 675.595, 678.021, 681.480, 682.109, 682.335, 682.345, 688.625, 693.020, 693.025, 693.115, 701.005, 701.992, 703.480, 711.540, 716.028, 731.216, 732.005, 732.470, 734.577, 743.656, 743.814, 746.191, 756.032, 756.036, 757.601, 759.425, 801.207, 801.255, 802.155, 803.601, 805.255, 805.256, 806.240, 807.010, 807.020, 807.031, 807.035, 807.036, 807.070, 807.072, 807.110, 807.122, 807.140, 807.170, 807.175, 807.220, 807.230, 807.252, 807.280, 807.340, 807.350, 807.370, 807.610, 809.360, 809.410, 810.365, 810.434, 810.435, 810.436, 811.808, 813.010, 813.020, 815.010, 815.040, 830.092, 830.094, 830.110, 830.770, 830.780, 830.830, 835.205 and 836.005 and section 10, chapter 1045, Oregon Laws 1999, sections 1 and 19, chapter 666, Oregon Laws 2001, sections 1, 2 and 4, chapter 798, Oregon Laws 2001, section 14, chapter 898, Oregon Laws 2001, section 5, chapter 928, Oregon Laws 2001, and sections 1 and 5, chapter 972, Oregon Laws 2001 and ORCP 4 K and 78 C; and repealing ORS 244.170, 616.005 and 801.315 and section 1, chapter 805, Oregon Laws 2001.

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

SECTION 1. ORS 174.535 is amended to read:

174.535. It is the policy of the Legislative Assembly to revise sections from Oregon Revised Statutes and Oregon law periodically in order to maintain accuracy. However, nothing in chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993, chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws 1999, [or] chapter 104, Oregon Laws 2001, or this 2003 Act is intended to alter the legislative intent or purpose of statutory sections affected by chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993, chapter 79, Oregon Laws 1995, chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws 1999, [and] chapter 104, Oregon Laws 2001, and this 2003 Act except insofar as the amendments thereto, or repeals thereof, specifically require.

NOTE: Sets forth Reviser's Bill policy statement.

SECTION 2. ORS 1.150 is amended to read:

1.150. (1) Except as provided in [subsection (2) of] this section, every writing in any action, suit or proceeding in a court of justice of this state, or before a judicial officer, shall be in English[; but common abbreviations may be used].

(2) A writing in an action, suit or proceeding in a court of justice of this state, or before a judicial officer, may be submitted in English and accompanied by a translation into a foreign language that is certified by the translator to be an accurate and true translation of the English writing. If the writing requires a signature, either the English or the foreign language writing may be signed.

(3) If a writing is submitted in English and accompanied by a translation under subsection (2) of this section, a copy of the writing and the translation must be provided to the other parties in the proceeding in the manner provided by the statutes and rules relating to service, notice and discovery of writings in civil and criminal proceedings in courts of justice of this state and before judicial officers.

(4) The State Court Administrator may establish policies and procedures governing the implementation of subsection (2) of this section.

(5) Subsection (1) of this section does not prohibit the use of common abbreviations.

NOTE: Eliminates incorrect punctuation in (1).

SECTION 3. ORS 1.194 is amended to read:

1.194. As used in ORS 1.194 to 1.200:

(1) “Payment” means [a voluntary] an amount of money voluntarily paid by a debtor or an [involuntary] amount of money involuntarily paid by a debtor through offset or garnishment.

(2) “State court” means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court.

NOTE: Corrects syntax in (1).

SECTION 4. ORS 2.100 is amended to read:

2.100. Subject to ORS 2.111, the presence of a majority of all the judges of the Supreme Court is necessary for the transaction of any business [therein; but any less number], except that less than a majority of the judges may meet and adjourn from day to day, or for the term, with the same effect as if all the judges were present.

NOTE: Corrects punctuation and syntax.

SECTION 5. ORS 2.570 is amended to read:

2.570. (1) In hearing and determining causes, the judges of the Court of Appeals may sit together or in departments.

(2) A department shall consist of three judges. For convenience of administration, each department may be numbered. The Chief Judge shall from time to time designate the number of departments and make assignments of the judges among the departments. The Chief Judge may sit in one or more departments and when so sitting may preside. The Chief Judge shall designate a judge to preside in each department.

(3) The majority of any department shall consist of regularly elected and qualified judges of the Court of Appeals[; provided that]. However, if disqualifications, recusals or other events reduce the number of available judges to fewer than three, the Supreme Court may appoint such number of qualified persons as may be necessary as pro tempore members of the Court of Appeals.

(4) The Chief Judge shall apportion the business of the court between the departments. Each department shall have power to hear and determine causes, and all questions that may arise therein, subject to subsection (5) of this section. The presence of three judges is necessary to transact business in any department, except such business as may be transacted in chambers by any judge. The concurrence of two judges is necessary to pronounce judgment.

(5) The Chief Judge or a majority of the regularly elected and qualified judges of the Court of Appeals at any time may refer a cause to be considered en banc. When sitting en banc, the court may include not more than two judges pro tempore of the Court of Appeals. When the court sits en banc, the concurrence of a majority of the judges participating is necessary to pronounce judgment, but if the judges participating are equally divided in their view as to the judgment to be given, the judgment appealed from shall be affirmed.

(6) The Chief Judge may rule on motions and issue orders in procedural matters in the Court of Appeals.

(7) A judge or judge pro tempore of the Court of Appeals may participate in the decision of the matter without resubmission of the cause even though the judge is not present for oral argument on the matter.

(8) A judge or judge pro tempore of the Court of Appeals may participate in the decision of a matter without resubmission of the cause in the following circumstances:

(a) The judge was appointed or elected to the Court of Appeals after submission of the cause.

(b) The judge is participating in the decision of a cause that was submitted to a department, and the judge is participating in lieu of a judge of the department who has died, become disabled, is disqualified or is otherwise unable to participate in the decision of a cause submitted to the department.

(c) The judge is considering a cause en banc, but the judge was not part of the department that originally considered the cause.

NOTE: Corrects punctuation and syntax in (3).

SECTION 6. ORS 8.415 is amended to read:

8.415. As used in ORS 8.415 to 8.455, unless the context requires otherwise:

[(1) “Advisory committee” means the Certified Shorthand Reporters Advisory Committee created in ORS 8.455.]

[(2)] (1) “Administrator” means the State Court Administrator.

(2) “Advisory committee” means the Certified Shorthand Reporters Advisory Committee created in ORS 8.455.

(3) “Certified shorthand reporter” means an individual who has been certified to engage in the practice of shorthand reporting under ORS 8.415 to 8.455.

(4) “Shorthand reporting” means the making and transcribing of a verbatim record of any court proceeding, deposition, hearing or other matter where the verbatim record is required or requested by any court, grand jury, attorney or referee to be made by means of a written system of either manual or machine shorthand procedures.

NOTE: Alphabetizes definitions.

SECTION 7. ORS 8.730 is amended to read:

8.730. It is not lawful for any district attorney[, having] who has a law partner[, to suffer such] to allow that partner to prosecute or defend divorce cases or to defend cases [wherein] in which the state is plaintiff and the district attorney is the public prosecutor[; and it shall be]. It is the duty of the judicial officers of this state to prohibit such practice in all cases coming before them.

NOTE: Corrects punctuation and syntax.

SECTION 8. ORS 9.050 is amended to read:

9.050. On petition signed by 25 percent of the members in any region for the recall of any governor elected from that region, the executive director shall serve notice [forthwith on such] as soon as possible on the governor [of the filing of the petition; and,] informing the governor that the petition has been filed. If the governor does not resign within 10 days [from] after the date [of such service] the notice is served, the executive director shall mail ballots to each active member of the bar within the region eligible to vote, submitting the question whether [such] the governor shall be recalled. If a majority of the members voting at [such] the election vote in favor of the recall, [then] the governor shall be recalled.

NOTE: Conforms syntax to legislative style; corrects punctuation.

SECTION 9. ORS 9.370 is amended to read:

9.370. If an attorney claims a lien, under the provisions of ORS 87.430, upon the money or papers subject to delivery under ORS 9.360, the court shall:

(1) Impose, as a condition of making the order, the requirement that the client give security, in form and amount to be directed, to satisfy the lien when determined in an action or suit; [or]

(2) Summarily inquire into the facts on which the claim of a lien is founded, and determine the same; or

(3) Direct the trial of the controversy by a jury, or refer it, and upon the verdict or report, determine the same as in other cases.

NOTE: Deletes superfluous conjunction in (1).

SECTION 10. ORS 9.665 is amended to read:

9.665. (1) Except as provided in this section, reimbursement from the client security fund is discretionary[; however,] with the board of governors.

(2) The board shall not authorize payment unless the conditions of ORS 9.655 (1) have been found to exist. However, the board may, in its sole discretion, waive one or more of the conditions of ORS 9.655 (1) in cases of extreme hardship or special and unusual circumstances. The state bar is subrogated, in the amount that a client's claim is reimbursed from the client security fund, to all rights and remedies of that client against the attorney whose dishonest conduct caused the loss, [or] against the estate of the attorney[;] or against any other person liable for the loss.

NOTE: Conforms syntax to legislative style in (1); corrects punctuation in (2).

SECTION 11. ORS 9.850 is amended to read:

9.850. In all counties containing not more than 400,000 inhabitants, according to the latest federal decennial census, the county court may use such part of the law library fees collected pursuant to ORS 21.350 (1) as [it] the court deems desirable for the purpose of acquiring, maintaining or operating a law library at the county seat of the county, at such place as [it] the court may direct[; but no part of the]. In no event may moneys received from [such] law library fees [shall] be used for any purpose other than acquiring, maintaining or operating [such] a law library.

NOTE: Deletes indefinite pronouns; conforms syntax to legislative style; corrects punctuation.

SECTION 12. ORS 10.080 is amended to read:

10.080. (1) [No] A person [shall] may not ask or request any sheriff, constable or any other person, whose duty it is under the law to select or summon any jury or juror, to select or put the person upon the jury[; nor shall any]. A person may not procure or offer to procure for the person or for another person a place upon any jury or seek to have the person or another placed upon the list of jurors that is required by law to be made.

(2) [No] A sheriff, constable or other person [whose] who has a duty [it is] under the law to select or summon a jury [shall] may not select, summon or place upon any jury any person whom the sheriff, constable or other person has been asked or requested to select or summon.

NOTE: Corrects punctuation in (1); conforms syntax to legislative style.

SECTION 13. ORCP 4 K is amended to read:

K Certain marital and domestic relations actions.

K(1) In any action to determine a question of status instituted under ORS chapter 106 or 107 when the plaintiff is a resident of or domiciled in this state.

K(2) In any action to enforce personal obligations arising under ORS chapter 106 or 107, if the parties to a marriage have concurrently maintained the same or separate residences or domiciles within this state for a period of six months, notwithstanding departure from this state and acquisition of a residence or domicile in another state or country before filing of such action; but if an action to enforce personal obligations arising under ORS chapter 106 or 107 is not commenced within one year following the date upon which the party who left the state acquired a residence or domicile in another state or country, no jurisdiction is conferred by this subsection in any such action.

K(3) In any proceeding to establish paternity under ORS chapter 109 or [ORS 110.303 to 110.452] 110, or any action for declaration of paternity where the primary purpose of the action is to establish responsibility for child support, when the act of sexual intercourse which resulted in the birth of the child is alleged to have taken place in this state.

NOTE: Corrects series reference in (3).

SECTION 14. ORCP 78 C is amended to read:

C Application. Section B of this rule does not apply to an order or judgment for the payment of money, except orders and judgments for the payment of sums ordered pursuant to ORS 107.095 and 107.105 (1)(i), and money for support, maintenance, nurture, education, or attorney fees, in:

C(1) Actions for dissolution or annulment of marriage or separation from bed and board.

C(2) Proceedings upon support orders entered under ORS chapter 108, [or] 109 or [ORS 110.303 to 110.452] 110, or under ORS 416.400 to 416.470, 419B.400 or 419C.590.

NOTE: Corrects series reference in (2).

SECTION 15. ORS 14.110 is amended to read:

14.110. (1) The court or judge thereof may change the place of trial, on the motion of either party to an action or suit, when it appears from the affidavit of such party that the motion is not made for the purpose of delay and[, either]:

(a) That the action or suit has not been commenced in the proper county; [or,]

(b) That the judge is a party to, or directly interested in the event of the action or suit, or connected by consanguinity or affinity within the third degree, with the adverse party or those for whom the adverse party prosecutes or defends; [or,]

(c) That the convenience of witnesses and the parties would be promoted by such change; or[,]

(d) In an action, that the judge or the inhabitants of the county are so prejudiced against the party making the motion that the party cannot expect an impartial trial before [said] the judge or in [said] the county, as the case may be.

(2) When the moving party in an action is a nonresident of the county, the affidavit [above] required under this section may be made by anyone on behalf of the moving party.

NOTE: Deletes superfluous conjunctions in (1); conforms syntax to legislative style.

SECTION 16. ORS 30.010 is amended to read:

30.010. (1) A parent having custody of [his or her] a child of the parent may maintain an action for the injury of the child.

(2) A parent may recover damages for the death of [his or her] a child of the parent only under ORS 30.020.

NOTE: Eliminates gender-specific language.

SECTION 17. ORS 34.720 is amended to read:

34.720. [No] A person who has been finally discharged upon a proceeding by habeas corpus [shall] may not again be imprisoned, restrained or kept in custody for the same cause[; but it is not to be]. A person is not deemed to be imprisoned, restrained or kept in custody for the same cause if:

(1) The person has been discharged from a commitment on a criminal charge, and afterwards is committed for the same offense by the legal order or process of the court wherein the person is bound by a release agreement or has deposited security, or in which the person is indicted or convicted for the same offense; [or]

(2) After a judgment of discharge for a defect of evidence or for a material defect in the commitment, in a criminal case, the party again is arrested on sufficient evidence, and committed by legal process for the same offense; [or]

(3) In a civil action or suit, the party has been discharged for illegality in the judgment, decree or process, and afterwards is imprisoned for the same cause of action or suit; or

(4) In a civil action or suit, the person has been discharged from commitment on a writ of arrest, and afterwards is committed on execution, in the same action or suit, or on a writ of arrest in another action or suit, after the dismissal of the first one.

NOTE: Conforms syntax to legislative style in lead-in; deletes superfluous conjunctions in (1) and (2).

SECTION 18. ORS 35.215 is amended to read:

35.215. As used in this chapter, unless the context otherwise requires:

(1) “Condemner” means the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof or a private corporation that has the power to exercise the right of eminent domain.

(2) “Owner” or “owner of the property” means the owner of property [as that term is defined in subsection (5) of this section].

(3) “Person” means person as defined by ORS 174.100 and also includes the state, any city, county, school district, municipal or public corporation, political subdivision or any instrumentality or any agency thereof.

(4) “Private condemner” means a private corporation that has the power to exercise the right of eminent domain.

(5) “Property” means real or personal property or any interest therein of any kind or nature[,] that is subject to condemnation.

(6) “Public condemner” means condemner other than private condemner.

NOTE: Deletes unnecessary language in (2); corrects punctuation in (5).

SECTION 19. ORS 35.390 is amended to read:

35.390. (1) If a condemner fails to use the real property or any portion thereof acquired under this chapter within the time specified in an agreement entered into under ORS 35.385 (1) or with the terms of a judgment given under ORS 35.325 and 35.385 (2), whichever applies, and the prior owner of the real property has not waived the right to repurchase the real property, the condemner shall offer such property or any portion thereof, that has not been used for a public purpose within the specified period, to the prior owner or the beneficiary of the prior owner designated as provided in ORS 35.400. The condemner shall, at its expense, insure the title to any property or portion thereof conveyed or vested in the owner or beneficiary under any provision of ORS 35.385 to 35.415, free and clear of any and all encumbrances except those subject to which the condemner originally took such property.

(2) The prior owner or beneficiary described in subsection (1) of this section may repurchase from the condemner the real property that is subject to the right of repurchase for a price equal to the sum of the compensation and damages paid by the condemner for the real property plus interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(3) If only a portion of the real property acquired by a condemner is subject to the right of repurchase under ORS 35.385 to 35.415, the prior owner or beneficiary may acquire such portion for a price equal to the sum of:

(a) The fair cash market value of the portion subject to the right of repurchase, as of the date of the commencement of any action subject to ORS 35.385; [and]

(b) The damages for diminution in value of the remainder, if any, of the former owner's property not so acquired, as of the date of the commencement of any action subject to ORS 35.385; and

(c) Interest at the rate of seven percent per year from the date of the conveyance of the real property by the prior owner to the condemner.

(4) The offer to repurchase only a portion of real property as provided in subsection (1) of this section and ORS 35.400 (3), shall be in writing and shall include the price for repurchase as determined by the condemner, including an itemization of the components thereof, pursuant to subsection (3) of this section.

NOTE: Deletes superfluous conjunction in (3)(a).

SECTION 20. ORS 40.385 is amended to read:

40.385. At the request of a party the court may order witnesses excluded until the time of final argument, and it may make the order of its own motion. This rule does not authorize exclusion of:

(1) A party who is a natural person[, or];

(2) An officer or employee of a party which is not a natural person designated as its representative by its attorney[, or];

(3) A person whose presence is shown by a party to be essential to the presentation of the party's cause[,]; or

(4) The victim in a criminal case.

NOTE: Conforms structure to legislative style.

SECTION 21. ORS 40.510 is amended to read:

40.510. Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(1) A document bearing a seal purporting to be that of the United States, or of any state, district, commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

(2) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in subsection (1) of this section, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

(3) A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position of (A) the executing or attesting person, or (B) any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

(4) A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with subsection (1), (2) or (3) of this section or otherwise complying with any law or rule prescribed by the Supreme Court.

(5) Books, pamphlets or other publications purporting to be issued by public authority.

(6) Printed materials purporting to be newspapers or periodicals.

(7) Inscriptions, signs, tags or labels purporting to have been affixed in the course of business and indicating ownership, control or origin.

(8) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

(9) Commercial paper, signatures thereon and documents relating thereto to the extent provided by [ORS chapters 71 to 83] the Uniform Commercial Code or ORS chapter 83.

(10) Any signature, documents or other matter declared by law to be presumptively or prima facie genuine or authentic.

(11)(a) A document bearing a seal purporting to be that of a federally recognized Indian tribal government or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

(b) A document purporting to bear the signature, in an official capacity, of an officer or employee of any entity included in paragraph (a) of this subsection, having no seal, if a public officer having a seal and having official duties in the district or political subdivision or the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

(12)(a) Any document containing data prepared or recorded by the Oregon State Police pursuant to ORS 813.160 (1)(b)(C) or (E), or pursuant to ORS 475.235 (3), if the document is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police, and the person retrieving the data attests that the information was retrieved directly from the system and that the document accurately reflects the data retrieved.

(b) Any document containing data prepared or recorded by the Oregon State Police that is produced by data retrieval from the Law Enforcement Data System or other computer system maintained and operated by the Oregon State Police and that is electronically transmitted through public or private computer networks under a digital signature adopted by the Oregon State Police pursuant to ORS 192.825 to 192.850 if the person receiving the data attests that the document accurately reflects the data received.

(13) For the purposes of this section, “signature” includes any symbol executed or adopted by a party with present intention to authenticate a writing.

NOTE: Corrects series reference in (9).

SECTION 22. ORS 51.090 is amended to read:

51.090. The jurisdiction conferred by ORS 51.080 does not extend to:

(1) An action in which the title to real property shall come in question.

(2) An action for false imprisonment, libel, slander or malicious prosecution.

NOTE: Corrects syntax.

SECTION 23. ORS 52.650 is amended to read:

52.650. [There must be no existing right of appeal from the] A judgment proposed as a setoff[; and,] under ORS 52.640 must be final and no longer subject to appeal. If the judgment was given in another court than the one where the application is made, the party proposing the setoff must produce the transcript of the judgment, certified by the proper justice, which certificate shall also state how much of the judgment remains unsatisfied and that the transcript is given for the purpose of being a setoff against the judgment to which it is proposed as a setoff.

NOTE: Corrects punctuation; conforms syntax to legislative style.

SECTION 24. ORS 58.015 is amended to read:

58.015. As used in this chapter, unless the context requires otherwise:

(1) “Foreign professional corporation” means a professional corporation organized under laws other than the laws of this state.

(2) “License” includes a license, certificate of registration, permit or other legal authorization required by law as a condition precedent to the rendering of professional service or services within this state.

(3) “Oregon Business Corporation Act” has the same meaning given that term in ORS 60.951.

(4) “Practicing medicine” has the meaning given that term in ORS 677.085.

(5) “Professional” means:

(a) Accountants licensed under ORS 673.010 to 673.457 or the laws of another state;

(b) Architects licensed under ORS 671.010 to 671.220 or the laws of another state;

(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of another state;

(d) Chiropractors licensed under ORS chapter 684 or the laws of another state;

(e) Dentists licensed under ORS chapter 679 or the laws of another state;

(f) Landscape architects licensed under ORS 671.310 to 671.459[, 671.950 and 671.992] or the laws of another state;

(g) Naturopaths licensed under ORS chapter 685 or the laws of another state;

(h) Nurse practitioners licensed under ORS 678.010 to 678.410 or the laws of another state;

(i) Psychologists licensed under ORS 675.010 to 675.150 or the laws of another state;

(j) Physicians licensed under ORS chapter 677 or the laws of another state;

(k) Podiatrists licensed under ORS chapter 677 or the laws of another state;

(L) Radiologic technologists licensed under ORS 688.405 to 688.605 or the laws of another state;

(m) Real estate appraisers licensed under ORS chapter 674 or the laws of another state; and

(n) Other persons providing to the public types of personal service or services substantially similar to those listed in paragraphs (a) to (m) of this subsection that may be lawfully rendered only pursuant to a license.

(6) “Professional corporation” or “domestic professional corporation” means a corporation organized under this chapter for the specific purpose of rendering professional service or services and for such other purposes provided under this chapter.

(7) “Professional service” means personal service or services rendered in this state to the public which may be lawfully rendered only pursuant to a license by a professional.

(8) “Regulatory board” means the governmental agency of the State of Oregon required or authorized by law to license and regulate the rendering of a professional service or services for which a professional corporation is organized.

NOTE: Deletes inappropriate reference to penalty provisions in (5)(f).

SECTION 25. ORS 67.005 is amended to read:

67.005. As used in this chapter:

(1) “Business” includes every trade, occupation, profession and commercial activity.

(2) “Debtor in bankruptcy” means a person who is the subject of:

(a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or

(b) A comparable order under federal, state or foreign law governing insolvency.

(3) “Dissociated partner” means a partner with respect to whom an event specified in ORS 67.220 has occurred.

(4) “Distribution” means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.

(5) “Foreign limited liability partnership” means a partnership that:

(a) Is formed under laws other than the law of this state; and

(b) Has the status of a limited liability partnership under those laws.

(6) “Limited liability partnership” means a partnership that has registered under ORS 67.590, and has not registered or qualified in any other jurisdiction other than as a foreign limited liability partnership.

(7) “Partnership” means an association of two or more persons to carry on as co-owners a business for profit created under ORS 67.055, predecessor law, or comparable law of another jurisdiction. A partnership includes a limited liability partnership.

(8) “Partnership agreement” means the agreement, whether written, oral or implied, among the partners concerning the partnership, including amendments to the partnership agreement.

(9) “Partnership at will” means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.

(10) “Partnership interest” or “partner's interest in the partnership” means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.

(11) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity.

(12) “Professional” means:

(a) Accountants licensed under ORS 673.010 to 673.457 or the laws of another state;

(b) Architects licensed under ORS 671.010 to 671.220 or the laws of another state;

(c) Attorneys licensed under ORS 9.005 to 9.755 or the laws of another state;

(d) Chiropractors licensed under ORS chapter 684 or the laws of another state;

(e) Dentists licensed under ORS chapter 679 or the laws of another state;

(f) Landscape architects licensed under ORS 671.310 to 671.459[, 671.950 and 671.992] or the laws of another state;

(g) Naturopaths licensed under ORS chapter 685 or the laws of another state;

(h) Nurse practitioners licensed under ORS 678.010 to 678.410 or the laws of another state;

(i) Psychologists licensed under ORS 675.010 to 675.150 or the laws of another state;

(j) Physicians licensed under ORS chapter 677 or the laws of another state;

(k) Podiatrists licensed under ORS chapter 677 or the laws of another state;

(L) Radiologic technologists licensed under ORS 688.405 to 688.605 or the laws of another state;

(m) Real estate appraisers licensed under ORS chapter 674 or the laws of another state; and

(n) Other persons providing to the public types of personal service or services substantially similar to those listed in paragraphs (a) to (m) of this subsection that may be lawfully rendered only pursuant to a license.

(13) “Professional service” means the service rendered by a professional.

(14) “Property” means all property, real, personal or mixed, tangible or intangible, or any interest therein.

(15) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.

(16) “Transfer” includes an assignment, conveyance, lease, mortgage, deed, encumbrance, creation of a security interest and any other disposition.

(17) “Transferable interest of a partner in the partnership” means the partner's share of the profits and losses of the partnership and the partner's right to receive distributions.

NOTE: Deletes inappropriate reference to penalty provisions in (12)(f).

SECTION 26. ORS 79.0315 is amended to read:

79.0315. (1) Except as otherwise provided in this chapter and in ORS 72.4030 (2):

(a) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and

(b) A security interest attaches to any identifiable proceeds of collateral.

(2) Proceeds that are commingled with other property are identifiable proceeds:

(a) If the proceeds are goods, to the extent provided by ORS 79.0336; and

(b) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this chapter with respect to commingled property of the type involved.

(3) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.

(4) A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:

(a) The following conditions are satisfied:

(A) A filed financing statement covers the original collateral;

(B) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and

(C) The proceeds are not acquired with cash proceeds;

(b) The proceeds are identifiable cash proceeds; or

(c) The security interest in the proceeds is perfected other than under subsection (3) of this section when the security interest attaches to the proceeds or within 20 days thereafter.

(5) If a filed financing statement covers the original collateral, a security interest in proceeds which remains perfected under subsection (4)(a) of this section becomes unperfected at the later of:

(a) When the effectiveness of the filed financing statement lapses under ORS 79.0515 [(1) to (7)] or is terminated under ORS 79.0513; or

(b) The 21st day after the security interest attaches to the proceeds.

NOTE: Deletes unnecessary subsection reference in (5)(a).

SECTION 27. ORS 79.0512 is amended to read:

79.0512. (1) Subject to ORS 79.0509, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or, subject to subsection (5) of this section, otherwise amend the information provided in, a financing statement by filing an amendment that:

(a) Identifies, by its file number, the initial financing statement to which the amendment relates; and

(b) If the amendment relates to an initial financing statement filed or recorded in a filing office described in ORS 79.0501 (1)(a), provides the information specified in ORS 79.0502 (2).

(2) Except as otherwise provided in ORS 79.0515 [(1) to (7)], the filing of an amendment does not extend the period of effectiveness of the financing statement.

(3) A financing statement that is amended by an amendment that adds collateral is effective as to the added collateral only from the date of the filing of the amendment.

(4) A financing statement that is amended by an amendment that adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.

(5) An amendment is ineffective to the extent it:

(a) Purports to delete all debtors and fails to provide the name of a debtor to be covered by the financing statement; or

(b) Purports to delete all secured parties of record and fails to provide the name of a new secured party of record.

NOTE: Deletes unnecessary subsection reference in (2).

SECTION 28. ORS 79.0516 is amended to read:

79.0516. (1) Except as otherwise provided in subsection (2) of this section, communication of a record to and receipt by a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

(2) Filing does not occur with respect to a record that a filing office refuses to accept because:

(a) The record is not communicated by a method or medium of communication authorized by the filing office;

(b) An amount equal to or greater than the applicable filing fee is not tendered;

(c) The filing office is unable to index the record because:

(A) In the case of an initial financing statement, the record does not provide a name for the debtor;

(B) In the case of an amendment or correction statement, the record:

(i) Does not identify the initial financing statement as required by ORS 79.0512 or 79.0518, as applicable; or

(ii) Identifies an initial financing statement whose effectiveness has lapsed under ORS 79.0515, [(1) to (7)] and the filing office is that described in ORS 79.0501 (1)(b);

(C) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's last name; or

(D) In the case of a record filed or recorded in the filing office described in ORS 79.0501 (1)(a), the record does not provide a sufficient description of the real property to which it relates;

(d) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

(e) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

(A) Provide a mailing address for the debtor, unless the initial financing statement or amendment is included in a mortgage and the filing office is that described in ORS 79.0501 (1)(a);

(B) Indicate whether the debtor is an individual or an organization, unless the initial financing statement or amendment is included in a mortgage and the filing office is that described in ORS 79.0501 (1)(a); or

(C) If the filing office is that described in ORS 79.0501 (1)(b) and the financing statement indicates that the debtor is an organization, provide:

(i) A type of organization for the debtor;

(ii) A jurisdiction of organization for the debtor or, as an alternative when the debtor is not a registered organization, an indication that the debtor is not a registered organization; or

(iii) An organizational identification number for the debtor or indicate that the debtor has none;

(f) In the case of an assignment reflected in an initial financing statement under ORS 79.0514 (1) or an amendment filed under ORS 79.0514 (2), the record does not provide a name and mailing address for the assignee; or

(g) In the case of a continuation statement, the record is not filed within the six-month period prescribed by ORS 79.0515 (4) and the filing office is that described in ORS 79.0501 (1)(b).

(3) For purposes of subsection (2) of this section:

(a) A record does not provide information if the filing office is unable to read or decipher the information; and

(b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by ORS 79.0512, 79.0514 or 79.0518, is an initial financing statement.

(4) A record that is communicated to and received by the filing office with tender of the filing fee under subsection (1) of this section, but which the filing office refuses to accept for a reason other than one set forth in subsection (2) of this section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

NOTE: Deletes unnecessary subsection reference and corrects punctuation in (2)(c)(B)(ii).

SECTION 29. ORS 79.0519 is amended to read:

79.0519. (1) For each record filed in a filing office, the filing office shall:

(a) Assign a unique number to the filed record;

(b) Create a record that bears the number assigned to the filed record and the date and time of filing;

(c) Maintain the filed record for public inspection; and

(d) Index the filed record in accordance with subsections (3), (4) and (5) of this section.

(2) Except as otherwise provided in subsection (9) of this section, a file number assigned after January 1, 2004, must include a digit that:

(a) Is mathematically derived from or related to the other digits of the file number; and

(b) Aids the filing office in determining whether a number communicated as the file number includes a single-digit or transpositional error.

(3) Except as otherwise provided in subsections (4) and (5) of this section, the filing office shall:

(a) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and

(b) Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.

(4) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:

(a) Under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and

(b) To the extent that the law of this state provides for indexing of records of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or, if indexing is by description, as if the financing statement were a record of a mortgage of the real property described.

(5) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under ORS 79.0514 (1) or an amendment filed under ORS 79.0514 (2):

(a) Under the name of the assignor as grantor; and

(b) To the extent that the law of this state provides for indexing a record of the assignment of a mortgage under the name of the assignee, under the name of the assignee.

(6) The filing office shall maintain a capability:

(a) To retrieve a record by the name of the debtor and by the file number assigned to the initial financing statement to which the record relates; and

(b) To associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.

(7) The filing office may not remove a debtor's name from the index until one year after the effectiveness of a financing statement naming the debtor lapses under ORS 79.0515 [(1) to (7)] with respect to all secured parties of record.

(8) Except as otherwise provided in subsection (9) of this section, the filing office shall perform the acts required by subsections (1) to (5) of this section at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the record in question or, if the record is delivered by mail, not later than four business days after the filing office receives the record.

(9) Subsections (2) and (8) of this section do not apply to a filing office described in ORS 79.0501 (1)(a).

NOTE: Deletes unnecessary subsection reference in (7).

SECTION 30. ORS 79.0522 is amended to read:

79.0522. (1) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under ORS 79.0515 [(1) to (7)] with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates.

(2) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (1) of this section.

NOTE: Deletes unnecessary subsection reference in (1).

SECTION 31. ORS 79.0523 is amended to read:

79.0523. (1) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send an image of the record showing the number assigned to the record pursuant to ORS 79.0519 (1)(a) and the date and time of the filing of the record to the person indicated on the financing statement or amendment as the person to whom the acknowledgment should be sent or, if no person is so indicated, to the secured party or the person filing the written record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

(a) Note upon the copy the number assigned to the record pursuant to ORS 79.0519 (1)(a) and the date and time of the filing of the record; and

(b) Send the copy to the person indicated on the financing statement or amendment as the person to whom the acknowledgment should be sent or, if no person is so indicated, to the secured party or the person filing the written record.

(2) If a person files a record other than a written record, the filing office shall communicate an acknowledgment to the person indicated on the financing statement or amendment as the person to whom the acknowledgment should be sent or, if no person is so indicated, to the secured party or the person filing the record. The acknowledgment shall provide:

(a) The information in the record;

(b) The number assigned to the record pursuant to ORS 79.0519 (1)(a); and

(c) The date and time of the filing of the record.

(3) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

(a) Whether there is on file on a date and time specified by the filing office, but not a date earlier than five business days before the filing office receives the request, any financing statement that:

(A) Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;

(B) Has not lapsed under ORS 79.0515 [(1) to (7)] with respect to all secured parties of record; and

(C) If the request so states, has lapsed under ORS 79.0515 [(1) to (7)] and a record of which is maintained by the filing office under ORS 79.0522 (1);

(b) The date and time of filing of each financing statement;

(c) The information provided in each financing statement; and

(d) All notices of federal lien or certificates or notices affecting a lien, if any, filed under ORS 87.806 to 87.831 for a particular person whose name is identical to the particular debtor named in the financing statement.

(4) In complying with its duty under subsection (3) of this section, the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

(5) The filing office described in ORS 79.0501 (1)(b) shall perform the acts required by subsections (1) to (4) of this section at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request or, if the request is delivered by mail, not later than four business days after the filing office receives the request.

(6) At least every two weeks, the filing office described in ORS 79.0501 (1)(b) shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under ORS 79.0501 to 79.0528. The filing office shall offer the copies of any record in the medium in which the filing office maintains the record. The filing office may offer the copies in additional media.

NOTE: Deletes unnecessary subsection references in (3)(a)(B) and (C).

SECTION 32. ORS 84.046 is amended to read:

84.046. (1) As used in this section, “transferable record” means an electronic record that:

(a) Would be a note under ORS chapter 73 or a document under ORS chapter 77 if the electronic record were in writing; and

(b) The issuer of the electronic record expressly has agreed is a transferable record.

(2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

(3) A system satisfies subsection (2) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored and assigned in such a manner that:

(a) A single authoritative copy of the transferable record exists that is unique, identifiable and, except as otherwise provided in paragraphs (d), (e) and (f) of this subsection, unalterable;

(b) The authoritative copy identifies the person asserting control as:

(A) The person to which the transferable record was issued; or

(B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

(4) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in ORS 71.2010, of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the Uniform Commercial Code, including, if the applicable statutory requirements under ORS 73.0302 (1), 77.5010 or [79.3080] 79.0330are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated or a purchaser, respectively. Delivery, possession and indorsement are not required to obtain or exercise any of the rights under this subsection.

(5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the Uniform Commercial Code.

(6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

NOTE: Deletes reference to repealed section and inserts equivalent citation in (4).

SECTION 33. ORS 90.150 is amended to read:

90.150. [Where] When this chapter requires actual notice, service or delivery of that notice shall be executed by one or more of the following methods:

(1) Verbal notice that is given personally to the landlord or tenant or left on the landlord's or tenant's telephone answering device[;].

(2) Written notice that is personally delivered to the landlord or tenant, left at the landlord's rental office, sent by facsimile to the landlord's residence or rental office or to the tenant's dwelling unit, or attached in a secure manner to the main entrance of the landlord's residence or tenant's dwelling unit[;].

(3) Written notice that is delivered by first class mail to the landlord or tenant. If the notice is mailed, the notice shall be considered served three days after the date the notice was mailed[; or].

(4) Any other method reasonably calculated to achieve actual receipt of notice, as agreed to and described in a written rental agreement.

NOTE: Corrects syntax; conforms subsection punctuation to legislative style.

SECTION 34. ORS 92.016 is amended to read:

92.016. (1) No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until a tentative plan has been approved.

(2) A person may negotiate to sell any parcel in a partition with respect to which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to the approval of the tentative plan for the partition[;], but no person may sell any parcel in a partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to such approval.

NOTE: Corrects punctuation in (2).

SECTION 35. ORS 93.160 is amended to read:

93.160. [Where] When real property has been devised to a person for life, and in case of the death of the life tenant without leaving lawful issue born alive and living at the time of death, then to other heirs of the testator, a conveyance to the life tenant from all reversioners or [remaindermen] remainderpersons and all issue of the life tenant as are in being, of all their interest in the real property, vests a fee simple estate in the life tenant.

NOTE: Corrects word choice; eliminates gender-specific term.

SECTION 36. ORS 93.810 is amended to read:

93.810. The following are subjects of validating or curative Acts applicable to this chapter:

(1) Evidentiary effect and recordation of conveyances before 1854.

(2) Evidentiary effect and recordation of certified copies of deeds issued by State Land Board prior to 1885 where original deed was lost.

(3) Defective acknowledgments of married women to conveyances prior to 1891.

(4) Foreign instruments executed prior to 1903.

(5) Deeds of married women before 1907, validity; executed under power of attorney and record as evidence.

(6) Conveyances by reversioners and [remaindermen] remainderpersons to life tenant.

(7) Decrees affecting lands in more than one county.

(8) Irregular deeds and conveyances; defective acknowledgments; irregularities in judicial sales; sales and deeds of executors, administrators, conservators and guardians; vested rights arising by adverse title; recordation[,].

(9) Defective acknowledgments.

(10) Title to lands from or through aliens.

NOTE: Eliminates gender-specific term in (6); corrects punctuation in (8).

SECTION 37. ORS 94.823 is amended to read:

94.823. A developer shall submit a notice to the Real Estate Commissioner informing the commissioner of the developer's intent to sell timeshares in Oregon. The form and content of the notice shall be established by rule by the commissioner, but shall include at least:

(1) The name and business and residence [address] addresses of:

(a) The developer;

(b) The developer's agent;

(c) The designated managing entity; and

(d) Any person selling the timeshare plan within Oregon.

(2) An explanation of the timeshare form of ownership to be offered under the timeshare plan.

(3) A general description of the timeshare plan, including the number of timeshares to be offered under the timeshare plan and the number and description of the accommodations and facilities.

(4) A complete description, including a copy of all necessary implementing documents, of the methods to be used by the developer to comply with the requirements of ORS 92.325, 92.425, 94.570, 94.803 to 94.945, 100.005, 100.105, 100.200, 100.450 and 696.490.

(5) A title report for the real property underlying the timeshare plan, acceptable to the commissioner and including a statement of any lien, defect, judgment or other encumbrance affecting title to the property.

(6) A copy of any judgment against the developer or managing entity, the status of any pending suit that is material to the timeshare plan to which the developer or managing entity is a party and the status of any other suit that is material to the timeshare plan of which the developer has actual knowledge.

(7) A description of any insurance coverage provided for the benefit of a purchaser or a statement that no insurance coverage is provided.

(8) The name and address of the accommodations and facilities and the schedule for completing any improvements not complete at the time of filing.

(9) The financial obligation of a purchaser, excluding the initial purchase price and including:

(a) Additional charges and common expenses to which the purchaser may be subject, whether or not in the form of an assessment; and

(b) An estimated operating budget and schedule of estimated common expenses.

(10) A copy of the timeshare instrument or notice of timeshare plan as required under ORS 94.818.

(11) A copy of any contract, lease or timeshare agreement to be signed by the purchaser.

(12) A copy of the rules, limitations or conditions on the use of accommodations or facilities available to purchasers.

(13) Any restriction on the transfer of any timeshare.

(14) If any portion of the timeshare property is located outside the state, proof that the developer has recorded the notice of timeshare plan as required under ORS 94.833 (1).

(15) Any other information the commissioner may determine is necessary.

NOTE: Corrects word choice in (1).

SECTION 38. ORS 94.846 is amended to read:

94.846. (1) Before the closing of the first timeshare sale the developer shall designate a managing entity, which may be the developer, the owners' association, a trust, a management firm or an individual.

(2) The managing entity shall act as a fiduciary to each timeshare owner.

(3) The managing entity shall be responsible for:

(a) Managing and maintaining all accommodations and facilities of the timeshare plan.

(b) Collecting any assessment for common expenses.

(c) Providing each owner with an itemized annual budget including all receipts and expenditures.

(d) Maintaining all books and records concerning the timeshare plan on the timeshare property and making the books and records available for inspection by an owner.

(e) Making the books and records of the timeshare plan available for inspection by the Real Estate Agency.

(f) Scheduling occupancy of accommodations if each owner does not acquire a specific timeshare period so that each owner receives the use of the timeshare plan's accommodations and facilities to which the owner is entitled.

(g) Performing all other duties necessary to maintain the accommodations or facilities as provided in any management contract or other agreement.

(h) Acting as agent for the owners for purposes of real property taxation, including collection and payment of real property taxes.

(i) Hiring and supervising an employee or agent to perform a function described in paragraphs (a) to (h) of this subsection.

(4) After giving the managing entity reasonable notice, a timeshare owner may require the managing entity to provide the [name] names and [address] addresses of all other timeshare owners in the timeshare plan. The managing entity may require the payment of a reasonable fee for reproduction costs.

(5) Unless expressly prohibited by the timeshare instrument, the managing entity shall have the authority to execute, acknowledge, deliver and record on behalf of the timeshare owners, an easement, right of way, license and any other similar interest affecting the timeshare property if the interest is beneficial and not materially detrimental to the timeshare plan.

(6) The instrument granting an interest under subsection (5) of this section shall be executed by the managing entity and acknowledged in the manner provided for acknowledgment of deeds under ORS 93.410.

(7) For the purpose of transferring or otherwise disposing of all or any portion of the accommodations and facilities in the timeshare plan upon termination of the plan, the managing entity shall be the attorney-in-fact for each owner. Any transfer or disposition will be effective if the managing entity executes and acknowledges the written transfer instrument.

NOTE: Corrects word choice in (4).

SECTION 39. ORS 94.853 is amended to read:

94.853. (1) Until the closing of the first timeshare sale the developer shall pay all common expenses.

(2) After the closing of the first timeshare sale, the managing entity shall charge an annual assessment for the payment of common expenses based on the projected annual budget. The assessment shall be against:

(a) Each owner in the proportion specified in the timeshare instrument and the developer for the share allocated to all timeshare periods still owned by the developer at the time the assessment is made; [or]

(b) As provided in paragraph (a) of this subsection, except that the developer shall also pay that portion of the total assessment not paid by any owner, if the developer guarantees payment of all common expenses of the timeshare plan under the provisions of the timeshare instrument; or

(c) The developer for the total assessment if the developer agrees to pay all common expenses of the timeshare plan under the provisions of the timeshare instrument.

(3) Unless otherwise specified in the timeshare instrument, past due assessments shall bear interest at the legal rate.

NOTE: Deletes superfluous conjunction in (2)(a).

SECTION 40. ORS 101.060 is amended to read:

101.060. (1) A provider shall establish and maintain at all times:

(a) A debt service liquid reserve in an amount equal to or exceeding the total of all principal and interest payments due during the next 12 months on account of a mortgage loan or other long term financing of the continuing care retirement community taking into consideration any anticipated refinancing; and

(b) An operating liquid reserve in an amount equal to or exceeding the total of the community's projected operating expenses for three months.

(2) The Department of Human Services may require a provider not meeting its reserve requirements to place the reserves in an escrow account.

(3) The notes to the provider's annual audited financial statements shall state whether or not the reserve requirements have been met.

(4) The department may allow withdrawal or borrowing from the reserves in an amount not greater than 20 percent of the provider's total reserves. The withdrawal or borrowing can be approved by the department only if required for making an emergency repair or replacement of equipment, to cover catastrophic loss that is not able to be covered by insurance or for debt service in a potential default situation. No withdrawal or borrowing may be made from a reserve without the approval of the department. All funds borrowed shall be repaid to the reserve within 18 months in accordance with a payment plan approved by the department.

[(5) Providers, whose residents occupy the continuing care retirement community on or before January 1, 1990, shall establish the reserves required in subsection (1) of this section in annual increments, with full funding to be completed on or before January 1, 2000.]

NOTE: Expunges obsolete subsection.

SECTION 41. ORS 107.135 is amended to read:

107.135. (1) The court may at any time after a decree of annulment or dissolution of marriage or of separation is granted, upon the motion of either party and after service of notice on the other party in the manner provided by ORCP 7, and after notice to the Division of Child Support when required pursuant to subsection (8) of this section:

(a) Set aside, alter or modify so much of the decree as may provide for the appointment and duties of trustees, for the custody, parenting time, visitation, support and welfare of the minor children and the children attending school, as defined in ORS 107.108, including any provisions for health or life insurance, or for the support of a party or for life insurance under ORS 107.820 or 107.830;

(b) Make an order, after service of notice to the other party, providing for the future custody, support and welfare of minor children residing in the state, who, at the time the decree was given, were not residents of the state, or were unknown to the court or were erroneously omitted from the decree;

(c) Terminate a duty of support toward any minor child who has become self-supporting, emancipated or married;

(d) [Notwithstanding section 84 (2), chapter 827, Oregon Laws 1973, and] After service of notice on the child in the manner provided by law for service of a summons, suspend future support for any child who has ceased to be a child attending school as defined in ORS 107.108; and

(e) Set aside, alter or modify so much of the decree as may provide for a property award based on the enhanced earning capacity of a party that was awarded before October 23, 1999. A property award may be set aside, altered or modified under this paragraph:

(A) When the person with the enhanced earning capacity makes a good faith career change that results in less income;

(B) When the income of the person with the enhanced earning capacity decreases due to circumstances beyond the person's control; or

(C) Under such other circumstances as the court deems just and proper.

(2) In a proceeding under this section to reconsider the spousal or child support provisions of the decree, the following provisions apply:

(a) A substantial change in economic circumstances of a party, which may include, but is not limited to, a substantial change in the cost of reasonable and necessary expenses to either party, is sufficient for the court to reconsider its order of support, except that an order of compensatory spousal support may only be modified upon a showing of an involuntary, extraordinary and unanticipated change in circumstances that reduces the earning capacity of the paying spouse.

(b) If the decree provided for a termination or reduction of spousal support at a designated age in anticipation of the commencement of pension, social security or other entitlement payments, and if the obligee is unable to obtain the anticipated entitlement payments, that inability is sufficient change in circumstances for the court to reconsider its order of support.

(c) If social security is considered in lieu of spousal support or partial spousal support, the court shall determine the amount of social security the party is eligible to collect. The court shall take into consideration any pension, retirement or other funds available to either party to effect an equitable distribution between the parties and shall also take into consideration any reduction of entitlement caused by taking early retirement.

(3) In considering under this section whether a change in circumstances exists sufficient for the court to reconsider spousal or child support provisions of a decree, the following provisions apply:

(a) The court or administrator, as defined in ORS 25.010, shall consider income opportunities and benefits of the respective parties from all sources, including but not limited to:

(A) The reasonable opportunity of each party, the obligor and obligee respectively, to acquire future income and assets.

(B) Retirement benefits available to the obligor and to the obligee.

(C) Other benefits to which the obligor is entitled, such as travel benefits, recreational benefits and medical benefits, contrasted with benefits to which the obligee is similarly entitled.

(D) Social Security benefits received on behalf of a child due to a parent's disability or retirement if the benefits:

(i) Were not previously considered in the child support order; or

(ii) Were considered in an action initiated before March 1, 1999.

(E) Veterans' benefits received on behalf of a child due to a parent's disability or retirement if the benefits:

(i) Were not previously considered in the child support order; or

(ii) Were considered in an action initiated before October 23, 1999.

(b) If the motion for modification is one made by the obligor to reduce or terminate support, and if the obligee opposes the motion, the court shall not find a change in circumstances sufficient for reconsideration of support provisions, if the motion is based upon a reduction of the obligor's financial status resulting from the obligor's taking voluntary retirement, partial voluntary retirement or any other voluntary reduction of income or self-imposed curtailment of earning capacity, if it is shown that such action of the obligor was not taken in good faith but was for the primary purpose of avoiding the support obligation. In any subsequent motion for modification, the court shall deny the motion if the sole basis of the motion for modification is the termination of voluntarily taken retirement benefits and the obligor previously has been found not to have acted in good faith.

(c) The court shall consider the following factors in deciding whether the actions of the obligor were not in “good faith”:

(A) Timing of the voluntary retirement or other reduction in financial status to coincide with court action in which the obligee seeks or is granted an increase in spousal support.

(B) Whether all or most of the income producing assets and property were awarded to the obligor, and spousal support in lieu of such property was awarded to the obligee.

(C) Extent of the obligor's dissipation of funds and assets prior to the voluntary retirement or soon after filing for the change of circumstances based on retirement.

(D) If earned income is reduced and absent dissipation of funds or large gifts, whether the obligor has funds and assets from which the spousal support could have been paid.

(E) Whether the obligor has given gifts of substantial value to others, including a current spouse, to the detriment of the obligor's ability to meet the preexisting obligation of spousal support.

(4) Upon terminating a duty of spousal support, a court shall make specific findings of the basis for the termination and shall include the findings in the judgment order.

(5) Any modification of spousal support granted because of a change of circumstances may be ordered effective retroactive to the date the motion for modification was filed or to any date thereafter.

(6) The decree is a final judgment as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the decree, and the court does not have the power to set aside, alter or modify such decree, or any portion thereof, that provides for any payment of money, either for minor children or the support of a party, that has accrued prior to the filing of such motion. However:

(a) The court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or decree, during which the obligated parent has physical custody of the child with the knowledge and consent of the custodial parent; and

(b) The court or the administrator, as defined in ORS 25.010, may allow, as provided in the rules of the Child Support Program, a credit against child support arrearages for any Social Security or Veterans' benefits paid retroactively to the child, or to a representative payee administering the funds for the child's use and benefit, as a result of a parent's disability or retirement.

(7) In a proceeding under subsection (1) of this section, the court may assess against either party a reasonable attorney fee and costs for the benefit of the other party. If a party is found to have acted in bad faith, the court shall order that party to pay a reasonable attorney fee and costs of the defending party.

(8) Whenever a motion to establish, modify or terminate child support or satisfy or alter support arrearages is filed and the child support rights of one of the parties or of a child of both of the parties have been assigned to the state, a true copy of the motion shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the motion is filed.

(9)(a) Except as provided in ORS 109.701 to 109.834, the courts of Oregon, having once acquired personal and subject matter jurisdiction in a domestic relations action, retain such jurisdiction regardless of any change of domicile.

(b) The courts of Oregon, in a proceeding to establish, enforce or modify a child support order, shall recognize the provisions of the federal Full Faith and Credit for Child Support Orders Act (28 U.S.C. 1738B).

(10) In a proceeding under this section to reconsider provisions in a decree relating to custody or parenting time, the court may consider repeated and unreasonable denial of, or interference with, parenting time to be a substantial change of circumstances.

(11) Within 30 days after service of notice under subsection (1) of this section, the party served shall file a written response with the court.

(12)(a) It is the policy of this state:

(A) To encourage the settlement of cases brought under this section; and

(B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.

(b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:

(A) As contract terms using contract remedies;

(B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or

(C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.

(c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.

(d) Nothing in paragraph (b) or (c) of this subsection limits a party's ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment.

NOTE: Deletes antiquated session law reference in (1)(d).

SECTION 42. ORS 107.725 is amended to read:

107.725. The court may renew an order entered under ORS 107.716 or 107.718 upon a finding that a person in the petitioner's situation would reasonably fear further acts of abuse by the respondent if the order is not renewed. A finding that there has been a further act of abuse is not required. A court may renew an order on the basis of a sworn, ex parte petition alleging facts supporting the required finding. If the renewal order is granted, the provisions of ORS 107.716 (4) and 107.718 (6) to (8) apply except that the court may hear no issue other than the basis for renewal unless requested in the hearing request form and thereafter agreed to by the petitioner. The court shall hold a hearing required under this section within 21 days after the respondent's request. [The provisions of this section apply to any order entered under ORS 107.716 or 107.718 that is in effect on August 15, 1997.]

NOTE: Deletes obsolete applicability language.

SECTION 43. ORS 113.095 is amended to read:

113.095. A person is not qualified to act as personal representative [who] if the person is:

(1) An incompetent.

(2) A minor.

(3) A person suspended for misconduct or disbarred from the practice of law, during the period of suspension or disbarment.

(4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated.

(5) A licensed funeral service practitioner unless the decedent [is] was:

(a) A [deceased] relative of the licensed funeral service practitioner; or

(b) A [deceased] licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative.

NOTE: Corrects syntax in lead-in; excises redundancies in (5).

SECTION 44. ORS 113.145 is amended to read:

113.145. (1) Upon appointment a personal representative shall deliver or mail to the devisees, heirs and the persons described in ORS 113.035 (7) who were required to be named in the petition for appointment of a personal representative, at the addresses therein shown, information that shall include:

(a) The title of the court in which the estate proceeding is pending and the clerk's file number;

(b) The name of the decedent and the place and date of the death of the decedent;

(c) Whether or not a will of the decedent has been admitted to probate;

(d) The name and address of the personal representative and the attorney of the personal representative;

(e) The date of the appointment of the personal representative;

(f) A statement advising the devisee, heir or other interested person that the rights of the devisee, heir or other interested person may be affected by the proceeding and that additional information may be obtained from the records of the court, the personal representative or the attorney for the personal representative; and

(g) If information under this section is required to be delivered or mailed to a person described in ORS 113.035 (7), a statement that the rights of the person in the estate may be barred unless the person proceeds as provided in ORS 113.075 within four months of the delivery or mailing of the information.

(2) If the personal representative is a devisee, heir or other interested person named in the petition the personal representative is not required to deliver or mail the information under this section to the personal representative.

(3) The failure of the personal representative to give information under this section is a breach of duty to the persons concerned, but does not affect the validity of appointment, duties or powers or the exercise of duties or powers.

(4) Within 30 days after the date of appointment a personal representative shall cause to be filed in the estate proceeding proof by an affidavit of the delivery or mailing required by this section or a waiver of notice as provided under ORS 111.225. The affidavit shall include a copy of the information delivered or mailed and the names of the persons to whom it was delivered or mailed.

(5) If before the filing of the final account the personal representative has actual knowledge that the petition did not include the name and address of any person described in ORS 113.035 (4), (5), (6) or (7), the personal representative shall:

(a) Make reasonable efforts under the circumstances to ascertain each of those names and addresses;

(b) Promptly deliver or mail information as described in subsection (1) of this section to each of those persons located after the filing of the petition and before the filing of the final account; and

(c) File in the estate proceeding, on or before filing the final account under ORS 116.083, proof by affidavit of compliance with this subsection or a waiver of notice as provided under ORS 111.225.

(6) Within 30 days after the appointment of a personal representative, the personal representative must mail or deliver the information specified in subsection (1) of this section and a copy of the death certificate of the decedent to [the Estate Administration Unit within] the Department of Human Services.

NOTE: Reflects statutory agency naming scheme in (6).

SECTION 45. ORS 128.266 is amended to read:

128.266. (1) Within three months after a petition is entered in the register of the court under ORS 128.258, or within such longer time as the court allows, a trustee must make reasonably diligent efforts to investigate the financial records and affairs of the grantor and to take such further actions as are reasonably necessary to ascertain the identity and address of each person who has or asserts a claim against the trust estate. The court shall allow the trustee as much time as requested by the trustee for the purpose of determining the claims against the trust estate. The trustee must thereafter cause to be delivered or mailed a notice containing the information required in subsection (2) of this section to each person known by the trustee to have or to assert a claim against the trust estate and to [the Estate Administration Unit of] the Department of Human Services. Notice under this section is not required for any claim that has already been presented, accepted or paid in full or on account of a claim that is merely conjectural.

(2) The notice required by this section must include:

(a) The name and Social Security number of the grantor;

(b) The name of the trustee and the address at which claims must be presented;

(c) A statement that claims against the trust estate that are not presented to the trustee within 30 days after the date of the notice may be barred;

(d) The date of the notice, which shall be the date on which the notice is delivered or mailed; and

(e) A copy of the grantor's death certificate.

NOTE: Reflects statutory agency naming scheme in (1).

SECTION 46. ORS 128.876 is amended to read:

128.876. The Attorney General shall make rules as to the filing and execution of reports and registration statements required by ORS [97.992,] 128.610 to 128.650, 128.680, 128.710, 128.801 to 128.899, 128.995 and 646.608 and to the contents thereof. The Attorney General may make additional rules and amend existing rules as necessary for the proper administration of the Charitable Solicitations Act.

NOTE: Deletes inappropriate ORS reference.

SECTION 47. ORS 129.025 is amended to read:

129.025. As used in ORS 116.007 and 129.005 to 129.125:

(1) “Income beneficiary” means the person to whom income is presently payable or for whom it is accumulated for distribution as income.

(2) “Inventory value” means the cost of property purchased by the trustee and the market value of other property at the time it became subject to the trust, but in the case of a testamentary trust the trustee may use any value finally determined for the purposes of an estate or inheritance tax.

(3) [“Remainderman:Q2ENB.] “Remainderperson” means the person entitled to principal, including income which has been accumulated and added to principal.

(4) “Trustee” means an original trustee and any successor or added trustee.

NOTE: Eliminates gender-specific term in (3).

SECTION 48. ORS 129.035 is amended to read:

129.035. (1) Income is the return in money or property derived from the use of principal, including return received as:

(a) Rent of real or personal property, including sums received for cancellation or renewal of a lease;

(b) Interest on money lent, including sums received as consideration for the privilege of prepayment of principal except as provided in ORS 129.075 on bond premium and bond discount;

(c) Income earned during administration of a decedent's estate as provided in ORS 116.007;

(d) Corporate distributions as provided in ORS 129.065;

(e) Accrued increment on bonds or other obligations issued at discount as provided in ORS 129.075;

(f) Receipts from business and farming operations as provided in ORS 129.085;

(g) Receipts from principal subject to depletion as provided in ORS 129.100; and

(h) Receipts from disposition of underproductive property as provided in ORS 129.105.

(2) Principal is the property which has been set aside by the owner or the person legally empowered so that it is held in trust eventually to be delivered to a [remainderman] remainderpersonwhile the return or use of the principal is in the meantime taken or received by or held for accumulation for an income beneficiary. Principal includes:

(a) Consideration received by the trustee on the sale or other transfer of principal or on repayment of a loan or as a refund or replacement or change in the form of principal;

(b) Proceeds of property taken on eminent domain proceedings;

(c) Proceeds of insurance upon property forming part of the principal, except proceeds of insurance upon a separate interest of an income beneficiary;

(d) Stock dividends, receipts on liquidation of a corporation, and other corporate distributions as provided in ORS 129.065;

(e) Receipts from the disposition of corporate securities as provided in ORS 129.075;

(f) Receipts from disposition of natural resources as provided in ORS 129.090;

(g) Receipts from principal subject to depletion as provided in ORS 129.100;

(h) Any profit resulting from any change in the form of principal, except as provided in ORS 129.105 on underproductive property;

(i) Receipts from disposition of underproductive property as provided in ORS 129.105; and

(j) Any allowances for depreciation established under ORS 129.085.

(3) After determining income and principal in accordance with the terms of the trust instrument or of ORS 116.007 and 129.005 to 129.125, the trustee shall charge to income or principal expenses and other charges as provided in ORS 129.115.

NOTE: Eliminates gender-specific term in (2).

SECTION 49. ORS 129.045 is amended to read:

129.045. (1) A trust shall be administered with due regard to the respective interests of income beneficiaries and [remaindermen] remainderpersons. A trust is so administered with respect to the allocation of receipts and expenditures if a receipt is credited or an expenditure is charged to income or principal or partly to each:

(a) In accordance with the terms of the trust instrument, notwithstanding contrary provisions of ORS 116.007 and 129.005 to 129.125;

(b) In the absence of any contrary terms of the trust instrument, in accordance with the provisions of ORS 116.007 and 129.005 to 129.125; or

(c) If neither of the preceding rules of administration is applicable, in accordance with what is reasonable and equitable in view of the interests of those entitled to income as well as of those entitled to principal, and in view of the manner in which persons of ordinary prudence, discretion and judgment would act in the management of their own affairs.

(2) If the trust instrument gives the trustee discretion in crediting a receipt or charging an expenditure to income or principal or partly to each, no inference of imprudence or partiality arises from the fact that the trustee has made an allocation contrary to a provision of ORS 116.007 and 129.005 to 129.125.

NOTE: Eliminates gender-specific term in (1).

SECTION 50. ORS 129.115 is amended to read:

129.115. (1) The following charges shall be made against income:

(a) Ordinary expenses incurred in connection with the administration, management, or preservation of the trust property, including regularly recurring taxes, except deferred real property taxes, assessed against any portion of the principal, water rates, premiums on insurance taken upon the interests of the income beneficiary, [remainderman] remainderperson, or trustee, interest paid by the trustee, and ordinary repairs;

(b) One-half of court costs, attorney fees, and other fees on periodic judicial accounting, unless the court directs otherwise;

(c) Court costs, attorney fees, and other fees on other accountings or judicial proceedings if the matter primarily concerns the income interest, unless the court directs otherwise;

(d) One-half of the trustee's regular compensation, whether based on a percentage of principal or income, and all expenses reasonably incurred for current management of principal and application of income, except that this allocation shall not be required if the trustee determines that some other allocation is reasonable and equitable in view of the interests of those entitled to income as well as those entitled to principal, and in view of the manner in which persons of ordinary prudence, discretion and judgment would act in the management of their own affairs; and

(e) Any tax levied upon receipts defined as income under ORS 116.007 and 129.005 to 129.125 or the trust instrument and payable by the trustee.

(2) If charges against income are of unusual amount, the trustee may by means of reserves or other reasonable means charge them over a reasonable period of time and withhold from distribution sufficient sums to regularize distributions.

(3) The following charges shall be made against principal:

(a) Trustee's compensation not chargeable to income under subsection (1)(c) and (d) of this section, special compensation of trustees, expenses reasonably incurred in connection with principal, including real property taxes deferred by reason of application of the life tenant or trustee or by reason of land use deferrals, court costs and attorney fees primarily concerning matters of principal, and trustee's compensation computed on principal as an acceptance, distribution, or termination fee;

(b) Charges not provided for in subsection (1) of this section, including the cost of investing and reinvesting principal, the payments on principal of an indebtedness (including a mortgage amortized by periodic payments of principal), expenses for preparation of property for rental or sale, and, unless the court directs otherwise, expenses incurred in maintaining or defending any action to construe the trust or protect it or the property or assure the title of any trust property;

(c) Extraordinary repairs or expenses incurred in making a capital improvement to principal, including special assessments, but a trustee may establish an allowance for depreciation out of income to the extent permitted by ORS 129.085;

(d) Any tax levied upon profit, gain, or other receipts allocated to principal notwithstanding denomination of the tax as an income tax by the taxing authority; and

(e) If an estate or inheritance tax is levied in respect of a trust in which both an income beneficiary and a [remainderman] remainderperson have an interest, any amount apportioned to the trust, including interest and penalties, even though the income beneficiary also has rights to the principal.

(4) Regularly recurring charges payable from income shall be apportioned to the same extent and in the same manner that income is apportioned under ORS 129.055.

NOTE: Eliminates gender-specific term in (1)(a) and (3)(e).

SECTION 51. Section 1, chapter 666, Oregon Laws 2001, is amended to read:

Sec. 1. As used in sections 1 to 18, chapter 666, Oregon Laws 2001, [of this 2001 Act,] unless the context requires otherwise:

(1) “Acquiesce in prohibited conduct” means that a person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid the use of the property in the course of prohibited conduct. For purposes of this subsection, “reasonable action under the circumstances” includes, but is not limited to:

(a) Reporting the prohibited conduct to a law enforcement agency;

(b) Commencing action that will assert the rights of the affiant as to the property interest;

(c) Terminating a rental agreement; or

(d) Seeking an abatement order under the provisions of ORS 105.505 to 105.520 or 105.550 to 105.600, or under any ordinance or regulation allowing abatement of nuisances.

(2) “All persons known to have an interest” means:

(a) Any person who has, prior to the time the property is seized for criminal forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property that has been seized for criminal forfeiture;

(b) Any person from whose custody the property was seized; or

(c) Any person who has an interest in the property, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.

(3) “Attorney fees” has the meaning given that term in ORCP 68 A.

(4) “Financial institution” means any person lawfully conducting business as:

(a) A financial institution or trust company, as those terms are defined in ORS 706.008;

(b) A consumer finance company subject to the provisions of ORS chapter 725;

(c) A mortgage banker or a mortgage broker as those terms are defined in ORS 59.840, a mortgage servicing company or other mortgage company;

(d) An officer, agency, department or instrumentality of the federal government, including but not limited to:

(A) The Secretary of Housing and Urban Development;

(B) The Federal Housing Administration;

(C) The [Veterans Administration] Department of Veterans Affairs;

(D) The Farmers Home Administration;

(E) The Federal National Mortgage Association;

(F) The Government National Mortgage Association;

(G) The Federal Home Loan Mortgage Association;

(H) The Federal Agricultural Mortgage Corporation; and

(I) The Small Business Administration;

(e) An agency, department or instrumentality of this state, including but not limited to:

(A) The Housing and Community Services Department;

(B) Any entity established by the Director of Veterans' Affairs to carry out the provisions of ORS chapter 407; and

(C) The Public Employees Retirement System;

(f) An agency, department or instrumentality of any municipality in this state, including but not limited to such agencies as the Portland Development Commission;

(g) An insurer as defined in ORS 731.106;

(h) A private mortgage insurance company;

(i) A pension plan or fund or other retirement plan; and

(j) A broker-dealer or investment adviser representative as defined in ORS 59.015.

(5) “Forfeiture counsel” means an attorney designated to represent a seizing agency in criminal forfeiture actions or proceedings.

(6) “Instrumentality” means property that is used or intended for use in prohibited conduct or that facilitates prohibited conduct.

(7) “Law enforcement agency” means any agency that employs police officers or prosecutes criminal cases.

(8) “Official law enforcement use” means a use that may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.

(9) “Police officer” has the meaning given that term in ORS 133.525.

(10) “Proceeds of prohibited conduct” means property derived directly or indirectly from, maintained by or realized through an act or omission that constitutes prohibited conduct, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

(11) “Prohibited conduct” means:

(a) For purposes of proceeds, [means] a felony or a Class A misdemeanor.

(b) For purposes of instrumentalities, [means] any crime listed in section 19, chapter 666, Oregon Laws 2001 [of this 2001 Act].

(12) “Property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due.

(13) “Seizing agency” means a law enforcement agency that has seized property for criminal forfeiture.

(14) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, to destroy, defeat or injure a person.

NOTE: Corrects official title in (4)(d)(C); futzes with syntax in (11).

SECTION 52. Section 19, chapter 666, Oregon Laws 2001, as amended by section 5, chapter 696, Oregon Laws 2001, is amended to read:

Sec. 19. The crimes to which section 1 (11)(b), chapter 666, Oregon Laws 2001, applies are:

(1) Bribe giving, as defined in ORS 162.015.

(2) Bribe receiving, as defined in ORS 162.025.

(3) Public investment fraud, as defined in ORS 162.117.

(4) Bribing a witness, as defined in ORS 162.265.

(5) Bribe receiving by a witness, as defined in ORS 162.275.

(6) Simulating legal process, as defined in ORS 162.355.

(7) Official misconduct in the first degree, as defined in ORS 162.415.

(8) Custodial interference in the second degree, as defined in ORS 163.245.

(9) Custodial interference in the first degree, as defined in ORS 163.257.

(10) Buying or selling a person under 18 years of age, as defined in ORS 163.537.

(11) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.

(12) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.

(13) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.

(14) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.

(15) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.

(16) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.

(17) Theft in the second degree, as defined in ORS 164.045.

(18) Theft in the first degree, as defined in ORS 164.055.

(19) Aggravated theft in the first degree, as defined in ORS 164.057.

(20) Theft by extortion, as defined in ORS 164.075.

(21) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.

(22) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.

(23) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.

(24) Unauthorized use of a vehicle, as defined in ORS 164.135.

(25) Mail theft or receipt of stolen mail, as defined in ORS 164.162.

(26) Laundering a monetary instrument, as defined in ORS 164.170.

(27) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.

(28) Burglary in the second degree, as defined in ORS 164.215.

(29) Burglary in the first degree, as defined in ORS 164.225.

(30) Possession of burglar's tools, as defined in ORS 164.235.

(31) Unlawful entry into a motor vehicle, as defined in ORS 164.272.

(32) Arson in the second degree, as defined in ORS 164.315.

(33) Arson in the first degree, as defined in ORS 164.325.

(34) Computer crime, as defined in ORS 164.377.

(35) Robbery in the third degree, as defined in ORS 164.395.

(36) Robbery in the second degree, as defined in ORS 164.405.

(37) Robbery in the first degree, as defined in ORS 164.415.

(38) Unlawful labeling of a sound recording, as defined in ORS 164.868.

(39) Unlawful recording of a live performance, as defined in ORS 164.869.

(40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

(41) A violation of ORS 164.877.

(42) Endangering aircraft, as defined in ORS 164.885.

(43) Interference with agricultural operations, as defined in ORS 164.887.

(44) Forgery in the second degree, as defined in ORS 165.007.

(45) Forgery in the first degree, as defined in ORS 165.013.

(46) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.

(47) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.

(48) Criminal possession of a forgery device, as defined in ORS 165.032.

(49) Criminal simulation, as defined in ORS 165.037.

(50) Fraudulently obtaining a signature, as defined in ORS 165.042.

(51) Fraudulent use of a credit card, as defined in ORS 165.055.

(52) Negotiating a bad check, as defined in ORS 165.065.

(53) Possessing a fraudulent communications device, as defined in ORS 165.070.

(54) Unlawful factoring of a credit card transaction, as defined in ORS 165.074.

(55) Falsifying business records, as defined in ORS 165.080.

(56) Sports bribery, as defined in ORS 165.085.

(57) Sports bribe receiving, as defined in ORS 165.090.

(58) Misapplication of entrusted property, as defined in ORS 165.095.

(59) Issuing a false financial statement, as defined in ORS 165.100.

(60) Obtaining execution of documents by deception, as defined in ORS 165.102.

(61) A violation of ORS 165.543.

(62) Cellular counterfeiting in the third degree, as defined in ORS 165.577.

(63) Cellular counterfeiting in the second degree, as defined in ORS 165.579.

(64) Cellular counterfeiting in the first degree, as defined in ORS 165.581.

(65) Identity theft, as defined in ORS 165.800.

(66) A violation of ORS 166.190.

(67) Unlawful use of a weapon, as defined in ORS 166.220.

(68) A violation of ORS 166.240.

(69) Unlawful possession of a firearm, as defined in ORS 166.250.

(70) A violation of ORS 166.270.

(71) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.

(72) A violation of ORS 166.275.

(73) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.

(74) A violation of ORS 166.370.

(75) Unlawful possession of a destructive device, as defined in ORS 166.382.

(76) Unlawful manufacture of a destructive device, as defined in ORS 166.384.

(77) Possession of a hoax destructive device, as defined in ORS 166.385.

(78) A violation of ORS 166.410.

(79) Providing false information in connection with a transfer of a [handgun] firearm, as defined in ORS 166.416.

(80) Improperly transferring a [handgun] firearm, as defined in ORS 166.418.

(81) Unlawfully purchasing a firearm, as defined in ORS 166.425.

(82) A violation of ORS 166.429.

(83) A violation of ORS 166.470.

(84) A violation of ORS 166.480.

(85) A violation of ORS 166.635.

(86) A violation of ORS 166.638.

(87) Unlawful paramilitary activity, as defined in ORS 166.660.

(88) A violation of ORS 166.720.

(89) Prostitution, as defined in ORS 167.007.

(90) Promoting prostitution, as defined in ORS 167.012.

(91) Compelling prostitution, as defined in ORS 167.017.

(92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.

(93) Unlawful gambling in the second degree, as defined in ORS 167.122.

(94) Unlawful gambling in the first degree, as defined in ORS 167.127.

(95) Possession of gambling records in the second degree, as defined in ORS 167.132.

(96) Possession of gambling records in the first degree, as defined in ORS 167.137.

(97) Possession of a gambling device, as defined in ORS 167.147.

(98) Possession of a gray machine, as defined in ORS 167.164.

(99) Cheating, as defined in ORS 167.167.

(100) Tampering with drug records, as defined in ORS 167.212.

(101) A violation of ORS 167.262.

(102) Research and animal interference, as defined in ORS 167.312.

(103) Animal abuse in the first degree, as defined in ORS 167.320.

(104) Aggravated animal abuse in the first degree, as defined in ORS 167.322.

(105) Animal neglect in the first degree, as defined in ORS 167.330.

(106) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352.

(107) Involvement in animal fighting, as defined in ORS 167.355.

(108) Dogfighting, as defined in ORS 167.365.

(109) Participation in dogfighting, as defined in ORS 167.370.

(110) Unauthorized use of a livestock animal, as defined in ORS 167.385.

(111) Interference with livestock production, as defined in ORS 167.388.

(112) A violation of ORS 167.390.

(113) A violation of ORS 471.410.

(114) Failure to report missing precursor substances, as defined in ORS 475.955.

(115) Illegally selling drug equipment, as defined in ORS 475.960.

(116) Providing false information on a precursor substances report, as defined in ORS 475.965.

(117) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.991.

(118) A violation of ORS 475.992, if it is a felony or a Class A misdemeanor.

(119) A violation of ORS 475.993, if it is a felony or a Class A misdemeanor.

(120) A violation of ORS 475.994.

(121) A violation of ORS 475.995, if it is a felony or a Class A misdemeanor.

(122) A violation of ORS 475.999 (1)(a).

(123) Misuse of an identification card, as defined in ORS 807.430.

(124) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500.

(125) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.

(126) Using an invalid license, as defined in ORS 807.580.

(127) Permitting misuse of a license, as defined in ORS 807.590.

(128) Using another's license, as defined in ORS 807.600.

(129) Criminal driving while suspended or revoked, as defined in ORS 811.182, when it is a felony.

(130) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.

(131) Unlawful distribution of cigarettes, as defined in [section 3 of this 2001 Act] ORS 323.482.

(132) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to (131) of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor.

NOTE: Corrects names of offenses in (79) and (80); inserts appropriate ORS reference in (131).

SECTION 53. ORS 133.721 is amended to read:

133.721. As used in ORS 41.910[, 133.724, 133.726] and 133.721 to 133.739 and this section, unless the context requires otherwise:

(1) “Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 or 133.726 or a person against whom the interception was directed and who alleges that the interception was unlawful.

(2) “Contents,” when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

(3) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:

(a) Any oral communication or any communication which is completely by wire; or

(b) Any communication made through a tone-only paging device.

(4) “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire, electronic or oral communication other than:

(a) Any telephone or telegraph instrument, equipment or facility, or any component thereof which is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and which is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or

(b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5) “Intercept” means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

(6) “Investigative or law enforcement officer” means an officer or other person employed by a county sheriff or municipal police department, the Oregon State Police, Attorney General, a district attorney or the Department of Corrections, and officers or other persons employed by law enforcement agencies of other states or the federal government, to investigate or enforce the law.

(7) “Oral communication” means:

(a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or

(b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.

(8) “Telecommunications carrier” means:

(a) A telecommunications utility as defined in ORS 759.005; or

(b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9) “Telecommunications service” has the meaning given that term in ORS 759.005.

(10) “Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased.

NOTE: Consolidates splintered series reference in lead-in.

SECTION 54. ORS 133.736 is added to and made a part of ORS 133.721 to 133.739.

NOTE: Adds section to appropriate series.

SECTION 55. ORS 133.736 is amended to read:

133.736. (1) Any aggrieved person[, as defined in ORS 133.721,] in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 or testimony or other evidence derived solely from the unlawful interception.

(2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge's discretion make available to the aggrieved person or the person's counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

(3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section.

NOTE: Reflects addition of statute to series in (1). See section 54.

SECTION 56. ORS 133.737 is amended to read:

133.737. (1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721[, 133.724 and 133.726] to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure or to the extent that such disclosure is otherwise authorized by law.

(2) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721[, 133.724 and 133.726] to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of official duties.

(3) Any person who has received by any means authorized by ORS 133.721[, 133.724 and 133.726] to 133.739, any information concerning a wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, intercepted in accordance with the provisions of ORS 133.721[, 133.724 and 133.726] to 133.739, may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state or political subdivision thereof.

(4) No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of ORS 133.721[, 133.724 and 133.726] to 133.739, shall lose its privileged character.

(5) When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in any manner authorized by ORS 133.724, intercepts wire, electronic or oral communications relating to crimes other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of the circuit court if the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of ORS 133.724. Such application shall be made as soon as practicable.

NOTE: Consolidates splintered series references in (1), (2), (3) and (4).

SECTION 57. ORS 137.020 is amended to read:

137.020. (1) After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court shall appoint a time for pronouncing judgment.

(2)(a) The time appointed shall be at least two calendar days after the plea or verdict if the court intends to remain in session so long. If the court does not intend to remain in session at least two calendar days, the time appointed may be sooner than two calendar days, but shall be as remote a time as can reasonably be allowed. However, in the latter case, the judgment shall not be given less than six hours after the plea or verdict, except with the consent of the defendant.

(b) Except for good cause shown or as otherwise provided in this paragraph, a court shall not delay for more than 31 calendar days after the plea or verdict the sentencing of a defendant held in custody on account of the pending proceedings. Except for good cause shown or as otherwise provided in this paragraph, a court shall not delay for more than 56 calendar days after the plea or verdict the sentencing of a defendant not held in custody on account of the pending proceedings. If the defendant is not in custody and the court does not pronounce judgment within 56 calendar days after the plea or verdict, any period of probation imposed as a part of a subsequent judgment shall begin to run from the date of the plea or verdict.

(3) If the defendant is in custody following the verdict, the court shall pronounce judgment as soon as practicable, but in any case within seven calendar days following the verdict if no presentence investigation is ordered, and within seven calendar days after delivery of the presentence report to the court if a presentence investigation has been ordered; however, the court may delay pronouncement of judgment beyond the limits of this subsection for good cause shown.

(4) If the final calendar day a defendant must be sentenced is not a judicial day then sentencing may be delayed until the next judicial day.

(5)(a) At the time a court pronounces judgment the defendant, if present, shall be advised of the right to appeal and of the procedure for protecting that right. If the defendant is not present, the court shall advise the defendant in writing of the right to appeal and of the procedure for protecting that right.

(b) If the defendant is sentenced subsequent to a plea of guilty or no contest or upon probation revocation or sentence suspension, or if the defendant is resentenced after an order by an appellate court or a post-conviction relief court, the court shall advise the defendant of the limitations on appealability imposed by ORS 138.050 (1) and 138.222 (7). If the defendant is not present, the court shall advise the defendant in writing of the limitations on appealability imposed by ORS 138.050 (1) and 138.222 (7).

(6) If the defendant is financially eligible for [representation by the Public Defender under ORS 151.250] appointment of counsel at state expense on appeal under ORS 138.500, trial counsel shall determine whether the defendant wishes to pursue an appeal. If the defendant wishes to pursue an appeal, trial counsel shall transmit to the [Public Defender] office of public defense services established under ORS 151.216, on a form prepared by the [Public Defender] office, information necessary to perfect the appeal.

NOTE: Deletes reference to repealed statute and updates terminology in (6).

SECTION 58. ORS 137.123 is amended to read:

137.123. (1) A sentence imposed by the court may be made concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the same defendant. The court may provide for consecutive sentences only in accordance with the provisions of this section. A sentence shall be deemed to be a concurrent term unless the judgment expressly provides for consecutive sentences.

(2) If a defendant is simultaneously sentenced for criminal offenses that do not arise from the same continuous and uninterrupted course of conduct, or if the defendant previously was sentenced by any other court within the United States to a sentence which the defendant has not yet completed, the court may impose a sentence concurrent with or consecutive to the other sentence or sentences.

(3) When a defendant is sentenced for a crime committed while the defendant was incarcerated after sentencing for the commission of a previous crime, the court shall provide that the sentence for the new crime be consecutive to the sentence for the previous crime.

(4) When a defendant has been found guilty of more than one criminal offense arising out of a continuous and uninterrupted course of conduct, the sentences imposed for each resulting conviction shall be concurrent unless the court complies with the procedures set forth in subsection (5) of this section.

(5) The court has discretion to impose consecutive terms of imprisonment for separate convictions arising out of a continuous and uninterrupted course of conduct only if the court finds:

(a) That the criminal offense for which a consecutive sentence is contemplated was not merely an incidental violation of a separate statutory provision in the course of the commission of a more serious crime but rather was an indication of defendant's willingness to commit more than one criminal offense; or

(b) The criminal offense for which a consecutive sentence is contemplated caused or created a risk of causing greater or qualitatively different loss, injury or harm to the victim or caused or created a risk of causing loss, injury[,] or harm to a different victim than was caused or threatened by the other offense or offenses committed during a continuous and uninterrupted course [or] of conduct.

NOTE: Corrects punctuation and typo in (5)(b).

SECTION 59. ORS 137.635 is amended to read:

137.635. (1) When, in the case of a felony described in subsection (2) of this section, a court sentences a convicted defendant who has previously been convicted of any felony designated in subsection (2) of this section, the sentence shall not be an indeterminate sentence to which the defendant otherwise would be subject under ORS 137.120, but, unless it imposes a death penalty under ORS 163.105, the court shall impose a determinate sentence, the length of which the court shall determine, to the custody of the Department of Corrections. Any mandatory minimum sentence otherwise provided by law shall apply. The sentence shall not exceed the maximum sentence otherwise provided by law in such cases. The convicted defendant who is subject to this section shall not be eligible for probation. The convicted defendant shall serve the entire sentence imposed by the court and shall not, during the service of such a sentence, be eligible for parole or any form of temporary leave from custody. The person shall not be eligible for any reduction in sentence pursuant to ORS 421.120 or for any reduction in term of incarceration pursuant to ORS 421.121.

(2) Felonies to which subsection (1) of this section [apply] applies include and are limited to:

(a) Murder, as defined in ORS 163.115, and any aggravated form thereof.

(b) Manslaughter in the first degree, as defined in ORS 163.118.

(c) Assault in the first degree, as defined in ORS 163.185.

(d) Kidnapping in the first degree, as defined in ORS 163.235.

(e) Rape in the first degree, as defined in ORS 163.375.

(f) Sodomy in the first degree, as defined in ORS 163.405.

(g) Unlawful sexual penetration in the first degree, as defined in ORS 163.411.

(h) Burglary in the first degree, as defined in ORS 164.225.

(i) Arson in the first degree, as defined in ORS 164.325.

(j) Robbery in the first degree, as defined in ORS 164.415.

(3) When the court imposes a sentence under this section, the court shall indicate in the judgment that the defendant is subject to this section.

NOTE: Corrects grammar in (2).

SECTION 60. ORS 146.035 is amended to read:

146.035. (1) There shall be established within the Department of State Police the State Medical Examiner's office for the purpose of directing and supporting the state death investigation program.

(2) The State Medical Examiner shall manage all aspects of the State Medical Examiner's program.

(3) Subject to the State Personnel Relations Law, the State Medical Examiner may employ or discharge other personnel of the State Medical Examiner's office.

(4) The State Medical Examiner's office shall:

(a) File and maintain appropriate reports on all deaths requiring investigation.

(b) Maintain an accurate list of all active district medical examiners, assistant district medical examiners and designated pathologists.

(c) Transmit monthly to the Department of Transportation a report for the preceding calendar month of all information obtained under ORS 146.113.

(5) Any parent, spouse, child or personal representative of the deceased, or any person who may be criminally or civilly liable for the death, or their authorized representatives respectively, may examine and obtain copies of any medical examiner's report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117. The system designated to protect and advocate the rights of individuals with developmental disabilities under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and the rights of individuals with mental illness under the Protection and Advocacy for Mentally Ill Individuals [with Mental Illness] Act (42 U.S.C. 10801 et seq.) shall have access to reports described in this subsection pursuant to ORS 192.517.

NOTE: Fixes title of federal Act in (5).

SECTION 61. ORS 153.093 is amended to read:

153.093. (1) Notwithstanding any other provision of law, except as specifically provided in this section a court or violations bureau may not defer, waive, suspend or otherwise reduce the fine for a violation [or infraction] to an amount that is less than:

(a) 50 percent of the base fine amount established for the offense under ORS 153.125 to 153.145, if the offense is a Class A, B, C or D violation, or an unclassified violation, under ORS 153.012 and 153.015; or

(b) 20 percent of the base fine amount established for the offense under ORS 153.125 to 153.145, if the offense is a specific fine violation as described by ORS 153.015.

(2) A court or violations bureau may impose a fine lower than the amount required by subsection (1) of this section if the court has authorized imposition of a lower fine for vehicle equipment violation proceedings in which the defendant establishes that the vehicle equipment has been installed or repaired to comply with the law that was violated.

(3) A court or violations bureau may impose a fine lower than the amount required by subsection (1) of this section if the court has established procedures for the imposition of a lower fine based on a determination that the defendant has not been convicted of an offense within the three-year period immediately preceding the date on which the citation was issued.

(4) In addition to the grounds specified in subsections (2) and (3) of this section, a court may impose a fine lower than the amount required by subsection (1) of this section if:

(a) The court determines that the defendant is indigent; or

(b) The court determines that in a specific case the amount of the fine required by subsection (1) of this section would be inconsistent with justice.

(5) Nothing in this section:

(a) Affects the manner in which a court imposes or reduces monetary obligations other than fines.

(b) Allows a court to reduce any fine amount below a minimum fine amount established by statute for the offense.

(c) Affects the ability of a court to establish a payment schedule for fines imposed by the court.

(6) For the purpose of determining whether a fine meets the requirements of subsection (1) of this section, the unitary assessment amount under ORS 137.290 and the county assessment amount under ORS 137.309 shall be included in calculating the amount required under subsection (1) of this section.

(7) The Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of this section. In addition, the Department of Revenue or Secretary of State may audit any court to determine whether the court is complying with the requirements of ORS 137.290 (4) and 153.630 (4). The Department of Revenue or Secretary of State may file an action under ORS 34.105 to 34.240 to enforce the requirements of this section and ORS 137.290 (4) and 153.630 (4).

NOTE: Deletes archaic term in (1).

SECTION 62. ORS 165.540 is amended to read:

165.540. (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of this section, [no person shall] a person may not:

(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which [such] the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant.

(b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communication to which [such] the person is not a participant.

(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are [not] specifically informed that their conversation is being obtained.

(d) Obtain the whole or any part of a conversation, telecommunication or radio communication from any person, while knowing or having good reason to believe that [such] the conversation, telecommunication or radio communication was initially obtained in a manner prohibited by this section.

(e) Use or attempt to use, or divulge to others, any conversation, telecommunication or radio communication obtained by any means prohibited by this section.

(2)(a) The prohibitions in subsection (1)(a), (b) and (c) of this section [shall] do not apply to:

(A) Officers, employees or agents of a telecommunication or radio communication company who perform the acts prohibited by subsection (1)(a), (b) and (c) of this section for the purpose of construction, maintenance or conducting of their telecommunication or radio communication service, facilities or equipment[; nor shall such prohibitions apply to].

(B) Public officials in charge of and at jails, police premises, sheriffs' offices, Department of Corrections institutions and other penal or correctional institutions, except as to communications or conversations between an attorney and the client of the attorney.

(b) Officers, employees or agents of a telecommunication or radio communication company who obtain information under paragraph (a) of this subsection [shall] may not use or attempt to use, or divulge to others, the [such] information except for the purpose of construction, maintenance, or conducting of their telecommunication or radio communication service, facilities or equipment.

(3) The prohibitions in subsection (1)(a), (b) or (c) of this section [shall] do not apply to subscribers or members of their family who perform the acts prohibited in subsection (1) of this section in their homes.

(4) The prohibitions in subsection (1)(a) of this section do not apply to the receiving or obtaining of the contents of any radio or television broadcast transmitted for the use of the general public.

(5) The prohibitions in subsection (1)(c) of this section do not apply to a person who records a conversation during a felony that endangers human life.

(6) The prohibitions in subsection (1)(c) of this section [shall] do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings:

(a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events;

(b) Regularly scheduled classes or similar educational activities in public or private institutions; or

(c) Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made.

(7) The prohibitions in subsection (1)(a), (c), (d) and (e) of this section do not apply to any:

(a) Radio communication [which] that is transmitted by a station operating on an authorized frequency within the amateur or citizens bands; or

(b) Person who intercepts a radio communication [which] that is transmitted by any governmental, law enforcement, civil defense or public safety communications system, including police and fire, readily accessible to the general public provided that the interception is not for purposes of illegal activity.

(8) Violation of subsection (1) or (2)(b) of this section is a Class A misdemeanor.

NOTE: Conforms syntax, punctuation and structure to legislative style.

SECTION 63. ORS 166.262 and 166.263 are added to and made a part of ORS 166.250 to 166.270.

NOTE: Adds sections to appropriate series.

SECTION 64. ORS 166.270 is amended to read:

166.270. (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any firearm[,] commits the crime of felon in possession of a firearm.

(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person's possession or under the person's custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove or metal knuckles, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.

(3) For the purposes of this section, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. [Provided, however, that] Such conviction shall not be deemed a conviction of a felony if:

(a) The court declared the conviction to be a misdemeanor at the time of judgment; or

(b) The offense was [for] possession of marijuana and the conviction was prior to January 1, 1972.

(4) Subsection (1) of this section [shall] does not apply to any person who has been:

(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or

(b) Granted relief from the disability under 18 U.S.C. 925(c) or has had the person's record expunged under the laws of this state or equivalent laws of another jurisdiction.

(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor.

NOTE: Corrects punctuation in (1); fixes grammar and syntax in (3) and (4).

SECTION 65. ORS 166.293 is amended to read:

166.293. (1) If the application for the concealed handgun license is denied, the sheriff shall set forth in writing the reasons for the denial. The denial shall be sent to the applicant by certified mail, restricted delivery, within 45 days after the application was made. If no decision is issued within 45 days, the person may seek review under the procedures in subsection (5) of this section.

(2) Notwithstanding ORS 166.291 (1), and subject to review as provided in subsection (5) of this section, a sheriff may deny a concealed handgun license if the sheriff has reasonable grounds to believe that the applicant has been or is reasonably likely to be a danger to self or others, or to the community at large, as a result of the applicant's mental or psychological state, as demonstrated by past pattern of behavior or participation in incidents involving unlawful violence or threats of unlawful violence.

(3)(a) Any act or condition that would prevent the issuance of a license under ORS 166.291 [to 166.293] and 166.292 is cause for revoking a concealed handgun license.

(b) A sheriff may revoke a license by serving upon the licensee a notice of revocation. The notice must contain the grounds for the revocation and must be served either personally or by certified mail, restricted delivery. The notice and return of service shall be included in the file of the licensee. The revocation is effective upon the licensee's receipt of the notice.

(4) Any peace officer or corrections officer may seize a concealed handgun license and return it to the issuing sheriff when the license is held by a person who has been arrested or cited for a crime that can or would otherwise disqualify the person from being issued a concealed handgun license. The issuing sheriff shall hold the license for 30 days. If the person is not charged with a crime within the 30 days, the sheriff shall return the license unless the sheriff revokes the license as provided in subsection (3) of this section.

(5) A person denied a concealed handgun license or whose license is revoked or not renewed under ORS 166.291 to 166.295 may petition the circuit court in the petitioner's county of residence to review the denial, nonrenewal or revocation. The petition must be filed within 30 days after the receipt of the notice of denial or revocation.

(6) The judgment affirming or overturning the sheriff's decision shall be based solely on whether the petitioner meets the criteria that are used for issuance of the license under ORS 166.291 [to 166.293] and 166.292. Whenever the petitioner has been previously sentenced for a crime under ORS 161.610 or for a crime of violence for which the person could have received a sentence of more than 10 years, the court shall only grant relief if the court finds that relief should be granted in the interest of justice.

(7) Notwithstanding the provisions of ORS 9.320, a corporation, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section.

(8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as practicable thereafter.

(9) Filing fees for actions shall be as for any civil action filed in the court. If the petitioner prevails, the amount of the filing fee shall be paid by the respondent to the petitioner and may be incorporated into the court order.

(10) Initial appeals of petitions shall be heard de novo.

(11) Any party to a judgment under this section may appeal to the Court of Appeals in the same manner as for any other civil action.

(12) If the governmental entity files an appeal under this section and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party.

NOTE: Eliminates needless series references in (3) and (6).

SECTION 66. ORS 166.410 is amended to read:

166.410. Any person who manufactures or causes to be manufactured within this state, or who imports into this state, or offers, exposes for sale, or sells or transfers a handgun, short-barreled rifle, short-barreled shotgun, firearms silencer or machine gun, otherwise than in accordance with ORS 166.250, [to] 166.260, 166.270, 166.291, 166.292, [and] 166.425, 166.450, 166.460 and [to] 166.470, [shall be] is guilty of a Class B felony.

NOTE: Deletes needless series references; conforms syntax to legislative style.

SECTION 67. ORS 166.410, as amended by section 46, chapter 666, Oregon Laws 2001, is amended to read:

166.410. Any person who manufactures or causes to be manufactured within this state, or who imports into this state, or offers, exposes for sale, or sells or transfers a handgun, short-barreled rifle, short-barreled shotgun, firearms silencer or machine gun, otherwise than in accordance with ORS 166.250, [to] 166.260, 166.270, 166.281, 166.291, 166.292, [and] 166.425, 166.450, 166.460 and [to] 166.470, [shall be] is guilty of a Class B felony.

NOTE: Deletes needless series references; conforms syntax to legislative style.

SECTION 68. ORS 169.090 is amended to read:

169.090. (1) The Director of the Department of Corrections shall publish and distribute a manual of recommended guidelines for the operation of local correctional facilities and lockups as developed by a jail standards committee appointed by the director. This manual shall be revised when appropriate with consultation and advice of the Oregon State Sheriffs' Association, the Oregon Association [of] Chiefs of Police, Association of Oregon Counties, the League of Oregon Cities and other appropriate groups and agencies and will be redistributed upon the approval of the Governor.

(2) The Juvenile Crime Prevention Advisory Committee and the Department of Corrections shall develop guidelines pertaining to the operation of juvenile detention facilities, as defined in ORS 169.005. Guidelines shall be revised by the Juvenile Crime Prevention Advisory Committee and the Department of Corrections, whenever appropriate. The guidelines shall be included in the manual published and distributed under subsection (1) of this section. However, the Juvenile Crime Prevention Advisory Committee may choose to publish and distribute the guidelines independently.

NOTE: Corrects name of association in (1).

SECTION 69. ORS 171.857 is amended to read:

171.857. (1) The President of the Senate and the Speaker of the House of Representatives shall jointly appoint a special legislative committee to issue a report pursuant to section 8, Article VIII of the Oregon Constitution.

(2) The Legislative Assembly in the report shall:

(a) Demonstrate that the amount within the budget appropriated for the state's system of kindergarten through grade 12 public education is the amount of moneys as determined by the Quality Education Commission established by ORS 327.500 that is sufficient to meet the quality goals; or

(b) Identify the reasons that the amount appropriated for the state's system of kindergarten through grade 12 public education is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state's system of kindergarten through grade 12 public education to meet the quality goals. In identifying the impact of the insufficiency, the Legislative Assembly shall include in the report how the amount appropriated in the budget may affect both the current practices and student performance identified by the commission under ORS 327.506 (4)(a) and the best practices and student performance identified by the commission under ORS 327.506 (4)(b).

(3)(a) Notwithstanding subsection (2) of this section, the Legislative Assembly may make a determination that the report of the Quality Education Commission should not be used as the basis for carrying out the reporting requirements of section 8, Article VIII of the Oregon Constitution, and subsection (2) of this section. If the report is not used, the Legislative Assembly shall identify the reasons for not using the report to meet the reporting requirements and shall outline an alternative methodology for making the findings required by section 8, Article VIII of the Oregon Constitution.

(b) The alternative methodology shall be based on:

(A) Research, data and public values; and

(B) The performance of successful schools, professional judgment or a combination of the performance of successful schools and professional judgment.

(c) The Legislative Assembly shall include in the report that uses the alternative methodology a determination of how the amount appropriated may affect the ability of the state's system of kindergarten through grade 12 public education to meet quality goals established by law, including expected student performance against those goals.

(4) The Legislative Assembly shall identify in the report whether the state's system of post-secondary public education has quality goals established by law. If there are quality goals, the Legislative Assembly shall include in the report a determination that the amount appropriated in the budget is sufficient to meet those goals or an identification of the reasons the amount appropriated is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state's system of post-secondary public education to meet those quality goals.

(5) The report shall be issued within 180 days after the regular session of the Legislative Assembly adjourns sine die.

(6) The Legislative Assembly shall provide public notice of the report's issuance, including posting the report on the Internet and providing a print version of the report upon request.

NOTE: Clarifies reference to commission in (2)(a).

SECTION 70. ORS 174.107 is amended to read:

174.107. (1) As used in the statute [law] laws of this state, “disabled person” means any person who:

(a) Has a physical or mental impairment which substantially limits one or more major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

(2) Specific types of disability shall be considered subcategories under the definition of disabled person.

NOTE: Corrects word choice in (1).

SECTION 71. ORS 176.780 is amended to read:

176.780. Whenever the Governor has issued a proclamation under ORS 176.775, the Governor may by executive order direct actions:

(1) Reducing energy resource usage by state agencies and political subdivisions in this state. [;]

(2) Promoting conservation, prevention of waste and salvage of energy resources and the materials, services and facilities derived therefrom or dependent thereon, by state agencies and political subdivisions in this state. [;]

(3) Directing the establishment by state agencies and political subdivisions in this state of programs necessary to implement and comply with federal energy conservation programs, including but not limited to allocation or rationing of energy resources and the distribution of the state's discretionary allotments.

NOTE: Rectifies punctuation in (1) and (2).

SECTION 72. ORS 177.030 is amended to read:

177.030. The Secretary of State shall:

(1) Keep a record of the official acts of the Oregon Department of Administrative Services[;] and, when required, lay the same and all matters relative thereto before each branch of the legislature.

(2) Affix the seal of the state to, and countersign all commissions and other official acts issued or done by the Governor, approbation by the Governor of the laws excepted, and make a register of such commissions, specifying to whom given or granted, the office conferred, with the date and tenor of the commission, in a book to be provided for that purpose.

(3) Be charged with the safekeeping of all enrolled laws and resolutions and not permit them to be taken out of the office or inspected, except in the presence of the Secretary of State, unless by order of the Governor, or by resolution of one or both houses of the legislature, under penalty of $100.

(4) Keep the office open during business hours at all times, Sundays excepted.

NOTE: Corrects punctuation in (1).

SECTION 73. ORS 179.010 is amended to read:

179.010. As used in this chapter [and sections 2 and 12, chapter 321, Oregon Laws 1987], unless the context requires otherwise, [:]

[(1)] “institutions” means the institutions designated in ORS 179.321.

[(2) “Local government” means any county, city or special district.]

[(3) “Plan” means the statewide strategic corrections plan developed under section 12, chapter 321, Oregon Laws 1987.]

NOTE: Eliminates obsolete session law references and superfluous definitions.

SECTION 74. ORS 179.105 is amended to read:

179.105. (1) For [any of the purposes contemplated by] a purpose of ORS 179.040, including aid and support of research in any of the institutions, the Department of Corrections and the Department of Human Services may in their respective discretions accept from the United States or any of its agencies financial assistance and grants in the form of money or labor, or from any other source any donation or grant of land or gift of money or any other thing. Any funds accepted in accordance with the provisions of this section and ORS 179.110 shall be deposited with the State Treasurer and, subject to subsection (2) of this section, are appropriated to the Department of Corrections or Department of Human Services and may be expended by [it] the department according to the conditions and terms of the grant or donation.

(2) Funds received under subsection (1) of this section or ORS 179.110 shall be expended subject to expenditure limitations imposed on the Department of Corrections or Department of Human Services by the Legislative Assembly or, in the absence of such limitations, only after approval of the Legislative Assembly or of the Emergency Board, if approval is required during the interim between sessions of the Legislative Assembly.

(3) In any case where prior approval of the authority to expend any funds available under subsection (1) of this section or ORS 179.110 is imposed as a term or condition of receipt of such funds, the Legislative Assembly or the Emergency Board may approve expenditures of such funds prior to their receipt.

NOTE: Conforms syntax and punctuation to legislative style in (1).

SECTION 75. ORS 179.331 is amended to read:

179.331. (1) The superintendents shall be appointed and, whenever the public service requires such action, may be removed, suspended or discharged, as follows:

(a) Superintendents of institutions described in ORS 179.321 (1), by the Director of Human Services.

(b) Superintendents of Department of Corrections institutions [described in ORS 179.321 (2)] as defined in ORS 421.005, by the Director of the Department of Corrections.

(2) For purposes of the State Personnel Relations Law, the superintendents are assigned to the unclassified service.

NOTE: Eliminates indirect ORS citation in (1)(b).

SECTION 76. ORS 179.495 is amended to read:

179.495. (1) Medical case histories, clinical records, X-rays, treatment charts, progress reports and other similar written accounts of the inmates of any Department of Corrections institution [described in ORS 179.321] as defined in ORS 421.005, maintained in such institution by the officers or employees thereof who are authorized to maintain such histories, records, X-rays, charts, reports and other accounts within the official scope of their duties, shall not be subject to inspection except upon permission given by the Department of Corrections in compliance with ORS 179.505 (3), (4), (6), (7), (9), (11), (12), (14) or (15), or upon order of a court of competent jurisdiction. The restriction contained in this section shall not apply to inspection or release of written accounts made under ORS 179.505 (3) with the consent of the individual concerned, or in case of the incompetence of the inmate, by the legal guardian of the inmate.

(2) Except as authorized under subsection (1) of this section, any person who releases or any person who knowingly obtains information from any record referred to in subsection (1) of this section commits a Class B violation.

NOTE: Eliminates indirect ORS citation in (1).

SECTION 77. ORS 179.610 is amended to read:

179.610. As used in ORS 179.610 to 179.770, unless the context requires otherwise:

(1) “Agency” means either the Department of Human Services for a person in a state institution described in ORS 179.321 (1) or the Department of Corrections for a person in a [state institution described in ORS 179.321 (2)] Department of Corrections institution as defined in ORS 421.005.

(2) “Authorized representative” means an individual or entity appointed under authority of ORS chapter 125, as guardian or conservator of a person, who has the ability to control the person's finances, and any other individual or entity holding funds or receiving benefits or income on behalf of any person.

(3) “Care” means all services rendered by the state institutions as described in ORS 179.321 or by the Department of Human Services or the Department of Corrections on behalf of those institutions. These services include, but are not limited to, such items as medical care, room, board, administrative costs and other costs not otherwise excluded by law.

(4) “Decedent's estate” has the meaning given “estate” in ORS 111.005 (15).

(5) “Person,” “person in a state institution” or “person at a state institution,” or any similar phrase, means an individual who is or has been at a state institution described in ORS 179.321.

(6) “Personal estate” means all income and benefits as well as all assets, including all personal and real property of a living person, and includes assets held by the person's authorized representative and all other assets held by any other individual or entity holding funds or receiving benefits or income on behalf of any person.

NOTE: Eliminates indirect ORS citation in (1).

SECTION 78. ORS 179.750 is amended to read:

179.750. (1) [No] Discrimination [shall] may not be made in the admission, accommodation, care, education or treatment of any person in a state institution because the person does or does not contribute to the cost of the care.

(2) [No] Discrimination [shall] may not be made in the provision of or access to educational facilities and services and recreational facilities and services to any person in the state institutions enumerated in ORS [179.321 (2) or] 420.005 or Department of Corrections institutions as defined in ORS 421.005on the basis of race, religion, sex, marital status or national origin of the person. This subsection [shall] does not require combined domiciliary facilities at the state institutions to which it applies.

NOTE: Corrects prohibitive word choice and eliminates indirect ORS citation.

SECTION 79. ORS 181.537 is amended to read:

181.537. (1) The Department of Human Services or the Employment Department may request from the Department of State Police criminal offender information on subject individuals if the information is required in order to protect vulnerable Oregonians:

(a) To implement a federal or state statute, executive order or rule that expressly refers to criminal conduct and contains requirements or exclusions expressly based on such conduct;

(b) For departmental employment purposes;

(c) For the purposes of licensing, certifying, registering or otherwise regulating or administering programs, subject individuals or qualified entities that provide care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities;

(d) For the purposes of employment decisions by qualified entities that are regulated or otherwise subject to oversight by the Department of Human Services or the Employment Department and that provide care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities; or

(e) For the purposes of employment decisions made by a mass transit district or transportation district for qualified entities that, under contracts with the district or the Department of Human Services, employ individuals to operate motor vehicles for the transportation of medical assistance program clients.

(2) The Department of Human Services and the Employment Department may conduct criminal records checks on subject individuals through the Law Enforcement Data System maintained by the Department of State Police or a qualified vendor, if deemed necessary by the Department of Human Services or the Employment Department.

(3) If a nationwide criminal records check is necessary for a subject individual, the Department of Human Services or the Employment Department shall request the Department of State Police to conduct the check, including fingerprint identification, through the Federal Bureau of Investigation. The Department of State Police shall report the results to the Department of Human Services or the Employment Department. The Department of State Police shall also furnish such information as the Department of State Police may have in its possession from its central bureau of criminal identification, including but not limited to manual or computerized information.

(4) The Federal Bureau of Investigation shall either return or destroy the fingerprint cards used to conduct the criminal records check and shall not keep any record of the fingerprints. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, the Department of Human Services or the Employment Department shall cease to send the cards to the federal bureau but shall continue to process the information through other available resources.

(5) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the department shall return the fingerprint cards to the Department of Human Services or the Employment Department. The Department of Human Services or the Employment Department shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced.

(6) The Department of Human Services and the Employment Department may furnish to qualified entities, in accordance with the respective department's rules and the rules of the Department of State Police, information received from the Law Enforcement Data System or a qualified vendor. In addition, the Department of Human Services, the Employment Department and the Department of State Police shall permit a subject individual to inspect the individual's own Oregon criminal offender record. However, any criminal offender records and information furnished to the Department of Human Services and the Employment Department by the Federal Bureau of Investigation through the Department of State Police may not be disseminated to other qualified entities or subject individuals.

(7)(a) A qualified entity, using rules adopted by the Department of Human Services and the Employment Department, shall determine under this section whether a subject individual is fit to hold a position, provide services, be employed or, if the qualified entity has authority to make such a determination, be licensed, certified or registered, based on the criminal offender information obtained pursuant to this section, any false statements made by the individual regarding the criminal history of the individual and any refusal to submit or consent to a criminal records check including fingerprint identification. If a subject individual is determined to be unfit, then that person shall not hold the position, provide services or be employed, licensed, certified or registered.

(b) In making the fitness determination, the qualified entity shall consider:

(A) The nature of the crime;

(B) The facts that support the conviction or pending indictment or indicate the making of the false statement;

(C) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual's present or proposed position, services, employment, license, certification or registration; and

(D) Intervening circumstances relevant to the responsibilities and circumstances of the position, services, employment, license, certification or registration. Intervening circumstances include but are not limited to the passage of time since the commission of the crime, the age of the person at the time of the crime, the likelihood of a repetition of offenses, the subsequent commission of another relevant crime and a recommendation of an employer.

(c) The Department of Human Services and the Employment Department are the only qualified entities that may make fitness determinations based on criminal offender records and information furnished by the Federal Bureau of Investigation through the Department of State Police.

(d) A qualified entity shall have immunity from any civil liability that might otherwise be incurred or imposed for determining pursuant to this subsection that a subject individual is not fit to hold a position, provide services or be employed, licensed, certified or registered. A qualified entity and an employer or employer's agent who in good faith comply with this section and the decision of the qualified entity are not liable for the failure to hire a prospective employee or the decision to discharge an employee on the basis of the qualified entity's decision. No employee of the state, a business or an organization is liable for defamation, invasion of privacy, negligence or any other civil claim in connection with the lawful dissemination of information lawfully obtained under this section.

(8)(a) The Department of Human Services and the Employment Department shall each establish by rule a contested case process by which a subject individual may appeal the determination that the subject individual is disqualified for a position, services, employment, license, certification or registration pursuant to this section. Challenges to the accuracy or completeness of information provided by the Department of State Police, the Federal Bureau of Investigation and agencies reporting information to the department or bureau must be made through the department, bureau or agency and not through the contested case process required by this paragraph.

(b) A subject individual who is also employed by the Department of Human Services or the Employment Department and who is determined disqualified for a position may appeal the determination through either the contested case process adopted under this subsection or applicable personnel rules, policies and collective bargaining provisions. A subject individual's decision to appeal a determination through personnel rules, policies and collective bargaining provisions shall constitute an election of remedies as to the rights of the subject individual with respect to the disqualification determination, and shall constitute waiver of the contested case process.

(9) The Department of Human Services shall develop a system that maintains information regarding criminal records checks in order to minimize the administrative burden that criminal records check requirements impose upon subject individuals and providers. Records maintained under this subsection for subject individuals are confidential and shall not be disseminated except for the purposes of this section and in accordance with the rules of the Department of Human Services and the Department of State Police. Nothing in this subsection permits the Department of Human Services to retain fingerprint cards of subject individuals.

(10) The Department of Human Services and the Employment Department, in consultation with the Department of State Police and affected provider, beneficiary and employee groups, shall adopt rules to implement this section and other statutes relating to criminal offender information. The rules may include but are not limited to:

(a) Specifying which employees are authorized to make criminal record inquiries;

(b) Specifying categories of subject individuals who are subject to criminal records checks;

(c) Specifying the information, including fingerprints, that may be required from a subject individual to permit a criminal records check;

(d) Specifying which programs, services or qualified entities are subject to this section;

(e) Specifying which qualified entities may request criminal offender information;

(f) Specifying which qualified entities are responsible for deciding whether a subject individual is not fit for a position, service, license, certification, registration or employment;

(g) Specifying which crimes may be considered in reviewing criminal offender information for a subject individual;

(h) Specifying when a nationwide criminal records check shall be conducted on a subject individual through the Department of State Police. The additional cost of obtaining a nationwide criminal records check and the risk to vulnerable Oregonians should be taken into consideration when adopting rules under this paragraph;

(i) Specifying when a qualified entity, in lieu of conducting a completely new criminal records check, may proceed to make a fitness determination under this section using the information maintained by the Department of Human Services pursuant to subsection (9) of this section;

(j) Determining when a subject individual may be hired on a probationary basis pending a criminal records check. At a minimum, if there is any indication of criminal behavior by the subject individual, the rules must require that, if the individual is hired, the individual can be hired only on a probationary basis and must be actively supervised at all times when the individual is in contact with children, the elderly or persons with disabilities; and

(k) Establishing fees in an amount not to exceed the actual cost of acquiring and furnishing criminal offender information.

(11) The Department of Human Services shall appoint a criminal records check rules coordinator who shall be responsible for ensuring that the [department's divisions and offices adopt] department adopts appropriately consistent criminal records check processes that minimize adverse impacts to subject individuals and providers while accomplishing protection for children, the elderly and persons with disabilities.

(12) Criminal offender information is confidential. The Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information. Any qualified entity receiving information pursuant to this section is bound by the rules of disclosure adopted by the department.

(13) For purposes of receiving the information described in this section, the Department of Human Services and the Employment Department are each considered to be a “designated agency” under ORS 181.010 to 181.560 and 181.715 to 181.730 and the rules adopted under ORS 181.555.

(14) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the qualified entity shall deny or terminate the employment of the individual, or revoke or deny any applicable position, service, employment, license, certification or registration.

(15) The Department of Human Services and Employment Department shall define by rule the conditions under which subject individuals may participate in training, orientation and work activities pending completion of a criminal records check through the Law Enforcement Data System, qualified vendor or nationwide criminal records check. At a minimum, subject individuals shall be actively supervised at all times that they are in contact with children, the elderly and persons with disabilities during such periods of training, orientation and work. Subject individuals may continue probationary employment while awaiting the nationwide criminal records check as long as the individual's criminal records check through the Law Enforcement Data System or qualified vendor did not result in disqualification and there are no other indications of criminal behavior.

(16) If the qualified entity requires a criminal records check of employees or other persons, the application forms of the qualified entity must contain a notice that employment is subject to fingerprinting and a criminal records check as required by this section and ORS 181.539.

(17) As used in this section:

(a) “Care” means the provision of care, treatment, education, training, instruction, supervision, placement services, recreation or support to children, the elderly or persons with disabilities and developmental disabilities.

(b) “Qualified entity” means the Department of Human Services, the Employment Department, community mental health and developmental disability program, local health department or an individual or business or organization, whether public, private, for-profit, nonprofit or voluntary, that provides care, including a business or organization that licenses, certifies or registers others to provide care.

(c) “Qualified vendor” means a supplier of criminal history backgrounds who is certified by the Department of Human Services or the Employment Department as having substantially the same criminal offender information as the Law Enforcement Data System.

(d) “Subject individual” means a person subject to a criminal records check as specified by rule of the Department of Human Services or the Employment Department.

NOTE: Reflects statutory agency naming scheme in (11).

SECTION 80. ORS 181.620 is amended to read:

181.620. (1) The Governor shall appoint a Board on Public Safety Standards and Training consisting of 23 members as follows:

(a) Two members shall be chiefs of police recommended to the Governor by the Oregon Association [of] Chiefs of Police;

(b) One member shall be a sheriff recommended to the Governor by the Oregon State Sheriffs' Association;

(c) One member shall be a fire chief recommended to the Governor by the Oregon Fire Chiefs' Association;

(d) One member shall be a representative of the fire service recommended to the Governor by the Oregon Fire District Directors' Association;

(e) One member shall be a member of the Oregon State Fire Fighter's Council recommended to the Governor by the executive body of the council;

(f) One member shall be a representative of corrections personnel recommended to the Governor by the Oregon State Sheriffs' Association;

(g) One member shall be a representative of the fire service recommended to the Governor by the Oregon Volunteer Fire Fighters' Association;

(h) One member shall be a representative of public safety telecommunicators;

(i) One member shall be a district attorney recommended to the Governor by the Oregon District Attorneys Association;

(j) One member shall be the Superintendent of State Police;

(k) One member shall be the Chief of the Portland Police Bureau;

(L) One member shall be the State Fire Marshal;

(m) One member shall be the Chief of the Portland Fire Bureau;

(n) One member shall be the Director of the Department of Corrections;

(o) One member shall be the Special Agent in Charge of the Federal Bureau of Investigation for Oregon;

(p) One member shall represent forest protection agencies recommended to the Governor by the State Forestry Department;

(q) One member shall be an administrator of a municipality recommended to the Governor by the executive body of the League of Oregon Cities;

(r) Two members shall be nonmanagement representatives of law enforcement;

(s) One member shall be a public member. A person appointed as a public member under this section shall be a person:

(A) Who has no personal interest or occupational responsibilities in the area of responsibility given to the board; and

(B) Who represents the interests of the public in general; and

(t) Two members shall be representatives of the private security industry recommended to the Governor by the Advisory Committee on Private Security Services.

(2) The term of office of a member is three years, and no member may be removed from office except for cause. Before the expiration of the term of a member, the Governor shall appoint the member's successor to assume the member's duties on July 1 next following. In case of a vacancy for any cause, the Governor shall make an appointment, effective immediately, for the unexpired term.

(3) Except for members who serve by virtue of office, no member shall serve more than two terms. For purposes of this subsection, a person appointed to fill a vacancy consisting of an unexpired term of at least one and one-half years has served a full term.

(4) Appointments of members of the board by the Governor, except for those members who serve by virtue of office, are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.

(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.

NOTE: Corrects name of association in (1)(a).

SECTION 81. ORS 181.637 is amended to read:

181.637. (1) The Board on Public Safety Standards and Training shall establish the following policy committees:

(a) Corrections Policy Committee;

(b) Fire Policy Committee;

(c) Police Policy Committee; and

(d) Telecommunications Policy Committee.

(2) The members of each policy committee shall select a chairperson and vice chairperson for the policy committee. Only members of the policy committee who are also members of the board are eligible to serve as a chairperson or vice chairperson. The vice chairperson may act as chairperson in the absence of the chairperson.

(3) The Corrections Policy Committee consists of:

(a) All of the board members who represent the corrections discipline;

(b) The chief administrative officer of the training division of the Department of Corrections;

(c) A security manager from the Department of Corrections; and

(d) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon State Sheriffs' Association;

(B) Two persons recommended by and representing the Oregon Jail Managers' Association;

(C) One person recommended by and representing a statewide association of community corrections directors; and

(D) One nonmanagement corrections officer employed by the Department of Corrections.

(4) The Fire Policy Committee consists of:

(a) All of the board members who represent the fire service discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing a statewide association of fire instructors;

(B) One person recommended by and representing a statewide association of fire marshals;

(C) One person recommended by and representing community college fire programs; and

(D) One nonmanagement firefighter recommended by a statewide organization of firefighters.

(5) The Police Policy Committee consists of:

(a) All of the board members who represent the law enforcement discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) One person recommended by and representing the Oregon Association [of] Chiefs of Police;

(B) Two persons recommended by and representing the Oregon State Sheriffs' Association;

(C) One command officer recommended by and representing the Oregon State Police; and

(D) One nonmanagement law enforcement officer.

(6) The Telecommunications Policy Committee consists of:

(a) All of the board members who represent the telecommunications discipline; and

(b) The following, who may not be current board members, appointed by the chairperson of the board:

(A) Two persons recommended by and representing a statewide association of public safety communications officers;

(B) One person recommended by and representing the Oregon Association [of] Chiefs of Police;

(C) One person recommended by and representing the Oregon State Police;

(D) Two persons representing telecommunicators;

(E) One person recommended by and representing the Oregon State Sheriffs' Association;

(F) One person recommended by and representing the Oregon Fire Chiefs' Association;

(G) One person recommended by and representing the Emergency Medical Services and Trauma Systems Program of the Department of Human Services; and

(H) One person representing paramedics and recommended by a statewide association dealing with fire medical issues.

(7) In making appointments to the policy committees under this section, the chairperson of the board shall seek to reflect the diversity of the state's population. An appointment made by the chairperson of the board must be ratified by the board before the appointment is effective. The chairperson of the board may remove an appointed member for just cause. An appointment to a policy committee that is based on the member's employment is automatically revoked if the member changes employment. The chairperson of the board shall fill a vacancy in the same manner as making an initial appointment. The term of an appointed member is two years. An appointed member may be appointed to a second term.

(8) A policy committee may meet at such times and places as determined by the policy committee in consultation with the board. A majority of a policy committee constitutes a quorum to conduct business. A policy committee may create subcommittees if needed.

(9)(a) Each policy committee shall develop policies, requirements, standards and rules relating to its specific discipline. A policy committee shall submit its policies, requirements, standards and rules to the board for the board's consideration. When a policy committee submits a policy, requirement, standard or rule to the board for the board's consideration, the board shall:

(A) Approve the policy, requirement, standard or rule;

(B) Disapprove the policy, requirement, standard or rule; or

(C) Defer a decision and return the matter to the policy committee for revision or reconsideration.

(b) The board may defer a decision and return a matter submitted by a policy committee under paragraph (a) of this subsection only once. If a policy, requirement, standard or rule that was returned to a policy committee is resubmitted to the board, the board shall take all actions necessary to implement the policy, requirement, standard or rule unless the board disapproves the policy, requirement, standard or rule.

(c) Disapproval of a policy, requirement, standard or rule under paragraph (a) or (b) of this subsection requires a two-thirds vote by the members of the board.

(10) At any time after submitting a matter to the board, the chairperson of the policy committee may withdraw the matter from the board's consideration.

NOTE: Corrects name of association in (5)(b)(A) and (6)(b)(B).

SECTION 82. ORS 181.638 is amended to read:

181.638. (1) An executive committee of the Board on Public Safety Standards and Training is created consisting of the chairperson of the board, the chairpersons of the policy committees created in ORS 181.637 and the chairperson of the Advisory Committee on Private Security Services established in ORS 181.889.

(2) If necessary, the executive committee shall reconcile inconsistencies in policies among the policy committees and the advisory committee. The executive committee shall recommend agenda items for meetings of the board and indicate if a board vote is requested on particular agenda items. The executive committee shall meet as necessary to consider legislative concepts, budgets, grants and other matters that arise between regular board meetings.

(3) Except as otherwise provided in this subsection, only those members of the executive committee who are chairpersons of [a] policy or advisory [committee] committees may vote. A majority of the executive committee constitutes a quorum to transact business. If the chairperson of the executive committee is not a chairperson of a policy committee, the chairperson may vote only in the case of a tie vote of the other members.

NOTE: Refines syntax in (3).

SECTION 83. ORS 181.725 is amended to read:

181.725. (1) There is established a Criminal Justice Information Standards Advisory Board to advise the Department of State Police or the criminal justice agency designated by the Director of the Oregon Department of Administrative Services under ORS 181.715 (1) about the department's or the agency's duties under ORS 181.715. The board consists of the following members:

(a) The State Court Administrator or the administrator's designee;

(b) The Director of the Department of Corrections or the director's designee;

(c) The Superintendent of State Police or the superintendent's designee;

(d) The executive director of the Oregon Criminal Justice Commission or the executive director's designee;

(e) The Director of Transportation or the director's designee;

(f) The chairperson of the State Board of Parole and Post-Prison Supervision or the chairperson's designee;

(g) The Director of the Department of Public Safety Standards and Training or the director's designee;

(h) A chief of police designated by the Oregon Association [of] Chiefs of Police;

(i) A sheriff designated by the Oregon Sheriffs' Association;

(j) A jail manager designated by the Oregon Jail Managers' Association;

(k) A county juvenile department director designated by the Oregon Juvenile Department Directors' Association;

(L) A community corrections agency director designated by the Oregon Association of Community Corrections Directors;

(m) A district attorney designated by the Oregon District Attorneys Association;

(n) The administrator of the information resource management division of the Oregon Department of Administrative Services or the administrator's designee;

(o) The Director of the Oregon Youth Authority or the director's designee;

(p) The State Fish and Wildlife Director or the director's designee;

(q) The administrator of the Oregon Liquor Control Commission or the administrator's designee; and

(r) The staff director of the State Commission on Children and Families or the staff director's designee.

(2) The board shall meet at such times and places as the board deems necessary.

(3) The members of the board are not entitled to compensation but are entitled to expenses as provided in ORS 292.495.

NOTE: Corrects name of association in (1)(h).

SECTION 84. ORS 181.870 is amended to read:

181.870. As used in ORS 181.620, 181.870 to 181.889, 181.991 and 203.090:

(1) “Advisory committee” means the private security advisory committee created in ORS 181.889.

(2) “Certification” means recognition by the department that a private security officer meets all of the qualifications listed in ORS 181.875.

[(3) “Department” means the Department of Public Safety Standards and Training.]

[(4)] (3) “Contract security services” means the performance of at least one of the following:

(a) The observation and reporting of any unlawful activity.

(b) The prevention of theft or misappropriation of any goods, money or other items of value.

(c) The protection of individuals or property, including, but not limited to, proprietary information, from harm or misappropriation.

(d) The control of access to premises being protected.

(e) The secure movement of prisoners.

(f) The taking of enforcement action by detaining persons or placing persons under arrest under ORS 133.225.

(g) Providing canine services for guarding premises or for the detection of unlawful devices or substances.

(4) “Department” means the Department of Public Safety Standards and Training.

(5) “Director” means the director of the department.

(6) “Employee” means an individual who renders personal services wholly or partly in this state to an employer who pays or agrees to pay the individual at a fixed rate. “Employee” includes an applicant for employment to perform security services.

(7) “Employer” means a proprietary security manager or a security contractor.

(8) “Instructor” means any person who has been certified by the department as meeting the requirements to provide instruction to private security providers or applicants.

(9) “License” means recognition by the department that an employer or supervisory manager meets the requirements adopted by the Board on Public Safety Standards and Training as necessary to provide security services.

(10) “Primary responsibility” means an activity that is fundamental to, and required or expected in, the regular course of employment and is not merely incidental to employment.

(11)(a) “Private security officer” means an individual who performs, as the individual's primary responsibility:

(A) Contract security services for consideration as an independent contractor or as an employee of an independent contractor, whether armed or unarmed, full-time or part-time or in uniform or plainclothes; or

(B) Proprietary security services for consideration.

(b) “Private security officer” does not include:

(A) An individual while on active duty as a member of the armed services or while performing duties as a law enforcement officer; or

(B) An employee of a financial institution who has been designated as a security officer for the financial institution pursuant to the Bank Protection Act of 1968 (12 U.S.C. 1881, et seq.) and regulations adopted thereunder or pursuant to ORS 723.276 (5).

(12) “Private security provider” means any person who performs contract security services or proprietary security services or who performs the functions of an employer, supervisory manager or instructor.

(13) “Proprietary security manager” means an individual employed by a person or entity, other than a security contractor, whose responsibilities include implementing proprietary security services provided by a private security officer.

(14) “Proprietary security services” means the performance of at least one of the activities listed in subsection (4) of this section if the person performing the activity:

(a) Wears a uniform readily identifiable by a member of the public as that worn by a private security officer or a law enforcement officer;

(b) Wears clothing that bears words, such as “security,” or emblems that would cause a member of the public to reasonably believe that the person is a private security officer; or

(c) Carries a dangerous or deadly weapon, as those terms are defined in ORS 161.015, or a stun gun, pepper mace or nightstick.

(15) “Security contractor” means any person that provides the services of one or more private security officers for consideration.

(16) “Supervisory manager” means an employee of a proprietary security manager or security contractor who has as a primary responsibility the supervision of certified private security officers but who does not have authority to hire and terminate personnel.

NOTE: Alphabetizes definitions.

SECTION 85. ORS 181.871 is amended to read:

181.871. (1) ORS 181.870 to 181.889 and 181.991 do not apply to:

(a) A person certified by the Department of Public Safety Standards and Training as a police officer or a parole and probation officer.

(b) A law enforcement officer of the United States.

(c) An officer or employee of this state, Oregon Health and Science University established by ORS 353.020 or the United States.

(d) A person appointed or commissioned by the Governor to perform law enforcement or security services.

(e) An attorney admitted to practice law in this state.

(f) An insurance adjuster licensed in this state and performing duties authorized by the license.

(g) A person who monitors fire alarm systems and other alarm systems that are not designed to detect unauthorized intrusions.

(h) A person while protecting the person's property.

(i) A person who repairs and installs intrusion alarms.

(j) A person acting as an investigator as defined in ORS 703.401.

(k) A person performing crowd management or guest services, including, but not limited to, a person described as a ticket taker, an usher, a parking attendant or event staff, who is not armed, does not wear a uniform or clothing described in ORS 181.870 (14)(a) or (b) and is not hired with the primary responsibility of taking enforcement action as described in ORS 181.870 [(4)(f)] (3)(f).

(L) A person who performs security services at a facility regulated by the United States Nuclear Regulatory Commission and the facility is operated by the person's employer.

(2) The exemption provided by subsection (1)(k) of this section applies only:

(a) If there is at least one person on-site who is certified or licensed under ORS 181.878 for every 10 or fewer uncertified persons performing the services described in subsection (1)(k) of this section;

(b) If any enforcement action, as described in ORS 181.870 [(4)(f)] (3)(f), other than incidental or temporary action, is taken by or under the supervision of a person certified or licensed under ORS 181.878; and

(c) During the time when a crowd has assembled for the purpose of attending or taking part in an organized event, including pre-event assembly, event operation hours and post-event departure activities.

NOTE: Adjusts ORS references per renumbering in (1)(k) and (2)(b). See section 84 (amending 181.870).

SECTION 86. ORS 183.458 is amended to read:

183.458. (1) Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support or public assistance as defined in ORS 411.010, a party may be represented by any of the following persons:

(a) An authorized representative who is an employee of a nonprofit legal services program that receives funding pursuant to ORS 9.572. The authorized representative must be supervised by an attorney also employed by a legal services program.

(b) An authorized representative who is an employee of the system designated to protect and advocate the rights of individuals with developmental disabilities under part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.) and the rights of individuals with mental illness under the Protection and Advocacy for Mentally Ill Individuals [with Mental Illness] Act (42 U.S.C. 10801 et seq.). The authorized representative must be supervised by an attorney also employed by the system.

(2) In any contested case hearing before a state agency involving child support, a party may be represented by a law student who is:

(a) Handling the child support matter as part of a law school clinical program in which the student is enrolled; and

(b) Supervised by an attorney employed by the program.

(3) A person authorized to represent a party under this section may present evidence in the proceeding, examine and cross-examine witnesses and present factual and legal arguments in the proceeding.

NOTE: Corrects title of federal Act in (1)(b).

SECTION 87. ORS 184.616 is amended to read:

184.616. (1) Notwithstanding any other provisions of law, the Oregon Transportation Commission has the power to adopt any rules, establish any policy or exercise any other duty, function or power where a statute gives such power to the Department of Transportation.

(2) Where service of summons or other process is required by statute to be served on the Director of [the Department of] Transportation, the Department of Transportation or the Oregon Transportation Commission, such service shall be made upon the office of the director.

NOTE: Fixes title of director in (2).

SECTION 88. ORS 190.083 is amended to read:

190.083. (1) Before a county enters into an intergovernmental agreement creating an intergovernmental entity to operate, maintain, repair and modernize transportation facilities, the county shall obtain approval of the terms and conditions of the agreement from the governing bodies of a majority of the cities within the county.

(2) [Notwithstanding ORS 190.080 and] Subject to the provisions of this section, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may issue general obligation bonds and assess, levy and collect taxes in support of the purposes of the entity.

(3)(a) To carry out the purposes of an intergovernmental agreement under this section, and when authorized at an election described in paragraph (b) of this subsection, an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may borrow moneys and sell and dispose of general obligation bonds. Approval requires an affirmative vote of a majority of the electors within the intergovernmental entity voting in the election.

(b) If the bonds are not subject to the limitations under section 11 or 11b, Article XI of the Oregon Constitution:

(A) The proposition submitted to the electors shall provide that the intergovernmental entity shall assess, levy and collect taxes each year on the assessed value of all taxable property within the intergovernmental entity for the purposes of paying the principal and interest on the general obligation bonds;

(B) The election must comply with the voter participation requirements of section 11 (8), Article XI of the Oregon Constitution; and

(C) Outstanding bonds may never exceed in the aggregate two percent of the real market value of all taxable property within the entity.

(4) The governing body of an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities shall issue the bonds from time to time as authorized by the electors of the entity. The governing body shall issue the bonds according to the applicable provisions of ORS chapters 287 and 288.

(5) The electors of an intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may establish a permanent rate limit for ad valorem property taxes for the entity pursuant to section 11 (3)(c), Article XI of the Oregon Constitution.

(6) An intergovernmental entity created to operate, maintain, repair and modernize transportation facilities may exercise the powers necessary to carry out the purposes of the intergovernmental agreement, including but not limited to the authority to enter into agreements and to expend tax proceeds and other revenues the entity receives.

(7) An intergovernmental entity created to operate, maintain, repair and modernize transportation facilities is not a district as defined in ORS 198.010 and is not subject to the provisions of ORS chapter 451.

NOTE: Eliminates dueling exception in (2). See ORS 190.080 (2).

SECTION 89. ORS 190.520 is amended to read:

190.520. (1) The State Board of Higher Education shall:

[(1)] (a) Annually estimate the population as of July 1 of each city and county within the state and no later than December 15 of each year prepare a certificate of population showing the board's estimate of the population of each city and county within the state as of July 1. The board's estimate may be based upon statistical or other pertinent data or upon an actual count. The certificate shall also indicate the results of any enumeration of cities or annexed areas made after July 1.

[(2)] (b) Annually estimate the number of persons between the ages of 4 and 20 who resided in each county as of October 25. The board shall certify such estimate to the Superintendent of Public Instruction and to the executive officer of the administrative office of each county, as defined in ORS 328.001, by January 1 of each year.

[(3)] (c) Upon an official request from a city, county, political subdivision, public corporation or state agency, cause to be conducted at the expense of the requesting party an actual count of the population of the area specified in the request and prepare a certificate of population based upon such count.

[(4)] (d) Upon the incorporation of a city, cause to be conducted at the expense of the city an actual count of the population of the city. The board shall prepare a certificate of population based upon such count. If the election of officers of the newly incorporated city is held 40 days or more before the end of the calendar quarter, the certificate shall be prepared before the end of the calendar quarter. If the election is held less than 40 days before the end of the calendar quarter, the certificate shall be prepared before the end of the calendar quarter next following the election.

[(5)] (2) All certificates prepared under this section shall be filed with the Center for Population Research and Census.

NOTE: Restructures section to eliminate read-in error.

SECTION 90. ORS 192.502 is amended to read:

192.502. The following public records are exempt from disclosure under ORS 192.410 to 192.505:

(1) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure.

(2) Information of a personal nature such as but not limited to that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.

(3)[(a)] Public body employee or volunteer addresses, dates of birth and telephone numbers contained in personnel records maintained by the public body that is the employer or the recipient of volunteer services. This exemption [does not apply]:

[(A)] (a) Does not apply to such employees or volunteers if they are elected officials, except that a judge or district attorney subject to election may seek to exempt the judge's or district attorney's address or telephone number, or both, under the terms of ORS 192.445;

[(B)] (b) Does not apply to such employees or volunteers to the extent that the party seeking disclosure shows by clear and convincing evidence that the public interest requires disclosure in a particular instance; [or]

[(C)] (c) Does not apply to a substitute teacher as defined in ORS 342.815 when requested by a professional education association of which the substitute teacher may be a member[.]; and

[(b)] (d) [Nothing in this subsection exempting employee records from disclosure relieves] Does not relieve a public employer of any duty under ORS 243.650 to 243.782.

(4) Information submitted to a public body in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, the public body has obliged itself in good faith not to disclose the information, and when the public interest would suffer by the disclosure.

(5) Information or records of the Department of Corrections, including the State Board of Parole and Post-Prison Supervision, to the extent that disclosure thereof would interfere with the rehabilitation of a person in custody of the department or substantially prejudice or prevent the carrying out of the functions of the department, if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(6) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services in the administration of ORS chapters 723 and 725 not otherwise required by law to be made public, to the extent that the interests of lending institutions, their officers, employees and customers in preserving the confidentiality of such information outweighs the public interest in disclosure.

(7) Reports made to or filed with the court under ORS 137.077 or 137.530.

(8) Any public records or information the disclosure of which is prohibited by federal law or regulations.

(9) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law.

(10) Public records or information described in this section, furnished by the public body originally compiling, preparing or receiving them to any other public officer or public body in connection with performance of the duties of the recipient, if the considerations originally giving rise to the confidential or exempt nature of the public records or information remain applicable.

(11) Records of the Energy Facility Siting Council concerning the review or approval of security programs pursuant to ORS 469.530.

(12) Employee and retiree address, telephone number and other nonfinancial membership records and employee financial records maintained by the Public Employees Retirement System pursuant to ORS chapter 238 and ORS 238.410.

(13) Records submitted by private persons or businesses to the State Treasurer or the Oregon Investment Council relating to proposed acquisition, exchange or liquidation of public investments under ORS chapter 293 may be treated as exempt from disclosure when and only to the extent that disclosure of such records reasonably may be expected to substantially limit the ability of the Oregon Investment Council to effectively compete or negotiate for, solicit or conclude such transactions. Records which relate to concluded transactions are not subject to this exemption.

(14) The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the Public Employees Retirement Fund and the Industrial Accident Fund may be uniformly treated as exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.

(15) Reports of unclaimed property filed by the holders of such property to the extent permitted by ORS 98.352.

(16) The following records, communications and information submitted to the Oregon Economic and Community Development Commission, the Economic and Community Development Department, the State Department of Agriculture, the Oregon Growth Account Board, the Port of Portland or other ports, as defined in ORS 777.005, by applicants for investment funds, loans or services including, but not limited to, those described in ORS 285A.224:

(a) Personal financial statements.

(b) Financial statements of applicants.

(c) Customer lists.

(d) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.

(e) Production, sales and cost data.

(f) Marketing strategy information that relates to applicant's plan to address specific markets and applicant's strategy regarding specific competitors.

(17) Records, reports or returns submitted by private concerns or enterprises required by law to be submitted to or inspected by a governmental body to allow it to determine the amount of any transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceedings. The public body shall notify the taxpayer of the delinquency immediately by certified mail. However, in the event that the payment or delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the public body shall disclose, upon the request of any person, the following information:

(a) The identity of the individual concern or enterprise that is delinquent over 60 days in the payment or delivery of the taxes.

(b) The period for which the taxes are delinquent.

(c) The actual, or estimated, amount of the delinquency.

(18) All information supplied by a person under ORS 151.430 to 151.491 for the purpose of requesting court-appointed counsel, and all information supplied to the State Court Administrator from whatever source for the purpose of verifying indigency of a person pursuant to ORS 151.430 to 151.491.

(19) Workers' compensation claim records of the Department of Consumer and Business Services, except in accordance with rules adopted by the Director of the Department of Consumer and Business Services, in any of the following circumstances:

(a) When necessary for insurers, self-insured employers and third party claim administrators to process workers' compensation claims.

(b) When necessary for the director, other governmental agencies of this state or the United States to carry out their duties, functions or powers.

(c) When the disclosure is made in such a manner that the disclosed information cannot be used to identify any worker who is the subject of a claim.

(d) When a worker or the worker's representative requests review of the worker's claim record.

(20) Sensitive business records or financial or commercial information of the Oregon Health and Science University that is not customarily provided to business competitors.

(21) Records of Oregon Health and Science University regarding candidates for the position of president of the university.

(22) The records of a library, including circulation records, showing use of specific library material by a named person or consisting of the name of a library patron together with the address or telephone number, or both, of the patron.

(23) The following records, communications and information submitted to the Housing and Community Services Department by applicants for and recipients of loans, grants and tax credits:

(a) Personal and corporate financial statements and information, including tax returns.

(b) Credit reports.

(c) Project appraisals.

(d) Market studies and analyses.

(e) Articles of incorporation, partnership agreements and operating agreements.

(f) Commitment letters.

(g) Project pro forma statements.

(h) Project cost certifications and cost data.

(i) Audits.

(j) Project tenant correspondence requested to be confidential.

(k) Tenant files relating to certification.

(L) Housing assistance payment requests.

(24) Raster geographic information system (GIS) digital databases, provided by private forestland owners or their representatives, voluntarily and in confidence to the State Forestry Department, that is not otherwise required by law to be submitted.

(25) Sensitive business, commercial or financial information furnished to or developed by a public body engaged in the business of providing electricity or electricity services, if the information is directly related to a transaction described in ORS 261.348, or if the information is directly related to a bid, proposal or negotiations for the sale or purchase of electricity or electricity services, and disclosure of the information would cause a competitive disadvantage for the public body or its retail electricity customers. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules.

(26) Sensitive business, commercial or financial information furnished to or developed by the City of Klamath Falls, acting solely in connection with the ownership and operation of the Klamath Cogeneration Project, if the information is directly related to a transaction described in ORS 225.085 and disclosure of the information would cause a competitive disadvantage for the Klamath Cogeneration Project. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules.

(27) Personally identifiable information about customers of a municipal electric utility or a people's utility district. The utility or district may, however, release such information to a third party if the customer consents in writing or electronically, if the disclosure is necessary to render utility or district services to the customer, or if the disclosure is required pursuant to a court order. The utility or district may charge as appropriate for the costs of providing such information. The utility or district may make customer records available to third party credit agencies on a regular basis in connection with the establishment and management of customer accounts or in the event such accounts are delinquent.

(28) A record of the street and number of an employee's address submitted to a special district to obtain assistance in promoting an alternative to single occupant motor vehicle transportation.

(29) Sensitive business records, capital development plans or financial or commercial information of Oregon Corrections Enterprises that is not customarily provided to business competitors.

(30) Documents, materials or other information submitted to the Director of the Department of Consumer and Business Services in confidence by a state, federal, foreign or international regulatory or law enforcement agency or by the National Association of Insurance Commissioners, its affiliates or subsidiaries under ORS 646.380 to 646.396, 697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or 717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or the Insurance Code when:

(a) The document, material or other information is received upon notice or with an understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information; and

(b) The director has obligated the Department of Consumer and Business Services not to disclose the document, material or other information.

(31) A county elections security plan developed and filed under ORS 254.074.

NOTE: Recasts subsection (3) to eliminate read-in error.

SECTION 91. ORS 192.502, as amended by sections 80 and 81, chapter 962, Oregon Laws 2001, is amended to read:

192.502. The following public records are exempt from disclosure under ORS 192.410 to 192.505:

(1) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure.

(2) Information of a personal nature such as but not limited to that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.

(3)[(a)] Public body employee or volunteer addresses, dates of birth and telephone numbers contained in personnel records maintained by the public body that is the employer or the recipient of volunteer services. This exemption [does not apply]:

[(A)] (a) Does not apply to such employees or volunteers if they are elected officials, except that a judge or district attorney subject to election may seek to exempt the judge's or district attorney's address or telephone number, or both, under the terms of ORS 192.445;

[(B)] (b) Does not apply to such employees or volunteers to the extent that the party seeking disclosure shows by clear and convincing evidence that the public interest requires disclosure in a particular instance; [or]

[(C)] (c) Does not apply to a substitute teacher as defined in ORS 342.815 when requested by a professional education association of which the substitute teacher may be a member[.]; and

[(b)] (d) [Nothing in this subsection exempting employee records from disclosure relieves] Does not relieve a public employer of any duty under ORS 243.650 to 243.782.

(4) Information submitted to a public body in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, the public body has obliged itself in good faith not to disclose the information, and when the public interest would suffer by the disclosure.

(5) Information or records of the Department of Corrections, including the State Board of Parole and Post-Prison Supervision, to the extent that disclosure thereof would interfere with the rehabilitation of a person in custody of the department or substantially prejudice or prevent the carrying out of the functions of the department, if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(6) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services in the administration of ORS chapters 723 and 725 not otherwise required by law to be made public, to the extent that the interests of lending institutions, their officers, employees and customers in preserving the confidentiality of such information outweighs the public interest in disclosure.

(7) Reports made to or filed with the court under ORS 137.077 or 137.530.

(8) Any public records or information the disclosure of which is prohibited by federal law or regulations.

(9) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law.

(10) Public records or information described in this section, furnished by the public body originally compiling, preparing or receiving them to any other public officer or public body in connection with performance of the duties of the recipient, if the considerations originally giving rise to the confidential or exempt nature of the public records or information remain applicable.

(11) Records of the Energy Facility Siting Council concerning the review or approval of security programs pursuant to ORS 469.530.

(12) Employee and retiree address, telephone number and other nonfinancial membership records and employee financial records maintained by the Public Employees Retirement System pursuant to ORS chapter 238 and ORS 238.410.

(13) Records submitted by private persons or businesses to the State Treasurer or the Oregon Investment Council relating to proposed acquisition, exchange or liquidation of public investments under ORS chapter 293 may be treated as exempt from disclosure when and only to the extent that disclosure of such records reasonably may be expected to substantially limit the ability of the Oregon Investment Council to effectively compete or negotiate for, solicit or conclude such transactions. Records which relate to concluded transactions are not subject to this exemption.

(14) The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the Public Employees Retirement Fund and the Industrial Accident Fund may be uniformly treated as exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.

(15) Reports of unclaimed property filed by the holders of such property to the extent permitted by ORS 98.352.

(16) The following records, communications and information submitted to the Oregon Economic and Community Development Commission, the Economic and Community Development Department, the State Department of Agriculture, the Oregon Growth Account Board, the Port of Portland or other ports, as defined in ORS 777.005, by applicants for investment funds, loans or services including, but not limited to, those described in ORS 285A.224:

(a) Personal financial statements.

(b) Financial statements of applicants.

(c) Customer lists.

(d) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.

(e) Production, sales and cost data.

(f) Marketing strategy information that relates to applicant's plan to address specific markets and applicant's strategy regarding specific competitors.

(17) Records, reports or returns submitted by private concerns or enterprises required by law to be submitted to or inspected by a governmental body to allow it to determine the amount of any transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceedings. The public body shall notify the taxpayer of the delinquency immediately by certified mail. However, in the event that the payment or delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the public body shall disclose, upon the request of any person, the following information:

(a) The identity of the individual concern or enterprise that is delinquent over 60 days in the payment or delivery of the taxes.

(b) The period for which the taxes are delinquent.

(c) The actual, or estimated, amount of the delinquency.

(18) All information supplied by a person under ORS 151.485 for the purpose of requesting appointed counsel, and all information supplied to the court from whatever source for the purpose of verifying the financial eligibility of a person pursuant to ORS 151.485.

(19) Workers' compensation claim records of the Department of Consumer and Business Services, except in accordance with rules adopted by the Director of the Department of Consumer and Business Services, in any of the following circumstances:

(a) When necessary for insurers, self-insured employers and third party claim administrators to process workers' compensation claims.

(b) When necessary for the director, other governmental agencies of this state or the United States to carry out their duties, functions or powers.

(c) When the disclosure is made in such a manner that the disclosed information cannot be used to identify any worker who is the subject of a claim.

(d) When a worker or the worker's representative requests review of the worker's claim record.

(20) Sensitive business records or financial or commercial information of the Oregon Health and Science University that is not customarily provided to business competitors.

(21) Records of Oregon Health and Science University regarding candidates for the position of president of the university.

(22) The records of a library, including circulation records, showing use of specific library material by a named person or consisting of the name of a library patron together with the address or telephone number, or both, of the patron.

(23) The following records, communications and information submitted to the Housing and Community Services Department by applicants for and recipients of loans, grants and tax credits:

(a) Personal and corporate financial statements and information, including tax returns.

(b) Credit reports.

(c) Project appraisals.

(d) Market studies and analyses.

(e) Articles of incorporation, partnership agreements and operating agreements.

(f) Commitment letters.

(g) Project pro forma statements.

(h) Project cost certifications and cost data.

(i) Audits.

(j) Project tenant correspondence requested to be confidential.

(k) Tenant files relating to certification.

(L) Housing assistance payment requests.

(24) Raster geographic information system (GIS) digital databases, provided by private forestland owners or their representatives, voluntarily and in confidence to the State Forestry Department, that is not otherwise required by law to be submitted.

(25) Sensitive business, commercial or financial information furnished to or developed by a public body engaged in the business of providing electricity or electricity services, if the information is directly related to a transaction described in ORS 261.348, or if the information is directly related to a bid, proposal or negotiations for the sale or purchase of electricity or electricity services, and disclosure of the information would cause a competitive disadvantage for the public body or its retail electricity customers. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules.

(26) Sensitive business, commercial or financial information furnished to or developed by the City of Klamath Falls, acting solely in connection with the ownership and operation of the Klamath Cogeneration Project, if the information is directly related to a transaction described in ORS 225.085 and disclosure of the information would cause a competitive disadvantage for the Klamath Cogeneration Project. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules.

(27) Personally identifiable information about customers of a municipal electric utility or a people's utility district. The utility or district may, however, release such information to a third party if the customer consents in writing or electronically, if the disclosure is necessary to render utility or district services to the customer, or if the disclosure is required pursuant to a court order. The utility or district may charge as appropriate for the costs of providing such information. The utility or district may make customer records available to third party credit agencies on a regular basis in connection with the establishment and management of customer accounts or in the event such accounts are delinquent.

(28) A record of the street and number of an employee's address submitted to a special district to obtain assistance in promoting an alternative to single occupant motor vehicle transportation.

(29) Sensitive business records, capital development plans or financial or commercial information of Oregon Corrections Enterprises that is not customarily provided to business competitors.

(30) Documents, materials or other information submitted to the Director of the Department of Consumer and Business Services in confidence by a state, federal, foreign or international regulatory or law enforcement agency or by the National Association of Insurance Commissioners, its affiliates or subsidiaries under ORS 646.380 to 646.396, 697.005 to 697.095, 697.602 to 697.842, 705.137, 717.200 to 717.320, 717.900 or 717.905, ORS chapter 59, 722, 723, 725 or 726, the Bank Act or the Insurance Code when:

(a) The document, material or other information is received upon notice or with an understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or other information; and

(b) The director has obligated the Department of Consumer and Business Services not to disclose the document, material or other information.

(31) A county elections security plan developed and filed under ORS 254.074.

NOTE: Recasts (3) to eliminate read-in error.

SECTION 92. ORS 192.515 is amended to read:

192.515. As used in ORS 179.505, 192.515 and 192.517:

(1) “Facilities” includes, but is not limited to, hospitals, nursing homes, facilities defined in ORS 430.205, board and care homes, homeless shelters, juvenile training schools, youth care centers, juvenile detention centers, jails and prisons.

(2) “Individual” means:

(a) A person with a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001); or

(b) An individual with mental illness as defined in the Protection and Advocacy for Mentally Ill Individuals [with Mental Illness] Act (42 U.S.C. 10802).

(3) “Other legal representative” means a person, other than a legal guardian, who has been granted or retains legal authority to exercise an individual's power to permit access to the individual's records.

(4) “Records” includes, but is not limited to, reports prepared or received by any staff of a facility rendering care or treatment, any medical examiner's report, autopsy report or laboratory test report ordered by a medical examiner, reports prepared by an agency or staff person charged with investigating reports of incidents of abuse, neglect, injury or death occurring at the facility that describe such incidents and the steps taken to investigate the incidents and discharge planning records or any information to which the individual would be entitled access, if capable.

NOTE: Corrects name of federal Act in (2)(b).

SECTION 93. ORS 192.517 is amended to read:

192.517. (1) The system designated to protect and advocate the rights of individuals with developmental disabilities under [part C of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.)] 42 U.S.C.A. 15041 et seq. and the rights of individuals with mental illness under [the Protection and Advocacy for Individuals with Mental Illness Act (] 42 U.S.C. 10801 et seq.[)] shall have access to all records of:

(a) Any individual who is a client of the system if the individual or the legal guardian or other legal representative of the individual has authorized the system to have such access;

(b) Any individual, including an individual who has died or whose whereabouts are unknown:

(A) If the individual by reason of the individual's mental or physical condition or age is unable to authorize such access;

(B) If the individual does not have a legal guardian or other legal representative, or the state is the legal guardian of the individual; and

(C) If a complaint regarding the rights or safety of the individual has been received by the system or if, as a result of monitoring or other activities which result from a complaint or other evidence, there is probable cause to believe that the individual has been subject to abuse or neglect; and

(c) Any individual who has a legal guardian or other legal representative, who is the subject of a complaint of abuse or neglect received by the system, or whose health and safety is believed with probable cause to be in serious and immediate jeopardy if the legal guardian or other legal representative:

(A) Has been contacted by the system upon receipt of the name and address of the legal guardian or other legal representative;

(B) Has been offered assistance by the system to resolve the situation; and

(C) Has failed or refused to act on behalf of the individual.

(2) The system shall have access to the name, address and telephone number of any legal guardian or other legal representative of an individual.

(3) The system that obtains access to records under this section shall maintain the confidentiality of the records to the same extent as is required of the provider of the services, except as provided under the Protection and Advocacy for Mentally Ill Individuals [with Mental Illness] Act (42 U.S.C. 10806).

(4) The system shall have reasonable access to facilities, including the residents and staff of the facilities.

(5) This section is not intended to limit or overrule the provisions of ORS 41.675 or 441.055 (9).

NOTE: Streamlines and corrects federal citations in (1); corrects name of federal Act in (3).

SECTION 94. ORS 192.580 is amended to read:

192.580. (1) A financial institution shall have a reasonable period of time in which to comply with any proper customer authorization, summons, subpoena or search warrant permitting or seeking disclosure of financial records. For the purposes of this section, a “reasonable period of time” shall in no case be less than 10 days from the date upon which the financial institution receives or is served with a customer authorization, summons, subpoena or search warrant. However, in all cases in which disclosure is sought pursuant to ORS 192.565, the reasonable period of time shall be not less than 20 days.

(2) Before making disclosures, a financial institution may require that the requesting state or local agency reimburse the financial institution for the reasonable costs incurred by the financial institution in the course of compliance. These costs include, but are not limited to, personnel costs, reproduction costs and travel expenses. The following charges shall be considered reasonable costs:

(a) Personnel costs, $30 per hour per person, computed on the basis of $7.50 per quarter hour or fraction thereof, for time expended by personnel of the financial institution in searching, locating, retrieving, copying and transporting or conveying the requested material to the place of examination.

(b) Reproduction costs, $1 per page, including copies produced by reader and printer reproduction processes. Photographs, films and other materials shall be reimbursed at actual costs.

(c) Travel expenses, 50 cents per mile, plus other actual costs, necessary to transport personnel to locate and retrieve the information required or requested and to convey the required or requested material to the place of examination.

(3) The provisions of subsection (2) of this section [may] do not apply in the case of records subpoenaed by a prosecuting attorney as evidence of the crimes of negotiating a bad check under ORS 165.065, forgery under ORS 165.007 and 165.013, theft by deception by means of a bad check under ORS 164.085, fraudulent use of a credit card under ORS 165.055, identity theft under ORS 165.800 or racketeering activity under ORS 166.720 or of an offense listed in ORS 137.700.

NOTE: Corrects prohibitive word choice in (3).

SECTION 95. ORS 192.630 is amended to read:

192.630. (1) All meetings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by ORS 192.610 to 192.690.

(2) No quorum of a governing body shall meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as otherwise provided by ORS 192.610 to 192.690.

(3) A governing body shall not hold a meeting at any place where discrimination on the basis of race, creed, color, sex, age, national origin or disability is practiced. However, the fact that organizations with restricted membership hold meetings at the place shall not restrict its use by a public body if use of the place by a restricted membership organization is not the primary purpose of the place or its predominate use.

(4) Meetings of the governing body of a public body shall be held within the geographic boundaries over which the public body has jurisdiction, or at the administrative headquarters of the public body or at the other nearest practical location. Training sessions may be held outside the jurisdiction so long as no deliberations toward a decision are involved. A joint meeting of two or more governing bodies or of one or more governing bodies and the elected officials of one or more federally recognized Oregon Indian tribes shall be held within the geographic boundaries over which one of the participating public bodies or one of the Oregon Indian tribes has jurisdiction or at the nearest practical location. Meetings may be held in locations other than those described in this subsection in the event of an actual emergency necessitating immediate action. [This subsection does not apply to the Oregon State Bar until December 31, 1980.]

(5)(a) It shall be considered discrimination on the basis of disability for a governing body of a public body to meet in a place inaccessible to the disabled, or, upon request of a hearing impaired person, to fail to make a good faith effort to have an interpreter for hearing impaired persons provided at a regularly scheduled meeting. The sole remedy for discrimination on the basis of disability shall be as provided in ORS 192.680.

(b) The person requesting the interpreter shall give the governing body at least 48 hours' notice of the request for an interpreter, shall provide the name of the requester, sign language preference and any other relevant information the governing body may request.

(c) If a meeting is held upon less than 48 hours' notice, reasonable effort shall be made to have an interpreter present, but the requirement for an interpreter does not apply to emergency meetings.

(d) If certification of interpreters occurs under state or federal law, the Oregon Disabilities Commission or other state or local agency shall try to refer only certified interpreters to governing bodies for purposes of this subsection.

(e) As used in this subsection, “good faith effort” includes, but is not limited to, contacting the Oregon Disabilities Commission or other state or local agency that maintains a list of qualified interpreters and arranging for the referral of one or more such persons to provide interpreter services.

NOTE: Deletes obsolete provision in (4).

SECTION 96. ORS 196.810 is amended to read:

196.810. (1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.905, no person or governmental body may remove any material from the beds or banks or fill any waters of this state without a permit issued under authority of the Director of the Division of State Lands, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetlands conservation plan.

(b) Notwithstanding the permit requirements of this section and notwithstanding the provisions of ORS 196.800 (5) and (12), if any removal or fill activity is proposed in essential indigenous anadromous salmonid habitat, except for those activities customarily associated with agriculture, a permit is required. “Essential indigenous anadromous salmonid habitat” as defined under this section shall be further defined and designated by rule by the Division of State Lands in consultation with the State Department of Fish and Wildlife and in consultation with other affected parties.

(c) No person may be required to obtain a permit under paragraph (b) of this subsection for prospecting or other nonmotorized activities resulting in the removal from or fill of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material within a designated essential indigenous anadromous salmonid habitat segment in a single year. Prospecting or other nonmotorized activities may be conducted only within the bed or wet perimeter of the waterway and may not occur at any site where fish eggs are present. Removal or filling activities customarily associated with mining [requires] require a permit under paragraph (b) of this subsection.

(d) No permit may be required under paragraph (b) of this subsection for construction or maintenance of fish passage and fish screening structures that are constructed, operated or maintained under ORS 498.311, 498.316, 498.326 or 509.600 to 509.645.

(e) Nothing in this section limits or otherwise changes the exemptions under ORS 196.905.

(f) As used in paragraphs (b) and (c) of this subsection:

(A) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(B) “Essential indigenous anadromous salmonid habitat” means the habitat that is necessary to prevent the depletion of indigenous anadromous salmonid species during their life history stages of spawning and rearing.

(C) “Indigenous anadromous salmonid” means chum, sockeye, Chinook and Coho salmon, and steelhead and cutthroat trout, that are members of the family Salmonidae and are listed as sensitive, threatened or endangered by a state or federal authority.

(D) “Prospecting” means searching or exploring for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(E) “Wet perimeter” means the area of the stream that is under water or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.

(2) No governmental body may issue a lease or permit contrary or in opposition to the conditions set out in the permit issued under ORS 196.600 to 196.905.

(3) Subsection (1) of this section does not apply to removal of material under a contract, permit or lease with any governmental body entered into before September 13, 1967. However, no such contract, permit or lease may be renewed or extended on or after September 13, 1967, unless the person removing the material has obtained a permit under ORS 196.600 to 196.905.

(4) Notwithstanding subsection (1) of this section, the Division of State Lands may issue, orally or in writing, an emergency authorization for the removal of material from the beds or banks or filling of any waters of this state in an emergency, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to persons or property. The emergency authorization issued under this subsection:

(a) Shall contain conditions of operation that the division determines are necessary to minimize impacts to water resources or adjoining properties.

(b) Shall be based, whenever practicable, on the recommendations contained in an on-site evaluation by an employee or representative of the division.

(c) If issued orally, shall be confirmed in writing by the division within five days.

NOTE: Corrects grammar in (1)(c).

SECTION 97. ORS 196.810, as amended by section 2, chapter 516, Oregon Laws 2001, is amended to read:

196.810. (1)(a) Except as otherwise specifically permitted under ORS 196.600 to 196.905, a person or governmental body may not remove any material from the beds or banks or fill any waters of this state without a permit issued under authority of the Director of the Division of State Lands, or in a manner contrary to the conditions set out in the permit, or in a manner contrary to the conditions set out in an order approving a wetlands conservation plan.

(b) A permit is not required under paragraph (a) of this subsection for prospecting or other nonmotorized activities resulting in the removal from or fill of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material within a particular stream segment in a single year. Prospecting [shall] or other nonmotorized activities may be conducted only within the bed or wet perimeter of the waterway and [shall] may not occur at any site where fish eggs are present. Removal or filling activities customarily associated with mining [shall require] require a permit under paragraph (a) of this subsection.

(c) A permit is not required under paragraph (a) of this subsection for construction or maintenance of fish passage and fish screening structures associated with irrigation ditches or the maintenance of drainage ditches that are constructed, operated or maintained under ORS 498.311, 498.316, 498.326 or 509.600 to 509.645.

(d) Nothing in this section [shall limit] limits or otherwise [change] changes the exemptions under ORS 196.905.

[(e) As used in this section:]

[(A) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.]

[(B) “Prospecting” means searching or exploring for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.]

[(C) “Wet perimeter” means the area of the stream that is under water or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.]

(2) A governmental body may not issue a lease or permit contrary or in opposition to the conditions set out in the permit issued under ORS 196.600 to 196.905.

(3) Subsection (1) of this section does not apply to removal of material under a contract, permit or lease with any governmental body entered into before September 13, 1967. However, a contract, permit or lease may not be renewed or extended on or after September 13, 1967, unless the person removing the material has obtained a permit under ORS 196.600 to 196.905.

(4) Notwithstanding subsection (1) of this section, the Division of State Lands may issue, orally or in writing, an emergency authorization for the removal of material from the beds or banks or filling of any waters of this state in an emergency, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to persons or property. The emergency authorization issued under this subsection:

(a) Shall contain conditions of operation that the division determines are necessary to minimize impacts to water resources or adjoining properties.

(b) Shall be based, whenever practicable, on the recommendations contained in an on-site evaluation by an employee or representative of the division.

(c) If issued orally, shall be confirmed in writing by the division within five days.

(5) As used in this section:

(a) “Bed” means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(b) “Prospecting” means searching or exploring for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(c) “Wet perimeter” means the area of the stream that is under water or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.

NOTE: Reconciles dual versions of statute in (1)(b); conforms syntax to legislative style in (1)(b) and (d); relocates definitions.

SECTION 98. ORS 198.705 is amended to read:

198.705. As used in ORS 198.705 to 198.955, unless the context requires otherwise:

(1) “Affected county” means each county which contains or would contain any territory for which a formation or a change of organization is proposed or ordered or which contains all or any part of a district for which a change of organization is proposed or ordered.

(2) “Affected district” means each district which contains or would contain territory for which a formation or a change of organization is proposed or ordered.

(3) “Annexation” includes the attachment or addition of territory to, or inclusion of territory in, an existing district.

[(4) “District board” means the governing board of a district.]

[(5)] (4) “Change of organization” means the annexation or withdrawal of territory to or from a district, the merger or consolidation of districts or the dissolution of a district.

[(6)] (5) “Consolidation” means the uniting or joining of two or more districts into a single new successor district.

[(7)] (6) “County board” means the county court or board of county commissioners of the principal county.

[(8)] (7) “Dissolution” includes disincorporation, extinguishment or termination of the existence of a district and the cessation of all its corporate powers, except for the purpose of winding up the affairs of the district.

(8) “District board” means the governing board of a district.

(9) “Formation” includes incorporation, organization or creation of a district.

(10) “Inhabited territory” means territory within which there reside 12 or more persons who have been registered to vote within the territory for at least 30 days prior to the date a proceeding is commenced under ORS 198.705 to 198.955.

(11) “Landowner” or “owner of land” means any person shown as the owner of land on the last assessment roll[;].However, [where such] if the person no longer holds the title to the property, then the terms mean any person entitled to be shown as owner of land on the next assessment roll[;], or, [where] when land is subject to a written agreement of sale, the terms mean any person shown in the agreement as purchaser to the exclusion of the seller[; and the terms include]. “Landowner” or “owner of land” includes any public agency owning land.

(12) “Legal representative” means:

(a) An officer of a corporation duly authorized, by the bylaws or a resolution of the board of directors of the corporation, to sign for and on behalf of the corporation; and

(b) A guardian, executor, administrator or other person holding property in a trust capacity under appointment of court, when authorized by an order of court, which order may be made without notice.

(13) “Merger” means the extinguishment, termination and cessation of the existence of one or more districts by uniting with and being absorbed into another district.

(14) “Notice” includes an ordinance, resolution, order or other similar matter providing notice which ORS 198.705 to 198.955 authorize or require to be published, posted or mailed.

(15) “Principal Act” means the statutes which describe the powers of a district, including the statutes under which a district is proposed or is operating.

(16) “Principal county” or “county” means the county in which the district, or the greater portion of the assessed value of all taxable property in the district, as shown by the most recent assessment roll of the counties, is located at the time proceedings are initiated to form a district[;], but for any district formed prior to and existing on September 9, 1971, “principal county” or “county” means the county in which the district, or the greater portion of the value of all taxable property in the district, as shown by the most recent assessment roll of the counties, was located on September 9, 1971.

(17) “Proceeding” means a proceeding for formation or for change of organization conducted pursuant to ORS 198.705 to 198.955.

(18) “Uninhabited territory” means territory within which there reside less than 12 electors who were residents within the territory 30 days prior to the date a proceeding is commenced under ORS 198.705 to 198.955.

(19) “Withdrawal” includes the detachment, disconnection or exclusion of territory from an existing district.

NOTE: Alphabetizes definitions; conforms syntax and punctuation to legislative style in (11) and (16).

SECTION 99. ORS 199.432 is amended to read:

199.432. (1) A boundary commission created under ORS 199.425 or 199.430 may sue and be sued, enter into contracts and perform such other actions as may be necessary to carry out the provisions of ORS 199.410 to 199.534.

(2) A boundary commission is a state agency as defined in ORS 291.002 (7) and is not subject to the provisions of ORS 291.201 to 291.226, 291.232 to 291.260, [and] 291.371, 291.373, 291.375 or[to] 291.385.

(3) A boundary commission employing personnel under ORS 199.455 shall provide employee benefits provided to state management service employees.

NOTE: Deconstructs invalid series reference in (2).

SECTION 100. ORS 215.251 is amended to read:

215.251. Nothing in [the amendments to ORS 215.213 and 215.283 by sections 1 to 3, chapter 488, Oregon Laws 2001, and] ORS 215.213 (1)(bb), 215.246 to 215.249 or 215.283 (1)(y) affects whether the land application of a substance not described in [the amendments to ORS 215.213 and 215.283 by sections 1 to 3, chapter 488, Oregon Laws 2001, and] ORS 215.213 (1)(bb), 215.246 to 215.249 or 215.283 (1)(y) is a farm use as defined in ORS 215.203.

NOTE: Eliminates session law references in favor of direct ORS references.

SECTION 101. ORS 221.110 is amended to read:

221.110. The officers of a city created under ORS 221.010 to 221.100 shall be five [councilmen] councillors, a municipal judge and such other officers as the council deems necessary. Any resident of a city shall be eligible to hold an office of the city.

NOTE: Deletes gender-specific term.

SECTION 102. ORS 221.120 is amended to read:

221.120. Concerning the council of a city created under ORS 221.010 to 221.100:

(1) Three [councilmen] councillors shall be elected biennially.

(2) At an election for electing [councilmen] councillors, the candidates who receive the three highest numbers of votes shall be deemed elected, and of these three the ones receiving the two highest numbers of votes shall hold office for four years and the remaining one shall hold office for two years.

(3) A [councilman's] councillor's term of office shall begin at the first council meeting in the year immediately ensuing the year of the election of the [councilman] councillor.

(4) The council shall fill by appointment vacancies in its membership.

(5) The term of office of an appointee to an office of [councilman] councillor shall be the remainder of the term of office of the immediate predecessor of the appointee in the office.

(6) The powers of the city shall be vested in the council.

(7) A majority of the members of the council shall constitute a quorum for action by the council.

(8) No action by the council shall have legal effect unless concurred in by a majority of the council.

(9) The council shall meet publicly at least once each month.

NOTE: Deletes gender-specific terms in (1) to (3) and (5); corrects punctuation in (2).

SECTION 103. ORS 221.130 is amended to read:

221.130. Concerning the mayor of a city created under ORS 221.010 to 221.100:

(1) Only [councilmen] councillors shall be eligible to serve as mayor.

(2) The council shall appoint a mayor at its first meeting of each odd-numbered year.

(3) The mayor's term of office shall be two years.

(4) The mayor shall be presiding officer of the council and shall authenticate with the signature of the mayor all ordinances which the council passes.

NOTE: Deletes gender-specific term in (1).

SECTION 104. ORS 221.901 is amended to read:

221.901. (1) The officers of every municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be a mayor, six [aldermen] alderpersons, a recorder, who shall be ex officio clerk of the common council, a marshal, a treasurer and such subordinate officers as are provided in ORS 221.902.

(2) Unless the context indicates otherwise, “city” as used in ORS 221.901 to 221.928 includes any area or territory incorporated under sections 1 to 6, pages 119 to 123, Oregon Laws 1893.

NOTE: Deletes gender-specific term in (1).

SECTION 105. ORS 221.902 is amended to read:

221.902. (1) The mayor, [aldermen] alderpersons, recorder, treasurer, and marshal of a municipal corporation organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893, shall be elected to two-year terms by the electors of the city. Each term of office commences on the first Monday in January next following the general election and expires on the day immediately preceding the first Monday in January next following the subsequent general election.

(2) The council may appoint an attorney, a superintendent of streets, a civil engineer, a municipal judge and police and other subordinate officers, and fix their compensation. These officers shall hold office during the pleasure of the council.

NOTE: Deletes gender-specific term in (1).

SECTION 106. ORS 221.905 is amended to read:

221.905. The mayor and [aldermen] alderpersons mentioned in ORS 221.902 shall receive no compensation whatever for their services as such officers. The recorder, treasurer, marshal, police and other subordinate officers shall severally receive at stated times compensation to be fixed by ordinance by the council, which compensation shall not be increased nor diminished after their election, or during their several terms of office. Nothing contained in this section shall be construed to prevent the council from fixing several amounts of compensation, in the first instance, during the term of office of any such officer after the election of the officer. The compensation of all other officers shall be fixed from time to time by ordinance, duly passed by the council.

NOTE: Deletes gender-specific term.

SECTION 107. ORS 221.908 is amended to read:

221.908. The council shall meet the second Tuesday in January succeeding each general municipal election and take the oath of office. [It] The council shall hold regular meetings at least once in each month at such times as [they] the council shall fix by ordinance. Special meetings may be called at any time by the mayor or by three [councilmen] councillors, by written notice delivered to each member then present within the city at least three hours before the time specified for the proposed meeting, which notice shall specify the object and purpose of such special meeting. No other business shall be transacted at any special meeting than that named in said notice and appurtenant thereto. All meetings of the council shall be public and held within the corporate limits of the city at such place as may be designated by ordinance.

NOTE: Eliminates inconsistent pronouns; deletes gender-specific term.

SECTION 108. ORS 221.909 is amended to read:

221.909. At any meeting of the council a majority of the [councilmen] councillors shall constitute a quorum for the transaction of business. A less number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The mayor shall preside at all meetings of the council when present, and in case of the absence of the mayor the council may appoint a mayor pro tempore. In case of the absence of the recorder, the mayor or presiding officer pro tempore shall appoint one of the members of the council recorder pro tempore. The person appointed to act as presiding officer during the absence of the mayor shall not be required to take the oath of office, but the records of the council shall show who is appointed to serve pro tempore at any meeting.

NOTE: Deletes gender-specific term.

SECTION 109. ORS 221.911 is amended to read:

221.911. No ordinance or resolution granting any franchise for any purpose shall be passed by the council on the day of its introduction nor within five days thereafter, nor at any other than a regular meeting. No resolution or order for the payment of money shall be passed at any other time than at a regular meeting. No such ordinance, resolution or order shall have any validity, unless passed by the votes of at least three [councilmen] councillors. In case all the [councilmen] councillors are present and equally divided upon any question, the mayor shall have the deciding vote.

NOTE: Deletes gender-specific terms.

SECTION 110. ORS 221.916 is amended to read:

221.916. The mayor and [aldermen] alderpersons shall compose the common council of any city organized under sections 1 to 6, pages 119 to 123, Oregon Laws 1893. At any regular council meeting, it may:

(1) Provide for lighting the streets and furnishing such city and its inhabitants with gas or other lights, and with pure and wholesome water. For such purpose it may construct such water, gas or other works, within or without the city limits, as may be necessary or convenient therefor. It may allow the use of the city streets and alleys to any person, company or corporation who may desire to establish works for supplying the city and inhabitants thereof with such water or lights upon such reasonable terms and conditions as the council may prescribe.

(2) Permit, allow and regulate the laying down of tracks for streetcars and other railroads upon such streets as the council may designate, and upon such terms and conditions as the council may prescribe; and allow and regulate the erection and maintenance of poles, or poles and wires, for telegraph, telephone, electric light or other purposes, upon or through the streets, alleys or public grounds of such city; permit and regulate the use of alleys, streets and public grounds of the city for the laying down or repairing gas and water mains, for building and repairing sewers, and the erection of gas or other lights.

(3) Preserve the streets, lights, side and crosswalks, bridges, and public grounds from injury, prevent the unlawful use of the same, and regulate their use.

(4) Fix the maximum rate of wharfage, rates for gas or other lights, for carrying passengers on street railways, and water rates. No city shall ever deprive itself of the right through its common council of regulating and adjusting any such rates, so that the same shall be reasonable for the service rendered, at least once in any period of two years.

(5) License, tax, regulate, restrain and prohibit barrooms and tippling houses, and all places where spirituous, vinous or malt liquors are sold, or in any manner disposed of contrary to law. No license shall be issued for a less sum than that provided by law.

(6) Prevent and suppress gaming and gambling houses, and all games of chance, including lotteries and poolselling; prevent and suppress bawdyhouses, and lewd, lascivious cohabitation, opium-smoking houses, and places occupied or kept therefor. Nothing contained in ORS 221.901 to 221.930 shall be so construed as to oust the state courts of jurisdiction to indict or punish persons for offenses against any law of the state committed within the limits of any such city.

(7) License, regulate and control any lawful business, trade, occupation, profession or calling, carried on or conducted within the corporate limits of any such city.

(8) Suppress and prohibit anything which is injurious to the public morals, public safety or the public health of the inhabitants of any such city, including the power to define, suppress and prohibit nuisances of every kind, including those arising out of the receipt, sale or disposal of intoxicating liquor in violation of law.

(9) Regulate, suppress and prohibit the running at large within the corporate limits of any and all domestic animals, including fowls, and provide for the impoundment and sale, after notice, of such animals.

(10) Exercise any and all police regulations concerning the public morals, public safety, public health and public convenience of the inhabitants of any such city.

(11) Provide for the surveying of blocks and streets of the city and for marking the boundary lines of such blocks and streets, and the establishing of grades of the streets, sidewalks and crosswalks.

(12) Prevent and punish trespass on real and personal property within the corporate limits of such city.

(13) Make bylaws and ordinances not inconsistent with the laws of the United States or of this state to carry into effect the provisions of ORS 221.901 to 221.928.

(14) Provide, in addition to such action as may be appropriate to carry into full effect the object to be achieved, for the punishment of persons violating any bylaws or ordinances by fine or imprisonment, or both, and the working of such persons on the city streets or at any other work. No fine shall exceed the sum of $50, nor shall any imprisonment exceed 20 days.

NOTE: Deletes gender-specific term in lead-in.

SECTION 111. ORS 221.919 is amended to read:

221.919. The marshal shall be chief of police and shall have control over all police officers when on duty. The marshal shall be a conservator of the peace, and shall arrest all persons guilty of a breach thereof, or of violations of the city ordinances, and take them before the recorder for trial. The marshal shall make and enforce the collection of all delinquent city taxes, as the collection of delinquent county taxes is enforced, and shall perform such other duties as may be required of the marshal by the common council. The marshal may suspend any police officer for negligence or violation of duty until the case may be examined and determined by the council. On complaint being made, charging the marshal with malfeasance or nonfeasance in office, the [aldermen] alderpersons, by a unanimous vote without the concurrence of the mayor, or by a majority vote with the concurrence of the mayor, may remove the marshal from office at any regular meeting, after giving the marshal an opportunity to be heard in the defense of the treasurer, provided they find the charge is true.

NOTE: Deletes gender-specific term.

SECTION 112. ORS 238.005 is amended to read:

238.005. For purposes of this chapter:

(1) “Annuity” means payments for life derived from contributions made by a member as provided in this chapter.

(2) “Board” means the Public Employees Retirement Board.

(3) “Calendar year” means 12 calendar months commencing on January 1 and ending on December 31 following.

(4) “Continuous service” means service not interrupted for more than five years, except that such continuous service shall be computed without regard to interruptions in the case of:

(a) An employee who had returned to the service of the employer as of January 1, 1945, and who remained in that employment until having established membership in the Public Employees Retirement System.

(b) An employee who was in the armed services on January 1, 1945, and returned to the service of the employer within one year of the date of being otherwise than dishonorably discharged and remained in that employment until having established membership in the Public Employees Retirement System.

(5) “Creditable service” means any period of time during which an active member is being paid a salary by a participating public employer and contributions are being made to the system either by or on behalf of the member. For purposes of computing years of “creditable service,” full months and major fractions of a month shall be considered to be one-twelfth of a year and shall be added to all full years. “Creditable service” includes all retirement credit received by a member.

(6) “Earliest service retirement age” means the age attained by a member when the member could first make application for retirement under the provisions of ORS 238.280.

(7) “Employee” includes, in addition to employees, public officers, but does not include:

(a) Persons engaged as independent contractors.

(b) Seasonal, emergency or casual workers whose periods of employment with any public employer or public employers do not total 600 hours in any calendar year.

(c) Persons, other than workers in the Oregon Industries for the Blind under ORS 346.190, provided sheltered employment or made-work by a public employer in an employment or industries program maintained for the benefit of such persons.

(d) Persons employed and paid from federal funds received under the Emergency Job and Unemployment Assistance Act of 1974 (Public Law 93-567) or any other federal program intended primarily to alleviate unemployment. However, any such person shall be considered an “employee” if not otherwise excluded by paragraphs (a) to (c) of this subsection and the public employer elects to have the person so considered by an irrevocable written notice to the board.

(e) Persons who are employees of a railroad, as defined in ORS 824.020, and who, as such employees, are included in a retirement plan under federal railroad retirement statutes. This paragraph shall be deemed to have been in effect since the inception of the system.

(8) “Final average salary” means whichever of the following is greater:

(a) The average salary per calendar year paid by one or more participating public employers to an employee who is an active member of the system in three of the calendar years of membership before the effective date of retirement of the employee, in which three years the employee was paid the highest salary. The three calendar years in which the employee was paid the largest total salary may include calendar years in which the employee was employed for less than a full calendar year. If the number of calendar years of active membership before the effective date of retirement of the employee is three or fewer, the final average salary for the employee is the average salary per calendar year paid by one or more participating public employers to the employee in all of those years, without regard to whether the employee was employed for the full calendar year.

(b) One-third of the total salary paid by a participating public employer to an employee who is an active member of the system in the last 36 calendar months of active membership before the effective date of retirement of the employee.

(9) “Firefighter” does not include a volunteer firefighter as defined in subsection (23) of this section, but does include:

(a) The State Fire Marshal, the chief deputy fire marshal and deputy state fire marshals; and

(b) An employee of the State Forestry Department who is certified by the State Forester as a professional wildland firefighter and whose primary duties include the abatement of uncontrolled fires as described in ORS 477.064.

(10) “Fiscal year” means 12 calendar months commencing on July 1 and ending on June 30 following.

(11) “Fund” means the Public Employees Retirement Fund.

(12)(a) “Member” means a person who has established membership in the system and whose membership has not been terminated as described in ORS 238.095. “Member” includes active, inactive and retired members.

(b) “Active member” means a member who is presently employed by a participating public employer in a position that meets the requirements of ORS 238.015 (4), and who has completed the six-month period of service required by ORS 238.015.

(c) “Inactive member” means a member who is absent from the service of all employers participating in the system, whose membership has not been terminated in the manner described by ORS 238.095, and who is not retired for service or disability. “Inactive member” includes a member who would be an active member except that the person's only employment with a participating public employer is in a position that does not meet the requirements of ORS 238.015 (4).

(d) “Retired member” means a member who is retired for service or disability.

(13)(a) “Member account” means the regular account and the variable account.

(b) “Regular account” means the account established for each active and inactive member under ORS 238.250.

(c) “Variable account” means the account established for a member who participates in the Variable Annuity Account under ORS 238.260.

(14) “Normal retirement age” means:

(a) For a person who establishes membership in the system before January 1, 1996, as described in ORS 238.430, 55 years of age if the employee retires at that age as a police officer or firefighter or 58 years of age if the employee retires at that age as other than a police officer or firefighter.

(b) For a person who establishes membership in the system on or after January 1, 1996, as described in ORS 238.430, 55 years of age if the employee retires at that age as a police officer or firefighter or 60 years of age if the employee retires at that age as other than a police officer or firefighter.

(15) “Pension” means annual payments for life derived from contributions by one or more public employers.

(16) “Police officer” includes:

(a) Employees of institutions defined in ORS 421.005 as Department of Corrections institutions whose duties, as assigned by the Director of the Department of Corrections, include the custody of persons committed to the custody of or transferred to the Department of Corrections and employees of the Department of Corrections who were classified as police officers on or before July 27, 1989, whether or not such classification was authorized by law.

(b) Employees of the Department of State Police who are classified as police officers by the Superintendent of State Police.

(c) Employees of the Oregon Liquor Control Commission who are classified as enforcement officers by the administrator of the commission.

(d) Sheriffs and those deputy sheriffs or other employees of a sheriff whose duties, as classified by the sheriff, are the regular duties of police officers or corrections officers.

(e) Police chiefs and police personnel of a city who are classified as police officers by the council or other governing body of the city.

(f) Parole and probation officers employed by the Department of Corrections, parole and probation officers who are transferred to county employment under ORS 423.549 and adult parole and probation officers, as defined in ORS 181.610, who are classified as police officers for the purposes of this chapter by the county governing body. If a county classifies adult parole and probation officers as police officers for the purposes of this chapter, and the employees so classified are represented by a labor organization, any proposal by the county to change that classification or to cease to classify adult parole and probation officers as police officers for the purposes of this chapter is a mandatory subject of bargaining.

(g) Police officers appointed under ORS 276.021 or 276.023.

(h) Employees of the Port of Portland who are classified as airport police by the Board of Commissioners of the Port of Portland.

(i) Employees of the State Department of Agriculture who are classified as livestock police officers by the Director of Agriculture.

(j) Employees of the Department of Public Safety Standards and Training who are classified by the department as other than secretarial or clerical personnel.

(k) Investigators of the Criminal Justice Division of the Department of Justice.

(L) Corrections officers as defined in ORS 181.610.

(m) Employees of the Oregon State Lottery Commission who are classified by the Director of the Oregon State Lottery as enforcement agents pursuant to ORS 461.110.

(n) The Director of the Department of Corrections.

(o) An employee who for seven consecutive years has been classified as a police officer as defined by this section, and who is employed or transferred by the Department of Corrections to fill a position designated by the Director of the Department of Corrections as being eligible for police officer status.

(p) An employee of the Department of Corrections classified as a police officer on or prior to July 27, 1989, whether or not that classification was authorized by law, as long as the employee remains in the position held on July 27, 1989. The initial classification of an employee under a system implemented pursuant to ORS 240.190 does not affect police officer status.

(q) Employees of a school district who are appointed and duly sworn members of a law enforcement agency of the district as provided in ORS 332.531 or otherwise employed full-time as police officers commissioned by the district.

(r) Employees at [the MacLaren School, Hillcrest School of Oregon and other] youth correction facilities and juvenile detention facilities under ORS 419A.050, 419A.052 and 420.005 to 420.915[,] who are required to hold valid Oregon teaching licenses and who have supervisory, control or teaching responsibilities over juveniles committed to the custody of the Department of Corrections or the Oregon Youth Authority.

(s) Employees at youth correction facilities as defined in ORS 420.005 whose primary job description involves the custody, control, treatment, investigation or supervision of juveniles placed in such facilities.

(t) Employees of the Oregon Youth Authority who are classified as juvenile parole and probation officers.

(17) “Public employer” means the state, one of its agencies, any city, county, or municipal or public corporation, any political subdivision of the state or any instrumentality thereof, or an agency created by one or more such governmental organizations to provide governmental services. For purposes of this chapter, such agency created by one or more governmental organizations is a governmental instrumentality and a legal entity with power to enter into contracts, hold property and sue and be sued.

(18) “Prior service credit” means credit provided under ORS 238.442 or under ORS 238.225 (2) to (6) (1999 Edition).

(19) “Retirement credit” means a period of time that is treated as creditable service for the purposes of this chapter.

(20)(a) “Salary” means the remuneration paid an employee in cash out of the funds of a public employer in return for services to the employer, plus the monetary value, as determined by the Public Employees Retirement Board, of whatever living quarters, board, lodging, fuel, laundry and other advantages the employer furnishes the employee in return for services.

(b) “Salary” includes but is not limited to:

(A) Payments of employee and employer money into a deferred compensation plan, which are deemed salary paid in each month of deferral;

(B) The amount of participation in a tax-sheltered or deferred annuity, which is deemed salary paid in each month of participation; and

(C) Retroactive payments made to an employee to correct a clerical error or pursuant to an award by a court or by order of or a conciliation agreement with an administration agency charged with enforcing federal or state law protecting the employee's rights to employment or wages, which shall be allocated to and deemed paid in the periods in which the work was done or in which it would have been done.

(c) “Salary” or “other advantages” does not include:

(A) Travel or any other expenses incidental to employer's business which is reimbursed by the employer;

(B) Payments for insurance coverage by an employer on behalf of employee or employee and dependents, for which the employee has no cash option;

(C) Payments made on account of an employee's death;

(D) Any lump sum payment for accumulated unused sick leave;

(E) Any accelerated payment of an employment contract for a future period or an advance against future wages;

(F) Any retirement incentive, retirement severance pay, retirement bonus or retirement gratuitous payment;

(G) Payments for periods of leave of absence after the date the employer and employee have agreed that no future services qualifying pursuant to ORS 238.015 (3) will be performed, except for sick leave and vacation;

(H) Payments for instructional services rendered to institutions of the Department of Higher Education or the Oregon Health and Science University when such services are in excess of full-time employment subject to this chapter. A person employed under a contract for less than 12 months is subject to this subparagraph only for the months to which the contract pertains; or

(I) Payments made by an employer for insurance coverage provided to a domestic partner of an employee.

(21) “School year” means the period beginning July 1 and ending June 30 next following.

(22) “System” means the Public Employees Retirement System.

(23) “Volunteer firefighter” means a firefighter whose position normally requires less than 600 hours of service per year.

NOTE: Eliminates obsolete references and corrects punctuation in (16)(r).

SECTION 113. ORS 238.415 is amended to read:

238.415. (1)[(a)] As used in this section[, “eligible retired state employee” means]:

(a) “Board” means the Public Employees Retirement Board.

(b) “Eligible retired state employee” means:

(A) A retired member of the Public Employees Retirement System who was a state employee at the time of retirement, is retired for service or disability, is receiving a retirement allowance or benefit under the system, had eight years or more of qualifying service in the system at the time of retirement or is receiving a disability retirement allowance including a pension computed as if the member had eight years or more of creditable service in the system at the time of retirement, and has attained earliest service retirement age but is not eligible for federal Medicare coverage; or

(B) A person who is a surviving spouse or dependent of a deceased eligible retired state employee as provided in subparagraph (A) of this paragraph at the time of death, who:

(i) Is receiving a retirement allowance or benefit under the system; or

(ii) Was covered at the time of the eligible retired state employee's death by the retired employee's health insurance contracted for under ORS 238.410, and the employee retired on or after September 29, 1991.

[(b)] (c) [For purposes of this section, ] “Qualifying service” means creditable service in the system and any periods of employment with an employer participating in the system required of the employee before becoming a member of the system.

(d) “System” means the Public Employees Retirement System.

(2) Of the monthly cost of coverage for an eligible retired state employee under a health care insurance contract entered into under ORS 238.410, an amount as determined under subsection (3) of this section shall be paid from the Retiree Health Insurance Premium Account established by subsection (4) of this section, and any monthly cost in excess of the amount so determined shall be paid by the eligible retired state employee in the manner provided in ORS 238.410 (4). Any amount paid under this subsection shall be exempt from all state, county and municipal taxes imposed on the eligible retired member.

(3) On or before January 1 of each year, the Public Employees Retirement Board shall calculate the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS 238.410 and the health insurance premiums paid by state employees who are not retired under contracts entered into by the Public Employees' Benefit Board. For the purposes of subsection (2) of this section, an eligible retired state employee shall be entitled to receive toward the monthly cost of coverage under a health insurance contract entered into under ORS 238.410:

(a) For an eligible retired state employee with eight years or more of qualifying service in the system, but less than 10 years of qualifying service in the system, 50 percent of the amount calculated by the board under this subsection.

(b) For an eligible retired state employee with 10 years or more of qualifying service in the system, but less than 15 years of qualifying service in the system, 60 percent of the amount calculated by the board under this subsection.

(c) For an eligible retired state employee with 15 years or more of qualifying service in the system, but less than 20 years of qualifying service in the system, 70 percent of the amount calculated by the board under this subsection.

(d) For an eligible retired state employee with 20 years or more of qualifying service in the system, but less than 25 years of qualifying service in the system, 80 percent of the amount calculated by the board under this subsection.

(e) For an eligible retired state employee with 25 years or more of qualifying service in the system, but less than 30 years of qualifying service in the system, 90 percent of the amount calculated by the board under this subsection.

(f) For an eligible retired state employee with 30 years or more of qualifying service in the system, 100 percent of the amount calculated by the board under this subsection.

(4) The Retiree Health Insurance Premium Account is established within the Public Employees Retirement Fund, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the account are continuously appropriated to the Public Employees Retirement Board and may be used only to pay costs of health care insurance contract coverage under subsection (2) of this section, paying the administrative costs incurred by the board under this section and investment of moneys in the account under any law of this state specifically authorizing that investment.

(5) The Retiree Health Insurance Premium Account shall be funded by employer contributions. The state shall transmit to the board those amounts the board determines to be actuarially necessary to fund the liabilities of the account. The level of employer contributions shall be established by the board using the same actuarial assumptions it uses to determine employer contribution rates to the Public Employees Retirement Fund. The amounts shall be transmitted at the same time and in the same manner as contributions for pension benefits are transmitted under ORS 238.225.

(6) The Public Employees Retirement Board shall, by rule, establish a procedure for calculating the average difference between the health insurance premiums paid by retired state employees under contracts entered into by the board under ORS 238.410 and the health insurance premiums paid by state employees who are not retired under contracts entered into by the Public Employees' Benefit Board.

(7) As provided in section 401(h)(5) of the Internal Revenue Code of 1986, upon satisfaction of all liabilities for providing benefits described in subsection (2) of this section, any amount remaining in the Retiree Health Insurance Premium Account shall be returned to the state.

(8) No member of the system shall have an interest in the Retiree Health Insurance Premium Account or in the benefits provided under this section.

[(9) For the purposes of this section:]

[(a) “Board” means the Public Employees Retirement Board.]

[(b) “System” means the Public Employees Retirement System.]

NOTE: Consolidates stray definitions in (1).

SECTION 114. ORS 243.850 is amended to read:

243.850. (1) An eligible football coach and the State Board of Higher Education may enter into an agreement to provide that:

(a) The coach's salary will be reduced monthly by a stated amount that is not less than $25 a month, or the coach will forgo monthly a salary increase of a stated amount that is not less than $25 month; and

(b) The State Board of Higher Education will contribute monthly an amount equal to the stated amount determined under paragraph (a) of this subsection for the month to a designated qualified football coaches plan. The amount contributed by the employer shall not exceed the stated amount.

(2) The amount by which an eligible football coach's salary or wages is reduced by reason of the salary reduction or forgoing of a salary increase authorized by subsection (1) of this section shall continue to be included as regular compensation for the purpose of computing the retirement, pension and social security benefits earned by the coach, but that amount shall not be considered current taxable income for the purpose of computing federal and state income taxes withheld on behalf of that coach.

(3) For the purposes of this section:

[(a) “Qualified football coaches plan” has that meaning given in 29 U.S.C. 1002(37).]

[(b)] (a) “Eligible football coach” means a staff member of the [state system of higher education] Oregon University System who primarily coaches football as a full-time employee of a four-year university described in 26 U.S.C. 170(b)(1)(A)(ii).

(b) “Qualified football coaches plan” has the meaning given that term in 29 U.S.C. 1002(37).

NOTE: Alphabetizes definitions and updates terminology in (3).

SECTION 115. ORS 244.020 is amended to read:

244.020. As used in this chapter, unless the context requires otherwise:

(1) “Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person's relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection [(7)] (14) of this section.

(2) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official is associated in a nonremunerative capacity.

(3) “Business with which the person is associated” means:

(a) Any private business or closely held corporation of which the person or the person's relative is a director, officer, owner or employee, or agent or any private business or closely held corporation in which the person or the person's relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding calendar year;

(b) Any publicly held corporation in which the person or the person's relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year;

(c) Any publicly held corporation of which the person or the person's relative is a director or officer; or

(d) For public officials required to file a statement of economic interest under ORS 244.050, any business from which 50 percent or more of the total annual income of the person and members of the person's household is derived during the current calendar year.

(4) “Commission” means the Oregon Government Standards and Practices Commission.

(5) “Development commission” means any entity which has the authority to purchase, develop, improve or lease land or the authority to operate or direct the use of land. This authority must be more than ministerial.

(6) “Expenditure” has the meaning given that term in ORS 260.005.

[(7) “Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person's relative, or a business with which the person or the person's relative is associated, unless the pecuniary benefit or detriment arises out of the following:]

[(a) An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.]

[(b) Any action in the person's official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person's relative or business with which the person or the person's relative is associated, is a member or is engaged. The commission may by rule limit the minimum size of or otherwise establish criteria for or identify the smaller classes that qualify under this exception.]

[(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.]

[(8)] (7) “Gift” means something of economic value given to a public official or the public official's relative without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and something of economic value given to a public official or the public official's relative for valuable consideration less than that required from others who are not public officials. However, “gift” does not mean:

(a) Campaign contributions, as described in ORS chapter 260.

(b) Gifts from family members.

(c) The giving or receiving of food, lodging and travel when participating in an event which bears a relationship to the public official's office and when appearing in an official capacity, subject to the reporting requirement of ORS 244.060 (6).

(d) The giving or receiving of food or beverage if the food or beverage is consumed by the public official or the public official's relatives in the presence of the purchaser or provider thereof.

(e) The giving or receiving of entertainment if the entertainment is experienced by the public official or the public official's relatives in the presence of the purchaser or provider thereof and the value of the entertainment does not exceed $100 per person on a single occasion and is not greater than $250 in any one calendar year.

[(9)] (8) “Honoraria” means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to, speeches or other services rendered in connection with an event at which the public official appears in an official capacity.

[(10)] (9) “Income” means income of any nature derived from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, honoraria, return of capital, forgiveness of indebtedness, or anything of economic value.

[(11)] (10) “Legislative or administrative interest” means an economic interest, distinct from that of the general public, in one or more bills, resolutions, regulations, proposals or other matters subject to the action or vote of a person acting in the capacity of a public official.

[(12)] (11) “Legislative official” means any member or member-elect of the Legislative Assembly, any member of an agency, board or committee that is part of the legislative branch and any staff person, assistant or employee thereof.

[(13)] (12) “Member of household” means any relative who resides with the public official.

[(14)] (13) “Planning commission” means a county planning commission created under ORS chapter 215 or a city planning commission created under ORS chapter 227.

(14) “Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person's relative, or a business with which the person or the person's relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a) An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.

(b) Any action in the person's official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person's relative or business with which the person or the person's relative is associated, is a member or is engaged. The commission may by rule limit the minimum size of or otherwise establish criteria for or identify the smaller classes that qualify under this exception.

(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

(15) “Public official” means any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body of the state as an officer, employee, agent or otherwise, and irrespective of whether the person is compensated for such services.

(16) “Relative” means the spouse of the public official, any children of the public official or of the public official's spouse, and brothers, sisters or parents of the public official or of the public official's spouse.

(17) “Statement of economic interest” means a statement as described by ORS 244.060 to 244.080.

[(17)] (18) “Statewide official” means the Secretary of State or Secretary of State-elect, State Treasurer or State Treasurer-elect, Superintendent of Public Instruction or Superintendent-elect of Public Instruction, Attorney General or Attorney General-elect and the Commissioner of the Bureau of Labor and Industries or the Commissioner-elect of the Bureau of Labor and Industries.

[(18)] (19) “Zoning commission” means an entity to which is delegated at least some of the discretionary authority of a planning commission or governing body relating to zoning and land use matters.

NOTE: Alphabetizes definitions; consolidates chapter definitions. See section 117 (repealing 244.170).

SECTION 116. ORS 244.060 is amended to read:

244.060. The statement of economic interest filed under ORS 244.050, shall be on a form prescribed by the Oregon Government Standards and Practices Commission, and the person filing the statement shall supply the information required by this section and ORS 244.090, as follows:

(1) The name of all positions as officer of a business and business directorships held by the person or a member of the household of the person during the preceding calendar year.

(2) All names under which the person and members of the household of the person do business.

(3) Sources of income received at any time during the preceding calendar year by the person or a member of the household of the person that produce 10 percent or more of the total annual household income.

(4) The name, principal address and brief description of the source of income from which 50 percent or more of the total annual income of the person and members of the household of the person was received during the preceding calendar year and whether the source existed during the preceding year, and whether the source is derived from an entity that now does business or could reasonably be expected to do business or has legislative or administrative interest in the governmental agency of which the public official is or the candidate if elected would be a member or over which the public official has or the candidate if elected would have authority.

(5)(a) The listing of all real property in which the public official or candidate therefor or a member of the household of the public official or candidate has or has had any personal, beneficial ownership interest during the preceding calendar year, any options to purchase or sell real property, including a land sales contract, and any other rights of any kind in real property located within the geographic boundaries of the governmental agency of which the public official is or the candidate if elected would be a member or over which the public official has or the candidate if elected would have authority.

(b) This subsection does not require the listing of the principal residence of the public official or candidate.

(6)(a) Notwithstanding ORS 244.020 [(8)(c)] (7)(c), if a public official has received food, lodging and payment of travel expenses exceeding $100 when participating in an event which bears a relationship to the public official's office and when appearing in an official capacity, the name, nature and business address of the organization paying the expenses and the date and amount of that expenditure.

(b) Beginning on July 1, 1992, the dollar amount specified in paragraph (a) of this subsection shall be adjusted annually by the commission based upon the change in the Portland Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor during the preceding 12-month period. The amount determined under this paragraph shall be rounded to the nearest dollar.

(7) Any honoraria exceeding $50 received during the preceding calendar year by the person or a member of the household of the person, the payer of the honoraria and the date and time of the event for which the honoraria was received.

NOTE: Reflects renumbering in (6)(a). See section 115 (amending 244.020).

SECTION 117. ORS 244.170 is repealed.

NOTE: Definition moved to ORS 244.020. See section 115 (amending 244.020).

SECTION 118. ORS 251.005 is amended to read:

251.005. As used in this chapter:

(1) “Candidate” means an individual whose name is or is expected to be printed on the official ballot.

(2) “City office” means the office of mayor, city auditor, city [councilman] councillor or municipal judge of a city having a population of 50,000 or more according to the most recent determination made under ORS 190.510 to 190.610.

(3) “County clerk” means the county clerk or the county official in charge of elections.

(4) “Elector” means an individual qualified to vote under section 2, Article II, Oregon Constitution.

(5) “Measure” includes any of the following submitted to the people for their approval or rejection at an election:

(a) A proposed law.

(b) An Act or part of an Act of the Legislative Assembly.

(c) A revision of or amendment to the Oregon Constitution.

(d) Local, special or municipal legislation.

(e) A proposition or question.

NOTE: Eliminates gender-specific term in (2).

SECTION 119. (1) ORS 254.413 and 254.482 are added to and made a part of ORS chapter 254.

(2) Notwithstanding any other provision of law, ORS 254.413 and 254.482 shall not be considered to have been added to or made a part of ORS chapter 260 for the purpose of statutory compilation or for the application of definitions, penalties or administrative provisions applicable to statute sections in ORS chapter 260.

NOTE: Adds ORS sections to appropriate chapter.

SECTION 120. Section 1, chapter 805, Oregon Laws 2001, is repealed.

NOTE: Repeals adding clause for ORS 254.413 and 254.482. See section 119.

SECTION 121. ORS 254.462 is amended to read:

254.462. ORS 254.465, 254.470, 254.472, [and] 254.476, 254.480 and 254.482 apply only to elections conducted by mail.

NOTE: Updates list of applicable statutes.

SECTION 122. ORS 261.171 is amended to read:

261.171. (1) Upon its own resolution, the county governing body may, and upon receipt of an electors' petition or resolution of the governing body of a district or municipality which the county governing body finds to be in compliance with this chapter shall, at the earliest practical date submit the question of district formation, annexation or consolidation and, if for formation, the question of a special levy, to the electors within the affected territory at a special election. The special election may be held on the same date as a [biennial] primary election or general election.

(2) The notice of the election shall state the purpose of the election, describe in general terms the boundaries of the affected territory and in all other respects comply with the general laws of this state governing the time and manner of holding elections.

(3) The county governing body shall call no more than one election for formation of a district comprising substantially the same area within the same calendar year.

NOTE: Reflects 2001 name change provision in (1).

SECTION 123. ORS 261.190 is amended to read:

261.190. (1) At all elections where the creation of a district is authorized, five directors shall be elected to manage and transact the business of the district.

(2) Candidates for the office of director must be electors of this state, must have resided in the proposed district continuously for not less than two years next preceding the date of the election, and must continue to reside in the district during their term of office.

(3) All electors of the proposed district shall have the right to vote for five candidates at the election.

(4) The five candidates receiving the highest number of votes in the area approved by the electors and declared by the county governing body to be a district shall be elected to serve until the first Monday in January after the first regular [biennial] general election which occurs not less than one year following the election to create the district, and until their successors are elected and qualified.

NOTE: Reflects 2001 name change provision in (4).

SECTION 124. ORS 261.200 is amended to read:

261.200. (1) If a majority of votes cast at the election favor formation of the district and authorization of the district to impose a special levy for the purposes stated in the petition for formation, or annexation of a parcel of territory or a municipality to an existing district, or consolidation of two or more districts, as the case may be, and in conformity with provisions of ORS 261.105 and 261.110, the county governing body shall issue a proclamation accordingly and file a certified copy with the county clerk of each county where the district or any portion thereof is located. The proclamation for formation of a district shall be in substantially the following form:

______________________________________________________________________________

Whereas at an election duly and regularly held on the ____ day of ________, [A.D.] 2____, within ________ County (or ________ Counties), State of Oregon, and within the boundaries of a proposed district as herein described, there was submitted to the electors thereof the question whether or not a people's utility district should be incorporated as the (here insert name of district) and to give authority to impose a special levy of $______ under and pursuant to the provisions of ORS chapter 261; and

Whereas at the election so held ____ votes were cast in favor of incorporation, and ____ votes were cast against incorporation; and

Whereas the incorporation of the (here insert name of district) received the affirmative vote of the majority of the votes cast at the election;

Now, therefore, the undersigned hereby does proclaim and declare that all of that part of the State of Oregon, described as (here insert description) has been duly and legally incorporated as the ________ People's Utility District under and pursuant to the Constitution and laws of the State of Oregon, and the district has the authority to collect the sum of $______ by special levy against the taxable property within the district.

Chairperson of the County Governing Body.

By ________________

______________________________________________________________________________

(2) The proclamation for annexing a parcel of territory or a municipality to an existing district or the consolidation of two or more existing districts, or both, shall be adaptations of the above proclamation.

(3) The proclamation of formation, with the notice of boundary change under ORS 308.225, shall be filed by the district with the county assessor of each county in which any portion of the district is situated, who shall thereupon enter the special levy.

(4) Expenditure of the moneys received from the special levy for the purposes stated in the petition for district formation may be made by the district without prior adoption of a budget under ORS 294.305 to 294.520.

(5) Following proclamation of formation of a district, any person whose property has been improperly included within a district, contrary to the provisions of ORS 261.110 (5) or (7), may petition a county governing body to revise the district boundaries to exclude the property. After notice to the district, and a hearing on the petition, the county governing body shall revise the district boundaries to exclude such property as it finds should not have been included within the district under the standards set forth in ORS 261.110 (5) or (7). Upon such findings and boundary revisions a district shall be permitted to refund related taxes paid which are based upon assessments made after January 1, 1978. Boundary revisions shall comply with ORS 308.225. The remedy provided in this subsection shall be available only to persons owning property in districts which were formed after January 1, 1978.

NOTE: Conforms date field in (1) to legislative style.

SECTION 125. ORS 261.355 is amended to read:

261.355. (1) For the purpose of carrying into effect the powers granted in this chapter, any district may issue and sell revenue bonds, when authorized by a majority of its electors voting at any primary election, general election or special election.

(2) All revenue bonds issued and sold under this chapter shall be so conditioned as to be paid solely from that portion of the revenues derived from the district by the sale of water, waterpower and electric energy, or any of them, or any other service, commodity or facility which may be produced, used or furnished in connection therewith, remaining after paying from those revenues all expenses of operation and maintenance, including taxes.

(3) Notwithstanding subsection (1) of this section and subject to subsection (4) of this section, any district may, by a duly adopted resolution of its board, issue and sell revenue bonds for the purpose of betterments and extensions within the existing boundaries of the district, but the amount so issued shall be limited to the reasonable value of the betterments and extensions plus an amount not to exceed 10 percent thereof for administrative purposes. Revenue bonds shall not be issued and sold for the purpose of acquiring an initial utility system or acquiring property or facilities owned by another entity that provides electric utility service without first obtaining the affirmative vote of the electors within the district.

(4) Not later than the 30th day prior to a board meeting at which adoption of a resolution under subsection (3) of this section will be considered, the district shall:

(a) Provide for and give public notice, reasonably calculated to give actual notice to interested persons including news media which have requested notice, of the time and place of the meeting and of the intent of the board to consider and possibly adopt the resolution; and

(b) Mail to its customers notice of the time and place of the meeting and of the intent of the board to consider and possibly adopt the resolution.

(5) Any authorizing resolution adopted for the purposes of subsection (3) of this section shall provide that electors residing within the district may file a petition with the district asking to have the question of whether to issue such bonds referred to a vote.

(6) If within 60 days after adoption of a resolution under subsection (3) of this section the district receives petitions containing valid signatures of not fewer than five percent of the electors of the district, the question of issuing the bonds shall be placed on the ballot at the next date on which a district election may be held under ORS 255.345 (1).

(7) When petitions containing the number of signatures required under subsection (6) of this section are filed with the district within 60 days after adoption of a resolution under subsection (3) of this section, revenue bonds shall not be sold until the resolution is approved by a majority of the electors of the district voting on the resolution.

(8) Any district issuing revenue bonds may pledge that part of the revenue which the district may derive from its operations as security for payment of principal and interest thereon remaining after payment from such revenues of all expenses of operation and maintenance, including taxes, and consistent with the other provisions of this chapter.

(9) Prior to any district board taking formal action to issue and sell any revenue bonds, the board shall have on file with the secretary of the district a certificate executed by a qualified engineer that the net annual revenues of the district, including the property to be acquired or constructed with the proceeds of the bonds, shall be sufficient to pay the maximum amount that will be due in any one fiscal year for both principal of and interest on both the bonds then proposed to be issued and all bonds of the district then outstanding.

(10) The district shall order an election for the authorization of revenue bonds to finance the acquisition or construction of an initial utility system, including the replacement value of the unreimbursed investment of an investor owned utility in energy efficiency measures and installations within the proposed district, as early as practicable under ORS 255.345 after filing the certificate required under subsection (9) of this section. An election under this subsection shall be held no more than twice in any one calendar year for any district. In even-numbered years no election shall be held on any other date than the date of the [biennial] primary election or general election.

NOTE: Reflects 2001 name change provision in (10).

SECTION 126. ORS 261.360 is amended to read:

261.360. (1) When authorized by a majority of its electors voting at any [biennial] primary election or general election or at a special election, at which special election not less than 25 percent of the electors of the district voted on the question, any district may issue and sell general obligation bonds so conditioned that the district shall therein and thereby unconditionally undertake, promise and agree to pay the same in whole or in part from revenue or from taxes or both.

(2) The general obligation bonds of the district outstanding at any time shall not exceed two and one-half percent (.025) of the real market value of all taxable property within the limits of the district.

(3) General obligation bonds may be made payable primarily from and secured by a lien on and pledge of the revenues derived by the district from its operations remaining after paying from such revenues all expenses of operation and maintenance, and secondarily from taxes.

NOTE: Reflects 2001 name change provision in (1).

SECTION 127. ORS 261.410 is amended to read:

261.410. (1) Except as otherwise provided in this chapter, directors shall be nominated and elected by the electors of the subdivision such director represents at time of holding the next [biennial] general election.

(2) Nominating petitions must be furnished by the district.

NOTE: Reflects 2001 name change provision in (1).

SECTION 128. ORS 261.415 is amended to read:

261.415. (1) The office of director shall be considered vacant:

(a) Upon the failure of the person elected or appointed to the office to qualify for it not later than 30 days after the time the term of office commences;

(b) Upon the occurrence of any event listed in ORS 236.010; or

(c) Upon the incumbent's absence from meetings of the board for 60 days without the consent of the board and upon the declaration by the board of the vacancy.

(2) Vacancies in the office of director occurring between elections shall be filled by the remaining members of the board, but when a vacancy exists for 30 days, or if the office is considered or declared vacant under subsection (1)(a) or (b) of this section, the Governor may fill the vacancy.

(3) Any person appointed to fill such vacancy by the board or the Governor shall hold office until the next [biennial] general election and until a successor is elected and qualified.

NOTE: Reflects 2001 name change provision in (3).

SECTION 129. ORS 261.420 is amended to read:

261.420. Of the board of directors elected at the next [biennial] general election following creation of the district, three shall hold office for four years, and two shall hold office for two years, and until their successors are elected and qualified, the length of the respective terms to be determined by lot. Thereafter, at each [biennial] general election, a number of directors corresponding to the number whose terms of office expire shall be elected for the term of four years. The terms of directors shall commence on the first Monday in January next following their election. [The directors elected before September 13, 1975, shall serve until their successors are elected and qualified and their respective terms shall be extended accordingly to the following first Monday in January.]

NOTE: Corrects terminology; expunges obsolete provision.

SECTION 130. ORS 261.710 is amended to read:

261.710. (1) The dissolution election may be called by the board of directors on their own motion or by a petition filed with the directors of the district, signed by electors of the district equal in number to not less than three percent of the total number of votes cast for all candidates for Governor in the district at the most recent election at which a candidate for Governor was elected to a full term, requesting the directors of the district to submit to the electors of the district the proposition of dissolving the district and settling its affairs.

(2) The petition shall be referred to the county clerk of each county wherein the district or any part thereof is located. The county clerk of each of such counties shall examine the purported signatures on the petition of electors of the county and shall certify as to the regularity and sufficiency thereof. Where the district is located in more than one county, the certificate of the county clerk of each county as to the regularity of the signatures on the petition shall be filed with the Secretary of State, who shall accept the certificates by the county clerks as to the regularity of the signatures, and based thereon, shall certify as to the sufficiency of all signatures on the petition. Whenever a dissolution petition has been certified as sufficient, the certificate of sufficiency with copy of the petition shall be transmitted to the directors of the district, who shall immediately call an election to be held concurrently with a [biennial] primary election or general election.

(3) If a majority of the electors of the district, voting at the election, votes in favor of dissolution, the directors shall issue their proclamation dissolving the district and shall file the proclamation in the office of the county clerk of the county wherein the district is located.

(4) The district shall thereafter continue to exist solely for the purpose of settling its affairs as provided in ORS 261.715 to 261.730.

NOTE: Reflects 2001 name change provision in (2).

SECTION 131. ORS 267.320 is amended to read:

267.320. (1) Except as otherwise provided in this section, to carry out the powers granted by ORS 267.010 to 267.390, the district board may by ordinance impose and may collect user charges, fees and tolls from those who are served by or use the transit system and other facilities and services of the district.

(2) The district shall not charge a person over 65 years of age a fee of more than 50 percent of the regular fee for transportation provided by the district. The maximum fee established by this subsection does not apply on any weekday, Monday through Friday, between the hours of 5 a.m. [to] and 9 a.m. or between the hours of 3 p.m. [to] and 7 p.m.

NOTE: Fixes syntax in (2).

SECTION 132. ORS 273.251 is amended to read:

273.251. Unless the context or a specially applicable definition requires otherwise, state lands are classified as follows:

(1) “Agricultural college lands.” Lands granted to the state by the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and maintenance of Oregon State University.

(2) “Farmlands.” Lands acquired by deed, gift, operation of law, or by the foreclosure of mortgages taken to secure loans from the common school, agricultural college, university or other funds.

(3) “Indemnity lands.” Lands selected to satisfy losses in sections 16 and 36, as provided by sections 851 and 852 of title 43, United States Code, as amended, or any other laws of the United States.

(4) “School lands”:

(a) Sections 16 and 36 in each township granted to the state by the Act of February 14, 1859 (11 Stat. 383).

(b) Lands selected for internal improvements under the Act of September 4, 1841 (5 Stat. 455), and diverted for common schools with the consent of Congress by the Joint Resolution of February 9, 1871 (16 Stat. 595).

(c) Lands selected for capitol building purposes under the Act of February 14, 1859 (11 Stat. 383).

(d) Lands included in the South Slough National Estuarine [Sanctuary] Research Reserve as described in ORS 273.553.

(5) “Swamp lands.” Lands claimed by the state under the Act of September 28, 1850 (9 Stat. 519), and extended to the State of Oregon by the Act of March 12, 1860 (12 Stat. 3).

(6) “Submerged lands.” Lands defined as submerged by ORS 274.005.

(7) “Submersible lands.” Lands defined as submersible by ORS 274.005.

(8) “University lands.” Lands granted to the state under the Act of February 14, 1859 (11 Stat. 383), for the support and maintenance of the University of Oregon.

NOTE: Corrects title in (4)(d).

SECTION 133. ORS 273.331 is amended to read:

273.331. [Where the] When lands [which] that the Division of State Lands believes were acquired from the State of Oregon by fraud or in violation of the laws of the state[,] are held by any person owning other lands the title to which is not involved, the division may provide as a condition to the contract of settlement described in ORS 273.326 that such other lands, or such portion thereof as the division considers advisable, may also be subdivided and disposed of under the direction and supervision of the division according to the conditions agreed to.

NOTE: Adjusts syntax; corrects punctuation.

SECTION 134. ORS 273.553 is amended to read:

273.553. (1) It is the policy of the State of Oregon to maintain the South Slough of Coos Bay, from Valino Island southward, inclusive, as a national estuarine [sanctuary] research reserve, acquired as the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, as the first estuarine sanctuary in the United States to be created under Section 312 of the Coastal Zone Management Act of 1972 (P.L. 92-583) and redesignated as the South Slough National Estuarine Research Reserve by federal law (P.L. 99-272). The management policy for the [sanctuary shall be] reserve is to:

(a) Maintain the integrity of the estuary;

(b) Protect the estuary from uses and activities[;], both within and beyond its boundaries, [which] that may alter or affect the ecosystem and its natural dynamic processes; and

(c) Preserve the area for long-term scientific and educational uses.

(2) Responsibility for completing purchase of the South Slough [Estuarine Sanctuary shall remain] National Estuarine Research Reserve is vested with the Division of State Lands[, which shall be the agency acting]. The division acts for the State of Oregon in any transaction respecting the purchase of acreage for [such sanctuary] the reserve on or after October 4, 1977.

(3) Except as necessary to achieve the policy set forth in subsection (1) of this section and any standards established in the Coastal Zone Management Act of 1972 (P.L. 92-583) or any rules, regulations or agreements adopted pursuant thereto, the [sanctuary shall be] reserve is open to the public. However, to protect the estuarine ecosystems, public use of the [sanctuary shall] reserve may be limited and controlled by the [commission created under ORS 273.554] South Slough National Estuarine Research Reserve Management Commission in consultation with any technical management team established pursuant to an agreement between the State of Oregon and the Office of Ocean and Coastal [Zone] Resource Management of the National Oceanic and Atmospheric Administration of the United States Department of Commerce. The commission [created under ORS 273.554] shall adopt rules to carry out the intent of this subsection.

(4) [Administration of the sanctuary shall be provided by and pursuant to the authority granted the commission created under ORS 273.554,] The South Slough National Estuarine Research Reserve Management Commission shall administer the reserve, subject to any agreement respecting the [sanctuary] reserve between the State of Oregon and the federal Office of Ocean and Coastal [Zone] Resource Management.

(5) The agency [which] that acquired title to the [sanctuary] reserve shall cause title to be cleared in the name of the State of Oregon.

NOTE: Overhauls section to correct titles, punctuation and syntax; conforms to legislative style; beautifies ORS.

SECTION 135. ORS 273.554 is amended to read:

273.554. (1) For the purpose of providing for the administration of the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve in a manner consistent with the provisions of ORS 273.553, there is created the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve Management Commission. [which] The commission shall have the authority, in accordance with the policies formulated by the State Land Board, to:

(a) Conduct the day-to-day operation and management of the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve with the administrative support of the Division of State Lands;

(b) Appoint a manager and other staff necessary to carry out this section; and

(c) Apply for, receive and expend moneys from the federal government and from this state or any agency thereof for the purpose of carrying out this section.

(2) The [South Slough Estuarine Sanctuary Management] commission shall consist of eight members appointed by the Governor as follows:

(a) A representative of common schools in the area of the [sanctuary] reserve;

(b) One authorized representative of the Coos County Board of Commissioners;

(c) One authorized representative of the governing body of the Port of Coos Bay;

(d) The Director of the Division of State Lands or a designee thereof[, who shall serve as permanent chairperson of the commission];

(e) One authorized representative of the federal Office of Ocean and Coastal [Resources] Resource Management;

(f) Two representatives with an interest in marine science, one from the University of Oregon Institute of Marine Biology at Charleston and one from Oregon State University; and

(g) One member selected from the general public at large.

(3) The members appointed by the Governor under subsection (2)(a), (f) and (g) of this section shall serve for terms of four years and members appointed under subsection (2)(b) and (c) of this section shall serve for terms of two years. The Director of the Division of State Lands or the designee of the director, if appointed in place of the director, shall serve as the permanent chairperson of the commission. The commission shall select one of its members as vice chairperson. The chairperson and vice chairperson shall have duties and powers necessary for the performance of the functions of such offices as the commission determines. The vice chairperson shall act as the chairperson of the commission in the absence of the chairperson. The vice chairperson shall serve for a term of one year, subject to reelection by the commission.

(4) Each member of the commission shall have one vote, except that the member who is the authorized representative of the federal Office of Ocean and Coastal [Resources] Resource Management shall be a nonvoting member. A majority of the commission constitutes a quorum for the transaction of business.

(5) Members of the commission are not entitled to compensation, but in the discretion of the State Land Board may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties, subject to laws regulating travel and other expenses of state officers and employees.

NOTE: Corrects titles; conforms structure and syntax to legislative style.

SECTION 136. ORS 273.556 is amended to read:

273.556. (1) The South Slough [Estuarine Sanctuary] National Estuarine Research Reserve Management Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all moneys received by the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve Management Commission shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be used by the commission for the purpose of carrying out ORS 273.554.

(2) The commission shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

NOTE: Corrects titles in (1).

SECTION 137. ORS 273.558 is amended to read:

273.558. (1) Violation of a rule adopted under ORS 273.553 (3) is a Class D violation for each day of violation.

(2) In addition to all other remedies, when it appears to the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve Management Commission that a person has engaged in, or is engaging in, any act [which] that violates a rule adopted under ORS 273.553 (3), the commission may direct the Attorney General to apply to the court for an injunction restraining the person from violating such rule.

NOTE: Corrects titles and syntax in (2).

SECTION 138. ORS 276.040 is amended to read:

276.040. The Capitol Planning Commission shall inform the board of [aldermen] alderpersons of the City of Salem and the City of Salem planning commission of the development plans of the state prepared for the capitol area pursuant to ORS 276.034 (1) and (3), as such plans are being developed by the commission. The commission shall make all possible effort to obtain the cooperation of such officers and commissions of the City of Salem for the purpose of establishing such zoning of that part of the city contiguous to the capitol area as will effectuate the purpose of the State of Oregon to maintain its administrative buildings in a continuous, park-like area, in appropriate environment.

NOTE: Eliminates gender-specific term.

SECTION 139. ORS 279.027 is amended to read:

279.027. (1) A public contracting agency preparing bid documents for a public contract shall, at a minimum, include:

(a) A statement that, if the contract is for a public work subject to ORS 279.348 to 279.380 or the Davis-Bacon Act (40 U.S.C. 276a), no bid will be received or considered by the public contracting agency unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279.350 or 40 U.S.C. 276a are to be complied with;

(b) The date and time after which bids will not be received, which shall be not less than five days after the date of the last publication of the advertisement;

(c) The date that prequalification applications must be filed under ORS 279.039 (1) and the class or classes of work for which bidders must be prequalified if prequalification is a requirement;

(d) The character of the work to be done or the material or things to be purchased;

(e) The office where the specifications for the work, material or things may be reviewed;

(f) The name and title of the person designated for receipt of bids;

(g) The date, time and place that the public contracting agency will publicly open the bids;

(h) A statement that each bid must identify whether the bidder is a resident bidder, as defined in ORS 279.029;

(i) A statement that the public contracting agency may reject any bid not in compliance with all prescribed public bidding procedures and requirements and may reject for good cause any or all bids upon a finding of the agency that it is in the public interest to do so;

(j) Information addressing whether a contractor or subcontractor must be licensed under ORS 468A.720; and

(k) A statement that no bid for a construction contract shall be received or considered by the public contracting agency unless the bidder is [registered with] licensed by the Construction Contractors Board or licensed by the State Landscape Contractors Board as required by ORS 671.530.

(2) All bids made to the public contracting agency pursuant to ORS 279.015 and 279.025 shall be:

(a) In writing.

(b) Filed with the person designated for receipt of bids by the public contracting agency.

(c) Opened publicly by the public contracting agency at the time designated in the advertisement.

(3)(a) Within four working hours after the date and time of the deadline when the bids are due to the public contracting agency for a public improvement, a bidder shall submit to the public contracting agency a disclosure of the first-tier subcontractors that:

(A) Will be furnishing labor or will be furnishing labor and materials in connection with the public improvement; and

(B) Will have a contract value that is equal to or greater than five percent of the total project bid or $15,000, whichever is greater, or $350,000 regardless of the percentage of the total project bid.

(b) For each contract to which this subsection applies, the public contracting agency shall designate a deadline for submission of bids that has a date and time that is on Monday through Thursday or that is on Friday prior to 12 noon.

(c) This subsection shall apply only to public improvements with a contract value of more than $75,000.

(d) This subsection does not apply to public contracts for public improvements that have been exempted from competitive bidding requirements under ORS 279.015 (2).

(4) The disclosure of first-tier subcontractors under subsection (3) of this section shall include:

(a) The name of each subcontractor; and

(b) The category of work that each subcontractor will be performing.

(5) A public contracting agency shall accept the subcontractor disclosure. The public contracting agency shall consider the bid of any contractor that does not submit a subcontractor disclosure to the public contracting agency to be a nonresponsive bid and may not award the contract to the contractor. A public contracting agency is not required to determine the accuracy or the completeness of the subcontractor disclosure.

(6) After having been opened, the bids and the subcontractor disclosures shall be filed for public inspection.

(7) A surety bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008, cashier's check or certified check of each bidder shall be attached to all bids as bid security unless the contract for which a bid is submitted has been exempted from this requirement pursuant to ORS 279.033. Such security shall not exceed 10 percent of the amount bid for the contract.

NOTE: Corrects terminology in (1)(k).

SECTION 140. ORS 279.316 is amended to read:

279.316. (1)(a) Every public contract shall also contain a condition that no person shall be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as described in ORS 279.051, the employee shall be paid at least time and a half pay:

(A) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

(B) For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

(C) For all work performed on Saturday and on any legal holiday specified in ORS 279.334.

(b) An employer must give notice to employees who work on a public contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

(2) In the case of contracts for personal services as [defined] described in ORS 279.051, the contract shall contain a provision that the employee shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime.

(3) In the case of a contract for services at a county fair or for other events authorized by a county fair board, the contract shall contain a provision that the labor performed on the contract shall be paid at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week. An employer must give notice to employees who work on such a contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work.

(4)(a) Except as provided in subsection (3) of this section, contracts for services shall contain a provision that requires that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater.

(b) An employer must give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

NOTE: Corrects word choice in (2).

SECTION 141. ORS 279.334 is amended to read:

279.334. (1)(a) In all cases where labor is employed by the state, county, school district, municipality, municipal corporation, or subdivision, through a contractor, no person shall be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public policy absolutely requires it, in which event, the person or persons so employed for excessive hours shall receive at least time and a half pay:

(A) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

(B) For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week is four consecutive days, Monday through Friday; and

(C) For all work performed on Saturday and on the following legal holidays:

(i) Each Sunday.

(ii) New Year's Day on January 1.

(iii) Memorial Day on the last Monday in May.

(iv) Independence Day on July 4.

(v) Labor Day on the first Monday in September.

(vi) Thanksgiving Day on the fourth Thursday in November.

(vii) Christmas Day on December 25.

(b) An employer must give notice to employees who perform work under paragraph (a) of this subsection in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that employees may be required to work.

(2) For the purpose of this section, each time a holiday, other than Sunday, listed in subsection (1) of this section falls on Sunday, the succeeding Monday shall be recognized as a legal holiday. Each time a holiday listed in subsection (1) of this section falls on Saturday, the preceding Friday shall be recognized as a legal holiday.

(3) Subsections (1) and (2) of this section do not apply to a contract for a public improvement or for services if the contractor is a party to a collective bargaining agreement in effect with any labor organization.

(4) When specifically agreed to under a written labor-management negotiated labor agreement, an employee may be paid at least time and a half pay for work performed on any legal holiday specified in ORS 187.010 and 187.020 that is not listed in subsection (1) of this section.

(5) This section shall not apply to labor performed in the prevention or suppression of fire under contracts and agreements made pursuant to the authority of the State Forester or the State Board of Forestry, under ORS 477.406.

(6) This section shall not apply to contracts for personal services as [defined] described in ORS 279.051, provided that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in subsection (1)(a)(C)(ii) to (vii) of this section and for all overtime worked in excess of 40 hours in any one week, except for individuals under these contracts who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime.

(7) Subsection (1) of this section does not apply to contracts for services at a county fair or for other events authorized by a county fair board if persons employed under the contract receive at least time and a half for work in excess of 10 hours in any one day or 40 hours in any one week.

(8)(a) Subsection (1) of this section does not apply to contracts for services. However, persons employed under such contracts shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in subsection (1)(a)(C)(ii) to (vii) of this section and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater.

(b) An employer must give notice to employees who work on a contract for services in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work.

(9) Any contractor or subcontractor or contractor's or subcontractor's surety who violates the provisions of this section shall be liable to the employees affected in the amount of their unpaid overtime wages and in an additional amount equal to the unpaid overtime wages as liquidated damages. If the violation resulted from willful falsification of payroll records, the contractor or subcontractor or contractor's or subcontractor's surety shall be liable to the employees affected in the amount of their unpaid overtime wages and in additional amount equal to twice the unpaid overtime wages as liquidated damages.

(10) An action to enforce liability to employees under subsection (9) of this section may be brought as an action on the contractor's bond as provided for in ORS 279.536.

(11) In accordance with any applicable provision of ORS 183.310 to 183.550, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of this section.

NOTE: Corrects word choice in (6).

SECTION 142. ORS 285A.143 is amended to read:

285A.143. (1) Upon the request of any legislator, for a sister state relationship in which the State of Oregon participates, a sister state committee, consisting of up to 21 members each, shall be appointed as described in subsection (2) of this section. The committee shall be named for the sister state for which the committee is created and shall be known as the (name of sister state) Sister State Committee.

(2) Membership of each sister state committee shall include:

(a) The President of the Senate, who shall be cochairperson of the committee;

(b) The Speaker of the House of Representatives, who shall be cochairperson of the committee;

(c) Two members of the Senate, who are not members of the same political party, appointed by the President of the Senate;

(d) Two members of the House of Representatives, who are not members of the same political party, appointed by the Speaker of the House of Representatives;

(e) Four members representing Oregon's business community appointed by the President of the Senate;

(f) Four members representing Oregon's business community appointed by the Speaker of the House of Representatives;

(g)(A) One former member of the Senate appointed by the President of the Senate and one former member of the House of Representatives appointed by the Speaker of the House of Representatives; or

(B) If one of the potential appointees described in subparagraph (A) of this paragraph is not available, two former members of the Legislative Assembly appointed jointly by the President of the Senate and the Speaker of the House of Representatives;

(h) Two public members appointed by the President of the Senate;

(i) Two public members appointed by the Speaker of the House of Representatives; and

(j) If the cochairpersons jointly agree, one elected state official.

(3)(a) The President of the Senate and the Speaker of the House of Representatives may each designate an alternate from time to time from among the members of their respective chambers to exercise powers as a member of the committee when the President or Speaker is not in attendance at a committee meeting, except that an alternate may not preside over a committee meeting in place of the President or Speaker.

(b) The President of the Senate and the Speaker of the House of Representatives shall jointly select one of the members appointed under subsection (2)(e) or (f) of this section to be executive director to plan for and coordinate activities under ORS 285A.145 (2).

(4)(a) The President of the Senate and the Speaker of the House of Representatives serve on a sister state committee so long as each continues to hold the office of President or Speaker.

(b) [Members] A member of the Legislative Assembly appointed under subsection (2)(c) or (d) of this section [serve] serves at the pleasure of the appointing authority and may continue to serve as long as the member remains in the chamber of the Legislative Assembly from which the member was appointed. Before the expiration of the legislative term of office of a member appointed under subsection (2)(c) or (d) of this section, the appointing authority shall appoint a successor whose term on the committee begins when the former member's legislative term of office ends. If there is a vacancy for a member appointed under subsection (2)(c) or (d) of this section for any other cause, the appointing authority shall make an appointment to become effective immediately.

(c) The term of office of committee members appointed under subsection (2)(e) to (j) of this section is two years. A member appointed under subsection (2)(e) to (j) of this section is eligible for reappointment. If there is a vacancy for a member appointed under subsection (2)(e) to (j) of this section before the expiration of the term, the appointing authority shall make an appointment to become effective immediately for the unexpired term.

(5) Members of the Legislative Assembly who are members of a sister state committee are entitled to a per diem as provided in ORS 171.072 except when members are out of the United States.

(6) The cochairpersons of a sister state committee shall preside alternately at sister state committee meetings.

(7) A majority of the members of a sister state committee constitutes a quorum for the transaction of business.

(8) The Legislative Administration Committee shall provide administrative staff support for one meeting of the sister state committee held before the visit described in ORS 285A.145 (2) and for one meeting held after the visit.

(9) For the purposes of this section and ORS 285A.145, “sister state” means an international state or province.

NOTE: Refines syntax in (4)(b).

SECTION 143. ORS 288.420 is amended to read:

288.420. (1) The paying officer shall pay the principal of or interest on any instrument at or after maturity when, except as provided in subsections (2) and (3) of this section, the asserted owner of [such] the instrument:

(a) Submits a satisfactory affidavit describing the instrument and the circumstances surrounding the acquisition of [such] the instrument and giving a detailed statement of the circumstances surrounding its loss, mutilation or destruction; [and]

(b) Surrenders the instrument, if mutilated and in the possession of the asserted owner; and

(c)(A) Furnishes an indemnity bond executed by two or more sureties satisfactory to the paying officer and qualifying as in the case of sureties for bail for twice the face amount of the instrument plus interest due thereon; or

[(d)] (B) Furnishes an indemnity bond executed by a surety company licensed to do business in the state for the face amount of the instrument plus interest due thereon.

(2) If [such] the asserted owner does not have personal knowledge of the information [which] that must be contained in the affidavit required under subsection (1)(a) of this section, the person having [such] the personal knowledge may make the affidavit.

(3) If the face amount of an instrument plus interest due thereon is $1,000 or more, a surety company licensed to do business in the state must execute the indemnity bond required under subsection (1) of this section.

NOTE: Restructures paragraphs in (1); updates syntax in (1) and (2).

SECTION 144. ORS 291.228 is amended to read:

291.228. (1) The Governor shall publish a report that:

(a) Demonstrates that the amount within the Governor's budget appropriated for the state's system of kindergarten through grade 12 public education is the amount of moneys as determined by the Quality Education Commission established by ORS 327.500 that is sufficient to meet the quality goals; or

(b) Identifies the reasons that the amount appropriated for the state's system of kindergarten through grade 12 public education is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state's system of kindergarten through grade 12 public education to meet the quality goals. In identifying the impact of the insufficiency, the Governor shall include in the report how the amount appropriated in the Governor's budget may affect both the current practices and student performance identified by the commission under ORS 327.506 (4)(a) and the best practices and student performance identified by the commission under ORS 327.506 (4)(b).

(2) The Governor shall identify in the report whether the state's system of post-secondary public education has quality goals established by law. If there are quality goals, the Governor shall include in the report a determination that the amount appropriated in the Governor's budget is sufficient to meet those goals or an identification of the reasons the amount appropriated is not sufficient, the extent of the insufficiency and the impact of the insufficiency on the ability of the state's system of post-secondary public education to meet the quality goals.

(3) The report shall be issued at the same time as the Governor's budget report required under ORS 291.202.

(4) The Governor shall provide public notice of the report's issuance, including posting the report on the Internet and providing a print version of the report upon request.

NOTE: Clarifies reference in (1)(a).

SECTION 145. ORS 294.435 is amended to read:

294.435. (1) After the public hearing provided for in ORS 294.430 (1) has been held, the governing body shall enact the proper ordinances or resolutions to adopt the budget, to make the appropriations, to determine, make and declare the ad valorem property tax amount or rate to be certified to the assessor for either the ensuing year or [for] each of the years of the ensuing budget period and to itemize and categorize the ad valorem property tax amount or rate as provided in ORS 310.060. Consideration shall be given to matters discussed at the public hearing. The budget estimates and proposed ad valorem property tax amount or rate as shown in the budget document may be amended prior to adoption and may also be amended by the governing body following adoption if such amendments are adopted prior to the commencement of the fiscal year or budget period to which the budget relates. However, the amount of estimated expenditures for each fund in an annual budget may not be increased by more than $5,000 or 10 percent of the estimated expenditures, whichever is greater, and the amount of estimated expenditures for each fund in a biennial budget may not be increased by more than $10,000 or 10 percent of the estimated expenditures, whichever is greater, and the amount or rate of the total ad valorem property taxes to be certified by the municipal corporation to the assessor may not exceed the amount approved by the budget committee:

(a) Unless the amended budget document is republished as provided by ORS 294.416 or 294.418 and 294.421 for the original budget and another public hearing is held as provided by ORS 294.430 (1); or

(b) Except to the extent ad valorem property taxes may be increased pursuant to ORS 294.437.

(2) After the public hearing provided for in ORS 294.430 (2) or (3) has been held and the certification of the tax supervising and conservation commission received, if such certification is required, the governing body shall enact the proper ordinances or resolutions to adopt the budget, to make the appropriations, to determine, make and declare the ad valorem property tax amount or rate for either the ensuing fiscal year or [for] each of the fiscal years of the ensuing budget period and to itemize and categorize the ad valorem property tax amount or rate as provided in ORS 310.060. Consideration shall be given any orders, recommendations or objections made by the tax supervising and conservation commission in accordance with law. The action taken on each order, recommendation or objection after such consideration by the governing body, with the reasons for such action, shall be included in the ordinance or resolution adopting the budget. A certified copy of the ordinance or resolution shall be sent to the commission within 15 days after the date the ordinance or resolution is adopted. The budget estimates, appropriations and ad valorem property tax amount or rate as shown in the budget document may be amended prior to adoption and may also be amended by the governing body following adoption if such amendments are adopted prior to the commencement of the fiscal year or budget period to which the budget relates. However, the amount of estimated expenditures for each fund may not be increased by more than $5,000 or 10 percent of the estimated expenditures, whichever is greater, the amount of estimated expenditures for each fund in a biennial budget may not be increased by more than $10,000 or 10 percent of the estimated expenditures, whichever is greater, and the amount or rate of the total ad valorem property taxes to be certified by the municipal corporation to the assessor may not exceed the amount shown in the budget document at the time of the budget hearing:

(a) Unless the amended budget document is resubmitted to the tax supervising and conservation commission for another public hearing, and for recommendations or objections of that body; or

(b) Except to the extent ad valorem property taxes may be increased pursuant to ORS 294.437.

(3) The appropriations required by subsections (1) and (2) of this section shall, as a minimum, contain one amount for each organizational unit or program of each fund. In addition, separate amounts shall be appropriated in each fund for debt service, special payments, interfund revenue transfers, capital outlay, operating expenses which cannot be allocated to an organizational unit or program and operating contingencies. If the governing body so desires, it may appropriate separate amounts for activities within an organizational unit or program. For those municipal corporations where the term “organizational unit” has no application, the appropriations shall contain separate amounts for personal services, materials and services, capital outlay, debt service, special payments, interfund revenue transfers and operating contingency for each fund.

(4) Thereafter no greater expenditure, or encumbrance if encumbrance accounting is used, of public money shall be made for any specific purpose other than the amount appropriated therefor except as provided in ORS 294.326, 294.440, 294.450 and 294.480.

(5) The determination of the amount or rate of ad valorem property taxes to be certified shall be entered in the proper records of the governing body. Except as provided in ORS 294.437, no greater tax than that so entered upon the record shall be certified by the municipal corporation proposing the tax for the purpose or purposes indicated.

(6) Nothing contained in this section shall preclude a governing body during the fiscal year or budget period by appropriate ordinance or resolution, after public hearing, from adjusting budgeted resources and reducing appropriations to reflect a decrease in available resources.

(7)(a) The governing body shall determine, make and declare ad valorem property taxes under subsections (1) and (2) of this section as a rate per $1,000 of assessed value if the taxes are operating taxes or rate-based local option taxes as a rate per $1,000 of assessed value.

(b) The governing body shall determine, make and declare ad valorem property taxes under subsections (1) and (2) of this section as an amount if the taxes are being certified as amount-based local option taxes, to pay principal and interest on exempt bonded indebtedness or to pay other government obligations described in section 11 (5), Article XI of the Oregon Constitution.

NOTE: Corrects syntax in (1) and (2).

SECTION 146. ORS 326.051 is amended to read:

326.051. Subject to ORS 417.300 and 417.305:

(1) In addition to such other duties as are prescribed by law and pursuant to the requirement of ORS 183.310 to 183.550, the State Board of Education shall:

(a) Establish state standards for public kindergartens and public elementary and secondary schools consistent with the policies stated in ORS 326.011.

(b) Adopt rules for the general governance of public kindergartens and public elementary and secondary schools and public community colleges.

(c) Prescribe required or minimum courses of study.

(d) Adopt rules regarding school and interscholastic activities in accordance with standards established pursuant to paragraph (f) of this subsection.

(e) Adopt rules that provide that no public elementary or secondary school shall discriminate in determining participation in interscholastic activities. [Discrimination is as defined] As used in this paragraph, “discrimination” has the meaning given that term in ORS 659.850.

(f) Adopt standards applicable to voluntary organizations that administer interscholastic activities as provided in ORS 339.430.

(g) Adopt rules that will eliminate the use and purchase of elemental mercury, mercury compounds and mercury-added instructional materials by public elementary and secondary schools.

(2) The State Board of Education may:

(a) Consistent with the laws of this state, accept money or property not otherwise provided for under paragraph (b) of this subsection, which is donated for the use or benefit of the public kindergartens and public elementary and secondary schools and public community colleges and use such money or property for the purpose for which it was donated. Until it is used, the board shall deposit any money received under this paragraph in a special fund with the State Treasurer as provided in ORS 293.265 to 293.275.

(b) Apply for federal funds and accept and enter into any contracts or agreements in behalf of the state for the receipt of such funds from the federal government or its agencies for educational purposes, including but not limited to any funds available for the school lunch program, for career education purposes, for professional technical educational purposes, for adult education, for manpower programs and any grants available to the state or its political subdivisions for general federal aid for public kindergartens and public elementary and secondary schools and public community colleges and their auxiliary services, improvement of teacher preparation, teacher salaries, construction of school buildings, administration of the Department of Education and any other educational activities under the jurisdiction of the State Board of Education.

(3) The State Board of Education shall provide a separate, identifiable place on its agenda six times a year for community college issues. The state board may also consider matters affecting community colleges at any regular or special meeting.

NOTE: Conforms (1)(e) to legislative style.

SECTION 147. ORS 327.405 is amended to read:

327.405. The Common School Fund shall be composed of the proceeds from the sales of the 16th and 36th sections of every township or of any lands selected in lieu thereof, all the moneys and clear proceeds of all property [which] that may accrue to the state by escheat or forfeiture, the proceeds of all gifts, devises and bequests made by any person to the state for common school purposes, the proceeds of all property granted to the state when the purpose of such grant is not stated, all proceeds of the sale of submerged and submersible lands as described in ORS 274.005, all proceeds of the sale of the South Slough [Estuarine Sanctuary] National Estuarine Research Reserve as described in ORS 273.553 in the event such property is sold, and all proceeds of the sale of the 500,000 acres of land to which this state is entitled by an Act of Congress approved September 4, 1841, and of all lands selected for capitol building purposes under Act of Congress approved February 14, 1859. All such proceeds shall become a part of the Common School Fund. Except as otherwise provided by law, the income from the Common School Fund shall be applied exclusively to the support and maintenance of common schools in each school district. All lawful claims for repayment of moneys under the provisions of ORS 98.302 to 98.436 and 98.992, or out of escheated estates and for attorney fees and all other expenses in any suit or proceeding relating to escheated estates shall be audited by the Division of State Lands and paid from the Common School Fund Account.

NOTE: Corrects title and syntax.

SECTION 148. ORS 333.195 is amended to read:

333.195. (1) The district boundary board shall proceed to zone or rezone the county school district in the manner provided in this section immediately following any election in which the formation of or any consolidation involving such district is approved by the electors. Thereafter, upon a petition being filed with the district boundary board signed by not fewer than three members of the county school board or by not fewer than 100 electors of the county school district, which alleges that the district boundary board has not held a public hearing for the rezoning of the school district for a period of at least 10 years prior to the filing of the petition and requests the district boundary board to hold such a hearing, the district boundary board shall, if it finds that the petition complies with the law and that its allegations are true, proceed in the manner provided in this section.

(2) The district boundary board shall by resolution set a time and place for a public hearing for the zoning of the school district and shall cause notice of such time and place to be published in the manner provided by ORS 330.400.

(3) At the time and place set for the hearing, which place shall be the office of the district boundary board or the place within the county school district designated in the resolution, the district boundary board shall hear and receive the oral and written statements and recommendations of the electors and property owners of the county school district and of the school board of the district and if held following a consolidation election the electors, property owners and school board of the consolidated district.

(4) Following the hearing the district boundary board may meet from time to time, without further notice, for the purpose of zoning the district. It shall consider the statements and recommendations received at the public hearing. It may consider any school records, the school census, the federal census and state certificates of population and may request the State Board of Higher Education to conduct an actual count of the population within the school district or any proposed zone pursuant to the provisions of ORS 190.520 [(2)] (1)(b). It may retain or employ appropriate professional and other special assistance reasonably required to conduct its investigation.

(5) At the conclusion of its investigation and deliberation, the district boundary board shall divide the county school district into five or seven zones for the election of school directors. Each zone shall be as nearly equal in population as each other zone.[; provided,] However, [that] in the division of any county school district [which] that contains territory within a union high school district [which] that is exempted from the county school district tax for high school purposes by ORS 333.050, the district boundary board shall provide that not [less] fewer than three of the zones [must] lie wholly outside the boundaries of the union high school district.

(6) The district boundary board shall adopt a resolution setting forth by metes and bounds the description of each of the five or seven zones and shall designate each zone by number or name. Upon adopting the resolution, the zones shall henceforth and until the next rezoning be the zones for election of directors of the county school district.

NOTE: Reflects renumbering in (4); see section 89 (amending 190.520). Corrects punctuation and syntax in (5).

SECTION 149. ORS 339.155 is amended to read:

339.155. (1) [No] A district school board or public charter school as defined in ORS 338.005 [shall] may not require payment of fees as a condition of admission to those pupils entitled under the law to free admission. However, the following are not considered as conditions of admission:

(a) Pursuant to ORS 339.141, but subject to ORS 339.147, tuition may be charged for courses not part of the regular school program.

(b) [No] A charge [shall] may not be made for a standard, prescribed textbook but a security deposit may be required, which may be refunded if the textbook is returned in usable condition. Supplemental texts shall be made available on loan.

(c) A deposit may be charged for a lock for a locker.

(2) A district school board or public charter school may require pupils who do not furnish their own attire for physical education classes to pay an appropriate fee for uniforms provided by the district or public charter school.

(3) A district school board or public charter school may require pupils who do not provide appropriate towels for physical education classes to pay a fee for use of towels provided by the district or public charter school.

(4)(a) A district school board or public charter school may require payment of fees for the use of musical instruments owned or rented by the district or public charter school[, the fee not to exceed]. The district school board or public charter school may not charge a fee that exceeds the rental cost of the instrument to the district or public charter school or the annual depreciation plus actual maintenance cost for each instrument[; except that].

(b) Notwithstanding paragraph (a) of this subsection, a district school board or public charter school may not require payment of fees for the use of a musical instrument from children exempt from tuition under ORS 339.147. The district school board or public charter school shall [be loaned] lend musical instruments, [by the school district or public charter school] without charge, to children exempt from tuition under ORS 339.147.

(5) Subject to ORS 339.147, a district school board or public charter school may require payments of fees in any of the following:

(a) In any program where the resultant product, in excess of minimum course requirements and at the pupil's option, becomes the personal property of the pupil.

(b) Admission fees or charges for extracurricular activities where pupil attendance is optional.

(c) A security deposit conditioned on the return of materials, supplies or equipment including athletic equipment.

(d) Items of personal use or products which a pupil may purchase such as student publications, class rings, annuals and graduation announcements.

(e) Field trips considered optional to a district's or public charter school's regular school program.

(f) Any authorized voluntary pupil health and accident benefit plan.

(g) As used in this subsection, “minimum course requirements” means any product required to be produced to meet the goals of the course.

NOTE: Conforms syntax and punctuation to legislative style in (1) and (4).

SECTION 150. ORS 339.460 is amended to read:

339.460. (1) [Home school] Homeschooled students shall not be denied by a school district the opportunity to participate in all interscholastic activities if the student fulfills the following conditions:

(a) The student must meet all school district eligibility requirements with the exception of:

(A) The school district's school or class attendance requirements; and

(B) The class requirements of the voluntary association administering interscholastic activities.

(b)(A) The student must achieve a minimum score on an examination from the list adopted by the State Board of Education pursuant to ORS 339.035. The examination shall be taken at the end of each school year and shall be used to determine eligibility for the following year. The minimum, composite test score that a student must achieve shall place the student at or above the 23rd percentile based on national norms. The parent or legal guardian shall submit the examination results to the school district; or

(B) A school district may adopt alternative requirements, in consultation with the parent or legal guardian of a [home school] homeschooled student, that a student must meet to participate in interscholastic activities, including but not limited to a requirement that a student submit a portfolio of work samples to a school district committee for review to determine whether a student is eligible to participate in interscholastic activities.

(c) Any public school student who chooses to be [home schooled] homeschooled must also meet the minimum standards as described in paragraph (b) of this subsection. The student may participate while awaiting examination results.

(d) Any public school student who has been unable to maintain academic eligibility shall be ineligible to participate in interscholastic activities as a [home school] homeschooled student for the duration of the school year in which the student becomes academically ineligible and for the following year. The student must take the required examinations at the end of the second year and meet the standards described in paragraph (b) of this subsection to become eligible for the third year.

(e) The [home school] homeschooled student shall be required to fulfill the same responsibilities and standards of behavior and performance, including related class or practice requirements, of other students participating in the interscholastic activity of the team or squad and shall be required to meet the same standards for acceptance on the team or squad. The [home school] homeschooled student must also comply with all public school requirements during the time of participation.

(f) A [home school] homeschooled student participating in interscholastic activities must reside within the attendance boundaries of the school for which the student participates.

(2) As used in this section:

(a) “Board” means the State Board of Education.

(b) “[Home school] Homeschooled students” are those children taught by private teachers, parents or legal guardians as described in ORS 339.030.

(c) “Interscholastic activities” includes but is not limited to athletics, music, speech, and other related activities.

NOTE: Corrects word choice.

SECTION 151. ORS 339.505 is amended to read:

339.505. (1) For purposes of the student accounting system required by ORS 339.515, the following definitions shall be used:

(a) “Graduate” means an individual who has:

(A) Not reached 21 years of age or whose 21st birthday occurs during the current school year;

(B) Has met all state requirements and local requirements for attendance, competence and units of credit for high school; and

(C) Has received one of the following:

[(A)] (i) A high school diploma issued by a school district.

[(B)] (ii) An adult high school diploma issued by an authorized community college.

[(C)] (iii) A modified high school diploma based on the successful completion of an individual education plan.

(b) “School dropout” means an individual who:

(A) Has enrolled for the current school year, or was enrolled in the previous school year and did not attend during the current school year;

(B) Is not a high school graduate;

(C) Has not received a General Educational Development (GED) certificate; and

(D) Has withdrawn from school.

(c) “School dropout” does not include a student described by at least one of the following:

(A) Student has transferred to another educational system or institution that leads to graduation and the school district has received a written request for the transfer of the student's records or transcripts.

(B) Student is deceased.

(C) Student is participating in home instruction paid for by the district.

(D) Student is being taught by a private teacher, parent or legal guardian pursuant to ORS 339.030 (1)(c) or (d).

(E) Student is participating in a Department of Education approved public or private education program, an alternative education program as defined in ORS 336.615[, a Department of Human Services facility] or a hospital education program, or is residing in a Department of Human Services facility.

(F) Student is temporarily residing in a shelter care program certified by the Oregon Youth Authority or the Department of Human Services or in a juvenile detention facility.

(G) Student is enrolled in a foreign exchange program.

(H) Student is temporarily absent from school because of suspension, a family emergency, or severe health or medical problems which prohibit the student from attending school.

(I) Student has received a General Educational Development (GED) certificate.

(2) The State Board of Education shall prescribe by rule when an unexplained absence becomes withdrawal, when a student is considered enrolled in school, acceptable alternative education programs under ORS 336.615 to 336.665 and the standards for excused absences for purposes of ORS 339.065 for family emergencies and health and medical problems.

NOTE: Restructures (1)(a) to conform to legislative style; clarifies meaning in (1)(c)(E).

SECTION 152. 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] When significantly adverse impact is alleged by one or more of the agencies listed in this subsection, the affected 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) The State Board of Education.

(b) The State Board of Higher Education.

(c) Community college [district] districts.

(d) Independent [college] colleges.

(e) Proprietary [school] schools.

(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 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.

NOTE: Corrects word choice and refines syntax in (2).

SECTION 153. ORS 344.710 is amended to read:

344.710. As used in ORS 344.720 and 344.730, “rehabilitation facility” means a nonprofit sheltered or community-based service established and operated by a public or private organization to provide two or more of the following services for individuals with disabilities:

(1) Vocational assessment.

(2) Community integration.

(3) Training.

(4) Employment.

NOTE: Provides context for definition.

SECTION 154. ORS 348.702, as amended by section 4, chapter 6, Oregon Laws 2002 (third special session), is amended to read:

348.702. (1) There is created within the Education Stability Fund the Oregon Growth Account, to which shall be credited 10 percent of the funds transferred under section 4, Article XV, Oregon Constitution, from the Administrative Services Economic Development Fund to the Education Stability Fund. Separate records shall be maintained for moneys in the Oregon Growth Account that are available for the purposes specified in subsection (2) of this section. The account may be credited with such unrestricted appropriations, gifts, donations, grants or contract proceeds from any source, with investments or funds from any source, and with returns on investments made from the account.

(2) The purpose of the Oregon Growth Account is to earn returns for the Education Stability Fund by making investments in or [to provide] by providing seed capital for emerging growth businesses in key industries.

(3) The investment of funds in the Oregon Growth Account shall be governed by the Oregon Growth Account Board.

NOTE: Improves syntax in (2).

SECTION 155. ORS 351.067 is amended to read:

351.067. (1) In carrying out its authority under ORS 351.070, the State Board of Higher Education may authorize receipt of compensation for any officer or employee of the Oregon University System from private or public resources, including, but not limited to, income from:

(a) Consulting;

(b) Appearances and speeches;

(c) Intellectual property conceived, reduced to practice or originated and therefore owned within the [state] Oregon University System;

(d) Providing services or other valuable consideration for a private corporation, individual, or entity, whether paid in cash or in-kind, stock or other equity interest, or anything of value regardless of whether there is a licensing agreement between the [state] Oregon University System and the private entity; and

(e) Performing public duties paid by private organizations, including institution corporate affiliates, which augment an officer's or employee's publicly funded salary. Such income shall be authorized and received in accordance with policies and rules established by the board.

(2) The board shall not authorize compensation, as defined in subsection (1) of this section, that, in the board's judgment, does not comport with the mission of the institution and the [higher education] Oregon University System or substantially interferes with an officer's or employee's duties to the [state] Oregon University System.

(3) Any compensation, described and authorized under subsection (1) of this section, shall be considered official salary, honorarium or reimbursement of expenses for purposes of ORS 244.040. If authorization or receipt of such compensation creates a potential conflict of interest, the potential conflict shall be reported in writing in accordance with rules of the state board. The disclosure is a public record subject to public inspection.

(4) The state board shall adopt by rule standards governing employee outside employment and activities, including potential conflict of interest, as defined by state board rule and consistent with ORS 244.020, and the public disclosure thereof, and procedures for reporting and hearing potential or actual conflict of interest complaints.

NOTE: Utilizes proper title in (1) and (2).

SECTION 156. ORS 351.070 is amended to read:

351.070. (1) The Oregon University System, in accordance with rules adopted by the State Board of Higher Education, shall implement a personnel system and may engage in collective bargaining with its employees. All collective bargaining with any certified or recognized exclusive employee representative shall be under the direction and supervision of the Chancellor of the Oregon University System. The Oregon University System shall have payroll authority pursuant to ORS 292.043 to 292.180.

(2)(a) The board shall establish competitive procedures for the purchasing, procurement and contracting of goods and services for the benefit of the Oregon University System and all the institutions, departments and activities therein.

(b) The board shall ensure that the hourly rate of wage paid by any contractor upon all public improvements contracts undertaken for the board shall not be less than the same rate of wage as determined by the Bureau of Labor and Industries for an hour's work in the same trade or occupation in the locality where such labor is performed. Claims or disputes arising under this subsection shall be decided by the Commissioner of the Bureau of Labor and Industries.

(c) The board shall adopt policies and procedures that achieve results equal to or better than the standards existing on July 17, 1995, regarding affirmative action, pay equity for comparable work, recycling, the provision of workers' compensation insurance to workers on contract and the participation of emerging small businesses and businesses owned by minorities and women.

(3) The board may, for each institution under its control:

(a) Appoint and employ a president and the requisite number of professors, teachers and employees, and prescribe their compensation and tenure of office or employment.

(b) Demand and receive the interest mentioned in ORS 352.510 and all sums due and accruing to the institutions of higher education for admission and tuition therein, and apply the same, or so much thereof as is necessary, to the payment of the compensation referred to in paragraph (a) of this subsection and the other current expenses of the institutions.

(c) Prescribe fees for enrollment into the institutions. Such enrollment fees shall include tuition for education and general services and such other charges found by the board to be necessary to carry out its educational programs. The board may award student aid from any fund other than the General Fund.

(d) Prescribe incidental fees for programs under the supervision or control of the board found by the board, upon its own motion or upon recommendation of the recognized student government of the institution concerned, to be advantageous to the cultural or physical development of students. Fees realized in excess of amounts allocated and exceeding required reserves shall be considered surplus incidental fees and shall be allocated for programs under the control of the board and found to be advantageous to the cultural or physical development of students by the institution president upon the recommendation of the recognized student government at the institution concerned.

(e) Upon recommendation of the recognized student government, collect optional fees authorized by the institution executive, for student activities not included in paragraph (c) or (d) of this subsection. The payment of such optional fees shall be at the option and selection of the student and shall not be a prerequisite of enrollment.

(f) Confer, on the recommendation of the faculty of any such institution, such degrees as usually are conferred by such institutions, or as they deem appropriate.

(g) Prescribe the qualifications for admission into such institutions.

(4) Subject to such delegation as the board may decide to make to the institutions, divisions and departments under its control, the board, for each institution, division and department under its control[, shall]:

(a) Shall supervise the general course of instruction therein, and the research, extension, educational and other activities thereof.

(b) Shall adopt rules and bylaws for the government thereof, including the faculty, teachers, students and employees therein.

(c) Shall maintain cultural and physical development services and facilities therefor and, in connection therewith, may cooperate and enter into agreements with any person or governmental agency[; and].

(d) May provide student health services and contract therefor.

[(d)] (e) Shall prescribe and collect charges.

[(e)] (f) Shall adopt rules relating to the creation, use, custody and disclosure, including access, of student education records of the institutions that are consistent with the requirements of applicable state and federal law. Whenever a student has attained 18 years of age or is attending an institution of post-secondary education, the permission or consent required of and the rights accorded to a parent of the student regarding education records shall thereafter be required of and accorded to only the student.

(5) For each institution under its jurisdiction, the board shall provide opportunities for part-time students to obtain complete undergraduate degrees at unconventional times, which include but are not limited to early morning and noon hours, evenings and weekends. In administering these degree programs, the institution may use any educational facility available for the use of the institution.

NOTE: Recasts paragraphs and corrects punctuation in (4).

SECTION 157. ORS 351.450 is amended to read:

351.450. (1) The moneys realized from sales of bonds issued to construct, improve, repair, equip and furnish buildings and other structures for higher education, and to purchase and improve sites therefor, shall be credited to a special fund in the State Treasury separate and distinct from the General Fund, to be designated the Higher Education Bond Building Fund.

(2) In the Higher Education Bond Building Fund there shall be:

(a) A separate subfund for the credit of moneys realized from sales of bonds issued pursuant to Article XI-F(1) of the Oregon Constitution and ORS 351.350;

(b) [there shall be] A separate subfund for the credit of moneys realized from sales of bonds issued pursuant to Article XI-G of the Oregon Constitution[,] and ORS 351.345; and

(c) [there shall be] A separate subfund for the credit of moneys realized from the sales of revenue bonds issued pursuant to ORS 288.855.

(3) The moneys received from the issuance of temporary bonds under ORS 351.470 for the purpose of interim financing pending the sale of the bonds shall also be credited to the appropriate subfund of the Higher Education Bond Building Fund.

(4) The moneys in the fund hereby are appropriated to defray the costs of the projects to be financed through sale of the bonds and for the purpose of retiring temporary bonds issued under ORS 351.470[,] and shall not be used for any other purpose, except that such moneys may, with the approval of the State Treasurer, be invested until needed. If a surplus remains after application to such purpose, the surplus, and earnings from temporary investments, shall be credited to the Higher Education Bond Sinking Fund by the appropriate subfund.

NOTE: Conforms structure to legislative style; corrects syntax and punctuation.

SECTION 158. ORS 351.460 is amended to read:

351.460. (1) The State Board of Higher Education shall maintain with the State Treasurer, a Higher Education Bond Sinking Fund, separate and distinct from the General Fund. The Higher Education Bond Sinking Fund shall comprise three separate subfunds to provide for the payment of the principal of and the interest upon the bonds issued under authority of Article XI-F(1) of the Oregon Constitution and ORS 351.350, under authority of Article XI-G of the Oregon Constitution and ORS 351.345, and revenue bonds issued under authority of ORS 288.855. The moneys in [said] the sinking fund hereby are appropriated for such purposes. The [said] fund may be invested by the State Treasurer, and the earnings from such investments shall be credited to the appropriate subfunds of [such] the fund.

(2) The Higher Education Bond Sinking Fund shall consist of all moneys received from ad valorem taxes levied pursuant to ORS 291.445, all moneys that the Legislative Assembly may provide in lieu of such taxes, all of the net revenues received from the projects or undertakings for the financing of which the bonds were issued, including gifts, grants and building fees, such unpledged revenues of buildings and projects of like character as shall be allocated by the board, all moneys received as accrued interest upon bonds sold, all earnings from investments of [said] the fund and the proceeds of the sale of refunding bonds. Moneys credited to the Higher Education Bond Sinking Fund shall be credited to the appropriate subfunds of [such] the fund.

(3) The board may credit the Higher Education Bond Sinking Fund with moneys received from either a sale or interfund transfer of land, buildings and facilities. [Where such] When the land, buildings or facilities are sold, or the use thereof is rededicated so that a transfer from one subfund to the other is appropriate, the moneys received shall be credited to the appropriate subfund.

(4) The board shall apply student building fees, revenues, gifts and grants for the payment of the principal of and the interest upon the bonds issued under authority of Article XI-F(1) of the Oregon Constitution and ORS 351.350 and under authority of ORS 288.855 until such time as the proper subfund of [said] the sinking fund and investments thereof, as supplemented by expected future income will, in the judgment of the board, be sufficient to meet in full the principal of and the interest upon all such outstanding bonds. Except for student building fees, income not thus required for the sinking fund shall be transferred to such other fund and account as the board shall designate. Student building fees for buildings constructed from the proceeds of bonds issued under Article XI-F(1) of the Oregon Constitution or ORS 288.855 shall be applied only to those projects authorized under Article XI-F(1) of the Oregon Constitution or ORS 288.855.

(5)(a) The [said] board may not use the sinking fund [shall not be used] for any purpose other than [those] the purposes for which the fund was created[; but should].

(b) Notwithstanding paragraph (a) of this subsection, the board may transfer any surplus in the sinking fund to other funds designated by the board if a balance [remain therein] remains in the sinking fund from sources other than student building fees for buildings constructed from the proceeds of bonds issued under Article XI-F(1) of the Oregon Constitution [after] and:

(A) The purposes for which the fund was created have been fulfilled; or [after]

(B) A reserve sufficient to meet all existing and future obligations and liabilities of the fund has been set aside[, the surplus remaining may be transferred to such other fund as the board may designate].

NOTE: Adjusts syntax; reformats and corrects punctuation in (5).

SECTION 159. ORS 351.676 is amended to read:

351.676. As used in ORS 351.676 to 351.691:

(1) “Board” means the Higher Education Technology Transfer Fund Board established in ORS 351.680.

(2) “Eligible higher education institution” means a higher education institution that the board determines meets the criteria adopted by rule by the board under ORS 351.683 (4).

[(2)] (3) “Higher education institution” means:

(a) A community college as defined in ORS 341.005.

(b) A private higher education institution.

(c) The Oregon Health and Science University.

(d) A state institution of higher education listed in ORS 352.002.

(e) The Department of Higher Education.

[(3) “Eligible higher education institution” means a higher education institution that the board determines meets the criteria adopted by rule by the board under ORS 351.683 (4).]

(4) “Private higher education institution” means a private and independent institution of higher education as defined in ORS 352.720.

(5) “Technology transfer” means any activity that is intended to lead to the sale, license, assignment or other grant of a right to use specified intellectual property assets developed, owned or controlled by a higher education institution. Intellectual property assets include, but are not limited to, any right, title or interest arising out of a patent, copyright, trade secret, trademark or other analogous proprietary right.

NOTE: Alphabetizes definitions.

SECTION 160. ORS 357.925 is amended to read:

357.925. (1) There is established the office of Poet Laureate of the State of Oregon for the purpose of honoring those resident poets of Oregon who have been most responsible for capturing the beauty and spirit of the state through the medium of verse.

(2) The person appointed to the office of Poet Laureate of the State of Oregon must be a person who:

(a) Has been a resident of Oregon for at least 10 years.

(b) Is presently a resident of Oregon.

(c) Is publicly recognized and well regarded as a poet.

(3) Within one year after the office of Poet Laureate is created or thereafter becomes vacant, the Governor shall appoint [some] a qualified person to the office of Poet Laureate of the State of Oregon to serve at the pleasure of the Governor for a term of four years.

NOTE: Adjusts syntax in (3).

SECTION 161. ORS 366.512 is amended to read:

366.512. (1) The Department of Transportation shall collect all registration fees for campers, manufactured structures, motor homes and travel trailers. Such fees shall be paid into the State Parks and Recreation Department Fund.

(2) As used in this section [and in ORS 390.134 (1) to (6)], the words “camper,” “manufactured structure,” “motor home” and “travel trailer” have the meanings given those terms in ORS chapter 801.

NOTE: Eliminates cross-chapter application of definitions and conforms syntax to legislative style in (2).

SECTION 162. ORS 376.505 is amended to read:

376.505. (1) Any person, firm or corporation [who] that requires land for transportation of the raw products of the forest may file with the county clerk of the county in which the land is located:

[(1)] (a) A statement showing the approximate route of any proposed road or railway and a general description of the tract [which] that the road or railway may travel.

[(2)] (b) At the time of filing the statement, a bond in such sum as may be fixed by order of the county court, conditioned upon the payment to the owners of the lands required for the road or railway of any and all damage [which] that the owners may sustain by reason of entry upon the land for the survey or location of the road or way.

(2) When the bond has been filed, such person, firm or corporation shall have the right to enter upon the tract for the purpose of examining, locating or surveying the line of the road or logging railroad.

NOTE: Restructures section; fine-tunes syntax.

SECTION 163. ORS 376.745 is amended to read:

376.745. (1) The resolution of intention shall be published in a newspaper of general circulation published within the county, city or city and county, as the case may be. The first publication shall be not less than 60 days prior to the date fixed therein for hearing. In a city where no such newspaper is published, the resolution shall instead be so published in a newspaper of general circulation published in the county in which the city is located.

(2) Copies of the resolution headed “Notice of Intention to Establish a Pedestrian Mall” in letters at least one-half inch in height shall be posted not more than 300 feet apart as follows:

(a) On all city streets, or portions thereof, proposed to be established as a pedestrian mall.

(b) On all intersecting streets.

(c) If assessments are to be levied as contemplated by ORS 376.735, then upon all open streets within the district described in the resolution pursuant to such section.

(3) [Such] Copies shall be posted not less than 60 days prior to the hearing.

NOTE: Reformats section.

SECTION 164. ORS 377.790 is amended to read:

377.790. Pursuant to the terms of a written agreement between the Department of Transportation and the Travel Information Council:

(1) The department shall furnish, erect and maintain motorist informational signs, logo signs, tourist oriented directional signs and sign plazas as requested by the council. Such signs shall be erected and maintained at locations the council considers appropriate. The department may contract for the furnishing, erection and replacement of all such sign plazas, logo signs, tourist oriented directional signs and motorist informational signs to be erected upon a state highway, in tourist information centers, rest areas or other places.

(2) In carrying out its responsibilities under ORS 377.700 to 377.840 the council may enter into contractual or other agreements with a city, county or other governmental agency of this state or with an independent contractor providing for the erection, maintenance, administration and operation of sign plazas, logo signs, tourist oriented directional signs and motorist [information] informational signs and collection of the permit fees charged therefor[;], or for other matter authorized under ORS 377.700 to 377.840 requiring council consideration. When soliciting contracts for goods or professional services, the council shall:

(a) Require that an independent contractor, city, county or other governmental agency of the state submit a competitive bid;

(b) Review bids submitted;

(c) Select the contractor; and

(d) Enter into a written contract with the selected contractor, subject to contract specifications established by the department.

NOTE: Corrects word choice and punctuation in (2).

SECTION 165. ORS 377.795 is amended to read:

377.795. (1) Whenever the Travel Information Council establishes a telephone reservation system for lodging accommodations or other travel services at a sign plaza, the costs thereof shall be apportioned among the subscribing motels, hotels, trailer parks, campgrounds or providers of other travel services on a per room or other equitable basis.

(2)(a) Whenever the council establishes a tourist and motorist information Internet webpage, or cooperates with the Department of Transportation or another public or private entity to provide information about travel services through an Internet webpage, the council may charge a fee for advertisement by, or information provided on the Internet webpage on behalf of, the providers of travel services.

(b) The council may not place an advertisement for a provider of travel services on an Internet webpage identified as a department webpage. The department may place a link to the council's Internet webpage on an Internet webpage identified as a department webpage.

(3) If the council and the Department of Transportation decide to use the telephone system or the tourist and motorist information Internet webpage for emergency or other services, an appropriate portion of the overall telephone and Internet costs shall be borne by the department.

(4) Receipts shall be deposited monthly, before the 10th day of the month, to the Travel Information Council account required by ORS 377.840.

(5) The council may enter into one or more contracts providing for the promotion and sale of logos, motorist [information] informational signs, sign plazas, subscriptions to the telephone reservation service and subscriptions to the tourist and motorist information Internet webpage.

NOTE: Corrects word choice in (5).

SECTION 166. ORS 390.134 is amended to read:

390.134. (1) As used in this section:

(a) The terms “camper,” “manufactured structure,” “motor home” and “travel trailer” have the meanings given those terms in ORS chapter 801.

(b) “County” includes a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement.

(2) The State Parks and Recreation Department Fund is established separate and distinct from the General Fund. [The following apply to the fund established by subsections (1) to (6) of this section:]

[(1)] The fund shall consist of the following:

(a) All moneys placed in the fund as provided by law. Any interest or other income derived from the depositing or other investing of the fund shall be credited to the fund.

(b) All registration fees received by the Department of Transportation for campers, manufactured structures, motor homes and travel trailers which are transferred to the fund under ORS 366.512. Such funds shall be deposited in a separate subaccount established under subsection [(2)] (3) of this section.

(c) Revenue from fees and charges pursuant to ORS 390.124.

[(2)] (3) Any moneys placed in the fund for a particular purpose may be placed in a separate subaccount within the fund. Each separate subaccount established under this subsection shall be separately accounted for. Moneys placed in a subaccount shall be used for the purposes for which they are deposited.

[(3)] (4) All of the moneys in the fund except those moneys described in subsection [(2), (4), (5) or (6)] (3), (5), (6) or (7) of this section shall be deposited in a separate subaccount within the fund [under subsections (1) to (6) of this section] and shall be used by the State Parks and Recreation Department for the acquisition, development, maintenance, care and use of park and recreation sites. The moneys in the subaccount under this subsection shall be accounted for separately and shall be stated separately in the State Parks and Recreation Department's biennial budget.

[(4)] (5) Thirty percent of the amount transferred to the State Parks and Recreation Department under ORS 366.512 from the registration of travel trailers, campers and motor homes and under ORS 803.601 from recreational vehicle trip permits shall be deposited in a separate subaccount within the fund [under subsections (1) to (6) of this section] and is appropriated for the maintenance, care and use of county park and recreation sites. The moneys in the subaccount under this subsection shall be accounted for separately. The following apply to the distribution of moneys under this subsection:

(a) The appropriation shall be distributed among the several counties for the purposes described in this subsection. The distribution shall be made at times determined by the State Parks and Recreation Department but shall be made not less than once a year.

(b) The sums designated under this subsection shall be remitted to the county treasurers of the several counties by warrant.

(c) The department shall establish an advisory committee to advise the department in the performance of its duties under this subsection. The composition of the advisory committee under this subsection shall be as determined by the department by rule. In determining the composition of the advisory committee, the department shall attempt to provide reasonable representation for county officials or employees with responsibilities relating to county parks and recreation sites.

(d) The department, by rule, shall establish a program to provide moneys to counties for the acquisition, development, maintenance, care and use of county park and recreation areas. The rules under this paragraph shall provide for distribution of moneys based on use and need and, as the department determines necessary, on the need for the development and maintenance of facilities to provide camping sites for campers, motor homes and travel trailers.

[(e) As used in subsections (1) to (6) of this section, “county” shall include a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement.]

[(5)] (6) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290.

[(6)] (7) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS 390.290.

[(7)] (8) On or before January 15 of each odd-numbered year, the State Parks and Recreation Director shall report to the Joint Legislative Committee on Ways and Means created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256 in the [State Parks and Recreation Department] fund. The director shall make the report in a form and manner as the committee may prescribe.

NOTE: Consolidates applicable definitions in (1); see section 161 (amending 366.512). Deletes inappropriate internal references and reflects renumbering.

SECTION 167. ORS 390.139 is amended to read:

390.139. (1) The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregon's state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assigning each volunteer to a specific state park. The program shall be called the Oregon Adopt-a-Park Program.

(2) Private landowners with parks adjacent to their property are vital to the success of the Oregon Adopt-a-Park Program. The State Parks and Recreation Department shall ensure that participants in the program comply with requirements to obtain permission from landowners for access across private property if necessary to perform the volunteers' duties.

(3) Program funding is an authorized use of the State Parks and Recreation Department Fund under ORS 390.134 [(1) to (6)].

(4) The State Parks and Recreation Department may adopt any rules necessary for implementation of the Oregon Adopt-a-Park Program.

(5) An agreement entered into between the State Parks and Recreation Department and a volunteer under subsection (1) of this section shall include but need not be limited to:

(a) Identification of the designated state park. The volunteer may request a specific state park the volunteer wishes to adopt, but the assignment shall be at the discretion of the State Parks and Recreation Department. In assigning parks, the department shall coordinate and cooperate with affected federal, state and local management agencies and private landowners.

(b) Specification of the duties of the volunteer.

(c) Specification of the responsibilities of the volunteer. The volunteer shall agree to abide by all rules related to the program that are adopted by the State Parks and Recreation Department.

(d) Specification of the duration of the agreement. The volunteer shall contract to care for the designated state park for one year.

(6) The State Parks and Recreation Department shall create a recognition program to acknowledge the efforts of volunteers, agencies and businesses that participate in the Oregon Adopt-a-Park Program.

(7) The State Parks and Recreation Department may provide trash bags, supplies, equipment and safety information and assistance to the participating volunteers.

(8) As used in this section, “volunteer” may include an individual, a group of individuals, a volunteer group or service club, or any entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code, as amended.

NOTE: Deletes unnecessary subsection reference in (3).

SECTION 168. ORS 390.332 is amended to read:

390.332. (1) Except as otherwise provided in subsection (4) of this section, [immediately after October 5, 1973,] the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain.

(2) Each scenic easement acquired under subsection (1) of this section shall:

(a) Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands.

(b) Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands.

(c) Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain.

(d) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(e) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(3) Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 to 390.368, shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 to 390.368.

(4) The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, [are] were devoted to farm use, as defined in ORS 215.203 (2) or [are] were a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS 390.334. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use.

NOTE: Eliminates outdated language in (1); corrects grammar in (4).

SECTION 169. ORS 390.971 is amended to read:

390.971. (1) Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as provided in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may do any of the following:

(a) Enter into written cooperative agreements with landowners, federal agencies, other state agencies, local governments, private organizations and individuals[,] in order to provide for the development, operation, maintenance, location and relocation of the trail[;]. Where the trail crosses commercial forestland, such agreement shall make reasonable provision for temporary relocation reasonably required for commercial forest management[; and].

(b) Subject to limitations set forth in ORS 390.950 to 390.989 and 390.995 (2), acquire lands or interests in lands by donation, purchase with donated or appropriated funds or exchange, or with funds obtained under ORS 390.980.

(2) The department, in the exercise of its exchange authority, may accept title to any nonstate-owned property within a trail right of way, and, in exchange therefor, the department[it] may convey to the grantor of such property any state-owned property under its jurisdiction [(] or the jurisdiction of any state agency consenting to such exchange[) and which it (] that the department or the applicable consenting state agency[)] classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal[,] or, if they are not approximately equal, the values shall be equalized by the payment of cash to the grantor or to the department [(] or applicable consenting state agency[)] as the circumstances require.

(3) If lands included in an Oregon recreation trail right of way are outside the exterior boundaries of state or federally administered areas, the department shall attempt, and any local governments involved shall be encouraged, to enter into written cooperative agreements with landowners, local government, private organizations[,] and individuals in order to develop, administer[,] and maintain the trails[,] and to acquire, develop[,] and administer such lands or interests therein. However[:],

[(a)] if the department or local governments fail or are unable to enter into such agreements or to acquire such lands or interests therein within one year after the selection of the right of way, the department may acquire private lands or interests therein by donation, exchange[,] or purchase with donated or appropriated funds[,] and may develop and administer such lands or interests therein.

[(b)] Exchanges shall be governed by the provisions of subsection (2) of this section.

(4) Oregon recreation trails shall be administered, protected, developed and maintained by the department, or as provided under subsection (1)(a) of this section, to retain their natural, scenic and historic features. Along trails in more remote areas, provision may be made for campsites, shelters and related public-use facilities[; and]. Other uses, including reasonable crossings [(] for motor vehicles, public utilities and water pipes and ditches[)], that will not substantially interfere with the nature and purposes of the trails may be permitted or authorized, as appropriate. The use of motorized vehicles by the general public along any such Oregon recreation trail is prohibited. However, the department shall authorize the use of motorized vehicles when, in its judgment, such vehicles are necessary to meet emergencies, trail construction and maintenance needs or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights. The fact that private lands are included in an Oregon recreation trail by cooperative agreement of a landowner does not preclude the owner of such lands or agents of the owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with such agreement. Except to the extent otherwise provided by law, the state laws, rules and regulations applicable to lands or areas included in any Oregon recreation trail shall continue to apply. Nothing in ORS 390.950 to 390.989 and 390.995 (2) prohibits the use of roads existing on private lands on September 9, 1971, which may cross or traverse portions of the trail right of way, nor shall ORS 390.950 to 390.989 and 390.995 (2) prevent trails from crossing such roads.

(5) The department shall endeavor to induce agreements with appropriate state and federal agencies to provide for youth work projects to assist in the construction and maintenance of trails that are part of the Oregon recreation trails system.

(6) The department shall endeavor, when it considers such to be appropriate, to develop and enhance the educational values and opportunities of Oregon recreation trails[; and]. In this connection [it] the department shall cooperate with schools, educators and other interested persons or groups in developing and utilizing techniques and materials to demonstrate to and inform the trail-using public of various scenic and natural features visible along or from such trails, [(] including geological, botanical, historical, zoological and similar features[)].

(7) The department shall place and endeavor to maintain signs at such places as it considers appropriate along Oregon recreation trails advising users of the Oregon laws of criminal trespass and encouraging users to protect the trails and the rights and property of adjacent landowners.

(8) The department, with the concurrence of any federal agency administering lands through which an Oregon recreation trail passes, and after consultation with the local governments, private organizations and landowners [which] that the department knows or believes to be concerned, and the advisory council established under ORS 390.977, may adopt rules that may be revised from time to time governing protection, management, use, development and administration of an Oregon recreation trail.

(9) The department, on lands not within a forest protection district, upon recommendation of the State Forester, shall have the authority to close trails during periods of high fire danger. The department shall also have the authority to close trails if it deems it necessary to protect the safety of the public.

(10) Notwithstanding the provisions of ORS chapter 477, forestland on which a fire exists that was caused by a person using, for recreational purposes, a trail established pursuant to ORS 390.950 to 390.989, shall not be considered an operation area as defined by ORS 477.001, if the fire did not start within an operation.

NOTE: Reworks section to conform syntax, punctuation and structure to legislative style.

SECTION 170. ORS 390.992 and 390.995 are added to and made a part of ORS chapter 390.

NOTE: Adds sections to appropriate chapter.

SECTION 171. ORS 398.132 is amended to read:

398.132. (1) Any commissioned officer of the organized militia is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial.

(2) Any warrant officer of the organized militia is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer, who may lawfully be brought before such courts for trial.

(3)(a) Any enlisted member of the organized militia who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member who may lawfully be brought before such courts for trial, but shall serve as a member of a court only if, before the conclusion of a session called by the military judge under ORS 398.209, prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be convened and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained.

(b) As used in this [section, the word] subsection, “unit” means any regularly organized body of the organized militia not larger than a company, a squadron or a corresponding body.

(4)(a) When it can be avoided, no person subject to this chapter shall be tried by a court-martial any member of which is junior to the person in rank or grade.

(b) When convening a court-martial, the convening authority shall detail as members thereof such members of the organized militia as, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the organized militia is eligible to serve as a member of a general or special court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.

(5) Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate any authority under this subsection to the State Judge Advocate or designee.

NOTE: Corrects word choice in (3)(b).

SECTION 172. ORS 409.140 is amended to read:

409.140. (1) For purposes of the State Personnel Relations Law, each assistant director appointed under ORS 409.130, and any other officer specifically designated by law, is considered to be the appointing authority with respect to officers and employees under the supervision of the assistant director or other officer, and ORS 240.400 applies to each such appointing authority.

(2) Notwithstanding subsection (1) of this section, the Director of Human Services at any time may assign an employee from one position to another position in the same class or rank within the department [or between its divisions]. Upon making such an assignment or transfer, the director forthwith shall give written notice of the action to the Administrator of the Personnel Division. ORS 240.400 applies to the power vested in the director under this subsection.

NOTE: Sets forth full title and deletes archaic reference in (2).

SECTION 173. ORS 409.420 is amended to read:

409.420. In addition to the Director of Human Services' other responsibilities [in ORS 409.410], the director [of Human Services] shall place special emphasis on all of the following:

(1) Establishing standards for both public and private alcohol and drug abuse prevention, intervention and treatment programs. It is the policy of the Legislative Assembly that all programs providing alcohol and drug abuse related prevention, intervention and treatment services in this state, with public funds, meet the standards established under this subsection.

(2) Providing training for state employees dealing directly with appropriate client groups to insure better recognition and understanding of alcohol and drug abuse problems. Training is also to be directed at increasing knowledge of appropriate and available resources for assisting clients with alcohol and drug abuse problems.

(3) Conducting continuing long-term evaluation of clients and other recipients of services from all Department of Human Services funded programs, for periods of up to 24 months following completion of service, to assess service effectiveness and enable appropriate corrective actions.

(4) [Assuring] Ensuring financial audits and program reviews of alcohol and drug abuse related programs and services [which] that receive funds, including beer and wine tax revenues distributed under ORS 430.380 and 471.810, from any state agency.

NOTE: Eliminates inappropriate reference in lead-in; corrects grammar in (4).

SECTION 174. ORS 409.425 is amended to read:

409.425. (1) For purposes of this section, “inhalant” has the meaning given that term in ORS 167.808.

(2) The Director of Human Services [appointed under ORS 409.410] shall develop education resources focusing on the problem of inhalant abuse by minors. The director shall ensure that special emphasis is placed on the education of parents about the risks of inhalant use. The director shall develop tools to help parents talk to their children about the extraordinary risks associated with even a single use of inhalants, as well as those risks that arise from repeated use.

(3) The director shall develop education resources focusing on merchants that sell products that contain inhalants. The director shall encourage merchants that sell products containing inhalants to post signs that inform the public that using inhalants for the purpose of intoxication is illegal and potentially deadly.

(4) The director shall develop and print a standard sign for the purposes of subsection (3) of this section, and shall make the sign available to merchants that elect to display the sign. The sign shall:

(a) Contain the message, “Illegal to inhale fumes for purpose of intoxication. Fumes may cause serious injury or death!!”

(b) Be at least five by seven inches in size with lettering that is at least three-eighths of an inch in height.

(c) Contain a graphic depiction of the message to convey the message to a person who cannot read the message. If the depiction includes a picture of a person, the depiction of the person shall be of a minor and shall not reflect any specific race or culture.

(5) The sign developed under subsection (4) of this section shall be in English and in such other languages as may be commonly used in this state. Merchants shall be encouraged to post signs in languages other than English if English is not the primary language of a significant number of the patrons of the business.

NOTE: Deletes inaccurate reference in (2).

SECTION 175. ORS 409.520 is amended to read:

409.520. (1) The Pain Management Commission shall consist of 19 members as follows:

(a) Seventeen members shall be appointed by the Director of Human Services. Prior to making appointments, the director shall request and consider recommendations from individuals and public and private agencies and organizations with experience or a demonstrated interest in pain management issues, including but not limited to:

(A) Physicians licensed under ORS chapter 677 or organizations representing physicians;

(B) Nurses licensed under ORS chapter 678 or organizations representing nurses;

(C) Psychologists licensed under ORS 675.010 to 675.150 or organizations representing psychologists;

(D) Physician assistants licensed under ORS 677.495 to 677.545 or organizations representing physician assistants;

(E) Chiropractic physicians licensed under ORS chapter 684 or organizations representing chiropractic physicians;

(F) Naturopaths licensed under ORS chapter 685 or organizations representing naturopaths;

(G) Clinical social workers licensed under ORS [chapter 675] 675.510 to 675.600 or organizations representing clinical social workers;

(H) Palliative care professionals or organizations representing palliative care professionals;

(I) Mental health professionals or organizations representing mental health professionals;

(J) Health care consumers or organizations representing health care consumers;

(K) Hospitals and health plans or organizations representing hospitals and health plans;

(L) Patients or advocacy groups representing patients; and

(M) Members of the public.

(b) Two members shall be members of a legislative committee with jurisdiction over human services issues, one appointed by the President of the Senate and one appointed by the Speaker of the House of Representatives. Both members shall be nonvoting, ex officio members of the commission.

(2) The term of office of each member is four years, but a member serves at the pleasure of the appointing authority. Before the expiration of the term of a member, the appointing authority shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

NOTE: Corrects series reference in (1)(a)(G).

SECTION 176. ORS 409.710 is amended to read:

409.710. (1) The Department of Human Services [shall] may not refer any individual on a job referral that would aid in the filling of a job opening that exists because of a labor dispute[, as defined in ORS 662.010].

(2)[(a)] Notwithstanding any other provision of law, neither the department nor any other state agency may require as a condition of eligibility to receive benefits or services provided by [that] the department or agency that an individual apply for or accept employment at any workplace where there is a labor dispute in progress.

[(b)] (3) As used in this [subsection] section, “labor dispute” has the meaning [for] given that term [provided] in ORS 662.010.

NOTE: Deletes redundant definition in (1); conforms syntax to legislative style.

SECTION 177. ORS 410.600 is amended to read:

410.600. As used in ORS 410.600 to 410.614:

(1) “Activities of daily living” includes but is not limited to the following:

(a) Bathing and personal hygiene;

(b) Dressing and grooming;

(c) Eating;

(d) Mobility;

(e) Bowel and bladder management; and

(f) Cognition.

(2) “Area agency” has the meaning given that term in ORS 410.040.

(3) “Commission” means the Home Care Commission established and operated pursuant to [the Constitution of the State of Oregon] section 11, Article XV of the Oregon Constitution, and ORS 410.600 to 410.614.

(4) “Disabled person” has the meaning given that term in ORS 410.040.

(5) “Elderly” has the meaning given that term in ORS 410.040.

(6) “Home care services” means assistance with activities of daily living and self-management provided by a home care worker in the home of an elderly or disabled person.

(7) “Home care worker” means a person:

(a) Who is hired directly by an elderly person or disabled person [that] who receives moneys from the Department of Human Services for that purpose;

(b) Whose compensation is paid in whole or in part by the department [of Human Services], an area agency or other public agency that receives moneys from the department for that purpose; and

(c) Who provides either hourly or live-in home care services.

(8) “Self-management” includes but is not limited to the following activities, other than activities of daily living, required by an individual to continue living independently in the individual's own home:

(a) Medication and oxygen management;

(b) Transportation;

(c) Meal preparation;

(d) Shopping; and

(e) Client focused general household work.

NOTE: Refines citation in (3); sets out first reference and adjusts syntax in (7).

SECTION 178. ORS 411.060 is amended to read:

411.060. Subject to ORS 417.300 and 417.305, the Department of Human Services [through the Adult and Family Services Division] shall administer and supervise all public assistance programs and adopt and enforce such rules as are necessary to [assure] ensure full compliance with the terms of federal and state laws.

NOTE: Reflects statutory name change and corrects word choice.

SECTION 179. ORS 411.240 is amended to read:

411.240. (1) There hereby is established in the General Fund of the State Treasury an account to be known as the Public Welfare Account. All moneys in the Public Welfare Account hereby are appropriated for and shall be used by the [Adult and Family Services Division] Department of Human Services for the respective purposes authorized by law. The moneys in the Public Welfare Account and all appropriations [for the Adult and Family Services Division] from the account shall be subject to allotment made by the Oregon Department of Administrative Services.

(2) The [Adult and Family Services Division] Department of Human Services shall keep a record of all moneys credited to and deposited in the Public Welfare Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

(3) The unobligated balance in the Public Welfare Account on June 30 of each odd-numbered year shall be determined by the [Adult and Family Services Division] Department of Human Services as of September 30 following the close of each biennium and certified to the Oregon Department of Administrative Services. The amount certified pursuant to this subsection shall revert to the General Fund and become available for general governmental purposes.

NOTE: Reflects statutory name change.

SECTION 180. ORS 411.245 is amended to read:

411.245. The revolving fund in the amount of $50,000 established by warrant drawn on the State Treasurer by the Oregon Department of Administrative Services payable out of the Public Welfare Account in favor of the [Adult and Family Services Division] Department of Human Services is continued. The revolving fund shall be used by the [Adult and Family Services Division] Department of Human Services for the purpose of providing funds to pay current salaries and expenses, emergency public assistance advances and other expenses when it is necessary to make immediate cash payments. The revolving fund shall be deposited with the State Treasurer. For the purpose of providing working cash balances for emergency public assistance advances and other expenses when it is necessary to make immediate cash payments, the [Adult and Family Services Division] Department of Human Services may withdraw from the State Treasury portions of the fund to be used by designated custodians for the purposes authorized by this section. The designated custodians may hold the funds or may deposit the funds in any bank authorized as a depository of state funds, or may hold part and deposit the remainder. The revolving fund shall be reimbursed by warrants drawn by the Oregon Department of Administrative Services upon the verified claims of the [Adult and Family Services Division] Department of Human Services and warrants payable out of the Public Welfare Account.

NOTE: Reflects statutory name change.

SECTION 181. ORS 411.575 is amended to read:

411.575. (1) In addition to other funds made available for education and training of public assistance recipients, the Department of Human Services may accept gifts and grants from private sources for the purpose of providing the scholarships or grants authorized under ORS 411.580.

(2) The moneys received under subsection (1) of this section shall be deposited in a special account, separate and distinct from the General Fund, to be named the [State Office for Services to Children and Families] Department of Human Services Scholarship Account, which account is established. All moneys in the account and all earnings thereon are continuously appropriated to the Department of Human Services to be used together with any federal funds that may be available to provide scholarships or grants under ORS 411.580.

(3) The amount in the [State Office for Services to Children and Families] Department of Human Services Scholarship Account that is available after scholarships and grants under ORS 411.580 have been awarded for any period shall be reported to the Oregon Investment Council by the Department of Human Services and shall be considered investment funds within the meaning of ORS 293.701 to 293.820 and shall be invested in accordance with the standards of ORS 293.726. All earnings on such investments shall be credited to the [State Office for Services to Children and Families] Department of Human Services Scholarship Account.

NOTE: Conforms title of account to statutory naming scheme in (2) and (3).

SECTION 182. ORS 411.580 is amended to read:

411.580. (1) In addition to any other scholarships or grants provided by law and subject to the availability of funds in the [State Office for Services to Children and Families] Department of Human Services Scholarship Account, the Department of Human Services may award tuition and fee-exempting scholarships or grants and additional funds for purchase of required books and supplies from other funds, whether from public or private sources, made available for training of recipients toward self-support to those qualified to receive welfare assistance, for enrollment at any publicly supported educational, vocational or training institution in this state.

(2) Selection of scholarship or grant recipients shall be made by county public welfare board created by ORS 411.145, with the advice and assistance of all publicly supported educational, vocational or training institutions.

(3) Scholarships or grants shall be awarded on the basis of the recipient's apparent ability and willingness to profit from the education or the vocational, technical, or other courses available, to the end that scholarships or grants awarded will benefit both the student and the people of this state.

(4) In order to facilitate the most effective use of funds granted under this section, the Department of Human Services may apply funds available under this section to supportive services, including but not limited to transportation and child care, for scholarship or grant recipients whenever the availability of such services has been eliminated by the exhaustion of funds in the department's job related training program.

NOTE: Conforms title of account to statutory naming scheme in (1).

SECTION 183. ORS 412.710 is amended to read:

412.710. (1) The Disabilities Trust Fund is established, separate and distinct from the General Fund, in the State Treasury. The purpose of the Disabilities Trust Fund is to provide supplemental services to meet the needs of low income and indigent individuals with disabilities.

(2) The State Treasurer shall be custodian of the Disabilities Trust Fund and the Oregon Department of Administrative Services, subject to appropriations, shall direct payments for the benefit of low income and indigent people with disabilities or recipients of services from the Department of Human Services, or both, from the trust fund as recommended by the Director of Human Services.

(3) The Director of Human Services may accept for deposit in the Disabilities Trust Fund:

(a) Moneys left to the Disabilities Trust Fund by donors of a self-sufficiency trust described in ORS 412.700 (8) at the death of the disabled beneficiary; and

(b) Bequests and contributions from private donors, corporations or foundations.

(4) The State Treasurer shall credit interest on the Disabilities Trust Fund to the fund.

(5) Moneys in the Disabilities Trust Fund shall be expended only to provide supplemental services to meet the need for care, support or treatment for low income or indigent individuals with developmental disabilities, mental illness or physical disabilities or who are otherwise eligible to receive services or benefits because of disability.

(6) The receipt by a beneficiary of supplementary care, support or treatment provided with money from the Disabilities Trust Fund shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law. No interest in the principal or income of this trust shall be anticipated, assigned or encumbered, or shall be subject to any creditor's claim or to legal process, prior to its actual receipt by the beneficiary. Furthermore, because of the special needs of the beneficiary, no part of the corpus thereof, nor principal nor undistributed income shall be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any public entity, office, department or agency of the State of Oregon or of any other state, or of the United States or any other governmental agency.

(7) The Director of Human Services shall serve as the official who implements the provision of care, support or treatment for the beneficiary from moneys available from the Disabilities Trust Fund. The director shall adopt rules necessary for the administration and implementation of this section.

(8) The care, support or treatment provided under ORS 412.700 and this section must conform to the waiver requirements of the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services.

(9) Upon the death of a named beneficiary of a self-sufficiency trust established under ORS 412.700 (8), the balance of any money deposited to the account of the beneficiary in the Self-Sufficiency Trust Fund shall be transferred to the Disabilities Trust Fund for the purposes described in subsection (1) of this section unless the agreement entered into between the Director of Human Services and the self-sufficiency trust under ORS 412.700 (3) provides otherwise. The Director of Human Services shall enter into no agreement under ORS 412.700 (3) unless the agreement provides that at least 50 percent of any moneys credited to the account of the named beneficiary at the time of the beneficiary's death be transferred from the Self-Sufficiency Trust Fund to the Disabilities Trust Fund upon the death of the beneficiary.

NOTE: Corrects name of agency in (8).

SECTION 184. ORS 413.005 is amended to read:

413.005. As used in this chapter, unless the context requires otherwise:

(1) “Applicant” means a person who has applied for old-age assistance or for whose benefit an application for such assistance has been made by another.

[(2) “Recipient” means a person who has received old-age assistance.]

[(3)] (2) “Income” means net income in cash or kind available to the applicant or recipient the receipt of which is regular and predictable enough to afford security in the sense that the applicant or recipient may rely upon it to contribute toward meeting the needs of the applicant or recipient.

(3) “Needy person” means a person who has attained the age of 65 years and who does not have income and resources sufficient to provide the person with food, clothing, shelter and such other essential needs as are necessary to afford a reasonable sustenance necessary to maintain life and compatible with decency and health. However, if the United States Government provides for a contribution to state old-age assistance payable to persons of an age less than 65 years, such lower age shall become the qualifying age of persons entitled to receive old-age assistance. The minimum amount of such income and resources considered sufficient is fixed at $50 per month.

(4) “Recipient” means a person who has received old-age assistance.

[(4)] (5) “Resources” means any asset which may be applied toward meeting the needs of the applicant or recipient, including real and personal property holdings contributing to the maintenance of the applicant or recipient or representing investments or savings which may be drawn upon for maintenance purposes.

[(5) “Needy person” means a person who has attained the age of 65 years and who does not have income and resources sufficient to provide the person with food, clothing, shelter and such other essential needs as are necessary to afford a reasonable sustenance necessary to maintain life and compatible with decency and health; provided, that if the United States Government provides for a contribution to state old-age assistance payable to persons of an age less than 65 years, such lower age shall become the qualifying age of persons entitled to receive old-age assistance. The minimum amount of such income and resources considered sufficient is fixed at $50 per month.]

NOTE: Alphabetizes definitions; corrects punctuation in new (3).

SECTION 185. ORS 413.070 is amended to read:

413.070. The [division] Department of Human Services shall keep such records and accounts in relation to old-age assistance as the [division] department considers necessary.

NOTE: Reflects statutory name change.

SECTION 186. ORS 413.140 is amended to read:

413.140. Any recipient may move from one county in the state to another or to another state and on such removal is entitled to continue to receive old-age assistance in accordance with the rules and regulations of the [division] Department of Human Services.

NOTE: Reflects statutory name change.

SECTION 187. ORS 413.240 is amended to read:

413.240. The [division] Department of Human Services shall promulgate and enforce rules and regulations for the provision and administration of old-age assistance as may be necessary to render this state eligible for the receipt of federal grants-in-aid of old-age assistance under the federal Social Security Act.

NOTE: Reflects statutory name change.

SECTION 188. ORS 414.025 is amended to read:

414.025. As used in this chapter, unless the context or a specially applicable statutory definition requires otherwise:

(1) “Category of aid” means old-age assistance, aid to the blind, aid to the disabled, temporary assistance for needy families or Supplemental Security Income payment of the federal government.

(2) “Categorically needy” means, insofar as funds are available for the category, a person who is a resident of this state and who:

(a) Is receiving a category of aid.

(b) Would be eligible for, but is not receiving a category of aid.

(c) Is in a medical facility and, if the person left such facility, would be eligible for a category of aid.

(d) Is under the age of 21 years and would be a dependent child under the program for temporary assistance for needy families except for age and regular attendance in school or in a course of professional or technical training.

(e)(A) Is a caretaker relative named in ORS 418.035 [(1)(a)(C)] (2)(a)(C) who cares for a dependent child who would be a dependent child under the program for temporary assistance for needy families except for age and regular attendance in school or in a course of professional or technical training; or

(B) Is the spouse of such caretaker relative and fulfills the requirements of ORS 418.035 [(2)] (1).

(f) Is under the age of 21 years, is in a foster family home or licensed child-caring agency or institution under a purchase of care agreement and is one for whom a public agency of this state is assuming financial responsibility, in whole or in part.

(g) Is a spouse of an individual receiving a category of aid and who is living with the recipient of a category of aid, whose needs and income are taken into account in determining the cash needs of the recipient of a category of aid, and who is determined by the Department of Human Services to be essential to the well-being of the recipient of a category of aid.

(h) Is a caretaker relative named in ORS 418.035 [(1)(a)(C)] (2)(a)(C) who cares for a dependent child receiving temporary assistance for needy families or is the spouse of such caretaker relative and fulfills the requirements of ORS 418.035 [(2)] (1).

(i) Is under the age of 21 years, is in a youth care center and is one for whom a public agency of this state is assuming financial responsibility, in whole or in part.

(j) Is under the age of 21 years and is in an intermediate care facility which includes institutions for the mentally retarded; or is under the age of 22 years and is in a psychiatric hospital.

(k) Is under the age of 21 years and is in an independent living situation with all or part of the maintenance cost paid by the Department of Human Services.

(L) Is a member of a family that received temporary assistance for needy families in at least three of the six months immediately preceding the month in which such family became ineligible for such assistance because of increased hours of or increased income from employment. As long as the member of the family is employed, such families will continue to be eligible for medical assistance for a period of at least six calendar months beginning with the month in which such family became ineligible for assistance because of increased hours of employment or increased earnings.

(m) Is an adopted person under 21 years of age for whom a public agency is assuming financial responsibility in whole or in part.

(n) Is an individual or is a member of a group who is required by federal law to be included in the state's medical assistance program in order for that program to qualify for federal funds.

(o) Is an individual or member of a group who, subject to the rules of the department and within available funds, may optionally be included in the state's medical assistance program under federal law and regulations concerning the availability of federal funds for the expenses of that individual or group.

(p) Is a pregnant woman who would be eligible for temporary assistance for needy families including such aid based on the unemployment of a parent, whether or not the woman is eligible for cash assistance.

(q) Would be eligible for temporary assistance for needy families pursuant to 42 U.S.C. 607 based upon the unemployment of a parent, whether or not the state provides cash assistance.

(r) Except as otherwise provided in this section and to the extent of available funds, is a pregnant woman or child for whom federal financial participation is available under Title XIX of the federal Social Security Act.

(s) Is not otherwise categorically needy and is not eligible for care under Title XVIII of the federal Social Security Act or is not a full-time student in a post-secondary education program as defined by the Department of Human Services by rule, but whose family income is less than the federal poverty level and whose family investments and savings equal less than the investments and savings limit established by the department by rule.

(3) “Income” means income as defined in ORS 413.005 [(3)] (2).

(4) “Investments and savings” means cash, securities as defined in ORS 59.015, negotiable instruments as defined in ORS 73.0104 and such similar investments or savings as the Department of Human Services may establish by rule that are available to the applicant or recipient to contribute toward meeting the needs of the applicant or recipient.

(5) “Medical assistance” means so much of the following medical and remedial care and services as may be prescribed by the Department of Human Services according to the standards established pursuant to ORS 414.065, including payments made for services provided under an insurance or other contractual arrangement and money paid directly to the recipient for the purchase of medical care:

(a) Inpatient hospital services, other than services in an institution for mental diseases;

(b) Outpatient hospital services;

(c) Other laboratory and X-ray services;

(d) Skilled nursing facility services, other than services in an institution for mental diseases;

(e) Physicians' services, whether furnished in the office, the patient's home, a hospital, a skilled nursing facility or elsewhere;

(f) Medical care, or any other type of remedial care recognized under state law, furnished by licensed practitioners within the scope of their practice as defined by state law;

(g) Home health care services;

(h) Private duty nursing services;

(i) Clinic services;

(j) Dental services;

(k) Physical therapy and related services;

(L) Prescribed drugs, including those dispensed and administered as provided under ORS chapter 689;

(m) Dentures and prosthetic devices; and eyeglasses prescribed by a physician skilled in diseases of the eye or by an optometrist, whichever the individual may select;

(n) Other diagnostic, screening, preventive and rehabilitative services;

(o) Inpatient hospital services, skilled nursing facility services and intermediate care facility services for individuals 65 years of age or over in an institution for mental diseases;

(p) Any other medical care, and any other type of remedial care recognized under state law;

(q) Periodic screening and diagnosis of individuals under the age of 21 years to ascertain their physical or mental defects, and such health care, treatment and other measures to correct or ameliorate defects and chronic conditions discovered thereby;

(r) Inpatient hospital services for individuals under 22 years of age in an institution for mental diseases; and

(s) Hospice services.

(6) “Medical assistance” includes any care or services for any individual who is a patient in a medical institution or any care or services for any individual who has attained 65 years of age or is under 22 years of age, and who is a patient in a private or public institution for mental diseases. “Medical assistance” includes “health services” as defined in ORS 414.705. “Medical assistance” does not include care or services for an inmate in a nonmedical public institution.

(7) “Medically needy” means a person who is a resident of this state and who is considered eligible under federal law for medically needy assistance.

(8) “Resources” means resources as defined in ORS 413.005 [(4)] (5). For eligibility purposes, “resources” shall not include charitable contributions raised by a community to assist with medical expenses.

NOTE: Adjusts citations for renumbering in (2)(e) and (h); see section 211 (amending 418.035). Reformats (2)(e). Adjusts citations for renumbering in (3) and (8); see section 184 (amending 413.005).

SECTION 189. ORS 414.047 is amended to read:

414.047. (1) Application for any category of aid shall also constitute application for medical assistance.

(2) Except as otherwise provided in this section, each person requesting medical assistance shall make application therefor to the Department of Human Services. The department shall determine eligibility for and fix the date on which such assistance may begin, and shall obtain such other information required by the rules of the department.

(3) If an applicant is unable to make application for medical assistance, an application may be made by someone acting responsibly for the applicant.

NOTE: Sets out full title in (2).

SECTION 190. ORS 414.325 is amended to read:

414.325. (1) As used in this section, “legend drug” means any drug requiring a prescription by a practitioner, as defined in ORS 689.005.

(2) A licensed practitioner may prescribe such drugs under this chapter as the practitioner in the exercise of professional judgment considers appropriate for the diagnosis or treatment of the patient in the practitioner's care and within the scope of practice. Prescriptions shall be dispensed in the generic form pursuant to ORS 689.515[, 689.854 and 689.857] and pursuant to rules of the Department of Human Services unless the practitioner prescribes otherwise and an exception is granted by the department.

(3) The department shall pay only for drugs in the generic form if the federal Food and Drug Administration has approved a generic version of a particular brand name drug that is chemically identical to the brand name drug according to federal Food and Drug Administration rating standards, unless an exception has been granted by the department.

(4) An exception must be applied for and granted before the department is required to pay for minor tranquilizers and amphetamines and amphetamine derivatives, as defined by rule of the department.

(5) Notwithstanding subsections (1) to (4) of this section, the department is authorized to:

(a) Withhold payment for a legend drug when federal financial participation is not available; and

(b) Require prior authorization of payment for drugs that the department has determined should be limited to those conditions generally recognized as appropriate by the medical profession.

(6) Notwithstanding subsection (3) of this section, the department may not limit legend drugs when used as approved by the federal Food and Drug Administration to treat mental illness, HIV and AIDS, and cancer.

NOTE: Deletes references to repealed section (689.857) and inappropriate penalty section (689.854) in (2).

SECTION 191. ORS 414.325, as amended by section 6, chapter 897, Oregon Laws 2001, is amended to read:

414.325. (1) As used in this section, “legend drug” means any drug requiring a prescription by a practitioner, as defined in ORS 689.005.

(2) A licensed practitioner may prescribe such drugs under this chapter as the practitioner in the exercise of professional judgment considers appropriate for the diagnosis or treatment of the patient in the practitioner's care and within the scope of practice. Prescriptions shall be dispensed in the generic form pursuant to ORS 689.515[, 689.854 and 689.857] and pursuant to rules of the Department of Human Services unless the practitioner prescribes otherwise and an exception is granted by the department.

(3) Except as provided in subsections (4) and (5) of this section, the department shall place no limit on the type of legend drug that may be prescribed by a practitioner, but the department shall pay only for drugs in the generic form unless an exception has been granted by the department.

(4) Notwithstanding subsection (3) of this section, an exception must be applied for and granted before the department is required to pay for minor tranquilizers and amphetamines and amphetamine derivatives, as defined by rule of the department.

(5)(a) Notwithstanding subsections (1) to (4) of this section and except as provided in paragraph (b) of this subsection, the department is authorized to:

(A) Withhold payment for a legend drug when federal financial participation is not available; and

(B) Require prior authorization of payment for drugs that the department has determined should be limited to those conditions generally recognized as appropriate by the medical profession.

(b) The department may not require prior authorization for therapeutic classes of nonsedating antihistamines and nasal inhalers, as defined by rule by the department, when prescribed by an allergist for treatment of any of the following conditions, as described by the Health Services Commission on the funded portion of its prioritized list of services:

(A) Asthma;

(B) Sinusitis;

(C) Rhinitis; or

(D) Allergies.

NOTE: Deletes references to repealed section (689.857) and inappropriate penalty section (689.854) in (2).

SECTION 192. ORS 414.327 is amended to read:

414.327. (1) The Department of Human Services shall seek a waiver from the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services to allow the [Office of Medical Assistance Programs] department to communicate prescription drug orders by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist.

(2) The Department of Human Services [and the Office of Medical Assistance Programs] shall adopt rules permitting the [Office of Medical Assistance Programs] department to communicate prescription drug orders by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist.

NOTE: Corrects title of agency in (1). Reflects statutory agency naming scheme.

SECTION 193. ORS 414.712 is amended to read:

414.712. [Within six months after obtaining the necessary federal waivers or January 1, 1995, whichever is later,] The Department of Human Services shall provide medical assistance under ORS 414.705 to 414.750 to eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412 and to children described in ORS 414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034, 418.187 to 418.970 and 657A.020 to 657A.460 and those mental health and chemical dependency services recommended according to standards of medical assistance set pursuant to chapter 836, Oregon Laws 1989, and according to the schedule of implementation established by the Legislative Assembly. In providing medical assistance services described in ORS 414.018 to 414.024, 414.042, 414.107, 414.710, 414.720 and 735.712, the Department of Human Services shall also provide the following:

(1) Ombudsman services for eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. An ombudsman shall serve as a patient's advocate whenever the patient or a physician or other medical personnel serving the patient is reasonably concerned about access to, quality of or limitations on the care being provided by a health care provider. Patients shall be informed of the availability of an ombudsman.

(2) Case management services in each health care provider organization for those eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. Case managers shall be trained in and shall exhibit skills in communication with and sensitivity to the unique health care needs of people who are elderly and those with disabilities. Case managers shall be reasonably available to assist patients served by the organization with the coordination of the patient's health care services at the reasonable request of the patient or a physician or other medical personnel serving the patient. Patients shall be informed of the availability of case managers.

(3) A mechanism, established by rule, for soliciting consumer opinions and concerns regarding accessibility to and quality of the services of each health care provider.

(4) A choice of available medical plans and, within those plans, choice of a primary care provider.

(5) Due process procedures for any individual whose request for medical assistance coverage for any treatment or service is denied or is not acted upon with reasonable promptness. These procedures shall include an expedited process for cases in which a patient's medical needs require swift resolution of a dispute.

NOTE: Eliminates obsolete provision in lead-in.

SECTION 193a. ORS 414.712, as amended by section 53, chapter 1084, Oregon Laws 1999, is amended to read:

414.712. [Within six months after obtaining the necessary federal waivers or January 1, 1995, whichever is later,] The Department of Human Services shall provide medical assistance under ORS 414.705 to 414.750 to eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412 and to children described in ORS 414.025 (2)(f), (i), (j), (k) and (m), 418.001 to 418.034, 418.189 to 418.970 and 657A.020 to 657A.460 and those mental health and chemical dependency services recommended according to standards of medical assistance set pursuant to chapter 836, Oregon Laws 1989, and according to the schedule of implementation established by the Legislative Assembly. In providing medical assistance services described in ORS 414.018 to 414.024, 414.042, 414.107, 414.710, 414.720 and 735.712, the Department of Human Services shall also provide the following:

(1) Ombudsman services for eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. An ombudsman shall serve as a patient's advocate whenever the patient or a physician or other medical personnel serving the patient is reasonably concerned about access to, quality of or limitations on the care being provided by a health care provider. Patients shall be informed of the availability of an ombudsman.

(2) Case management services in each health care provider organization for those eligible persons who are aged and described in ORS chapter 413 or who are blind or disabled and described in ORS chapter 412. Case managers shall be trained in and shall exhibit skills in communication with and sensitivity to the unique health care needs of people who are elderly and those with disabilities. Case managers shall be reasonably available to assist patients served by the organization with the coordination of the patient's health care services at the reasonable request of the patient or a physician or other medical personnel serving the patient. Patients shall be informed of the availability of case managers.

(3) A mechanism, established by rule, for soliciting consumer opinions and concerns regarding accessibility to and quality of the services of each health care provider.

(4) A choice of available medical plans and, within those plans, choice of a primary care provider.

(5) Due process procedures for any individual whose request for medical assistance coverage for any treatment or service is denied or is not acted upon with reasonable promptness. These procedures shall include an expedited process for cases in which a patient's medical needs require swift resolution of a dispute.

NOTE: Eliminates obsolete provision in lead-in.

SECTION 194. ORS 414.725 is amended to read:

414.725. [Upon meeting the requirements of section 9, chapter 836, Oregon Laws 1989:]

(1) Pursuant to rules adopted by the Department of Human Services, the department shall execute prepaid managed care health services contracts for [the] health services [funded pursuant to section 9, chapter 836, Oregon Laws 1989]. The contract must require that all services are provided to the extent and scope of the Health Services Commission's report for each service provided under the contract. Such contracts are not subject to ORS 279.011 to 279.063. It is the intent of ORS 414.705 to 414.750 that the state move toward utilizing full service managed care health service providers for providing health services under ORS 414.705 to 414.750. The department shall solicit qualified providers or plans to be reimbursed at rates which cover the costs of providing the covered services. Such contracts may be with hospitals and medical organizations, health maintenance organizations, managed health care plans and any other qualified public or private entities. The department shall not discriminate against any contractors which offer services within their providers' lawful scopes of practice.

(2) In the event that there is an insufficient number of qualified entities to provide for prepaid managed health services contracts in certain areas of the state, the department may institute a fee-for-service case management system where possible or may continue a fee-for-service payment system for those areas that pay for the same services provided under the health services contracts for persons eligible for health services under ORS 414.705 to 414.750. In addition, the department may make other special arrangements as necessary to increase the interest of providers in participation in the state's managed care system, including but not limited to the provision of stop-loss insurance for providers wishing to limit the amount of risk they wish to underwrite.

(3) As provided in subsections (1) and (2) of this section, the aggregate expenditures by the department for health services provided pursuant to ORS 414.705 to 414.750 shall not exceed the total dollars appropriated for health services under ORS 414.705 to 414.750.

(4) Actions taken by providers, potential providers, contractors and bidders in specific accordance with ORS 414.705 to 414.750 in forming consortiums or in otherwise entering into contracts to provide health care services shall be performed pursuant to state supervision and shall be considered to be conducted at the direction of this state, shall be considered to be lawful trade practices and shall not be considered to be the transaction of insurance for purposes of the Insurance Code.

(5) Health care providers contracting to provide services under ORS 414.705 to 414.750 shall advise a patient of any service, treatment or test that is medically necessary but not covered under the contract if an ordinarily careful practitioner in the same or similar community would do so under the same or similar circumstances.

NOTE: Deletes obsolete lead-in and unnecessary session law reference in (1).

SECTION 195. ORS 414.735 is amended to read:

414.735. (1) If insufficient resources are available during a contract period:

(a) The population of eligible persons determined by law shall not be reduced.

(b) The reimbursement rate for providers and plans established under the contractual agreement shall not be reduced.

(2) In the circumstances described in subsection (1) of this section, reimbursement shall be adjusted by reducing the health services for the eligible population by eliminating services in the order of priority recommended by the Health Services Commission, starting with the least important and progressing toward the most important.

(3) The [division] Department of Human Services shall obtain the approval of the Legislative Assembly or Emergency Board, if the Legislative Assembly is not in session, before instituting the reductions. In addition, providers contracting to provide health services under ORS 414.705 to 414.750 must be notified at least two weeks prior to any legislative consideration of such reductions. Any reductions made under this section shall take effect no sooner than 60 days following final legislative action approving the reductions.

NOTE: Reflects statutory agency naming scheme in (3).

SECTION 196. ORS 414.821 is amended to read:

414.821. [Preamble.] It is the primary goal of ORS 414.821 to 414.839 to increase access by Oregon's low-income, uninsured children and families to affordable health care coverage.

NOTE: Purges legislatively enacted leadline.

SECTION 197. ORS 414.823 is amended to read:

414.823. [Findings.] The Legislative Assembly finds that:

(1) The Oregon Health Plan has provided access to health care services to over one million Oregonians who would otherwise not have been able to afford health care services.

(2) The Oregon Health Plan has improved health outcomes by expanding access to timely preventive services and primary health care services.

(3) In spite of the Oregon Health Plan's important achievements, thousands of Oregonians still do not have health insurance coverage, often seeking health care services through the emergency department late in the course of their illness when costs are higher and outcomes are less favorable.

(4) The costs incurred by the health care delivery system by providing health care services through emergency departments are shifted to patients with health insurance coverage, driving up the costs of health care services and health insurance for all Oregonians.

(5) The lack of flexibility in current federal Medicaid policy forces the state into “one-size-fits-all” benefit packages and “all-or-nothing” coverage decisions, preventing the state from using federal resources to develop a system of subsidies for public and private insurance coverage based on the relative medical need and financial vulnerability of those being served.

(6) The lack of adequate reimbursement rates creates unwanted cost-shifting and barriers to health care providers at all levels in providing health care services to enrollees of the Oregon Health Plan.

(7) The current trends in increases in health care costs create concern for:

(a) The future sustainability of the Oregon Health Plan and the private insurance market;

(b) The State of Oregon in administering benefit plans for its employees;

(c) Individuals unable to pay for all or part of the costs of their health care;

(d) Employers providing health care coverage for their workers and their dependents;

(e) Health care providers providing services; and

(f) Insurers and other organizations providing health care coverage.

(8) Complex factors affect the balance between public and private health care programs and need to be better understood in order to establish policies that result in necessary access to health care. These factors include, but are not limited to:

(a) Whether the current structure of Medicare, Medicaid and the private insurance market is cost-sustainable;

(b) The reasons behind general health care cost trends;

(c) Appropriate reimbursement methods that reduce cost-shifting and optimize access to providers and plan choices;

(d) Whether public programs for low-income Oregonians that ensure adequate coverage are cost-effective and provide a realistic transition to private coverage; and

(e) Whether private coverage that is affordable offers sufficient benefit choices and is based on a market-based system.

(9) Employer-sponsored health coverage:

(a) Provides coverage for a majority of all Oregonians; and

(b) Must be supported by public policies that remove barriers to obtaining private health insurance coverage.

NOTE: Purges legislatively enacted leadline.

SECTION 198. ORS 414.825 is amended to read:

414.825. [Policy.] It is the policy of the State of Oregon that:

(1) The state, in partnership with the private sector, move toward providing affordable access to basic health care services for Oregon's low-income, uninsured children and families;

(2) Subject to funds available, the state provide subsidies to low-income Oregonians, using federal and state resources, to make health care services affordable to Oregon's low-income, uninsured children and families and that those subsidies should encourage the shared responsibility of employers and individuals in a public-private partnership;

(3) The respective roles and responsibilities of government, employers, providers, individuals and the health care delivery system be clearly defined;

(4) All public subsidies be clearly defined and based on an individual's ability to pay, not exceeding the cost of purchasing a basic package of health care services, except for those individuals with the greatest medical needs; and

(5) The health care delivery system encourage the use of evidence-based health care services, including appropriate education, early intervention and prevention, and procedures that are effective and appropriate in producing good health.

NOTE: Purges legislatively enacted leadline.

SECTION 199. ORS 414.827 is amended to read:

414.827. [Increased access for uninsured individuals.] In order to carry out the policy established in ORS 414.825, subject to funds available, the State of Oregon shall increase access to basic health care services provided through Medicaid, the Children's Health Insurance Program or private insurance for uninsured Oregonians with an income of up to 185 percent of the federal poverty guidelines.

NOTE: Purges legislatively enacted leadline.

SECTION 200. ORS 414.829 is amended to read:

414.829. [Waiver for private insurance coverage.] (1)(a) In order to make progress toward the goal set forth in ORS 414.821, the Department of Human Services shall apply to the Centers for Medicare and Medicaid Services for waivers to obtain federal matching dollars for public subsidies for low-income, working Oregonians for the purpose of making private health insurance more accessible and affordable.

(b) Prior to the submission of the waiver application, the department shall comply with ORS 291.375 (1) and (2).

(2) The waiver application shall provide for the establishment of a basic benchmark health benefit plan or plans, or approved equivalent, for subsidized employer-sponsored coverage that is comparable to coverage common in the small employer health insurance market. Consideration shall be given to the appropriate inclusion of preventive services for children and innovative means of ensuring access to such coverage. Options in the development of the benchmark health benefit plan may include, but are not limited to, provision of supplemental coverage for preventive services.

(3) The Insurance Pool Governing Board, in consultation with the Health Insurance Reform Advisory Committee, shall identify and recommend to the Waiver Application Steering Committee created under section 13, chapter 898, Oregon Laws 2001, and the Leadership Commission on Health Care Costs and Trends created under section 14, chapter 898, Oregon Laws 2001, a basic benchmark health benefit plan or plans that qualify for a subsidy under the waiver program, taking into account employer-sponsored health benefit plans currently in the market.

(4) The waiver application shall be based on a consideration of various models to maximize subsidies for employer-sponsored coverage with special attention given to creative means of increasing dependent coverage under the employer-sponsored health benefit plans.

(5) The waiver application shall ensure that:

(a) Coverage under the proposed program does not reduce employer-sponsored coverage presently available; and

(b) The risk distribution of the current population covered by the state's Medicaid program is not adversely affected.

(6) The waiver application shall strive to minimize administrative complexities for enrollees, employers, providers, health insurance plans and public agencies that participate in the proposed program.

(7) Prior to its submission for legislative review under subsection (1) of this section, the department shall submit the waiver application to the Leadership Commission on Health Care Costs and Trends for review.

NOTE: Purges legislatively enacted leadline.

SECTION 201. ORS 414.831 is amended to read:

414.831. [Family Health Insurance Assistance Program.] Upon receipt of the waiver, the Insurance Pool Governing Board shall focus on expanding group coverage provided by the Family Health Insurance Assistance Program, with the goal of having available funds equally distributed between providing group coverage and individual coverage.

NOTE: Purges legislatively enacted leadline.

SECTION 202. ORS 414.833 is amended to read:

414.833. [Levels of coverage for Medicaid.] In the Medicaid portion of the Oregon Health Plan, the state shall provide levels of benefit packages of health care services as described in ORS 414.834 and 414.835. One level shall provide a basic benefit package of health care services and be called “OHP Standard.” The second level shall provide a benefit package of health care services for persons with greater medical needs and be called “OHP Plus.”

NOTE: Purges legislatively enacted leadline.

SECTION 203. ORS 414.834 is amended to read:

414.834. [Basic benefit package.] (1) The Health Services Commission, in consultation with the legislative committees with oversight of health care issues, shall develop a basic benefit package of health care services for the Medicaid portion of the Oregon Health Plan, the cost of which shall be actuarially equivalent to the minimum level of care mandated by the current federal Medicaid law.

(2)(a) In addition to the basic benefit package of health care services developed under subsection (1) of this section, the commission shall develop and rank in priority order additional benefit packages of health care services that may be provided to the extent the Legislative Assembly has provided funds for additional benefit packages.

(b) When developing the benefit packages of health care services to be provided, the commission shall consider that those benefit packages of health care services may be provided through managed care organizations with contracts to provide services to enrollees of the Oregon Health Plan as well as commercial carriers.

(3) The commission shall obtain from an independent actuary the costs of providing the benefit packages of health care services identified in subsections (1) and (2) of this section.

(4) The commission shall recommend whether Oregonians receiving subsidies for OHP Standard be required to pay premiums and copayments based on the individual's ability to pay and how to structure the copayments and premiums in a manner that encourages the use of preventive services.

(5) The commission shall submit its report on benefit packages for health care services by July 1 of the year preceding each regular session of the Legislative Assembly to the Governor, the Speaker of the House of Representatives and the President of the Senate.

NOTE: Purges legislatively enacted leadline.

SECTION 204. ORS 414.835 is amended to read:

414.835. [Prioritized list.] The Health Services Commission shall continue to develop and report to the Legislative Assembly the prioritized list of health care services required in ORS 414.720. The list shall be used to establish the OHP Plus benefit package of health care services to be provided to Oregonians who are categorically eligible for medical assistance as defined by rule by the Department of Human Services and persons receiving general assistance as defined in ORS 411.010.

NOTE: Purges legislatively enacted leadline.

SECTION 205. ORS 414.837 is amended to read:

414.837. [Funding by Legislative Assembly.] (1) The Legislative Assembly shall determine the health care services provided under the Medicaid portion of Oregon Health Plan by funding:

(a) OHP Standard, which shall be the combination of the basic benefit package of health care services developed in ORS 414.834 (1) and any additional benefit packages, added in priority order, from the packages developed under ORS 414.834 (2).

(b) OHP Plus, which shall be the benefit package developed in ORS 414.835.

(2) The cost of the benefit package of health care services provided under OHP Standard may not exceed the cost of the benefit package of health care services provided under OHP Plus.

NOTE: Purges legislatively enacted leadline.

SECTION 206. ORS 414.839 is amended to read:

414.839. [Subsidies for health insurance coverage.] (1) Subject to funds available, the waiver program described by ORS 414.829 shall provide public subsidies for the purchase of health insurance coverage provided by public programs or private insurance, including but not limited to the Family Health Insurance Assistance Program, for currently uninsured individuals based on incomes up to 185 percent of the federal poverty level. The objective is to create a transition from dependence on public programs to privately financed health insurance.

(2) Public subsidies shall apply only to the cost of the basic benchmark health benefit plan or the approved equivalent established in ORS 414.829.

(3) Cost-sharing shall be permitted and structured in such a manner to encourage appropriate use of preventive care and avoidance of unnecessary services.

(4) Cost-sharing shall be based on an individual's ability to pay and may not exceed the cost of purchasing a plan approved as provided under subsection (2) of this section.

(5) The state may pay a portion of the cost of the subsidy, based on the individual's income and other resources.

NOTE: Purges legislatively enacted leadline.

SECTION 207. Section 14, chapter 898, Oregon Laws 2001, is amended to read:

Sec. 14. [Leadership Commission on Health Care Costs and Trends.] (1) In order to provide a sound basis for future consideration of strategies to improve access to an adequate level of high quality health care at an affordable cost for all Oregonians, the Leadership Commission on Health Care Costs and Trends is created, consisting of eight members. The commission shall consist of:

(a) The President of the Senate or a member of the Senate designated by the President;

(b) The Speaker of the House of Representatives or a member of the House of Representatives designated by the Speaker;

(c) Two members of the Senate appointed by the President of the Senate, one of whom shall be a member of the Emergency Board;

(d) Two members of the House of Representatives appointed by the Speaker of the House of Representatives, one of whom shall be a member of the Emergency Board; and

(e) One member each appointed by the minority leadership of the Senate and the House of Representatives.

(2) The commission shall develop an Oregon Health Care Cost Index. The index shall categorize health care cost components and health care trends to inform future policymakers about potential implications of trends in health care programs provided by public and private programs.

(3) The commission shall review the health care cost trends that are reducing the affordability and availability of private coverage and thereby increasing dependence on publicly funded health care services.

(4) The commission shall monitor developments of possible federal health benefit tax credit programs and determine ways to maximize opportunities to expand health insurance coverage through a state income tax credit.

(5) The commission may contract with a private entity to develop the index.

(6) The commission shall recommend to the Seventy-second Legislative Assembly methods to:

(a) Update and distribute the index annually; and

(b) Report to policymakers and the public on potential implications for health care coverage available in Oregon.

(7) Except as provided in this section, the commission is subject to the provisions of ORS 171.605 to 171.635 and has the authority contained in ORS 171.505 and 171.510.

(8) The President of the Senate and the Speaker of the House of Representatives shall develop a work plan for the commission. The work plan shall be filed with the Legislative Administrator.

(9) The Legislative Administrator, in cooperation with the President of the Senate and the Speaker of the House of Representatives, shall provide staff necessary to the performance of the functions of the commission.

(10) Members of the Legislative Assembly who serve on the commission shall be entitled to an allowance as authorized by ORS 171.072. Claims for expenses incurred in performing functions of the commission shall be paid out of funds appropriated for that purpose.

(11) Subject to approval of the Emergency Board, the commission may accept contributions of funds and assistance from the United States Government or its agencies, or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the commission. All such funds are to aid in financing the functions of the commission and shall be deposited in the General Fund of the State Treasury to the credit of separate accounts for the commission and shall be disbursed for the purpose for which contributed in the same manner as funds appropriated for the commission.

(12) Official action taken by the commission shall require the approval of the majority of the members of the commission. All legislation recommended by official action of the commission must indicate that it is introduced at the request of the commission. Such legislation shall be prepared in time for presession filing pursuant to ORS 171.130.

NOTE: Purges legislatively enacted leadline.

SECTION 208. ORS 416.810 is amended to read:

416.810. All sums of money recovered by or paid to the Department of Human Services as reimbursement for funds granted for public assistance shall be paid into the State Treasury and credited to the Public Welfare Account and may be expended for public assistance purposes in accordance with ORS 411.060 to 411.111, 411.250 and 411.710 to 411.730[; provided, that]. However, the United States Government is entitled to a share of any amount [so] received as its interest may appear, which shall be promptly paid to the United States Government.

NOTE: Corrects punctuation and conforms syntax to legislative style.

SECTION 209. ORS 417.795 is amended to read:

417.795. (1) The State Commission on Children and Families established under ORS 417.730 shall establish Healthy Start Family Support Services programs through contracts entered into by local commissions on children and families in all counties of this state as funding becomes available.

(2) These programs shall be nonstigmatizing, voluntary and designed to achieve the appropriate early childhood benchmarks and shall:

(a) Ensure that express written consent is obtained from the family prior to any release of information that is protected by federal or state law and before the family receives any services;

(b) Ensure that services are voluntary and that, if a family chooses not to accept services or ends services, [that] there are no adverse consequences for those decisions;

(c) Offer a voluntary comprehensive screening and risk assessment of all newly born children and their families;

(d) Ensure that the disclosure of information gathered in conjunction with the voluntary comprehensive screening and risk assessment of children and their families is limited pursuant to ORS 417.728 (6) to the following purposes:

(A) Providing services under the programs to children and families who give their express written consent;

(B) Providing statistical data that are not personally identifiable;

(C) Accomplishing other purposes for which the family has given express written consent; and

(D) Meeting the requirements of mandatory state and federal disclosure laws;

(e) Ensure that risk factors used in the risk assessment are limited to those risk factors that have been shown by research to be associated with poor outcomes for children and families;

(f) Identify, as early as possible, families that would benefit most from the programs;

(g) Provide parenting education and support services, including but not limited to community-based home visiting services and primary health care services;

(h) Provide other supports, including but not limited to referral to and linking of community and public services for children and families such as mental health services, alcohol and drug treatment programs, child care, food, housing and transportation;

(i) Coordinate services for children consistent with the voluntary local early childhood system plan developed pursuant to ORS 417.777;

(j) Provide follow-up services and supports from birth through five years of age;

(k) Integrate data with any common data system for early childhood programs implemented pursuant to section 7, chapter 831, Oregon Laws 2001;

(L) Be included in a statewide independent evaluation to document:

(A) Level of screening and assessment;

(B) Incidence of child abuse and neglect;

(C) Change in parenting skills; and

(D) Rate of child development;

(m) Be included in a statewide training program in the dynamics of the skills needed to provide early childhood services, such as assessment and home visiting; and

(n) Meet voluntary statewide and local early childhood system quality assurance and quality improvement standards.

(3) The Healthy Start Family Support Services programs, local health departments and other providers of prenatal and perinatal services in counties, as part of the voluntary local early childhood system, shall:

(a) Identify existing services and describe and prioritize additional services necessary for a voluntary home visit system;

(b) Build on existing programs;

(c) Maximize the use of volunteers and other community resources that support all families;

(d) Target, at a minimum, all first birth families in the county; and

(e) Ensure that home visiting services provided by local health departments for children and pregnant women support and are coordinated with local Healthy Start Family Support Services programs.

(4) Through a Healthy Start Family Support Services program, a trained family support worker or nurse shall be assigned to each family assessed as at risk that consents to receive services through the worker or nurse. The worker or nurse shall conduct home visits and assist the family in gaining access to needed services.

(5) The services required by this section shall be provided by hospitals, public or private entities or organizations, or any combination thereof, capable of providing all or part of the family risk assessment and the follow-up services. In granting a contract, a local commission may utilize collaborative contracting or requests for proposals and shall take into consideration the most effective and consistent service delivery system.

(6) The family risk assessment and follow-up services for families at risk shall be provided by trained family support workers or nurses organized in teams supervised by a manager and including a family services coordinator who is available to consult.

(7) Each Healthy Start Family Support Services program shall adopt disciplinary procedures for family support workers, nurses and other employees of the program. The procedures shall provide appropriate disciplinary actions for family support workers, nurses and other employees who violate federal or state law or the policies of the program.

NOTE: Corrects syntax in (2)(b).

SECTION 210. ORS 418.005 is amended to read:

418.005. (1) In order to establish, extend and strengthen welfare services for the protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent, the Department of Human Services may:

(a) Make all necessary rules and regulations for administering child welfare services under this section.

(b) Accept and disburse any and all federal funds made available to the State of Oregon for child welfare services.

(c) Make such reports in such form and containing such information as may from time to time be required by the federal government and comply with such provisions as may from time to time be found necessary to insure correctness and verification of such reports.

(d) Cooperate with medical, health, nursing and welfare groups and organizations and with any agencies in the state providing for protection and care of homeless, dependent or neglected children or children in danger of becoming delinquent.

(e) Cooperate with the United States Government or any of its agencies in administering the provisions of this section.

(2)(a) There is created an advisory committee that shall consist of 21 members to advise the department on the development and administration of child welfare policies, programs and practices. Members shall be appointed by and serve at the pleasure of the Director of Human Services.

[(a)] (b) Advisory committee membership shall include representatives of other state agencies concerned with services, representatives of professional, civic or other public or private organizations, private citizens interested in service programs, and recipients of assistance or service or their representatives.

[(b)] (c) Members of the advisory committee shall receive no compensation for their services. Members of the advisory committee other than members employed in full-time public service shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties by the department. Such reimbursements shall be subject to the provisions of ORS 292.210 to 292.288. Members of the advisory committee who are employed in full-time public service may be reimbursed for their actual and necessary expenses incurred in the performance of their duties by their employing agency.

[(c)] (d) The advisory committee shall meet at least once every three months.

(3) Subject to the allotment system provided for in ORS 291.234 to 291.260, the department may expend the amounts necessary to carry out the purposes and administer the provisions of this section.

NOTE: Conforms structure to legislative style in (2).

SECTION 211. ORS 418.035 is amended to read:

418.035. As used in ORS 418.035 to 418.172, unless the context or a specially applicable statutory definition requires otherwise:

(1) “Aid” means money payments with respect to, or on behalf of, a dependent child or children and includes:

(a) Money payments to meet the needs of the relative with whom the child is living and:

(A) The spouse of the relative if the spouse lives with the relative, the relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or

(B) The spouse of the relative if the spouse lives with the relative, the relative is the child's parent and the child is a dependent child as defined in ORS 418.070 (2)(a) and is dependent by reason of the unemployment of parents.

(b) Payments made to a representative payee or guardian pursuant to ORS 418.050 or 418.054.

[(1)(a)] (2)(a) “Dependent child” means a needy child:

(A) Who has been deprived of parental support or care by reason of the death, continued absence from the home or physical or mental incapacity of a parent;

(B) Whose relatives are not able to provide adequate care and support for the child without public assistance, as defined in ORS 411.010;

(C) Who is living with the child's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece in a place of residence maintained by one or more of such relatives as the child's or their own home; and

(D) Who meets the requirements of paragraph (b) of this subsection.

(b)(A) Except as provided in subparagraphs (B) and (C) of this paragraph, a “dependent child” must be under the age of 18 years.

(B) A child may qualify as a “dependent child,” subject to the availability of funds, if the child is 18 or 19 or 20 years of age and a student regularly attending a school in grade 12 or below or regularly attending a course of professional or technical training designed to fit the child for gainful employment, other than a course provided by or through a college or university.

(C) Students under the age of 21 years and regularly attending a school, college or university or regularly attending a course of professional or technical training designed to fit the child for gainful employment may be included in the description in subparagraph (B) of this paragraph at the option of the Department of Human Services.

[(2) “Aid” means money payments with respect to, or on behalf of, a dependent child or children and includes:]

[(a) Money payments to meet the needs of the relative with whom the child is living and:]

[(A) The spouse of the relative if the spouse lives with the relative, the relative is the child's parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or]

[(B) The spouse of the relative if the spouse lives with the relative, the relative is the child's parent and the child is a dependent child as defined in ORS 418.070 (1)(a) and is dependent by reason of the unemployment of parents.]

[(b) Payments made to a representative payee or guardian pursuant to ORS 418.050 or 418.054.]

(3) “Representative payee” means an individual designated by the department to receive money payments of aid pursuant to ORS 418.050.

NOTE: Alphabetizes definitions.

SECTION 212. ORS 418.042 is amended to read:

418.042. (1) Aid, as defined in ORS 418.035 [(2)], shall not be granted to, or on behalf of, any applicant or recipient and for as long as the applicant or recipient refuses to assign to the Department of Human Services any rights to support from any other person such applicant may have personally or in behalf of any other family member for whom the applicant is applying for or receiving aid, and which have accrued at any time such assignment is executed. If aid is paid and received for the support of a child, the rights to child support that any person may have for the child are deemed to have been assigned by operation of law to the Department of Human Services. Notice of the assignment by operation of law shall be given to the applicant at the time of application for public assistance, and shall be given to any obligee who may hold some interest in such support rights by depositing a notice in the United States mail, postage prepaid, addressed to the last-known address of such person. Assignment of support rights to the Department of Human Services shall be as set forth in rules adopted by the Department of Human Services.

(2) Except as otherwise provided in this subsection, an applicant or recipient who receives aid as defined in ORS 418.035 [(2)] shall cooperate with the Department of Human Services in establishing the paternity of the applicant's or recipient's child born out of wedlock and in obtaining support or other payments or property due the applicant or child. An applicant or recipient is not required to cooperate if there is good cause or some other exception to the cooperation requirement that takes into account the best interest of the child. The Department of Human Services shall adopt rules defining good cause, other exceptions to cooperation and noncooperation by an applicant or recipient, and setting the sanction for noncooperation. The sanction may include total ineligibility of the family for aid, but in no situation may the sanction be less than a 25 percent reduction of the monthly grant amount. At the time an applicant applies for aid, the Department of Human Services shall inform the applicant, in writing, of the requirement of and exceptions to cooperation and the sanctions for noncooperation, and shall inform recipients, in writing, whenever eligibility for aid is redetermined.

NOTE: Eliminates unnecessary subsection references.

SECTION 213. ORS 418.070 is amended to read:

418.070. For the purposes of ORS 418.035 to 418.185, with respect to any period for which federal funds are made available to this state in aid of a state-administered program of aid to any child defined in and meeting the requirements of this section:

(1) “Aid” includes foster care in behalf of a child described in subsection (2)(b) of this section in the foster home of any individual or in a licensed nonprofit private child-caring agency.

[(1)] (2) “Dependent child” includes:

(a) A needy child meeting the requirements of ORS 418.035 [(1)(b)(A) or (B)] (2)(b)(A) or (B) who has been deprived of parental support or care by reason of the unemployment of a parent or parents and who is living with any of the relatives specified in ORS 418.035 [(1)] (2) in a place of residence maintained by one or more of such relatives as the relative's or relatives' own home.

(b) A child:

(A) Who would meet the requirements of ORS 418.035 [(1)] (2)or of paragraph (a) of this subsection except for removal [after April 30, 1961,] from the home of a relative specified in ORS 418.035 [(1)] (2) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of such child;

(B) Who has been accepted for placement and care by the Department of Human Services;

(C) Who has been placed in a foster home or licensed nonprofit private child-caring agency as a result of such determination; and

(D) Who received aid in or for the month in which court proceedings leading to such determination were initiated, or would have received such aid in or for such month if application had been made therefor, or in the case of a child who had been living with a relative specified in ORS 418.035 [(1)] (2) within six months prior to the month in which such proceedings were initiated, would have received such aid in or for such month if in such month the child had been living with and removed from the home of such a relative and application had been made therefor.

[(2)] (3) “Foster home” means a foster home which is certified by this state or has been approved, by the agency of this state responsible for the certification of foster homes, as meeting the standards established for such certification.

[(3) “Aid” includes foster care in behalf of a child described in subsection (1)(b) of this section in the foster home of any individual or in a licensed nonprofit private child-caring agency.]

(4) “Unemployment of parent” shall be defined by the department and such definition may take into account definitions used to establish the availability of federal funds for the program of temporary assistance for needy families.

NOTE: Alphabetizes definitions. Adjusts for renumbering in (2); see section 211 (amending 418.035). Deletes obsolete provision in (2)(b)(A).

SECTION 214. ORS 418.075 is amended to read:

418.075. Aid, as defined in ORS 418.035 [(2)], shall not be granted with respect to, or on behalf of, a dependent child as defined in ORS 418.070 [(1)(a)] (2)(a) if, and for as long as, the unemployed parent of such child refuses without good cause to accept employment in which the unemployed parent is able to engage and which is offered through any employment office defined in ORS 657.010 (7) or which is otherwise offered by any employer if such offer is determined by the Department of Human Services after notification by such employer to be a bona fide offer of such employment.

NOTE: Deletes unnecessary subsection reference. Adjusts for renumbering; see section 213 (amending 418.070).

SECTION 215. ORS 418.085 is amended to read:

418.085. During any period in which aid may be granted with respect to, or on behalf of, a dependent child as defined in ORS 418.070 [(1)(a)] (2)(a), the Department of Human Services and the Director of the Employment Department shall enter into cooperative arrangements looking toward employment of the unemployed parent of any such child, shall provide for the registration and periodic reregistration of such parent at employment offices established pursuant to ORS 657.705 to 657.725 and shall, with respect to such parent, effect maximum utilization of the job placement services and other services and facilities of such offices.

NOTE: Adjusts for renumbering; see section 213 (amending 418.070).

SECTION 216. ORS 418.130 is amended to read:

418.130. (1) Except as otherwise provided in this section[, no person shall,] and except for purposes directly connected with the administration of the temporary assistance for needy families program, delivery or administration of programs and services the Department of Human Services is authorized to deliver and administer pursuant to ORS 409.010 or as necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services and in accordance with the rules of the department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, any list of or names of, or any information concerning, persons applying for or receiving such aid, directly or indirectly derived from the records, papers, files or communications of the department or acquired in the course of the performance of official duties.

(2) Nothing in this section prohibits the disclosure and use of information about applicants and recipients as is necessary to carry out the child support enforcement laws of this state and of the United States.

(3) Nothing in this section prohibits the disclosure of the address of any applicant or recipient to a law enforcement official at the request of such official. To receive information pursuant to this section, the [officer] official must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b) Is violating a condition of probation or parole; or

(c) Has information that is necessary for the [officer] official to conduct the official duties of the [officer] official and the location or apprehension of the applicant or recipient is within such official duties.

NOTE: Remarries subject and verb in (1); corrects word choice in (3).

SECTION 217. ORS 418.155 is amended to read:

418.155. As used in ORS 418.150 to 418.172, unless the context or a specially applicable statutory definition requires otherwise:

[(1) “JOBS program” means programs established by the Department of Human Services, pursuant to the temporary assistance for needy families program and rules adopted thereunder.]

[(2)] (1) “Employment and training program” means a program for placing as many individuals as is possible in employment.

[(3)] (2) “JOBS Plus Program and work experience program” and “on the job training” mean work site programs for those individuals for whom such training is likely to lead to regular employment.

(3) “JOBS program” means programs established by the Department of Human Services, pursuant to the temporary assistance for needy families program and rules adopted thereunder.

NOTE: Alphabetizes definitions.

SECTION 218. ORS 418.280 is amended to read:

418.280. Private child-caring agencies, in placing children in private families, shall:

(1) Safeguard the welfare of the children by the thorough investigation of each applicant and home and its environment;

(2) [shall] Carefully select the child to suit the new relationship and location;

(3) [shall] Personally and adequately supervise each home and child until the latter returns to the direct care of the agency or, if permanently placed, receives legal adoption or attains legal age; and

(4) [shall,] So far as practicable, place such children in families of the same religious faith as that held by the children or their parents.

NOTE: Conforms structure to legislative style.

SECTION 219. ORS 418.285 is amended to read:

418.285. In addition to its other powers and responsibilities, the Department of Human Services has the same authority as a private child-caring agency under ORS 418.270 to 418.280[; and]. In exercising this authority, the department shall comply with the provisions of [those sections] ORS 418.270 to 418.280 the same as a private child-caring agency.

NOTE: Corrects punctuation; elucidates ORS reference.

SECTION 220. ORS 418.305 is amended to read:

418.305. The Department of Human Services may require any child-caring agency to divulge the location and relationship of any of its placed-out children[; and these]. The department or its agents may [be visited by the department or its agents] visit the location to ascertain the condition of such children or the quality of the child-placing work done. The location and relationship of each placed-out child shall be confidentially held by the department and its agents and revealed only when the welfare of the child requires such action on order of a court of competent jurisdiction.

NOTE: Conforms punctuation and syntax to legislative style.

SECTION 221. ORS 418.325 is amended to read:

418.325. (1) A child-caring agency shall safeguard the health of each ward or other dependent or delinquent child in its care by providing for medical examinations of each child by a qualified physician at the following intervals:

(a) Three examinations during the first year of the child's life;

(b) One examination during the second year of the child's life;

(c) One examination at the age of four;

(d) One examination at the age of six;

(e) One examination at the age of nine; and

(f) One examination at the age of 14.

(2) If an examination under subsection (1) of this section has not occurred within six months prior to the transfer for adoption of the custody of a child by a child-caring agency to the prospective adoptive parents of such child, a child-caring agency shall provide for a medical examination of such child within six months prior to such transfer.

(3) Any testing that occurs at intervals other than those specified in subsections (1) and (2) of this section shall not be considered to be in lieu of the required examinations. However, nothing in subsections (1) and (2) of this section is intended to limit more frequent examinations that are dictated by the general state of the child's health or by any particular condition.

(4) Within 90 days of obtaining guardianship over a child under six years of age, a child-caring agency shall provide for such child to be:

(a) Inoculated as determined appropriate by the county public health department; and

(b) Tested for:

(A) Phenylketonuria pursuant to ORS 433.285;

(B) Visual and aural acuity consistent with the child's age;

(C) Sickle-cell anemia;

(D) Effects of rubella, if any;

(E) Effects of parental venereal disease, if any; and

(F) The hereditary or congenital effects of parental use of drugs or controlled substances.

(5) Within six months prior to the transfer for adoption of the custody of a child by a child-caring agency to the prospective adoptive parents of such child, the child-caring agency shall provide for such child to have a complete physical examination by a physician, including but not limited to inspection for evidence of child abuse in accordance with rules of the Department of Human Services, and be tested for visual and aural acuity consistent with the child's age.

(6) A child-caring agency shall record the results of tests provided a child pursuant to subsections (1) to (5) of this section in the child's health record. The child's health record shall be kept as a part of the agency's total records of that child. The child's health record shall be made available to both natural parents and to both prospective foster or adoptive parents of that child. A qualified member of a child-caring agency under the supervision of a qualified physician shall explain to adoptive parents the medical factors possible as a result of a child's birth history, hereditary or congenital defects, or disease or disability experience.

NOTE: Conforms structure of (1) and (4)(b) to legislative style.

SECTION 222. ORS 418.470 is amended to read:

418.470. (1) The Department of Human Services may engage and make reasonable payment for services of persons to make available, maintain and operate shelter-care homes for the safekeeping of children taken into temporary custody pending investigation and disposition.

(2) The services, pursuant to specific prior authorization of the department, shall be deemed actually rendered if the shelter-care home is made available, maintained and operated to receive such children.

(3) As used in this section and ORS 418.472, “shelter-care home” means a certified foster home or a licensed facility contracted with by the Department of Human Services for the purpose of safekeeping of children taken into temporary custody pending investigation and disposition where the circumstances are such that the child need not be kept in secure custody.

NOTE: Corrects syntax in (3).

SECTION 223. ORS 418.475 is amended to read:

418.475. (1) Within the limit of moneys appropriated therefor, the Department of Human Services may establish or certify independent residence facilities for minors who:

(a) Are 16 years of age or older;

(b) Have been placed in at least one substitute care resource;

(c) Have been determined by the department to be unsuitable for placement in a substitute care resource;

(d) Have received permission from the appropriate juvenile court, if they are wards of the court; and

(e) Have been determined by the department to be suitable for an independent resident program.

(2) Residence facilities shall provide independent housing arrangements with counseling services and minimal supervision available from at least one counselor[; and]. All residential facilities having six or more residents shall be licensed by the department under ORS 443.400 to 443.455 and 443.991 (2).

(3) Each resident shall be required to maintain a program of education or employment, or a combination thereof, amounting to full-time activity and shall be required to pay a portion or all of the resident's housing expenses and other support costs.

(4) The department may make payment grants directly to minors enrolled in an independent living program for food, shelter, clothing and incidental expenses. Such payment grants shall be subject to an agreement between the minor and the department which establishes a budget of expenses.

(5) The department may establish cooperative financial management agreements with a minor and for that purpose may enter into joint bank accounts requiring two signatures for withdrawals. Such management agreements or joint accounts shall not subject the department or any counselor involved to any liability for debts or other responsibilities of the minor.

(6) The department shall make periodic reports to the juvenile court as required by the court regarding any minor who is ward of the court enrolled in an independent living program.

(7) The enrollment of a minor in an independent living program in accordance with the provisions of subsection (1) of this section shall not remove or limit in any way the obligation of the parent of the minor to pay support as ordered by a court under the provisions of ORS 419B.400 or 419C.590.

NOTE: Corrects punctuation in (2).

SECTION 224. ORS 419B.035 is amended to read:

419B.035. (1) Notwithstanding the provisions of ORS 192.001 to 192.170, 192.210 to 192.505 and 192.610 to 192.990 relating to confidentiality and accessibility for public inspection of public records and public documents, reports and records compiled under the provisions of ORS 419B.010 to 419B.050 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make records available to:

(a) Any law enforcement agency or a child abuse registry in any other state for the purpose of subsequent investigation of child abuse;

(b) Any physician, at the request of the physician, regarding any child brought to the physician or coming before the physician for examination, care or treatment;

(c) Attorneys of record for the child or child's parent or guardian in any juvenile court proceeding;

(d) Citizen review boards established by the Judicial Department for the purpose of periodically reviewing the status of children, youths and youth offenders under the jurisdiction of the juvenile court under ORS 419B.100 and 419C.005. Citizen review boards may make such records available to participants in case reviews;

(e) A court appointed special advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect; and

(f) The Child Care Division for certifying, registering or otherwise regulating child care facilities.

(2) The Department of Human Services may make reports and records available to any person, administrative hearings officer, court, agency, organization or other entity when the department determines that such disclosure is necessary to administer its child welfare services and is in the best interests of the affected child, or that such disclosure is necessary to investigate, prevent or treat child abuse and neglect, to protect children from abuse and neglect or for research when the [assistant director] Director of Human Services gives prior written approval. The department shall adopt rules setting forth the procedures by which it will make the disclosures authorized under this subsection and subsection (1) of this section. The names, addresses or other identifying information about the person who made the report shall not be disclosed pursuant to this subsection and subsection (1) of this section.

(3) Any record made available to a law enforcement agency in this state or to a physician in this state, as authorized by subsections (1) and (2) of this section, shall be kept confidential by the agency or physician. Any record or report disclosed by the department to other persons or entities pursuant to subsections (1) and (2) of this section shall be kept confidential.

(4) No officer or employee of the department or any person or entity to whom disclosure is made pursuant to subsections (1) and (2) of this section shall release any information not authorized by subsections (1) and (2) of this section.

(5) A person who violates subsection (3) or (4) of this section commits a Class A violation.

NOTE: Reflects statutory name change in (2).

SECTION 225. ORS 419B.045 is amended to read:

419B.045. If an investigation of a report of child abuse is conducted on public school premises, the school administrator shall first be notified that the investigation is to take place, unless the school administrator is a subject of the investigation. The school administrator or a school staff member designated by the administrator may, at the investigator's discretion, be present to facilitate the investigation. The Department of Human Services or the law enforcement agency making the investigation shall be advised of the child's [handicapping] disabling conditions, if any, prior to any interview with the affected child. A school administrator or staff member is not authorized to reveal anything that transpires during an investigation in which the administrator or staff member participates nor shall the information become part of the child's school records. The school administrator or staff member may testify at any subsequent trial resulting from the investigation and may be interviewed by the respective litigants prior to any such trial.

NOTE: Updates terminology.

SECTION 226. ORS 419B.116 is amended to read:

419B.116. (1)(a) As used in this section, “caregiver relationship” means a relationship between a person and a child:

(A) That has existed:

(i) During the year preceding the initiation of the dependency proceeding;

(ii) For at least six months during the dependency proceeding; or

(iii) For half of the child's life if the child is less than six months of age;

(B) In which the person had physical custody of the child or resided in the same household as the child;

(C) In which the person provided the child on a daily basis with the love, nurturing and other necessities required to meet the child's psychological and physical needs; and

(D) On which the child depended to meet the child's needs.

(b) “Caregiver relationship” does not include a relationship between a child and a person who is the nonrelated foster parent of the child unless the relationship continued for a period exceeding 12 months.

(2) A person asserting that the person has a caregiver relationship with a child may file a motion for intervention in a juvenile dependency proceeding.

(3) Filing a motion under subsection (2) of this section is the sole means by which a person may intervene in a juvenile dependency proceeding. An order granting intervention under this section is exclusively for juvenile dependency proceedings and does not confer standing or rights of intervention in any other action. Intervention is not allowed in proceedings under ORS 419B.500.

(4) A motion for intervention must state:

(a) The person's relationship to the child and the person's involvement in the child's life;

(b) The reason that intervention is sought;

(c) How the person's intervention is in the best interests of the child and aids the court in carrying out the purposes of this chapter;

(d) Why the existing parties cannot adequately present the case; and

(e) What specific relief is being sought.

(5) A person moving to intervene in a case must prove by a preponderance of the evidence that:

(a) A caregiver relationship exists between the person and the child;

(b) The intervention is in the best interests of the child;

(c) Intervention aids the court in carrying out the purposes of this chapter;

(d) The reason for intervention and the specific relief sought are consistent with the best interests of the child; and

(e) The existing parties cannot adequately protect the best interests of the child without the intervention.

(6) If the court finds that the motion for intervention is well founded, the court may grant the intervention or may grant rights of limited participation.

(7)(a) A person granted intervention is a party to the case and, except as provided in paragraphs (b) and (c) of this subsection, may be granted such relief as the court determines to be appropriate and in the best interests of the child.

(b) At any time, a person granted intervention or a person with rights of limited participation may move to be considered a temporary placement or visitation resource for the child.

(c) At any time after a court has determined at a permanency hearing that the permanent plan for the child should be something other than to return home, a person granted intervention may move to be considered the permanent placement resource for the child.

(8) The court may modify or set aside any order granting intervention or limited participation as provided in ORS [419B.420, 419B.423 and 419B.426] 419B.923.

NOTE: Eliminates references to repealed statutes and inserts appropriate citation in (8).

SECTION 227. ORS 419B.893 is amended to read:

419B.893. (1) A subpoena is a writ or an order directed to a person and may require the attendance of the person at a particular time and place to testify as a witness on behalf of a particular party mentioned in the subpoena or may require the person to produce books, papers, documents or other tangible things and permit inspection of them at a particular time and place. A subpoena may be for a trial, a hearing of any kind or a deposition under ORS 419B.884. A subpoena requiring attendance to testify as a witness requires that the witness remain until the testimony is closed unless sooner discharged, but at the end of each day's attendance a witness may demand of the party, or the party's attorney, the payment of legal witness fees for the next following day and if not then paid, the witness is not obliged to remain longer in attendance. Every subpoena must state the name of the court and the title of the action.

(2) Any party may have compulsory attendance of witnesses or the compulsory production of records.

NOTE: Adjusts syntax in (1).

SECTION 228. ORS 419B.896 is amended to read:

419B.896. A subpoena may command the person to whom it is directed to produce and permit inspection and copying, at the time and place specified in the subpoena, of designated books, papers, documents or other tangible things in the possession, custody or control of the person. A command to produce books, papers, documents or other tangible things and permit inspection of them may be joined with a command to appear at trial or hearing or, if the books, papers, documents or other tangible things are to be produced before trial, the command may be issued separately. A person commanded to produce and permit inspection and copying of designated books, papers, documents or other tangible things but not commanded to also appear for deposition under ORS 419B.884, hearing or trial may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena may not inspect and copy the materials except pursuant to an order of the court in whose name the subpoena was issued. If objection has been made, the party serving the subpoena, upon notice to the person commanded to produce, may move for an order to compel production. When a subpoena commands production of books, papers, documents or other tangible things, the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance with the subpoena, may:

(1) Quash or modify the subpoena if it is unreasonable and oppressive; or

(2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or other tangible things.

NOTE: Adjusts syntax in lead-in and (2).

SECTION 229. ORS 419B.899 is amended to read:

419B.899. (1) A subpoena may be issued:

(a) To require attendance before a court, at the trial of an issue in a court or, if separate from a subpoena commanding the attendance of a person, to produce and permit inspection of books, papers, documents or other tangible things. A subpoena may be issued under this paragraph:

(A) In blank by the clerk of the court in which the action is pending or, if there is no clerk, by a judge or justice of the court; or

(B) By an attorney of record of the party to the action in whose behalf the witness is required to appear, subscribed by the signature of the attorney.

(b) To require attendance at a deposition authorized under ORS 419B.884.

(c) To require attendance out of court in cases not provided for in paragraph (a) of this subsection, before a judge, justice or other officer authorized to administer oaths or take testimony in any matter under the laws of this state. A subpoena may be issued under this paragraph by the judge, justice or other officer before whom the attendance is required.

(2) Upon the request of a party or attorney, any subpoena issued by a clerk of court may be issued in blank and delivered to the party or attorney requesting it, who must fill it in before service.

(3) A subpoena to produce and permit inspection of records of a person who is not a party to the action must be served on the person and, if the person is represented, the person's attorney at least 10 days before the subpoena is served on the keeper or custodian of the records.

NOTE: Adjusts syntax in (1)(a).

SECTION 230. ORS 419B.902 is amended to read:

419B.902. (1) [Except as provided in subsection (2) of this section,] A subpoena may be served by the party or any other person 18 years of age or older. Except as provided in subsections (2), (3) and (4) of this section, the service must be made by delivering a copy to the witness personally. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is not accompanied by a command to appear at trial, hearing or deposition under ORS 419B.884, whether the subpoena is served personally or by mail, copies of a subpoena commanding production and inspection of books, papers, documents or other tangible things before trial must be served on each party at least seven days before the subpoena is served on the person required to produce and permit inspection, unless the court orders a shorter period.

(2)(a) A law enforcement agency shall designate an individual upon whom service of a subpoena may be made. A designated individual must be available during normal business hours. In the absence of a designated individual, service of a subpoena under paragraph (b) of this subsection may be made upon the officer in charge of the law enforcement agency.

(b) If a peace officer's attendance at trial is required as a result of employment as a peace officer, a subpoena may be served on the officer by delivering a copy personally to the officer or to an individual designated by the agency that employs the officer no later than 10 days prior to the date attendance is sought. A subpoena may be served in this manner only if the officer is currently employed as a peace officer and is present within the state at the time of service.

(c) When a subpoena has been served as provided in paragraph (b) of this subsection, the law enforcement agency shall make a good faith effort to give actual notice to the officer whose attendance is sought of the date, time and location of the court appearance. If the officer cannot be notified, the law enforcement agency shall promptly notify the court and a postponement or continuance may be granted to allow the officer to be personally served.

(d) As used in this subsection, “law enforcement agency” means the Oregon State Police, a county sheriff's department or a municipal police department.

(3) Under the following circumstances, service of a subpoena to a witness by mail has the same legal force and effect as personal service:

(a) The attorney mailing the subpoena certifies in connection with or upon the return of service that the attorney, or the attorney's agent, has had personal or telephone contact with the witness and the witness indicated a willingness to appear at trial if subpoenaed; or

(b) The subpoena was mailed to the witness more than five days before trial by certified mail or some other designation of mail that provides a receipt for the mail signed by the recipient and the attorney received a return receipt signed by the witness prior to trial.

(4) Service of subpoena by mail may be used for a subpoena commanding production of books, papers, documents or other tangible things that is not accompanied by a command to appear at trial or hearing or at a deposition under ORS 419B.884.

(5) Proof of service of a subpoena is made in the same manner as proof of service of a summons except that the server is not required to certify that the server is not a party in the action or an attorney for a party in the action.

NOTE: Adjusts syntax in (1) and (4).

SECTION 231. ORS 421.120 is amended to read:

421.120. (1) As used in this section, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp.

[(1)] (2) Each inmate confined in execution of the judgment of sentence upon any conviction in the Department of Corrections institution, for any term other than life, and whose record of conduct shows that the inmate faithfully has observed the rules of the institution, shall be entitled to a deduction from the term of sentence to be computed as follows:

(a) From the term of a sentence of not less than six months nor more than one year, one day shall be deducted for every six days of [such] the sentence actually served in the Department of Corrections institution.

(b) From the term of a sentence of more than one year, one day shall be deducted for every two days of [such] the sentence actually served in the Department of Corrections institution.

(c) From the term of any sentence, one day shall be deducted for every 15 days of work actually performed in prison industry, or in meritorious work in connection with prison maintenance and operation, or of enrollment in an educational activity as certified by the educational director of the institution during the first year of prison employment or educational activity, and one day shall be deducted for every seven days of such work actually performed or educational activity certified after the first year to and including the fifth year of prison employment or educational activity certified, and one day for every six days of [such] the work actually performed or educational activity certified after the fifth year of prison employment.

(d) From the term of any sentence, one day shall be deducted for every 10 days of work actually performed in agriculture during the first year of prison employment, and one day for every six days of [such] the work actually performed thereafter.

(e) From the term of any sentence, one day shall be deducted for every six days' work performed at work camp during the first year of prison employment, and one day for every four days thereafter. Once the four-day rate is achieved, it may be applied to subsequent work or education release programs while the inmate is serving the same term.

[(f)] (3) The deductions allowed in [paragraphs (c), (d) and (e) of this] subsection (2)(c), (d) and (e) of this section shall be in addition to those allowed in [paragraphs (a) and (b) of this] subsection (2)(a) and (b) of this section.

[(g) In this subsection, “prison employment” includes actual work in prison industry, meritorious work in connection with prison maintenance and operation, actual work in agriculture and actual work at work camp.]

[(h)] (4) The Department of Corrections shall develop pursuant to the rulemaking provisions of ORS 183.310 to 183.550 a uniform procedure for granting, retracting and restoring deductions allowed in [paragraphs (a) to (g) of this] subsection(2) of this section.

[(2)] (5) When a paroled inmate violates any condition of parole, no deduction from the term of sentence, as provided in subsection [(1)] (2) of this section, shall be made for service by [such] the inmate in the Department of Corrections institution prior to acceptance and release on parole, except when authorized by the State Board of Parole and Post-Prison Supervision upon recommendation of the superintendent thereof.

[(3)] (6) The provisions of this section shall apply only to offenders sentenced for felonies committed prior to November 1, 1989.

NOTE: Conforms placement of definition, structure, syntax and punctuation to legislative style.

SECTION 232. ORS 421.122 is amended to read:

421.122. For purposes of ORS 421.120, the time that a person is enrolled in good standing in the work release program is considered to be part of the sentence of the person actually served in the Department of Corrections institution. Employment performed by an enrollee while so enrolled is considered to be prison employment and shall qualify for the reduction in sentence authorized under ORS 421.120 [(1)(d)] (2)(d) in addition to any other reduction for which the enrollee may qualify.

NOTE: Reflects renumbering; see section 231 (amending 421.120).

SECTION 233. ORS 421.590 is amended to read:

421.590. (1) For the purposes of this section:

(a) “Medical treatment program” means a treatment program based on a successful medical model that has been proven to reduce recidivism, and that may include treatment by prescribed medication when recommended by a qualified psychiatrist or physician, psychological treatment, or both. Any treatment administered under a medical treatment program must be within the range of treatments generally recognized as acceptable within the medical community.

(b) “Program participant” means a person sentenced for a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, or a person who is eligible for parole or post-prison supervision after a term of imprisonment based on conviction of a sex crime or a felony attempt to commit a sex crime, who agrees to participate in a medical treatment program after having been evaluated to be a suitable candidate and who has been provided with adequate information to give informed consent to participation.

(c) “Sex crime” means rape in any degree, sodomy in any degree, unlawful sexual penetration in any degree and sexual abuse in the first or second degree.

(2) The Department of Corrections shall establish a medical treatment program for persons convicted of a sex crime or a felony attempt to commit a sex crime. Any person sentenced for a sex crime or a felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the person's criminal conduct. If the evaluation determines that the person is a suitable candidate, the department shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.

(3) The State Board of Parole and Post-Prison Supervision shall offer as a condition of parole or post-prison supervision to persons convicted of a sex crime or a felony attempt to commit a sex crime the opportunity to participate in a medical treatment program established by the Department of Corrections under this section. Any person eligible for release for a sex crime or felony attempt to commit a sex crime may be evaluated to determine if available medical or psychological treatment would be likely to reduce the biological, emotional or psychological impulses that were the probable cause of the person's criminal conduct. If the evaluation determines that the person is a suitable candidate, the board shall offer to allow the person to participate in the medical treatment program. The person must agree to become a program participant.

(4) The Department of Corrections shall adopt rules prescribing the procedures and guidelines for implementing the medical treatment programs required under the provisions of this section.

[(5) The Department of Corrections shall report to the Sixty-eighth and Sixty-ninth Legislative Assemblies on the success of the medical treatment programs required under the provisions of this section, including a report on recidivism rates of program participants.]

NOTE: Deletes obsolete subsection (5).

SECTION 234. ORS 426.020 is amended to read:

426.020. The superintendents of the hospitals mentioned in ORS 426.010 shall be persons the Department of Human Services considers qualified to administer the hospital. If the superintendent of any hospital is a physician licensed by the Board of Medical Examiners for the State of Oregon, the superintendent shall serve as chief medical officer. If the superintendent is not a physician, the [assistant director] Director of Human Services or the designee of the [assistant] director shall appoint a physician to serve as chief medical officer who shall be in the unclassified service.

NOTE: Conforms to statutory naming scheme.

SECTION 235. ORS 426.070 is amended to read:

426.070. (1) Any of the following may initiate commitment procedures under this section by giving the notice described under subsection (2) of this section:

(a) Two persons;

(b) The county health officer; or

(c) Any magistrate.

(2) For purposes of subsection (1) of this section, the notice must comply with the following:

(a) It must be in writing under oath;

(b) It must be given to the community mental health and developmental disabilities program director or a designee of the director in the county where the allegedly mentally ill person resides;

(c) It must state that a person within the county other than the person giving the notice is a mentally ill person and is in need of treatment, care or custody;

(d) If the commitment proceeding is initiated by two persons under subsection (1)(a) of this section, it may include a request that the court notify the two persons:

(A) Of the issuance or nonissuance of a warrant under this section; or

(B) Of the court's determination under ORS 426.130 (1); and

(e) If the notice contains a request under paragraph (d) of this subsection, it must also include the addresses of the two persons making the request.

(3) Upon receipt of a notice under subsections (1) and (2) of this section or when notified by a circuit court that the court received notice under ORS 426.234, the community mental health and developmental disabilities program director, or designee of the director, shall:

(a) Immediately notify the judge of the court having jurisdiction for that county under ORS 426.060 of the notification described in subsections (1) and (2) of this section.

(b) Immediately notify the Department of Human Services if commitment is proposed because the person appears to be a mentally ill person, as defined in ORS 426.005 (1)(d)(C). When such notice is received, the department may verify, to the extent known by the department, whether or not the person meets the criteria described in ORS 426.005 (1)(d)(C)(i) and (ii) and so inform the community mental health and developmental disabilities program director or designee of the director.

(c) Initiate an investigation under ORS 426.074 to determine whether there is probable cause to believe that the person is in fact a mentally ill person.

(4) Upon completion, a recommendation based upon the investigation report under ORS 426.074 shall be promptly submitted to the court. If the community mental health and developmental disabilities program director determines that probable cause does not exist to believe that a person released from detention under ORS 426.234 (2)(c) or (3)(b) is a mentally ill person, the community mental health and developmental disabilities program director shall not submit a recommendation to the court.

(5) When the court receives notice under subsection (3) of this section:

(a) If the court, following the investigation, concludes that there is probable cause to believe that the person investigated is a mentally ill person, it shall, through the issuance of a citation as provided in ORS 426.090, cause the person to be brought before it at a time and place as it may direct, for a hearing under ORS 426.095 to determine whether the person is mentally ill. The person shall be given the opportunity to appear voluntarily at the hearing unless the person fails to appear or unless the person is detained pursuant to paragraph (b) of this subsection.

(b)(A) The judge may cause the allegedly mentally ill person to be taken into custody pending the investigation or hearing by issuing a warrant of detention under this subsection. A judge may only issue a warrant under this subsection if the court finds that there is probable cause to believe that failure to take the person into custody would pose serious harm or danger to the person or to others.

(B) To cause the custody of a person under this paragraph, the judge must issue a warrant of detention to the community mental health and developmental disabilities program director or designee, the sheriff of the county or designee, directing that person to take the allegedly mentally ill person into custody and produce the person at the time and place stated in the warrant.

(C) At the time the person is taken into custody, the person shall be informed by the community mental health and developmental disabilities program director, the sheriff or a designee of the following:

(i) The person's rights with regard to representation by or appointment of counsel as described in ORS 426.100; and

(ii) The warning under ORS 426.123.

(D) The court may make any orders for the care and custody of the person prior to the hearing as it considers necessary.

(c) If the notice includes a request under subsection (2)(d)(A) of this section, the court shall notify the two persons of the issuance or nonissuance of a warrant under this subsection.

NOTE: Clarifies title in (3)(b).

SECTION 236. ORS 426.127 is amended to read:

426.127. The following provisions are applicable to outpatient commitment under ORS 426.130 as described:

(1) The Department of Human Services may only place a person in an outpatient commitment if an adequate treatment facility is available.

(2) Conditions for the outpatient commitment shall be set at the time of the hearing under ORS 426.095 by the community mental health and developmental disabilities program director, or a designee for the director, for the county in which the hearing takes place. The conditions shall include, but not be limited to, the following:

(a) Provision for outpatient care.

(b) A designation of a facility, service or other provider to provide care or treatment.

(3) A copy of the conditions shall be given to all of the persons described in ORS 426.278.

(4) Any outpatient commitment ordered under this section is subject to the provisions under ORS 426.275.

(5) The community mental health and developmental disabilities program director or designee, for the county where a person is on outpatient commitment, may modify the conditions for outpatient commitment when a modification is in the best interest of the person. The community mental health and developmental disabilities program director or designee shall send notification of such changes and the reasons for the changes to all those who received a copy of the original conditions under ORS 426.278.

NOTE: Clarifies title in (5).

SECTION 237. ORS 426.237 is amended to read:

426.237. (1) During a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, the community mental health and developmental disabilities program director shall do one of the following:

(a) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court not proceed further in the matter if the community mental health and developmental disabilities program director does not believe the person is a mentally ill person.

(b) No later than three judicial days after initiation of a prehearing period of detention as provided in ORS 426.070, 426.140, 426.232 or 426.233, certify the detained person for a 14-day period of intensive treatment if:

(A) The community mental health and developmental disabilities program director and a psychiatrist, as defined by rule by the Department of Human Services, have probable cause to believe the person is a mentally ill person;

(B) The community mental health and developmental disabilities program director in the county where the person resides verbally approves the arrangements for payment for the services at the hospital or nonhospital facility; and

(C) The community mental health and developmental disabilities program director locates a hospital or nonhospital facility that:

(i) Is approved by the department and the community mental health and developmental disabilities program director in the county where the person resides; and

(ii) Can, in the opinion of the community mental health and developmental disabilities program director and the psychiatrist, provide intensive care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric needs of the person.

(c) Recommend, in an investigation report as provided in ORS 426.074, that the circuit court hold a hearing under ORS 426.070 to 426.130 if the community mental health and developmental disabilities program director has probable cause to believe the person is a mentally ill person.

(2)(a) If the circuit court adopts the recommendation of the community mental health and developmental disabilities program director under subsection (1)(a) of this section, the circuit court shall enter an order releasing the person and dismissing the case. Unless the person agrees to voluntary treatment, if the person is being detained in a:

(A) Nonhospital facility, the community mental health and developmental disabilities program director shall make discharge plans and insure the discharge of the person.

(B) Hospital, the treating physician shall make discharge plans and discharge the person.

(b) Upon release of the person, the community mental health and developmental disabilities program director shall attempt to notify the person's next of kin if the person consents to the notification.

(3)(a) If the detained person is certified for treatment under subsection (1)(b) of this section, the community mental health and developmental disabilities program director shall:

(A) Deliver immediately a certificate to the court having jurisdiction under ORS 426.060; and

(B) Orally inform the person of the certification and deliver a copy of the certificate to the person.

(b) The certificate required by paragraph (a) of this subsection shall include:

(A) A written statement under oath by the community mental health and developmental disabilities program director and the psychiatrist that they have probable cause to believe the person is a mentally ill person in need of care or treatment for mental illness;

(B) A treatment plan that describes, in general terms, the types of treatment and medication to be provided to the person during the 14-day period of intensive treatment;

(C) A notice of the person's right to an attorney and that an attorney will be appointed by the court or as otherwise obtained under ORS 426.100 (3);

(D) A notice that the person has a right to request and be provided a hearing under ORS 426.070 to 426.130 at any time during the 14-day period; and

(E) The date and time the copy of the certificate was delivered to the person.

(c) Immediately upon receipt of a certificate under paragraph (a) of this subsection, the court shall notify the person's attorney or appoint an attorney for the person if the person cannot afford one. Within 24 hours of the time the certificate is delivered to the court, the person's attorney shall review the certificate with the person. If the person and the person's attorney consent to the certification within one judicial day of the time the certificate is delivered to the circuit court and, except as provided in subsection (4) of this section, the court shall postpone the hearing required by ORS 426.070 to 426.130 for 14 days.

(d) When a person is certified for treatment under subsection (1)(b) of this section and accepts the certification:

(A) Except as otherwise provided in this paragraph, all methods of treatment, including the prescription and administration of drugs, shall be the sole responsibility of the treating physician. However, the person shall not be subject to electroshock therapy or unduly hazardous treatment and shall receive usual and customary treatment in accordance with medical standards in the community.

(B) Except when the person expressly refuses treatment, the treating physician shall treat the person within the scope of the treatment plan provided the person under paragraph (b) of this subsection. The person's refusal of treatment constitutes sufficient grounds for the community mental health and developmental disabilities program director to request a hearing as provided in subsection (4)(a) of this section.

(C) If the person is in a hospital and the community mental health and developmental disabilities program director locates a nonhospital facility, approved by the department, that, in the opinion of the community mental health and developmental disabilities program director and the treating physician, can provide care or treatment for mental illness necessary and sufficient to meet the emergency psychiatric needs of the person, the treating physician shall discharge the person from the hospital and the community mental health and developmental disabilities program director shall remove the person to the nonhospital facility for the remainder of the 14-day intensive treatment period. If, however, in the opinion of the treating physician, the person's condition requires the person to receive medical care or treatment, the physician shall retain the person in the hospital.

(D) If the person is in a nonhospital facility, the community mental health and developmental disabilities program director shall transfer the person to a hospital approved by the department under the following conditions:

(i) If, in the opinion of a physician, the person's condition requires the person to receive medical care or treatment in a hospital; and

(ii) The physician agrees to admit the person to a hospital, approved by the department, where the physician has admitting privileges.

(E) If the person is transferred as provided in subparagraph (C) or (D) of this paragraph, the community mental health and developmental disabilities program director shall notify the circuit court, in the county where the certificate was filed, of the location of the person. The person may appeal the transfer as provided by rules of the department.

(e) If the person is in a hospital, the treating physician may discharge the person at any time during the 14-day period. The treating physician shall confer with the community mental health and developmental disabilities program director and the person's next of kin, if the person consents to the consultation, prior to discharging the person. Immediately upon discharge of the person, the treating physician shall notify the court in the county in which the certificate was filed initially.

(f) If the person is in a nonhospital facility, the community mental health and developmental disabilities program director may discharge the person at any time during the 14-day period. The community mental health and developmental disabilities program director shall consult with the treating physician and the person's next of kin, if the person consents to the consultation, prior to discharging the person. Immediately upon discharge of the person, the community mental health and developmental disabilities program director shall notify the court in the county in which the certificate was filed initially.

(g) The person may agree to voluntary treatment at any time during the 14-day period. When a person agrees to voluntary treatment under this paragraph, the community mental health and developmental disabilities program director immediately shall notify the court in the county in which the certificate was filed initially.

(h) A person consenting to 14 days of treatment under subsection (3)(c) of this section shall not be held longer than 14 days from the time of consenting without a hearing as provided in ORS 426.070 to 426.130.

(i) When the court receives notification under paragraph (e), (f) or (g) of this subsection, the court shall dismiss the case.

(4) The judge of the circuit court shall immediately commence proceedings under ORS 426.070 to 426.130 when:

(a) The person consenting to 14 days of treatment or the community mental health and developmental disabilities program director requests a hearing. The hearing shall be held without unreasonable delay. In no case shall the person be held in a hospital or nonhospital facility longer than five judicial days after the request for a hearing is made without a hearing being held under ORS 426.070 to 426.130.

(b) The community mental health and developmental disabilities program director acts under subsection (1)(c) of this section. In no case shall the person be held longer than five judicial days without a hearing under this subsection.

NOTE: Clarifies title in (2)(a)(A).

SECTION 238. ORS 426.395 is amended to read:

426.395. A simple and clear statement of rights guaranteed to patients committed to the [division] Department of Human Services shall be prominently posted in each room frequented by patients in all facilities housing such patients. A copy of the statement shall be given to each patient upon admission and sent, upon request, to the legal counsel, guardian, relative or friend of the patient.

NOTE: Conforms to statutory naming scheme.

SECTION 239. ORS 430.368 is amended to read:

430.368. (1) Any alcohol and drug abuse prevention, early intervention and treatment service, including but not limited to minority programs, aggrieved by any final action of an applicant with regard to requesting funding for the program from the Department of Human Services, may appeal the applicant's action to the Director of [the department] Human Services within 30 days of the action. For the purposes of this section “final action” means the submission of the applicant's compiled funding requests to the department. The director shall review, in consultation with the Governor's Council on Alcohol and Drug Abuse Programs, all appealed actions for compliance with the purposes and requirements of ORS 430.306, 430.338 to 430.380, 471.810, 473.030 and 473.050, including but not limited to ORS 430.338 (5).

(2) The director shall act on all appeals within 60 days of filing, or before the time of the department's decision on the applicant's funding request, whichever is less. The director is not required to follow procedures for hearing a contested case, but shall set forth written findings justifying the action. The decision of the director shall be final, and shall not be subject to judicial review.

NOTE: Clarifies title in (1).

SECTION 240. ORS 430.763 is amended to read:

430.763. Notwithstanding the provisions of ORS 192.410 to 192.505, the names of persons who made reports of abuse, witnesses of alleged abuse and the affected adults and materials under ORS 430.747 maintained under the provisions of ORS 430.757 are confidential and are not accessible for public inspection. However, the Department of Human Services shall make this information and any investigative report available to any law enforcement agency, to any public agency that licenses or certifies facilities or licenses or certifies the persons practicing therein and to any public agency providing protective services for the adult, if appropriate. The department shall also make this information and any investigative report available to any private agency providing protective services for the adult and to the protection and advocacy system for the affected adults designated pursuant to [42 U.S.C. 6012] 42 U.S.C.A. 15041 et seq. When this information and any investigative report is made available to a private agency, the confidentiality requirements of this section apply to the private agency.

NOTE: Corrects federal citation.

SECTION 241. ORS 431.230 is amended to read:

431.230. (1) The Director of Human Services may request the Oregon Department of Administrative Services to, and when so requested, the Oregon Department of Administrative Services shall, draw a payment on the Public Health Account in favor of the Director of Human Services in a sum not exceeding $25,000, which sum shall be used by the director as an emergency or revolving fund.

(2) The emergency or revolving fund shall be deposited with the State Treasurer, and shall be at the disposal of the Director of Human Services. It may be used to pay advances for salaries, travel expenses or any other proper claim against, or expense of, [the Health Division,] the Department of Human Services or the health-related licensing boards for whom the department provides accounting services.

(3) Claims for reimbursement of advances paid from the emergency or revolving fund shall be submitted to the department for approval. When such claims are so approved, payments covering them shall be drawn in favor of the Director of Human Services and charged against the appropriate fund or account, and shall be used to reimburse the emergency or revolving fund.

(4) The department may establish petty cash funds within the emergency or revolving fund by drawing checks upon the emergency or revolving fund payable to the custodians of the petty cash funds.

NOTE: Reflects statutory naming scheme in (2).

SECTION 242. ORS 431.418 is amended to read:

431.418. (1) Each district board of health shall appoint a qualified public health administrator to supervise the activities of the district in accordance with law. Each county governing body in a county that has created a county board of health under ORS 431.412 shall appoint a qualified public health administrator to supervise the activities of the county health department in accordance with law. In making such appointment, the district or county board of health shall consider standards for selection of administrators prescribed by the Department of Human Services.

(2) [Where] When the public health administrator is a physician licensed by the Board of Medical Examiners for the State of Oregon, the administrator shall serve as health officer for the district or county board of health. [Where] When the public health administrator is not a physician licensed by the Board of Medical Examiners for the State of Oregon, the administrator will employ or otherwise contract for services with a health officer who shall be a licensed physician and who will perform those specific medical responsibilities requiring the services of a physician and shall be responsible to the public health administrator for the medical and paramedical aspects of the health programs.

(3) The public health administrator shall:

(a) Serve as the executive secretary of the district or county health board, act as the administrator of the district or county health department and supervise the officers and employees appointed under paragraph (b) of this subsection.

(b) Appoint with the approval of the health board, administrators, medical officers, public health nurses, sanitarians and such other employees as are necessary to carry out the duties and responsibilities of the office.

(c) Provide the board at appropriate intervals information concerning the activities of the county health department and submit an annual budget for the approval of the county governing body except that, in the case of the district public health administrator, the budget shall be submitted to the governing bodies of the participating counties for approval.

(d) Act as the agent of the Department of Human Services in enforcing state public health laws and rules of the Department of Human Services, including such sanitary inspection of hospitals and related institutions as may be requested by the Department of Human Services.

(e) Perform such other duties as may be required by law.

(4) The public health administrator shall serve until removed by the appointing board. The public health administrator shall engage in no occupation which conflicts with official duties and shall devote sufficient time to duties as public health administrator as may be necessary to fulfill the requirements of subsection (3) of this section. However, if the board of health is not created under ORS 431.412, it may, with the approval of the Director of Human Services, require less than full-time service of the public health administrator.

(5) The public health administrator shall receive a salary fixed by the appointing board and shall be reimbursed for actual and necessary expenses incurred in the performance of duties.

NOTE: Corrects word choice in (2); clarifies agency reference in (3)(c).

SECTION 243. ORS 432.500 is amended to read:

432.500. As used in ORS 432.510 to 432.550 and 432.900:

[(1) “Division” means the Health Division of the Department of Human Services or its authorized representative.]

[(2)] (1) “Health care facility” means a hospital, as defined in ORS 442.015 (19), or an ambulatory surgical center, as defined in ORS 442.015.

[(3)] (2) “Practitioner” means any person whose professional license allows the person to diagnose or treat cancer in patients.

NOTE: Deletes outdated definition.

SECTION 244. ORS 433.035 is amended to read:

433.035. (1) Whenever the Director of Human Services or any local public health administrator reasonably believes any person within the jurisdiction of the director or local public health administrator has any communicable disease identified by rule of the Department of Human Services to be a reportable disease, the director or local public health administrator may cause a medical examination to be made of such person to determine whether the person has a communicable disease. The person who orders an examination pursuant to this section shall, in the order, make written findings stating the communicable disease that the person ordering the examination believes the person has, the reasons for that belief, that medical or laboratory confirmation of the disease is feasible and possible and that such confirmation would enable control measures to be taken to minimize infection of others with the disease. The order shall also include a statement that the person may refuse to submit to the examination and that if so, a public health measure may be imposed.

(2) When any person is directed to submit to an examination under subsection (1) of this section and the person agrees to do so, the person shall submit to such examination as may be necessary to establish the presence or absence of the communicable disease for which the medical examination was directed. The examination shall be carried out by the local health officer or a physician licensed by the Board of Medical Examiners for the State of Oregon or the [Naturopathic] Board of Naturopathic Examiners. A written report of the results of such examination shall be made to the person ordering the examination. Laboratory examinations, if any, shall be carried out by the laboratory of the department whenever such examinations are within the scope of the tests conducted by the laboratory. If treatment is needed, the person, the parent or guardian of the person shall be liable for the costs of treatment based on the examination carried out under this section, when able to pay such costs. Cost of any examination performed by a physician in private practice shall be paid from public funds available to the local public health administrator, if any, or from county funds available for general governmental expenses in the county for which the local public health administrator serves or in the county where the person examined resides if the local public health administrator serves more than one county or the examination was ordered by the director.

(3) If the person directed to submit to a medical examination pursuant to subsection (1) of this section refuses to do so the director or the local public health administrator may impose a public health measure pursuant to ORS 433.019, 433.022 and 433.106.

(4) In any proceeding under ORS 433.019, 433.022 and 433.106, the lack of confirming medical or laboratory evidence that could be obtained by an examination which was refused when requested under this section shall not preclude a finding that probable cause exists.

NOTE: Corrects title in (2).

SECTION 245. ORS 433.045 is amended to read:

433.045. (1) Except as provided in ORS 433.055 (3) and433.080, no person shall subject the blood of an individual to an HIV test without first obtaining informed consent as described in subsection (2) or (7) of this section.

(2) A physician licensed under ORS chapter 677 shall comply with the requirement of subsection (1) of this section through the procedure in ORS 677.097. Any other licensed health care provider or facility shall comply with the requirement of subsection (1) of this section through a procedure substantially similar to that specified in ORS 677.097. Any other person shall comply with this requirement through use of such forms, procedures and educational materials as the Department of Human Services shall specify.

(3) Regardless of the manner of receipt or the source of the information, including information received from the tested individual, no person shall disclose or be compelled to disclose the identity of any individual upon whom an HIV-related test is performed, or the results of such a test in a manner which permits identification of the subject of the test, except as required or permitted by federal law, the law of this state or any rule, including any Department of Human Services rule considered necessary for public health or health care purposes, or as authorized by the individual whose blood is tested.

(4) Any person who complies with the requirements of this section shall not be subject to an action for civil damages.

(5) An HIV test shall be considered diagnosis of venereal disease for purposes of ORS 109.610.

(6) As used in this section:

(a) “HIV test” means a test of an individual for the presence of human immunodeficiency virus (HIV), or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV.

(b) “Person” includes but is not limited to any health care provider, health care facility, clinical laboratory, blood or sperm bank, insurer, insurance agent, insurance-support organization, as defined in ORS 746.600, government agency, employer, research organization or agent of any of them. For purposes of subsection (3) of this section, “person” does not include an individual acting in a private capacity and not in an employment, occupational or professional capacity.

(7) Whenever an insurer, insurance agent or insurance support organization asks an applicant for insurance to take an HIV test in connection with an application for insurance, the use of such a test must be revealed to the applicant and the written consent thereof obtained. The consent form shall disclose the purpose of the test and the persons to whom the results may be disclosed.

NOTE: Recognizes additional exception in (1).

SECTION 246. ORS 433.235 is amended to read:

433.235. As used in ORS 433.235 to 433.284:

(1) “Administrator” means the principal or other person having general control and supervision of a school or children's facility.

(2) “Children's facility” or “facility” means:

(a) A certified child care facility as described in ORS 657A.030 and 657A.250 to 657A.450, except as exempted by rule of the Department of Human Services;

(b) A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry, except as exempted by rule of the department; or

(c) A program providing child care or educational services to children, six weeks of age to kindergarten entry, in a residential or nonresidential setting, except as exempted by rule of the department.

(3) “Local health department” means the district or county board of health, public health officer, public health administrator or health department having jurisdiction within the area.

(4) “Parent” means a parent or guardian of a child or any adult responsible for the child.

(5) “Physician” means a physician licensed by the Board of Medical Examiners for the State of Oregon or by the [Naturopathic] Board of Naturopathic Examiners or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States.

(6) “School” means a public, private or parochial school offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the Department of Human Services.

NOTE: Corrects title in (5).

SECTION 247. ORS 436.255 is amended to read:

436.255. (1) Upon such a petition for determination of ability to give informed consent, the court shall assign a time, not later than 30 days thereafter, and a place for hearing the petition.

(2) The court may, at its discretion, hold a hearing on the petition at a place other than the courtroom if it would facilitate the presence of the respondent. The court shall cause a copy of the petition and notice of the hearing to be served on the respondent and the respondent's parent, legal guardian or conservator, if any, at least 14 days prior to the hearing date. Notice is also required to the following:

(a) The spouse of the respondent, if any;

(b) The sibling of the respondent if there are no living parents;

(c) The officially designated State Office of Protection and Advocacy under [40 U.S.C. 6012] 42 U.S.C.A. 15041 et seq.; and

(d) Such other persons as the court may determine have an interest in the respondent.

(3) If the parent or legal guardian of the respondent is not a resident of this state, notice may be served by registered mail or by certified mail with return receipt. If the residence of the respondent's parent or legal guardian is unknown, an affidavit so stating shall be filed in lieu of service.

NOTE: Corrects federal citation in (2)(c).

SECTION 248. ORS 436.335 is amended to read:

436.335. (1) The disposition of all cases under this chapter shall be reported to the State Court Administrator. The State Court Administrator shall forward any reported information to the officially designated State Office of Protection and Advocacy under [42 U.S.C. 6012] 42 U.S.C.A. 15041 et seq.

(2) The officially designated State Office of Protection and Advocacy under [42 U.S.C. 6012] 42 U.S.C.A. 15041 et seq. shall review biennially all cases pertaining to sterilization under this chapter and shall report to the Legislative Assembly its assessment of the need for any changes in the procedures or standards set forth in this chapter.

NOTE: Corrects federal citations.

SECTION 249. ORS 441.015 is amended to read:

441.015. (1) [After July 1, 1947,] No person or governmental unit, acting severally or jointly with any other person or governmental unit, shall establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, as defined in ORS 442.015, in this state without a license.

(2) Any health care facility or health maintenance organization which is in operation at the time of promulgation of any applicable rules or minimum standards under ORS 441.055 or 731.072 shall be given a reasonable length of time within which to comply with such rules or minimum standards.

NOTE: Deletes obsolete provision in (1).

SECTION 250. ORS 441.087 is amended to read:

441.087. (1) The Department of Human Services shall, in addition to any inspections conducted pursuant to complaints filed against long term care facilities, conduct at least one general inspection of each long term care facility in the state each calendar year, including, but not limited to, entering the facility, interviewing residents and reviewing records. No advance notice shall be given of any inspection conducted pursuant to this section.

(2) Any state employee giving advance notice in violation of subsection (1) of this section shall be suspended from all duties without pay for a period of at least 10 working days, or for a longer period as determined by the [assistant director of the department] Director of Human Services.

NOTE: Reflects statutory name change in (2).

SECTION 251. Section 1, chapter 972, Oregon Laws 2001, is amended to read:

Sec. 1. (1) The Department of Human Services shall establish a demonstration project to:

(a) Evaluate alternate approaches to licensing and regulating nursing homes in order to improve the quality of long term care services to residents of nursing homes;

(b) Improve the performance of nursing homes on state and federal licensing surveys; and

(c) Use state resources allocated for the regulation of nursing homes more efficiently and effectively.

(2) The goals of the demonstration project are to:

(a) Improve the quality of services for residents of nursing homes;

(b) Increase the percentage of nursing homes that are in substantial compliance with licensing requirements;

(c) Decrease the adversarial nature of the regulatory process by making it more collaborative;

(d) Provide training and technical assistance to administrators and staff of nursing homes;

(e) Offer forums for nursing home administrators and staff to share information; and

(f) Develop alternate approaches to achieve regulatory compliance.

(3)(a) The department shall apply to the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services for a waiver of federal regulations in order to conduct licensing surveys of nursing homes participating in the demonstration project at irregular intervals.

(b) Notwithstanding ORS 441.087 (1), upon receipt of the federal waiver, the department may:

(A) Use a varied licensing survey schedule for nursing homes participating in the demonstration project; and

(B) Conduct additional licensing surveys as needed, including but not limited to the following circumstances:

(i) Change of ownership or management of the nursing home;

(ii) Change of administrator or director of nursing services; or

(iii) Multiple substantiated complaint investigations.

NOTE: Corrects name of federal agency in (3)(a).

SECTION 252. Section 5, chapter 972, Oregon Laws 2001, is amended to read:

Sec. 5. Sections 1 and 4, chapter 972, Oregon Laws 2001, [of this 2001 Act] become operative when the Director of Human Services receives a waiver from the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services to conduct licensing surveys of nursing homes in the demonstration project at irregular intervals, adopts rules under section 3, chapter 972, Oregon Laws 2001, [of this 2001 Act] and files a copy of the rules with the Secretary of State, as prescribed by ORS 183.310 to 183.550.

NOTE: Corrects name of federal agency.

SECTION 253. ORS 441.124 is amended to read:

441.124. (1) The Long Term Care Ombudsman shall prepare and distribute to each long term care facility in this state a written notice describing the procedures to follow in making a complaint, including the address and telephone number of the ombudsman and local designee, if any.

(2) [Within 60 days after November 1, 1981,] The administrator of each long term care facility shall post the written notice required by this section in conspicuous places in the facility in accordance with procedures provided by the ombudsman and shall give such notice to any resident and legally appointed guardian, if any.

NOTE: Eliminates dated provision.

SECTION 254. ORS 441.277 is amended to read:

441.277. As used in ORS 441.277 to 441.323:

(1) “Department” means the Department of Human Services.

(2) “Director” means the Director of Human Services.

(3) “Facility” means a long term care facility as defined in ORS 442.015 or a residential care facility as defined in ORS 443.400. Facilities licensed under ORS 418.205 to 418.325 by the department are exempt from ORS 441.277 to 441.323.

(4) “Monitor” means an agent of the director designated by the director to observe the operation of a facility.

NOTE: Corrects grammar in (2).

SECTION 255. ORS 441.303 is amended to read:

441.303. (1) To establish and maintain a fund to meet expenses of a trustee if moneys collected under ORS 441.289 and 441.293 are insufficient, the Department of Human Services shall require a payment equal to the equivalent of the annual license fee for the facility. The payment shall be due annually on a date fixed by the department and enforced in the same manner as the license fee for the particular facility is payable and enforceable. The amount of payments shall be set so as to acquire in the account the $300,000 described in subsection (3) of this section at the end of six years from the initial payment year.

(2) Funds collected under this section and, notwithstanding ORS 293.140, all interest earned on cash balances thereof invested by the State Treasurer shall be maintained as a fund in the State Treasury, separate and distinct from the General Fund, and are continuously appropriated [and disbursed] to the department to pay the expenses of the trust.

(3) Whenever the fund established under this section reaches $300,000, the department shall discontinue collecting the payment described in subsection (1) of this section. However, whenever the fund falls below $300,000, the department shall reinstitute the payment described in subsection (1) of this section until the fund is restored to $300,000. If the amount collected would raise more than required, the department shall prorate the payment of each facility so as to raise no more than required. The department may use reasonable amounts from the fund necessary to administer the fund.

(4) Whenever the department is required to use any amount in the fund to operate a facility under ORS 441.289 and 441.293, the amount used shall constitute a loan to the facility and shall be repayable to the fund under such terms and conditions as the facility and the department agree. The rate of interest shall be set by the department to reflect the prevailing market rate on similar loans. The interest shall be credited to the separate fund described in subsection (2) of this section.

(5) The assessment imposed under this section shall be considered an allowable cost in setting the reimbursement rates of a facility by the department.

(6) The court may order that the trustee file an undertaking with the clerk of the court. The fund collected under this section may serve as surety for the undertaking.

NOTE: Conforms appropriation provision to legislative style in (2).

SECTION 256. ORS 441.705 is amended to read:

441.705. As used in ORS 441.705 to 441.745:

(1) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient's physical, medical and dietary well-being as defined by rules of the Department of Human Services.

[(1)] (2) “Person” means a licensee under ORS 441.015 to 441.087, 441.525 to 441.595, 441.815, 441.820, 441.990, 442.342, 442.344 and 442.400 to 442.463, or a person whom the Director of Human Services finds should be so licensed but is not, but does not include any employee of such licensee or person.

[(2) “Direct patient care or feeding” means any care provided directly to or for any patient related to that patient's physical, medical and dietary well-being as defined by rules of the Department of Human Services.]

(3) “Staff to patient ratio” means the number and training of persons providing direct patient care as defined in rules of the department.

NOTE: Clarifies applicability of definitions; alphabetizes definitions.

SECTION 257. ORS 441.712 is amended to read:

441.712. (1) Any civil penalty under ORS 441.710 shall be imposed in the manner provided by ORS 183.090.

(2) Notwithstanding ORS 183.090, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the [assistant director] Director of Human Services.

NOTE: Reflects statutory name change in (2).

SECTION 258. ORS 442.315 is amended to read:

442.315. (1) Any new hospital or new skilled nursing or intermediate care service or facility not excluded pursuant to ORS 441.065 shall obtain a certificate of need from the [Health Division] Department of Human Services prior to an offering or development.

(2) The [division] department shall adopt rules specifying criteria and procedures for making decisions as to the need for [such] the new services or facilities.

(3)(a) An applicant for a certificate of need shall apply to the [division] department on forms provided for this purpose [which forms shall be established] by [division] department rule.

(b) An applicant shall pay a fee prescribed as provided in this section. Subject to the approval of the Oregon Department of Administrative Services, the [division] Department of Human Services shall prescribe application fees, based on the complexity and scope of the proposed project.

(4) The [division] Department of Human Services shall be the decision-making authority for the purpose of certificates of need.

(5)(a) An applicant or any affected person who is dissatisfied with the proposed decision of the [division] department is entitled to an informal hearing in the course of review and before a final decision is rendered.

(b) Following a final decision being rendered by the [division] department, an applicant or any affected person may request a reconsideration hearing pursuant to ORS 183.310 to 183.550.

(c) In any proceeding brought by an affected person or an applicant challenging a [division] department decision under this subsection, the [division] department shall follow procedures consistent with the provisions of ORS 183.310 to 183.550 relating to a contested case.

(6) Once a certificate of need has been issued, it may not be revoked or rescinded unless it was acquired by fraud or deceit. However, if the [division] department finds that a person is offering or developing a project that is not within the scope of the certificate of need, the [division] department may limit the project as specified in the issued certificate of need or reconsider the application. A certificate of need is not transferable.

(7) Nothing in this section applies to any hospital, skilled nursing or intermediate care service or facility that seeks to replace equipment with equipment of similar basic technological function or an upgrade that improves the quality or cost-effectiveness of the service provided. Any person acquiring such replacement or upgrade shall file a letter of intent for the project in accordance with the rules of the [division] department if the price of the replacement equipment or upgrade exceeds $1 million.

(8) Except as required in subsection (1) of this section for a new hospital or new skilled nursing or intermediate care service or facility not operating as a Medicare swing bed program, nothing in this section requires a rural hospital as defined in ORS 442.470 (5)(a)(A) and (B) to obtain a certificate of need.

(9) Nothing in this section applies to basic health services, but basic health services do not include:

(a) Magnetic resonance imaging scanners;

(b) Positron emission tomography scanners;

(c) Cardiac catheterization equipment;

(d) Megavoltage radiation therapy equipment;

(e) Extracorporeal shock wave lithotriptors;

(f) Neonatal intensive care;

(g) Burn care;

(h) Trauma care;

(i) Inpatient psychiatric services;

(j) Inpatient chemical dependency services;

(k) Inpatient rehabilitation services;

(L) Open heart surgery; or

(m) Organ transplant services.

(10) In addition to any other remedy provided by law, whenever it appears that any person is engaged in, or is about to engage in, any acts [which] that constitute a violation of this section, or any rule or order issued by the [division] department under this section, the [division] department may institute proceedings in the circuit courts to enforce obedience to such statute, rule or order by injunction or by other processes, mandatory or otherwise.

(11) As used in this section, “basic health services” means health services offered in or through a hospital licensed under ORS chapter 441, except skilled nursing or intermediate care nursing facilities or services and those services specified in subsection (9) of this section.

NOTE: Reflects statutory name change; conforms syntax to legislative style in (2), (3)(a) and (10).

SECTION 259. ORS 443.015 is amended to read:

443.015. [On and after January 1, 1978,] No public or private agency or person shall establish, conduct or maintain a home health agency or organization providing home health services for compensation, or hold itself out to the public as a home health agency or organization, without first obtaining a license therefor from the Department of Human Services. The license shall be renewable annually and is not transferable.

NOTE: Expunges obsolete provision.

SECTION 260. ORS 443.738 is amended to read:

443.738. (1) Except as provided in subsection (3) of this section, all providers, resident managers and substitute caregivers for adult foster homes shall satisfactorily meet all educational requirements established by the Department of Human Services. After consultation with representatives of providers, educators, residents' advocates and the Long Term Care Ombudsman, the department shall adopt by rule standards governing the educational requirements. The rules shall require that no person may provide care to any resident prior to acquiring education or supervised training designed to impart the basic knowledge and skills necessary to maintain the health, safety and welfare of the resident. Each provider shall document compliance with the educational requirements for persons subject thereto.

(2) The rules required under subsection (1) of this section shall include but need not be limited to the following:

(a) A requirement that, before being licensed, a provider successfully completes training that satisfies a defined curriculum, including demonstrations and practice in physical caregiving, screening for care and service needs, appropriate behavior towards residents with physical, cognitive and mental disabilities and issues related to architectural accessibility; and

(b) A requirement that a provider pass a test before being licensed or becoming a resident manager. The test shall evaluate the ability to understand and respond appropriately to emergency situations, changes in medical conditions, physicians' orders and professional instructions, nutritional needs, residents' preferences and conflicts.

(3) After consultation with representatives of providers, educators, residents' advocates and the Long Term Care Ombudsman, the department may adopt by rule exceptions to the training requirements of subsections (1) and (2) of this section for persons who are appropriately licensed medical care professionals in Oregon or who possess sufficient education, training or experience to warrant an exception. The department shall not make any exceptions to the testing requirements.

(4) The department may permit a person who has not completed the training or passed the test required in subsection (2) of this section to act as a resident manager until the training and testing are completed or for 60 days, whichever is shorter, if the department determines that an unexpected and urgent staffing need exists. The licensed provider must notify the department of the situation and demonstrate that the provider is unable to find a qualified resident manager, that the person has met the requirements for a substitute caregiver for the adult foster home and that the provider will provide adequate supervision.

(5) Providers shall serve three nutritionally balanced meals to residents each day. A menu for the meals for the coming week shall be prepared and posted weekly.

(6) Providers shall make available at least six hours of activities each week which are of interest to the residents, not including television or movies. The department shall make information about resources for activities available to providers upon request. Providers or substitute caregivers shall be directly involved with residents on a daily basis.

(7) Providers shall give at least 30 days' written notice to the residents, and to the legal representative, guardian or conservator of any resident, before selling, leasing or transferring the adult foster home business or the real property on which the adult foster home is located. Providers shall inform real estate licensees, prospective buyers, lessees and transferees in all written communications that the license to operate an adult foster home is not transferable and shall refer them to the department for information about licensing.

(8) If a resident dies, or leaves an adult foster home for medical reasons and indicates in writing the intent to not return, the provider shall not charge the resident for more than 15 days or the time specified in the provider contract, whichever is less, after the resident has left the adult foster home. The provider has an affirmative duty to take reasonable actions to mitigate the damages by accepting a new resident. However, if a resident dies or leaves an adult foster home due to neglect or abuse by the provider or due to conditions of imminent danger to life, health or safety, the provider shall not charge the resident beyond the resident's last day in the home. The provider shall refund any advance payments within 30 days after the resident dies or leaves the adult foster home.

(9) Chemical and physical restraints may be used only after considering all other alternatives and only when required to treat a resident's medical symptoms or to maximize a resident's physical functioning. Restraints may not be used for discipline of a resident or for the convenience of the adult foster home. Restraints may be used only as follows:

(a) Psychoactive medications may be used only pursuant to a prescription that specifies the circumstances, dosage and duration of use.

(b) Physical restraints may be used only pursuant to a qualified practitioner's order that specifies the type, circumstances and duration of use in accordance with rules adopted by the department. The rules adopted by the department relating to physical restraints shall include standards for use and training.

(10) If the physical characteristics of the adult foster home do not encourage contact between caregivers and residents and among residents, the provider shall demonstrate how regular positive contact will occur. Providers shall not place residents who are unable to walk without assistance in a basement, split-level, second story or other area that does not have an exit at ground level. Nonambulatory residents shall be given first floor rooms.

(11)(a) The provider shall not transfer or discharge a resident from an adult foster home unless the transfer or discharge is necessary for medical reasons, for the welfare of the resident or for the welfare of other residents, or due to nonpayment. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances.

[(a)] (b) The provider shall give the resident and the resident's legal representative, guardian or conservator written notice at least 30 days prior to the proposed transfer or discharge, except in a medical emergency including but not limited to a resident's experiencing an increase in level of care needs or engaging in behavior that poses an imminent danger to self or others. In such cases, the provider shall give the resident written notice as soon as possible under the circumstances.

[(b)] (c) The resident shall have the right to an administrative hearing prior to an involuntary transfer or discharge. If the resident is being transferred or discharged for a medical emergency, or to protect the welfare of the resident or other residents, as defined by rule, the hearing must be held within seven days of the transfer or discharge. The provider shall hold a space available for the resident pending receipt of an administrative order. ORS 441.605 (4) and the rules thereunder governing transfer notices and hearings for residents of long term care facilities shall apply to adult foster homes.

(12) The provider shall not include any illegal or unenforceable provision in a contract with a resident and shall not ask or require a resident to waive any of the resident's rights.

(13) Any lessor of a building in which an adult foster home is located shall not interfere with the admission, discharge or transfer of any resident in the adult foster home unless the lessor is a provider or coprovider on the license.

NOTE: Conforms structure in (11) to legislative style.

SECTION 261. ORS 443.739 is amended to read:

443.739. Residents of adult foster homes have the following rights. Providers shall guarantee these rights and help residents exercise them. The provider shall post a copy of the Residents' Bill of Rights in the entry or other equally prominent place in the adult foster home. The Residents' Bill of Rights states that each resident of an adult foster home has the right to:

(1) Be treated as an adult, with respect and dignity.

(2) Be informed of all resident rights and all house rules.

(3) Be encouraged and assisted to exercise legal rights, including the right to vote.

(4) Be informed of the resident's medical condition and the right to consent to or refuse treatment.

(5) Receive appropriate care and services, and prompt medical care as needed.

(6) A safe and secure environment.

(7) Be free from mental and physical abuse.

(8) Be free from chemical or physical restraints except as ordered by a physician or other qualified practitioner.

(9) Complete privacy when receiving treatment or personal care.

(10) Associate and communicate privately with any person the resident chooses.

(11) Send and receive personal mail unopened.

(12) Participate in activities of social, religious and community groups.

(13) Have medical and personal information kept confidential.

(14) Keep and use a reasonable amount of personal clothing and belongings, and to have a reasonable amount of private, secure storage space.

(15) Manage the resident's own money and financial affairs unless legally restricted.

(16) Be free from financial exploitation. The provider shall not charge or ask for application fees or nonrefundable deposits and shall not solicit, accept or receive money or property from a resident other than the amount agreed to for services.

(17) A written agreement regarding the services to be provided and the rate schedule to be charged. The provider must give 30 days' written notice before any change in the rates or the ownership of the home.

(18) Not to be transferred or moved out of the adult foster home without 30 days' advance written notice and an opportunity for a hearing. A provider may transfer or discharge a resident only for medical reasons including a medical emergency described in ORS 443.738 [(11)(a)] (11)(b), or for the welfare of the resident or other residents, or for nonpayment.

(19) Be free of discrimination in regard to race, color, national origin, sex or religion.

(20) Make suggestions and complaints without fear of retaliation.

NOTE: Adjusts (18) for renumbering; see section 260 (amending 443.738).

SECTION 262. ORS 443.740 is amended to read:

443.740. (1) The Department of Human Services shall maintain current information on all licensed adult foster homes and shall make that information available to prospective residents and other interested members of the public at local [division] department offices or area agencies on aging licensing offices throughout the state.

(2) The information shall include:

(a) The location of the adult foster home;

(b) A brief description of the physical characteristics of the home;

(c) The name and mailing address of the provider;

(d) The license classification of the home and the date the provider was first licensed to operate that home;

(e) The date of the last inspection, the name and telephone number of the office that performed the inspection and a summary of the findings;

(f) Copies of all complaint investigations involving the home, together with the findings of the department, the actions taken by the department and the outcome of the complaint investigation;

(g) An explanation of the terms used in the investigation report;

(h) Any license conditions, suspensions, denials, revocations, civil penalties, exceptions or other actions taken by the department involving the home; and

(i) Whether care is provided primarily by the licensed provider, a resident manager or other arrangement.

(3) Any list of adult foster homes maintained or distributed by the department or a local licensing office shall include notification to the reader of the availability of public records concerning the homes.

NOTE: Reflects statutory name change in (1).

SECTION 263. ORS 443.795 is amended to read:

443.795. (1) Any civil penalty under ORS 443.790 shall be imposed as provided in ORS 183.090.

(2) Notwithstanding ORS 183.090, the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the Director of Human Services.

(3) The Department of Human Services shall conduct the hearing and issue the final order within 180 days after any hearing request [made after September 29, 1991].

NOTE: Deletes archaic provision in (3).

SECTION 264. ORS 443.860 is amended to read:

443.860. (1) Except as provided in subsections (3) and (4) of this section, no person shall establish, conduct or maintain a hospice program providing hospice services, or hold itself out to the public as a hospice program, without:

(a) Certification by the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services as a program of hospice services meeting standards for Medicare reimbursement;

(b) Accreditation by the Oregon Hospice Association; or

(c) Accreditation by the Joint Commission on Accreditation of Healthcare Organizations as a program of hospice services.

(2) The Oregon Hospice Association may accredit hospices which are not members of the Oregon Hospice Association.

(3) Any person who is in the process of developing a hospice program may use the term “hospice” to describe and refer to the program of services during its development for up to two years. However, no hospice services to patients or their families shall be provided by a hospice until accreditation or certification is obtained.

(4) Any person may operate a hospice program for a period of not more than 90 consecutive days if the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services or the Oregon Hospice Association acknowledges in writing that accreditation or certification is pending and the Oregon Hospice Association authorizes that operations may commence.

(5) A certified or accredited hospice need not obtain a license pursuant to ORS 443.015 unless it meets the definition of a home health agency and receives direct compensation for home health care services from the patient, insurers, Medicare or Medicaid. Compensation paid to licensed professionals is not direct compensation.

NOTE: Corrects name of agency in (1)(a) and (4).

SECTION 265. ORS 443.885 is amended to read:

443.885. [On and after October 1, 1991,] Any facility that provides care for patients or residents with Alzheimer's disease or other dementia by means of an Alzheimer's care unit must register with the Department of Human Services.

NOTE: Eliminates outdated provision.

SECTION 266. ORS 446.210 is amended to read:

446.210. (1) Upon payment of a fee required by ORS 479.840 the Director of the Department of Consumer and Business Services shall issue a limited maintenance electrician's license to a person who has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder, who passes a written examination administered by the department on basic electrical principles on repair and maintenance of electrical wiring and equipment used in a manufactured structure, and submits proof satisfactory to the department that the person has had sufficient experience in the repair and maintenance of such electrical problems of the type and nature found in a manufactured structure.

(2) A person licensed under this section and who has passed a written examination administered by the department shall be authorized to repair and maintain electrical wiring and equipment used in a manufactured structure. [No worker or applicant for a license under this section shall be deemed in violation of ORS 479.510 to 479.945 and 479.995 by reason of electrical repair and maintenance work performed during the period of required experience whenever required prior to September 1, 1969.]

NOTE: Deletes inappropriate reference to penalty section in (1); eliminates obsolete provision in (2).

SECTION 267. ORS 447.060 is amended to read:

447.060. (1) Nothing in ORS 447.010 to 447.156 and 447.992 prevents a person from:

(a) Engaging in plumbing work when not so engaged for hire.

(b) Using the services of regular employees in performing plumbing work for the benefit of property owned, leased or operated by such employer.

(c) Using the services of an employee or contractor of a utility company, energy service provider or water supplier to install an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the [licensing] certification, permit and inspection requirements of this chapter and ORS chapter 693.

(2) For purposes of subsection (1) of this section, a “regular employee” means a person who is subject to the provisions of ORS 316.162 to 316.212 and who has completed a withholding exemptions certificate required by the provisions of ORS 316.162 to 316.212.

(3) A licensee under ORS 671.560 (2) is not required to be registered under ORS 447.010 to 447.156 and 447.992 to install backflow prevention devices for irrigation systems and ornamental water features if the installer is licensed as required by ORS 671.615. The exemptions established under this subsection do not exempt the person from the inspection and permit requirements of this chapter.

(4) This section applies to any person, including but not limited to, individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof, and the federal government and any agencies thereof.

NOTE: Updates terminology in (1)(c).

SECTION 268. ORS 447.072 is amended to read:

447.072. Notwithstanding ORS 455.610, the Department of Consumer and Business Services with the approval of the State Plumbing Board, shall adopt rules to create an exemption from permit and inspection requirements for ordinary minor repairs in one and two family dwellings and commercial structures when the board finds that the plumbing does not involve any changes or alterations of the existing plumbing system. The exemption from the permit:

(1) Shall not include new construction or replacement of water heaters or underground plumbing; and

(2) Shall be available only to registered plumbing contractors or persons exempt from [licensing] certification under ORS 693.020.

NOTE: Updates terminology in (2).

SECTION 269. ORS 447.231 is amended to read:

447.231. [(1)] Notwithstanding any other provision of law and the authority of any board within the Department of Consumer and Business Services, the Director of the Department of Consumer and Business Services shall adopt rules to conform the state building code to the Americans with Disabilities Act and the Fair Housing Act and the regulations adopted thereunder. In addition, the director shall adopt rules to conform the state building code to the provisions of ORS 447.210 to 447.280, to the extent to which any statute is stricter than the Americans with Disabilities Act or the Fair Housing Act.

[(2) Notwithstanding any other provision of law and the authority of any board within the department, the director shall review the state building code, and those provisions not affirmed by the director by September 30, 1994, shall not be implemented or enforced and have no legal effect.]

NOTE: Expunges outdated provision.

SECTION 270. ORS 448.265 is amended to read:

448.265. (1) It shall be unlawful for any person to do any of the following if the result would be to pollute a source of a water system or to destroy or endanger a water system:

(a) Establish or maintain any slaughter pen, stock-feeding yards or hogpens.

(b) Deposit or maintain any [uncleanly] unclean or unwholesome substance.

(2) Violation of subsection (1)(a) or (b) of this section is a public nuisance and may be abated as other nuisances under the laws of this state.

NOTE: Corrects grammar in (1)(b).

SECTION 271. ORS 448.315 is amended to read:

448.315. The mayor or authorities having control of the community water supply system supplying the city may appoint special police officers who:

(1) After taking oath, shall have the powers of constables.

(2) May arrest with or without warrant any person committing, within the territory described in ORS 448.295, for:

(a) Any offense against the purity of the domestic water supply source or the community water supply system under state law or an ordinance of such city; or

(b) Any violation of any rule of the [division] Department of Human Services or the authorities having control of the city water system for the protection of the purity of the domestic water supply source or the community water supply system.

(3) May take any person arrested for any violation under this section before any court having jurisdiction thereof to be proceeded with according to law.

(4) When on duty, shall wear in plain view a badge or shield bearing the words “Special Police” and the name of the city for which appointed.

NOTE: Reflects statutory name change in (2)(b).

SECTION 272. ORS 448.409 is amended to read:

448.409. On or before January 1[, 1989, and biennially thereafter] of each odd-numbered year, the Department of Environmental Quality and the Department of Human Services shall develop and submit a joint report to the Legislative Assembly. The report shall include, but need not be limited to:

(1) A summary of actions taken under ORS 448.405 to 448.465, 448.992 and 448.994;

(2) An evaluation of the effectiveness of such actions; and

(3) Any information and recommendations, including legislative recommendations the Department of Environmental Quality or the Department of Human Services considers appropriate.

NOTE: Deletes obsolete provision and tweaks syntax in lead-in.

SECTION 273. ORS 448.410 is amended to read:

448.410. (1) The Environmental Quality Commission shall:

(a) Adopt rules necessary to carry out the provisions of ORS 448.410 to 448.430 and 448.992.

(b) Classify all sewage treatment works. In classifying the sewage treatment works, the commission shall take into consideration size and type, character of wastewater to be treated and other physical conditions affecting the sewage treatment works and the skill, knowledge and experience required of an operator.

(c) Certify persons qualified to supervise the operation of sewage treatment works.

(d) Subject to the prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, establish a schedule of fees for certification under paragraph (c) of this subsection. The fees established under the schedule shall be sufficient to pay the costs incurred by the Department of Environmental Quality in carrying out the provisions of ORS 448.410 to 448.430 and 448.992 and shall be within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board.

(2) The commission may grant a variance from the requirements of ORS 448.415, according to criteria established by rule by the commission.

(3) In adopting rules under this section, the commission shall consult with the Department of Human Services in order to coordinate rules adopted under this section with rules adopted by the Department of Human Services under ORS 448.450.

NOTE: Sets out full title for clarity in (1)(d).

SECTION 274. ORS 451.410 is amended to read:

451.410. As used in ORS 451.410 to 451.610, unless the context indicates otherwise:

(1) “Change of organization” has the meaning given that term in ORS 198.705.

(2) “County” has the meaning given that term in ORS 198.705.

[(1)] (3) “County court” includes the board of county commissioners.

[(2)] (4) “District” means a municipal corporation established under ORS 451.410 to 451.610 to provide service facilities in a county or counties.

(5) “Formation” has the meaning given that term in ORS 198.705.

(6) “Owner” means the record owner of real property or the holder of a duly recorded contract for purchase of real property within the district.

[(3)] (7) “Service facilities” means public service installations, works or services provided within a county or counties for any or all of the purposes specified in ORS 451.010.

[(4) “Owner” shall be deemed to be the record owner of real property or holder of a duly recorded contract for purchase of real property within the district.]

[(5) “Formation” has the meaning given that term by ORS 198.705 (9).]

[(6) “Change of organization” has the meaning given that term by ORS 198.705 (5).]

[(7) “County” has the meaning given that term by ORS 198.705 (16).]

NOTE: Alphabetizes definitions. Conforms syntax to legislative style. Deletes renumbered subsection references in (1), (2) and (5); see section 98 (amending 198.705).

SECTION 275. ORS 451.573 is amended to read:

451.573. As used in ORS 451.573 to 451.577:

(1) “District” means, in addition to the meaning given that term in ORS 451.410, a county service district organized under the authority of a county charter.

[(1)] (2) “Special district” means any one of the following districts:

(a) A drainage district organized under ORS chapter 547.

(b) A park and recreation district organized under ORS chapter 266.

(c) A highway lighting district organized under ORS chapter 372.

(d) A sanitary district organized under ORS chapter 450.

(e) A diking district organized under ORS chapter 551.

(f) A special road district organized under ORS 371.305 to 371.360.

(g) A road assessment district organized under ORS 371.405 to 371.535.

[(2)] (3) “Special district” also means one of the following, if the special district is within the geographical jurisdiction of a local government boundary commission formed by or pursuant to ORS 199.410 to 199.519:

(a) A domestic water supply district organized under ORS chapter 264.

(b) A cemetery maintenance district organized under ORS chapter 265.

(c) A health district organized under ORS 440.305 to 440.410.

(d) A vector control district organized under ORS 452.020 to 452.170.

(e) A rural fire protection district organized under ORS chapter 478.

(f) A weather modification district organized under ORS 558.200 to 558.440.

(g) A geothermal heating district organized under ORS chapter 523.

[(3) “District” means, in addition to the meaning given that term by ORS 451.410 (2), a county service district organized under the authority of a county charter.]

NOTE: Alphabetizes definitions. Deletes renumbered subsection reference in (1); see section 274 (amending 451.410).

SECTION 276. ORS 451.575 is amended to read:

451.575. (1) The area within a special district described by ORS 451.573 [(1)(a)] (2)(a) shall not be included in or annexed to a district if prior to or at the hearing on the formation of or annexation to such district the governing body of the special district files with the governing body of the district a resolution withdrawing the area within the special district.

(2) When the formation of or annexation to a district is initiated, and the area to be incorporated or annexed includes the entire area within a special district, the governing board of the special district and the governing body of the district shall meet with each other to agree on a debt distribution plan to be a part of the proposed incorporation or annexation. The debt distribution plan may require that the property within the special district remain solely liable for all bonded indebtedness outstanding at the time of incorporation or annexation or it may provide for any other distribution of indebtedness between the district and the special district. If the governing boards do not agree on a debt distribution plan or if the area within the special district remains liable under the plan for any portion of the indebtedness outstanding at the time of the incorporation or annexation, and dissolution and transfer, the governing body of the district shall be the ex officio board of the dissolved special district for the purpose of levying taxes in such area until the bonded and other indebtedness of the dissolved special district is paid.

(3) The consent of all the known holders of valid indebtedness against the special district shall be obtained or provision made in the debt distribution plan for the payment of the nonassenting holders. The area within the boundaries of the special district shall not by reason of the incorporation or annexation and dissolution and transfer be relieved from liabilities and indebtedness previously contracted by the dissolving special district.

(4) The district officers of the special district, upon the effective date of the incorporation or annexation, shall forthwith deliver to the governing body of the district, the assets and records of the special district. Uncollected taxes, assessments or charges thereof levied by the special district shall become the property of the district and upon collection shall be credited to the account of such district.

NOTE: Adjusts subsection reference for renumbering in (1); see section 275 (amending 451.573).

SECTION 277. ORS 453.235 is amended to read:

453.235. (1) No person shall distribute any art or craft material containing toxic substances causing chronic illness on which the person:

[(1)] (a) Has failed to affix a conspicuous label containing the signal word “WARNING,” to alert users of potential adverse health effects.

[(2)] (b) Has failed to affix a conspicuous label warning of the [health related] health-related dangers of the art or craft material. If a product contains:

[(a)] (A) [If the product contains] A human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.”

[(b)] (B) [If the product contains] A potential human carcinogen and does not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.”

[(c)] (C) [If the product contains] A toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable:

[(A)] (i) “May cause sterility or damage to reproductive organs.”

[(B)] (ii) “May cause birth defects or harm to developing fetus.”

[(C)] (iii) “May be excreted in human milk causing harm to nursing infant.”

[(D)] (iv) “May cause central nervous system depression or injury.”

[(E)] (v) “May cause numbness or weakness in the extremities.”

[(F)] (vi) “Overexposure may cause damage to (specify organ).”

[(G)] (vii) “Heating above (specify degrees) may cause hazardous decomposition products.”

[(d)] (D) [If a product contains] More than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement.

[(3)] (c) Has failed to affix on the label a list of ingredients [which] that are toxic substances causing chronic illness.

[(4)] (d) Has failed to affix on the label a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable:

[(a)] (A) “Keep out of reach of children.”

[(b)] (B) “When using, do not eat, drink or smoke.”

[(c)] (C) “Wash hands after use and before eating, drinking or smoking.”

[(d)] (D) “Keep container tightly closed.”

[(e)] (E) “Store in [well ventilated] well-ventilated area.”

[(f)] (F) “Avoid contact with skin.”

[(g)] (G) “Wear protective clothing (specify type).”

[(h)] (H) “Wear National Institute of Occupational Safety and Health (NIOSH) certified masks for dusts, mists or fumes.”

[(i)] (I) “Wear NIOSH certified respirator with appropriate cartridge for (specify type).”

[(j)] (J) “Wear NIOSH certified supplied air respirator.”

[(k)] (K) “Use window exhaust fan to remove vapors and [assure] ensure adequate ventilation (specify explosion proof if necessary).”

[(L)] (L) “Use local exhaust hood (specify type).”

[(m)] (M) “Do not heat above (specify degrees) without adequate ventilation.”

[(n)] (N) “Do not use or mix with (specify material).”

[(5)] (e) Has failed to affix on the label a statement on where to obtain more information, such as “call your local poison control center for more health information.”

[(6)] (f) Has failed to affix on the label the name and address of the manufacturer.

[(7)(a)] (2)(a) If the information listed in subsection [(4)(a) to (n)] (1)(d) of this section cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as “CAUTION: See package insert before use.” The language on this insert shall be nontechnical and nonpromotional in tone and content.

(b) For purposes of this subsection, “package insert” means a display of written, printed or graphic matter upon a leaflet or suitable material accompanying the art supply.

[(8)] (3) The requirements set forth in [subsections (1) to (7) of] this section shall not be considered to be complied with unless the required words, statements or other information appear on the outside container or wrapper, or on a package insert [which] that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product.

[(9)] (4) The Department of Human Services may exempt a material from full compliance with ORS 453.205 to 453.275. In considering this exemption, the [Health Division] department shall take into consideration the potential for reasonably foreseeable misuse of a material by a child.

[(10)] (5) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with the provisions of ORS 453.205 to 453.275, unless the [division] department determines that the label on an art or craft material does not satisfy the purposes of ORS 453.205 to 453.275.

NOTE: Restructures section to correct lead-ins; adjusts internal references in (2)(a) and (3). Corrects word choice in (1)(b), (c), (d)(E) and (K) and (3). Conforms (4) and (5) to statutory naming scheme.

SECTION 278. ORS 453.265 is amended to read:

453.265. (1) The manufacturer of any art or craft material sold, distributed, offered for sale or exposed for sale in this state shall supply to a national poison control network approved by the Director of Human Services [of the Department of Human Services] the formulation information required by that network for dissemination to poison control centers. Failure to file formulation information with an approved poison control network is a violation of ORS 453.205 to 453.275.

(2) The requirements set forth in ORS 453.235 shall not be considered to be complied with unless all required words, statements or other information accompany art or craft materials from manufacturer to consumer, not excluding any distributor, packager or repackager.

NOTE: Corrects title in (1).

SECTION 279. ORS 453.879 is amended to read:

453.879. When the [Assistant Director for Health] Director of Human Services or a designee thereof, the State Fire Marshal or designee thereof or any law enforcement agency makes a determination that property subject to ORS 105.555, 431.175 and 453.855 to 453.912 is not fit for use, the [assistant director] Director of Human Services or designee thereof shall notify the Director of the Department of Consumer and Business Services of the determination. The Director of the Department of Consumer and Business Services shall list the property as not fit for use until the Director of the Department of Consumer and Business Services is notified that the property has been certified by the [Health Division] Department of Human Services pursuant to ORS 453.885, or the initial determination is reversed on appeal, or the property is destroyed. Upon receipt of the certificate, the Director of the Department of Consumer and Business Services shall cause the property to be removed from the list described in this section.

NOTE: Reflects statutory name change; sets out full titles for clarity.

SECTION 280. Section 1, chapter 798, Oregon Laws 2001, is amended to read:

Sec. 1. (1) Subject to the provision of funding by the State Department of Geology and Mineral Industries from gifts, grants and donations made available for carrying out this section, the [Health Division] Department of Human Services shall provide for seismic safety surveys of hospital buildings that contain an acute inpatient care facility. As used in this subsection, “acute inpatient care facility” has the meaning given that term in ORS 442.470. As used in this subsection, “acute inpatient care facility” includes the Oregon Health and Science University.

(2) Subject to available funding from gifts, grants and donations made available for carrying out this section, the State Department of Geology and Mineral Industries shall provide for seismic safety surveys of fire stations.

(3) Subject to available funding from gifts, grants and donations made available for carrying out this section, the [department] State Department of Geology and Mineral Industries shall provide for seismic safety surveys of police stations, sheriffs' offices and similar facilities used by state, county, district and municipal law enforcement agencies.

(4) The [division] Department of Human Services and the [department] State Department of Geology and Mineral Industries shall ensure that seismic safety surveys conducted under subsections (1) to (3) of this section are conducted in accordance with the Federal Emergency Management Agency publication, “Rapid Visual Screening of Buildings for Potential Seismic Hazards: A Handbook,” FEMA-154, 1988 Edition.

(5) A seismic safety survey under subsections (1) to (3) of this section is not required for any building that has previously undergone a seismic safety survey or that has been constructed to the state building code standards in effect for the seismic zone classification at the site on [the effective date of this 2001 Act] July 19, 2001.

(6) The [division] Department of Human Services or the [department] State Department of Geology and Mineral Industries, as appropriate, shall ensure that seismic safety surveys required under subsections (1) to (3) of this section are completed by January 1, 2007.

NOTE: Reflects statutory name change; sets out full titles.

SECTION 281. Section 2, chapter 798, Oregon Laws 2001, is amended to read:

Sec. 2. (1) The [Health Division] Department of Human Services shall send the seismic safety surveys conducted pursuant to section 1 (1), chapter 798, Oregon Laws 2001, [of this 2001 Act] to the State Department of Geology and Mineral Industries. Notwithstanding section 1 (6), chapter 798, Oregon Laws 2001, [of this 2001 Act,] if the [department] State Department of Geology and Mineral Industries determines that a survey is not fully and properly completed, the [department] State Department of Geology and Mineral Industries may refuse to accept the survey and may return the survey to the [division] Department of Human Services for correction or completion.

(2) The [department] State Department of Geology and Mineral Industries may accept seismic safety surveys for buildings that are exempt under section 1 (5), chapter 798, Oregon Laws 2001, [of this 2001 Act] if the [department] State Department of Geology and Mineral Industries determines that the surveys are fully and properly completed and are sufficiently similar to other surveys to be useful. The surveys accepted by the [department] State Department of Geology and Mineral Industries under this subsection do not need to be surveys conducted by the [division] Department of Human Services or the [department] State Department of Geology and Mineral Industries.

(3) The [department] State Department of Geology and Mineral Industries shall use seismic safety surveys accepted under subsections (1) and (2) of this section or conducted pursuant to section 1 (2) or (3), chapter 798, Oregon Laws 2001, [of this 2001 Act] to make an initial evaluation of the seismic safety of each surveyed building.

(4) Subject to available funding and after consultation with the [department] State Department of Geology and Mineral Industries, the acute inpatient care facility, fire department or fire district or law enforcement agency shall conduct such additional seismic safety evaluations of buildings as the facility, fire department or fire district or law enforcement agency considers to be necessary. The facility, fire department or fire district or law enforcement agency shall conduct the evaluations using the life safety standard set forth in the Federal Emergency Management Agency publication, “Handbook for the Seismic Evaluation of Buildings: A Prestandard,” FEMA-310, 1998 Edition, or a stricter standard selected by the acute inpatient care facility, fire department or fire district or law enforcement agency that conducts the survey.

NOTE: Reflects statutory name change; sets out full titles.

SECTION 282. Section 4, chapter 798, Oregon Laws 2001, is amended to read:

Sec. 4. (1) The [Health Division] Department of Human Services shall report to an appropriate committee of the Seventy-second Legislative Assembly and an appropriate committee of the Seventy-third Legislative Assembly regarding the progress the [division] Department of Human Services has made toward completion of the seismic safety surveys described in section 1, chapter 798, Oregon Laws 2001 [of this 2001 Act].

(2) The State Department of Geology and Mineral Industries shall report to an appropriate committee of the Seventy-second Legislative Assembly and an appropriate committee of the Seventy-third Legislative Assembly regarding the progress the [department] State Department of Geology and Mineral Industries has made toward completion of the seismic safety surveys described in section 1, chapter 798, Oregon Laws 2001 [of this 2001 Act].

NOTE: Reflects statutory name change; sets out full titles.

SECTION 283. ORS 455.473 is amended to read:

455.473. All moneys received by the Department of Consumer and Business Services pursuant to ORS 455.457 and 455.471 shall be paid into the State Treasury and credited to the appropriate specialty code account under this chapter or ORS 479.510 to 479.945 [and 479.995]. All moneys deposited in the accounts under this section are continuously appropriated to the department to carry out the provisions of ORS 455.455 to 455.463, 455.471, 455.473, 455.477 and 455.897 and section 10, chapter 1045, Oregon Laws 1999.

NOTE: Eliminates unsuitable reference to penalty section.

SECTION 284. Section 10, chapter 1045, Oregon Laws 1999, is amended to read:

Sec. 10. (1) The Department of Consumer and Business Services shall grant the specialty code programs under ORS chapter 455 and ORS 479.510 to 479.945 [and 479.995] a loan from the Consumer and Business Services Fund pursuant to ORS 705.145 in the amount necessary to carry out the provisions of [sections 2 to 11 of this 1999 Act] this section and ORS 455.455, 455.457, 455.459, 455.461, 455.463, 455.471, 455.473, 455.477 and 455.897.

(2) When the department determines that moneys in sufficient amount have been collected pursuant to [sections 3 and 6 of this 1999 Act] ORS 455.457 and 455.471, the Consumer and Business Services Fund shall be restored pursuant to ORS 705.145 (3) for the loan described in subsection (1) of this section. The moneys used to restore the fund under this subsection shall not be considered a budget item on which limitation is otherwise fixed by law, but shall be in addition to any specific biennial appropriations or amounts authorized to be expended from continually appropriated moneys for the biennium.

NOTE: Eliminates unsuitable reference to penalty section in (1).

SECTION 285. ORS 455.775 is amended to read:

455.775. In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 446, 447, 460, 479, 480 and 693:

(1) Except where inconsistent with other provisions of law, the director may enforce the provisions of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may:

(a) Make an investigation;

(b) Take sworn testimony;

(c) With the authorization of the Office of the Attorney General, subpoena persons and records;

(d) Order corrective action; and

(e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.

(2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950[, 479.995] and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation.

(3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950[, 479.995] and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder, the director may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950[, 479.995] and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 and any rule adopted thereunder. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

NOTE: Eliminates unsuitable references to penalty section in (2) and (3).

SECTION 286. ORS 455.895 is amended to read:

455.895. (1)(a) The State Plumbing Board may impose a civil penalty against a person as provided under ORS 447.992 and 693.992. Amounts recovered under this paragraph are subject to ORS 693.165.

(b) The Electrical and Elevator Board may impose a civil penalty against a person as provided under ORS 479.995. Amounts recovered under this paragraph are subject to ORS 479.850.

(c) The Board of Boiler Rules may impose a civil penalty against a person as provided under ORS 480.670. Amounts recovered under this paragraph shall be deposited to the General Fund.

(2) The Director of the Department of Consumer and Business Services, in consultation with the appropriate board, if any, may impose a civil penalty against any person who violates any provision of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950[, 479.995] and 480.510 to 480.670 and this chapter and ORS chapters 447, 460 and 693 or any rule adopted or order issued for the administration and enforcement of those provisions. Except as provided in subsections (3) and (8) of this section, a civil penalty imposed under this section must be in an amount determined by the appropriate board or the director of not more than $5,000 for each offense or, in the case of a continuing offense, not more than $1,000 for each day of the offense.

(3) Each violation of ORS 446.003 to 446.200 or 446.225 to 446.285, or any rule or order issued thereunder, constitutes a separate violation with respect to each manufactured structure or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation.

(4) The maximum penalty established by this section for a violation may be imposed only upon a finding that the person has engaged in a pattern of violations. The Department of Consumer and Business Services, by rule, shall define what constitutes a pattern of violations. Except as provided in subsection (1) of this section, moneys received from any civil penalty under this section are appropriated continuously for and shall be used by the director for enforcement and administration of provisions and rules described in subsection (2) of this section.

(5) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(6) A civil penalty imposed under this section may be remitted or reduced upon such terms and conditions as the director or the appropriate board considers proper and consistent with the public health and safety. In any judicial review of a civil penalty imposed under this section, the court may, in its discretion, reduce the penalty.

(7) Any officer, director, shareholder or agent of a corporation, or member or agent of a partnership or association, who personally participates in or is an accessory to any violation by the partnership, association or corporation of a provision or rule described in subsection (2) of this section is subject to the penalties prescribed in this section.

(8) In addition to the civil penalty set forth in subsection (1) or (2) of this section, any person who violates a provision or rule described in subsection (2) of this section may be required by the director or the appropriate board to forfeit and pay to the General Fund of the State Treasury a civil penalty in an amount determined by the director or board that shall not exceed five times the amount by which such person profited in any transaction that violates a provision or rule described in subsection (2) of this section.

NOTE: Eliminates unsuitable reference to penalty section in (2).

SECTION 287. ORS 456.060 is amended to read:

456.060. (1) As used in the Housing Authorities Law, unless the context requires otherwise, “area of operation” includes:

[(1)] (a) In the case of a housing authority of a city:

[(a)] (A) The area within the city;

[(b)] (B) If the city has adopted in its comprehensive land use plan an urban growth boundary recognized by the governing bodies of the counties in which it is situated, the area within that urban growth boundary; and

[(c)] (C) Unless a county has an existing housing authority which is operating and substantially addressing the need for housing in the county for persons of lower income, the area within 10 miles from the territorial boundaries of the city, excepting any area which lies within the territorial or urban growth boundaries of some other city which has by ordinance prohibited such operation within the city or its urban growth boundaries because the city finds that:

[(A)] (i) An existing public agency operating within the area is substantially addressing the need for housing in the city for persons of lower income; or

[(B)] (ii) There is no need for housing in the city for persons of lower income.

[(2)] (b) In the case of a housing authority of a county, the area within the county which lies:

[(a)] (A) Outside the territorial boundaries of any city or, if a city has adopted in its comprehensive land use plan an urban growth boundary recognized by the governing bodies of the counties in which it is situated, that urban growth boundary; and

[(b)] (B) Inside the territorial or urban growth boundaries of any city unless the city has by ordinance prohibited such operation within the city or its urban growth boundary because the city finds that:

[(A)] (i) An existing public agency operating within the area is substantially addressing the need for housing in the city for persons of lower income; or

[(B)] (ii) There is no need for housing in the city for persons of lower income.

[(3)] (2) As used in this section, “need” means the condition described in ORS 456.085.

[(4)] (3) Nothing in this section shall prevent units of local government from entering into intergovernmental agreements pursuant to ORS 190.003 to 190.130 for the purpose of:

(a) Establishing areas of operation which are different from the areas specified in this section, including agreements which utilize an urban growth boundary to allocate areas of operation between the housing authorities of a city and a county.

(b) Permitting a specific housing program or portion of a program to be operated in areas within the corporate limits of a city by an existing housing authority of a county or some other city.

NOTE: Restructures section to address lead-in problem.

SECTION 288. ORS 456.315 is amended to read:

456.315. (1) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:

[(1)] (a) Dedicate, sell, convey or lease any of its property to a housing authority or the federal government.

[(2)] (b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it may otherwise undertake, to be furnished adjacent to or in connection with housing projects.

[(3)] (c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it may otherwise undertake.

[(4)] (d) Plan or replan, zone or rezone any part of such state public body and make exceptions from building regulations and ordinances. Any city or town also may change its map.

[(5)] (e) Enter into agreements with a housing authority or the federal government respecting action to be taken by such state public body pursuant to any of the powers granted by ORS 456.305 to 456.325.

[(6)] (f) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.

[(7)] (g) Purchase or legally invest in any of the bonds of a housing authority and exercise all the rights of any holder of such bonds.

[(8)] (2) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.

[(9)] (3) In connection with any public improvements made by a state public body in exercising the powers granted in this section, a state public body may incur the entire expense thereof.

NOTE: Restructures section to address lead-in problem.

SECTION 289. ORS 458.505 is amended to read:

458.505. (1) The community action agency network, established initially under the federal Economic Opportunity Act of 1964, shall be the delivery system for federal antipoverty programs in Oregon, including the Community Services Block Grant, Low Income Energy Assistance Program, Office of Energy Weatherization Program and such others as may become available.

(2) Funds for such programs shall be distributed to the community action agencies by the Housing and Community Services Department with the advice of the Community Action Directors of Oregon.

(3) In areas not served by a community action agency, funds other than federal community services funds may be distributed to and administered by organizations that are found by the Housing and Community Services Department to serve the antipoverty purpose of the community action agency network.

(4) In addition to complying with all applicable requirements of federal law, a community action agency shall:

(a) Be an office, division or agency of the designating political subdivision or a not for profit organization in compliance with ORS chapter 65.

(b) Have a community action board of at least nine but no more than 33 members, constituted so that:

(A) One-third of the members of the board are elected public officials currently serving or their designees. If the number of elected officials reasonably available and willing to serve is less than one-third of the membership, membership of appointed public officials may be counted as meeting the one-third requirement;

(B) At least one-third of the members are persons chosen through democratic selection procedures adequate to assure that they are representatives of the poor in the area served; and

(C) The remainder of the members are officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community.

(c) If the agency is a private not for profit organization, be governed by the Community Action Board. The board shall have all duties, responsibilities and powers normally associated with such boards, including, but not limited to:

(A) Selection, appointment and dismissal of the executive director of the agency;

(B) Approval of all contracts, grant applications and budgets and operational policies of the agency;

(C) Evaluation of programs; and

(D) Securing an annual audit of the agency.

(d) If the organization is an office, division or agency of a political subdivision, be administered by the board which shall provide for the operation of the agency and be directly responsible to the governing board of the political subdivision. The administering board at a minimum, shall:

(A) Review and approve program policy;

(B) Be involved in and consulted on the hiring and firing of the agency director;

(C) Monitor and evaluate program effectiveness;

(D) Ensure the effectiveness of community involvement in the planning process; and

(E) Assume all duties delegated to it by the governing board.

(e) Have a clearly defined, specified service area. Community action service areas shall not overlap.

(f) Have an accounting system which meets generally accepted accounting principles and be so certified by an independent certified accountant.

(g) Provide assurances against the use of government funds for political activity by the community action agency.

(h) Provide assurances that no person shall, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through the community action program.

(i) Provide assurances the community action agency shall comply with any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified individual with disabilities as provided in section 504 of the Rehabilitation Act of 1973.

(5) For the purposes of this section, the Oregon Human Development Corporation is eligible to receive federal community service funds and low-income energy assistance funds.

(6) The [State Community Services] Housing and Community Services Department shall:

(a) Administer federal and state antipoverty programs.

(b) Apply for all available antipoverty funds on behalf of eligible entities as defined in this section.

(c) In conjunction with the Community Action Directors of Oregon, develop a collaborative role in advocating for, and addressing the needs of, all low income Oregonians.

(d) Biennially produce and make available to the public a status report on efforts by it and state agencies to reduce the incidence of poverty in Oregon. This report shall contain figures regarding the numbers and types of persons living in poverty in Oregon.

(e) On a regular basis provide information to the Community Action Directors of Oregon on the activities and expenditures of [State Community Services] Housing and Community Services Department.

(f) As resources are available, provide resources for technical assistance, training and program assistance to eligible entities.

(g) As resources are available, provide resources for the training and technical assistance needs of the Community Action Directors of Oregon.

(h) Conduct a planning process to meet the needs of low income people in Oregon. That process shall fully integrate the Oregon Human Development Corporation into the antipoverty delivery system. The planning process shall include development of a plan for minimum level of services and funding for low income migrant and seasonal farmworkers from the antipoverty programs administered by the agency.

(i) Limit its administrative budget in an effort to maximize the availability of antipoverty federal and state funds for expenditures by local eligible entities.

NOTE: Fixes obsolete agency references in (6) and (6)(e).

SECTION 290. ORS 459.005 is amended to read:

459.005. As used in ORS 459.005 to 459.437, 459.705 to 459.790 and 459A.005 to 459A.665:

(1) “Affected person” means a person or entity involved in the solid waste collection service process including but not limited to a recycling collection service, disposal site permittee or owner, city, county and metropolitan service district.

(2) “Board of county commissioners” or “board” includes a county court.

(3) “Collection service” means a service that provides for collection of solid waste or recyclable material or both but does not include that part of a business operated under a certificate issued under ORS 822.110.

(4) “Commercial” means stores, offices including manufacturing and industry offices, restaurants, warehouses, schools, colleges, universities, hospitals and other nonmanufacturing entities, but does not include other manufacturing activities or business, manufacturing or processing activities in residential dwellings.

(5) “Commission” means the Environmental Quality Commission.

(6) “Compost” means the controlled biological decomposition of organic material or the product resulting from such a process.

(7) “Department” means the Department of Environmental Quality.

(8)(a) “Disposal site” means land and facilities used for the disposal, handling or transfer of, or energy recovery, material recovery and recycling from solid wastes, including but not limited to dumps, landfills, sludge lagoons, sludge treatment facilities, disposal sites for septic tank pumping or cesspool cleaning service, transfer stations, energy recovery facilities, incinerators for solid waste delivered by the public or by a collection service, composting plants and land and facilities previously used for solid waste disposal at a land disposal site[; but the term].

(b) “Disposal site” does not include:

(A) A facility authorized by a permit issued under ORS 466.005 to 466.385 to store, treat or dispose of both hazardous waste and solid waste;

(B) A facility subject to the permit requirements of ORS 468B.050 or 468B.053;

(C) A site [which is] used by the owner or person in control of the premises to dispose of soil, rock, concrete or other similar nondecomposable material, unless the site is used by the public either directly or through a collection service; or

(D) A site operated by a wrecker issued a certificate under ORS 822.110.

(9) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed to use the heat content, or other forms of energy, of or from the material.

(10) “Franchise” includes a franchise, certificate, contract or license issued by a local government unit authorizing a person to provide solid waste management services.

(11) “Hazardous waste” has the meaning given that term in ORS 466.005.

(12) “Household hazardous waste” means any discarded, useless or unwanted chemical, material, substance or product that is or may be hazardous or toxic to the public or the environment and is commonly used in or around households and is generated by the household. “Household hazardous waste” may include but is not limited to some cleaners, solvents, pesticides and automotive and paint products.

(13) “Land disposal site” means a disposal site in which the method of disposing of solid waste is by landfill, dump, pit, pond or lagoon.

(14) “Landfill” means a facility for the disposal of solid waste involving the placement of solid waste on or beneath the land surface.

(15) “Local government unit” means a city, county, metropolitan service district formed under ORS chapter 268, sanitary district or sanitary authority formed under ORS chapter 450, county service district formed under ORS chapter 451, regional air quality control authority formed under ORS 468A.100 to 468A.130 and 468A.140 to 468A.175 or any other local government unit responsible for solid waste management.

(16) “Material recovery” means any process of obtaining from solid waste, by presegregation or otherwise, materials that still have useful physical or chemical properties and can be reused or recycled for some purpose.

(17) “Metropolitan service district” means a district organized under ORS chapter 268 and exercising solid waste authority granted to such district under this chapter and ORS chapters 268 and 459A.

(18) “Person” means the United States, the state or a public or private corporation, local government unit, public agency, individual, partnership, association, firm, trust, estate or any other legal entity.

(19) “Recyclable material” means any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

(20) “Recycling” means any process by which solid waste materials are transformed into new products in a manner that the original products may lose their identity.

(21) “Region” means the states of Idaho, Oregon and Washington and those counties in California and Nevada that share a common border with Oregon.

(22) “Regional disposal site” means a disposal site that receives, or a proposed disposal site that is designed to receive more than 75,000 tons of solid waste a year from outside the immediate service area in which the disposal site is located. As used in this subsection, “immediate service area” means the county boundary of all counties except a county that is within the boundary of the metropolitan service district. For a county within the metropolitan service district, “immediate service area” means the metropolitan service district boundary.

(23) “Reuse” means the return of a commodity into the economic stream for use in the same kind of application as before without change in its identity.

(24) “Solid waste” means all useless or discarded putrescible and nonputrescible materials, including but not limited to garbage, rubbish, refuse, ashes, paper and cardboard, sewage sludge, septic tank and cesspool pumpings or other sludge, useless or discarded commercial, industrial, demolition and construction materials, discarded or abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid materials, dead animals and infectious waste as defined in ORS 459.386. “Solid waste” does not include:

(a) Hazardous waste as defined in ORS 466.005.

(b) Materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of animals.

(25) “Solid waste management” means prevention or reduction of solid waste, management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste, recycling, reuse and material or energy recovery from solid waste and facilities necessary or convenient to such activities.

(26) “Source separate” means that the person who last uses recyclable material separates the recyclable material from solid waste.

(27) “Transfer station” means a fixed or mobile facility other than a collection vehicle where solid waste is deposited temporarily after being removed from the site of generation but before being transported to a final disposal location.

(28) “Waste prevention” means to reduce the amount of solid waste generated or resources used, without increasing toxicity, in the design, manufacture, purchase or use of products or packaging. “Waste prevention” does not include reuse, recycling or composting.

(29) “Wasteshed” means an area of the state having a common solid waste disposal system or designated by the commission as an appropriate area of the state within which to develop a common recycling program.

(30) “Yard debris” includes grass clippings, leaves, hedge trimmings and similar vegetative waste generated from residential property or landscaping activities, but does not include stumps or similar bulky wood materials.

NOTE: Conforms structure of (8) to legislative style; deletes excess verbiage in (8)(b)(C).

SECTION 291. ORS 459.305 is amended to read:

459.305. (1) Except as otherwise provided by rules adopted by the Environmental Quality Commission under subsection [(3)] (4) of this section, a disposal site may not accept solid waste generated outside the county in which the disposal site is located unless the Department of Environmental Quality certifies or, for waste that originates outside Oregon in an amount exceeding 75,000 tons annually from a single source generator or wasteshed, the disposal site operator demonstrates to the department, that the person responsible for solid waste management in the area from which the solid waste originates has implemented an opportunity to recycle that:

(a) Includes a program for recycling that achieves the applicable recovery rate in ORS 459A.010 (6) for waste originating in Oregon, or for waste originating outside Oregon, either a recovery rate equivalent to that achieved in a comparable county in Oregon or a recycling program equivalent to the opportunity to recycle in ORS 459A.005 (1)(a) and (2) and the program elements in ORS 459A.010 (2) and (3); and

(b) For waste originating inside Oregon, meets the requirements of ORS 459.250 and 459A.005 to 459A.085.

(2) The Environmental Quality Commission shall adopt rules to establish a program for certification of recycling programs established by a person in order to comply with the requirement of subsection (1) of this section. No contract or agreement for the disposal of solid waste made between an owner or operator of a disposal site and a person shall affect the authority of the commission to establish or modify the requirements established under subsection (1) of this section.

(3) For each area outside the state from which a disposal site receives solid waste, the disposal site shall have two years after first accepting solid waste from the area to demonstrate how the area complies with the requirements of subsection (1) of this section. The disposal site operator shall provide written notice to the Department of Environmental Quality prior to first accepting solid waste from outside the state. The requirements of this subsection shall apply only to contracts entered into after September 9, 1995.

(4) The commission shall establish by rule the amount of solid waste that may be accepted from outside the county in which the disposal site is located before the person must comply with the requirements set forth in subsection (1) of this section.

(5) Subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adopting the fee, and within the budget authorized by the Legislative Assembly as that budget may be modified by the Emergency Board, the Department of Environmental Quality may establish a certification fee in accordance with ORS 468.065. The fees shall not exceed the cost of the program.

(6) The certification requirement under subsection (1) of this section shall not apply to a person implementing a waste reduction program under ORS 459.055.

(7) Notwithstanding any other provision of law relating to solid waste disposal, if the laws of the state of origin prohibit or restrict the disposal of any kind of solid waste within the state of origin, such prohibition or restriction shall also apply to the disposal of such solid waste in Oregon.

NOTE: Corrects internal reference in (1).

SECTION 292. ORS 459A.515 is amended to read:

459A.515. [(1)] No later than February 28 each year, each consumer of newsprint shall report to the Department of Environmental Quality the following information for the previous calendar year:

[(a)] (1) The amount of newsprint used in short tons;

[(b)] (2) The amount of recycled-content newsprint used in short tons; and

[(c)] (3) The aggregate recycled content of the newsprint used as a percent.

[(2) If a consumer of newsprint cannot obtain sufficient amounts of recycled-content newsprint during the year because of one or more of the factors described in ORS 459A.505, the report submitted under subsection (1) of this section in 1996 shall include such information.]

NOTE: Deletes obsolete provision.

SECTION 293. ORS 460.165 is amended to read:

460.165. (1) Subject to ORS 460.035 (1) and 460.085 (1), the maximum fees described in this [section] subsection may be collected by the Department of Consumer and Business Services for examining plans, for the inspection of elevators, for issuing or renewing an elevator contractor's license and for processing reports and issuing the annual permit for the operation of an elevator, as the case may be. Actual fees shall be prescribed by the department with approval of the Oregon Department of Administrative Services. This section applies to the following fees:

[(1)] (a) For an elevator contractor's license for each place of business operated by the applicant, $195.

[(2)] (b) With the submission of plans and other pertinent data, for each elevator, $78.

[(3)] (c) For each periodical or other inspection made by a member of the department's staff of elevator inspectors, except as provided in [subsection (6) of this section] paragraph (f) of this subsection, the following schedule of maximum fees shall apply:

[(a)] (A) Dumbwaiter, sidewalk elevator, residential elevator, residential inclinator or subveyor, $52.

[(b)] (B) Escalator, lowerator, manlift, stagelift, inclined elevator, platform hoist or moving walk, $78.

[(c)] (C) Power-driven elevator with a four floor rise or under, $78.

[(d)] (D) Power-driven elevator with over a four floor rise, but under a 10-floor rise, $98.

[(e)] (E) Power-driven elevator with over 10-floor rise, but under 20-floor rise, $124.

[(f)] (F) Power-driven elevator with a 20-floor rise or over, $147.

[(g)] (G) A callback made on a mechanism listed in [paragraphs (a) to (f) of this subsection] subparagraphs (A) to (F) of this paragraph and made by request or in the continued existence of a defect, $52.

[(4)] (d) Special inspections of hoisting or lowering mechanisms other than elevators or under special agreement between the department and a person requesting a special inspection shall be at the maximum rate of $55 per hour for travel and inspection time.

[(5)] (e) For the processing of each report of an inspection required under the provisions of ORS 460.005 to 460.175, $20.

[(6)] (f) Maximum inspection fee in the case of installation or alteration of an elevator, if the total cost of the installation or alteration, other than the inspection fee, is:

[(a)] (A) $1,000 or under, the maximum fee is $98.

[(b)] (B) Over $1,000 but under $15,000, the maximum fee is $98 plus $13 for each $1,000 or fraction of $1,000 by which the cost exceeds $1,000.

[(c)] (C) $15,000 or over but under $50,000, the maximum fee is $280 plus $8 for each $1,000 or fraction of $1,000 by which the cost exceeds $15,000.

[(d)] (D) $50,000 or over, the maximum fee is $553 plus $3 for each $1,000 or fraction of $1,000 by which the cost exceeds $50,000.

[(7)] (2) Whenever an owner or user of any elevator equipment fails to pay a fee required under this section within 90 days after the date of depositing written notification in the United States mail, postage prepaid, and addressed to the last-known address of said owner or user, the fee shall be considered delinquent and the fee shall be doubled unless the owner or user of the elevator equipment establishes to the satisfaction of the department justification for failure to pay. The court may award reasonable attorney fees to the department if the department prevails in an action for the collection of a fee required by this section. The court may award reasonable attorney fees to a defendant who prevails in an action for the collection of a fee required by this section if the court determines that the department had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.

NOTE: Restructures section to correct lead-in problem; adjusts internal references.

SECTION 294. ORS 462.010 is amended to read:

462.010. As used in this chapter, unless the context otherwise requires:

(1) “Breaks” means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).

(2) “Calendar year” means a 12-month year, January 1 through December 31.

[(1)] (3) “Commission” means the Oregon Racing Commission.

[(2) “Race meet” means and includes any exhibition of animal racing where the mutuel system is used in conjunction with any race.]

(4) “Continuous race meet” includes any exhibition of animal racing continuously at the same race course by two or more licensees where the mutuel system is used in conjunction with any race.

(5) “Drug” means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner, directly or indirectly, internally or externally, in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease that could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. “Drug” includes:

(a) Substances, other than foods, intended to affect the structure or any function of the body of the animal and all substances affecting the central nervous system, respiratory system or blood pressure of any animal other than vitamins or supplemental feeds; and

(b) Any identified substance that can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.

(6) “Fiscal year” means a 12-month year, as described in ORS 293.605.

[(3)] (7) “Licensee” means a person, partnership, corporation, political subdivision, municipal corporation or any other body holding a license under this chapter.

(8) “Mutuel” means a system whereby wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are wagering with each other and not against the operator.

[(4)] (9) “Public training track” means any race course or other facility that is available or open to the public for use in the training or schooling of racing animals.

(10) “Race” means any race conducted in a race meet. ”Race” includes races conducted without wagering, provided one or more races in the meet are conducted with wagering.

[(5)] (11) “Race course” means all the premises used in connection with the conduct of a race meet, including but not limited to, the race track, grandstands, paddock, stables, kennels and all other buildings and grounds adjacent to or appurtenant to the physical limits of the race track.

(12) “Race meet” means any exhibition of animal racing where the mutuel system is used in conjunction with any race.

[(6) “Race” shall mean any race conducted in a race meet. Included are races conducted without wagering provided one or more races in the meet are conducted with wagering.]

[(7) “Drug” means any narcotic, sedative, anesthetic, analgesic, drug or other medication of any kind or description intended for use in any manner - directly or indirectly, internally or externally - in the diagnosis, treatment, mitigation or cure of injury or disease or for use in the prevention of disease, which could affect, in any manner, the racing condition or performance of an animal as a depressant, stimulant, local anesthetic, analgesic, sedative or otherwise. The term also includes substances (other than foods) intended to affect the structure or any function of the body of the animal and all substances affecting the central nervous system, respiratory system, or blood pressure of any animal other than vitamins or supplemental feeds. Also specifically included is any identified substance which can affect or interfere with the true and accurate testing and analysis of blood, saliva, urine or other samples taken from racing animals.]

[(8) “Continuous race meet” includes any exhibition of animal racing continuously at the same race course by two or more licensees where the mutuel system is used in conjunction with any race.]

[(9) “Breaks” means the odd cents remaining after the payoff prices have been computed in accordance with ORS 462.140 (3).]

[(10) “Fiscal year” means a 12-month year, as described in ORS 293.605.]

[(11) “Calendar year” means a 12-month year, January 1 through December 31.]

[(12) “Mutuel” means a system whereby wagers with respect to the outcome of a race are placed with a wagering pool in which the participants are wagering with each other and not against the operator.]

NOTE: Alphabetizes definitions; conforms syntax, punctuation and structure to legislative style in new (5), (10) and (12).

SECTION 295. ORS 462.062 is amended to read:

462.062. (1) All licensees of race meets for horses, except those subject to ORS 462.057, shall make payments as follows:

[(1)] (a) License fee - $100 per racing day, payable to the Oregon Racing Commission.

[(2)] (b) Percentage of gross mutuel wagering payable to the commission - one percent.

[(3)] (c) Percentage of gross mutuel wagering for purses, in such amounts as the race meet licensee and the horse owners may agree upon, subject to approval by the commission. In addition, a payment of 0.1 percent, which shall not become part of the regular purse account, but shall be used only to supplement purses of races consisting exclusively of Oregon bred horses. However, subject to prior approval of the commission, a portion of the percentage of gross mutuel wagering designated by this [subsection] paragraph may be paid to one or more associations of horsemen for operating expenses and other benefits for horsemen.

[(4)] (d) To the Oregon Thoroughbred Breeders Association, Incorporated, percentage of gross mutuel wagering on thoroughbred horse races for purse supplements for owners of Oregon bred thoroughbred horses - one percent, to be apportioned among the owners in the same ratio that each owner's purses for Oregon bred thoroughbred horses for the race meet bears to the total purses for Oregon bred thoroughbred horses for the race meet.

[(5)] (e) To the Racing Division of the Oregon Quarterhorse Association, Incorporated, percentage of gross mutuel wagering on quarterhorse races for purse supplements for owners of Oregon bred quarterhorses - one percent, to be apportioned among the owners in the same ratio that each owner's purses for Oregon bred quarterhorses for the race meet bears to the total purses for Oregon bred quarterhorses for the race meet.

[(6)] (f) To each association of horsemen recognized by the commission as representing the other breeds of horses not designated in [subsection (4) or (5) of this section] paragraph (d) or (e) of this subsection, percentage of gross mutuel wagering on races for any other breed of horses, not designated in [subsection (4) or (5) of this section] paragraph (d) or (e) of this subsection, for purse supplements of owners of other Oregon bred horses - one percent, to be apportioned among the owners in the same ratio that each owner's purses for other Oregon bred horses for the race meet bears to total purses for other Oregon bred horses for the race meet.

(g) Percentage of gross mutuel wagering to a special track fund of the type, and for the uses and purposes, and subject to the conditions set forth in ORS 462.057 (1)(c)(F) - 0.2 percent.

[(7)] (2) Subject to prior approval of the commission, each horsemen's association designated in [subsections (4), (5) and (6) of this section] subsection (1)(d), (e) and (f) of this section may use a portion of the purse supplements as operating expenses only for receipt, handling and payment of these funds.

[(8) Percentage of gross mutuel wagering to a special track fund of the type, and for the uses and purposes, and subject to the conditions set forth in ORS 462.057 (1)(c)(F) - 0.2 percent.]

NOTE: Restructures section to correct lead-in problem; adjusts internal references.

SECTION 296. ORS 462.127 is amended to read:

462.127. Notwithstanding any other provision of this chapter:

(1) The Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen's Benevolent and Protective Association, may each be granted up to 15 days of racing per fiscal year at locations approved by the Oregon Racing Commission. Such racing will be sponsored by the Racing Division of the Oregon Quarterhorse Association, Incorporated, or the Oregon Division Horsemen's Benevolent and Protective Association, and the net licensee income shall be used only for the payment of purses to horsemen participating at the meeting. The commission shall schedule the racing for the Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen's Benevolent and Protective Association, in such a manner as to avoid conflict with other race meets previously licensed under ORS 462.057. The Racing Division of the Oregon Quarterhorse Association, Incorporated, and the Oregon Division Horsemen's Benevolent and Protective Association, shall make payments as specified in ORS 462.057 (1).

(2) Racing days granted pursuant to this section shall not be included in the number of racing days counted for purposes of the [160-day] 350-day limitation referred to in ORS 462.125 (2).

NOTE: Corrects limitation reference in (2).

SECTION 297. ORS 464.350 is amended to read:

464.350. (1)(a) The Department of Justice by rule may establish limits on the number of hours per day and days per week that organizations licensed by the department may operate bingo or lotto games or Monte Carlo events.

(b) [After January 1, 1988,] The department, by its rules, shall not permit the operation of bingo or lotto games by any licensee for more than 15 hours in any one week nor for more than three days in any one calendar week.

(2) An organization authorized by law to operate Monte Carlo events:

(a) May not conduct more than seven Monte Carlo events in any 12-month period;

(b) May not directly or indirectly rent a facility for a Monte Carlo event from a licensed supplier of Monte Carlo event equipment; and

(c) May not enter into a binding legal contract with a licensed supplier of Monte Carlo equipment to conduct events for a period in excess of one year.

(3) No Monte Carlo event shall be conducted that exceeds 12 hours in length. For the purposes of this subsection, each 12-hour period shall begin at the official starting time of the Monte Carlo event and run continuously, whether or not contests of chance are continuously operated.

(4) Monte Carlo events shall not be conducted at the same location more than 15 times in a calendar month or more than 40 times in a calendar year.

NOTE: Deletes obsolete provision in (1)(b).

SECTION 298. ORS 465.315 is amended to read:

465.315. (1)(a) Any removal or remedial action performed under the provisions of ORS 465.200 to 465.510 and 465.900 shall attain a degree of cleanup of the hazardous substance and control of further release of the hazardous substance that assures protection of present and future public health, safety and welfare and of the environment.

(b) The Director of the Department of Environmental Quality shall select or approve remedial actions that are protective of human health and the environment. The protectiveness of a remedial action shall be determined based on application of both of the following:

(A) The acceptable risk level for exposures. For protection of humans, the acceptable risk level for exposure to individual carcinogens shall be a lifetime excess cancer risk of one per one million people exposed, and the acceptable risk level for exposure to noncarcinogens shall be the exposure that results in a Hazard Index number equal to or less than one. “Hazard Index number” means a number equal to the sum of the noncarcinogenic risks (hazard quotient) attributable to systemic toxicants with similar toxic endpoints. For protection of ecological receptors, if a release of hazardous substances causes or is reasonably likely to cause significant adverse impacts to the health or viability of a species listed as threatened or endangered pursuant to 16 U.S.C. 1531 et seq. or ORS 496.172, or a population of plants or animals in the locality of the facility, the acceptable risk level shall be the point before such significant adverse impacts occur.

(B) A risk assessment undertaken in accordance with the risk protocol established by the Environmental Quality Commission in accordance with subsection (2)(a) of this section.

(c) A remedial action may achieve protection of human health and the environment through:

(A) Treatment that eliminates or reduces the toxicity, mobility or volume of hazardous substances;

(B) Excavation and off-site disposal;

(C) Containment or other engineering controls;

(D) Institutional controls;

(E) Any other method of protection; or

(F) A combination of the above.

(d) The method of remediation appropriate for a specific facility shall be determined through an evaluation of remedial alternatives and a selection process to be established pursuant to rules adopted by the commission. The director shall select or approve a protective alternative that balances the following factors:

(A) The effectiveness of the remedy in achieving protection;

(B) The technical and practical implementability of the remedy;

(C) The long term reliability of the remedy;

(D) Any short term risk from implementing the remedy posed to the community, to those engaged in the implementation of the remedy and to the environment; and

(E) The reasonableness of the cost of the remedy. The cost of a remedial action shall not be considered reasonable if the costs are disproportionate to the benefits created through risk reduction or risk management. Subject to the preference for treatment of hot spots, [where] when two or more remedial action alternatives are protective as provided in paragraph (b) of this subsection, the least expensive remedial action shall be preferred unless the additional cost of a more expensive alternative is justified by proportionately greater benefits within one or more of the factors set forth in subparagraphs (A) to (D) of this paragraph. The director shall use a higher threshold for evaluating the reasonableness of the costs for treating hot spots than for remediation of areas other than hot spots.

(e) For contamination constituting a hot spot as defined by the commission pursuant to subsection (2)(b) of this section, the director shall select or approve a remedial action requiring treatment of the hot spot contamination unless treatment is not feasible considering the factors set forth in paragraph (d) of this subsection. For contamination constituting a hot spot under subsection (2)(b)(A) of this section, the director shall evaluate, with the same preference as treatment, the excavation and off-site disposal of the contamination at a facility authorized for such disposal under state or federal law. For excavation and off-site disposal of contamination that is a hazardous waste as described in ORS 466.005, the director shall consider the method and distance for transportation of the contamination to available disposal facilities in selecting or approving a remedial action that is protective under subsection (1)(d) of this section. If requested by the responsible party or recommended by the Department of Environmental Quality, the director may select or approve excavation and off-site disposal as the remedial action for contamination constituting a hot spot under subsection (2)(b)(A) of this section.

(f) The Department of Environmental Quality shall develop or identify generic remedies for common categories of facilities considering the balancing factors set forth in paragraph (d) of this subsection. The department's development of generic remedies shall take into consideration demonstrated remedial actions and technologies and scientific and engineering evaluation of performance data. Where a generic remedy would be protective and satisfy the balancing factors under paragraph (d) of this subsection at a specific facility, the director may select or approve the generic remedy for that site on a streamlined basis with a limited evaluation of other remedial alternatives.

(g) Subject to paragraphs (b) and (d) of this subsection, in selecting or approving a remedial action, the director shall consider current and reasonably anticipated future land uses at the facility and surrounding properties, taking into account current land use zoning, other land use designations, land use plans as established in local comprehensive plans and land use implementing regulations of any governmental body having land use jurisdiction, and concerns of the facility owner, neighboring owners and the community.

(2) [Within 18 months after July 18, 1995,] The commission shall adopt rules:

(a) Establishing a risk protocol for conducting risk assessments. The risk protocol shall:

(A) Require consideration of existing and reasonably likely future human exposures and significant adverse effects to ecological receptor health and viability, both in a baseline risk assessment and in an assessment of residual risk after a remedial action;

(B) Require risk assessments to include reasonable estimates of plausible upper-bound exposures that neither grossly underestimate nor grossly overestimate risks;

(C) Require risk assessments to consider, to the extent practicable, the range of probabilities of risks actually occurring, the range of size of the populations likely to be exposed to the risk, current and reasonably likely future land uses, and quantitative and qualitative descriptions of uncertainties;

(D) Identify appropriate sources of toxicity information;

(E) Define the use of probabilistic modeling;

(F) Identify criteria for the selection and application of fate and transport models;

(G) Define the use of high-end and central-tendency exposure cases and assumptions;

(H) Define the use of population risk estimates in addition to individual risk estimates;

(I) To the extent deemed appropriate and feasible by the commission considering available scientific information, define appropriate approaches for addressing cumulative risks posed by multiple contaminants or multiple exposure pathways, including how the acceptable risk levels set forth in subsection (1)(b)(A) of this section shall be applied in relation to cumulative risks; and

(J) Establish appropriate sampling approaches and data quality requirements.

(b) Defining hot spots of contamination. The definition of hot spots shall include:

(A) Hazardous substances that are present in high concentrations, are highly mobile or cannot be reliably contained, and that would present a risk to human health or the environment exceeding the acceptable risk level if exposure occurs.

(B) Concentrations of hazardous substances in ground water or surface water that have a significant adverse effect on existing or reasonably likely future beneficial uses of the water and for which treatment is reasonably likely to restore or protect such beneficial use within a reasonable time.

(3) Except as provided in subsection (4) of this section, the director may exempt the on-site portion of any removal or remedial action conducted under ORS 465.200 to 465.510 and 465.900 from any requirement of ORS 466.005 to 466.385 and ORS chapters 459, 468, 468A and 468B. Without affecting substantive requirements, no state or local permit, license or other authorization shall be required for, and no procedural requirements shall apply to, the portion of any removal or remedial action conducted on-site where such removal or remedial action has been selected or approved by the director under this section, unless the permit, license, authorization or procedural requirement is necessary to preserve or obtain federal authorization of a state program or the person performing a removal or remedial action elects to obtain the permit, license or authorization or comply with the procedural requirement. The person performing a removal or remedial action shall notify the appropriate state or local governmental body of the permits, licenses, authorizations or procedural requirements waived under this subsection and, at the request of the governmental body, pay applicable fees. Any costs paid as a fee to a governmental body under this subsection shall not also be recoverable by the governmental body as remedial action costs.

(4) Notwithstanding any provision of subsection (3) of this section, any on-site treatment, storage or disposal of a hazardous substance shall comply with the standard established under subsection (1)(a) of this section and any activities conducted in a public right of way under a removal or remedial action pursuant to this section shall comply with the requirements of the applicable jurisdiction.

(5) Nothing in this section shall affect the authority of the director to undertake, order or authorize an interim or emergency removal action.

(6) Nothing in this section or in rules adopted pursuant to this section shall prohibit the application of rules in effect on July 18, 1995, that use numeric soil cleanup standards to govern remediation of motor fuel and heating oil releases from underground storage tanks.

NOTE: Corrects word choice in (1)(d)(E); deletes obsolete provision in (2).

SECTION 299. Section 5, chapter 928, Oregon Laws 2001, is amended to read:

Sec. 5. Sections [6 to 8a of this 2001 Act] 6, 6a, 7 and 8a, chapter 928, Oregon Laws 2001, are added to and made a part of ORS 468.155 to 468.190.

NOTE: Excludes inappropriate section from adding clause.

SECTION 300. Notwithstanding any other provision of law, ORS 468.962 is not considered to have been added to or made a part of ORS 468.155 to 468.190 for the purpose of statutory compilation or for the application of definitions, penalties or administrative provisions applicable to statute sections in that series.

NOTE: Excludes inappropriate section from series; see section 299 (amending section 5, chapter 928, Oregon Laws 2001).

SECTION 301. ORS 468.962 is added to and made a part of ORS chapter 468.

NOTE: Adds section to appropriate chapter; see sections 299 and 300 (amending section 5, chapter 928, Oregon Laws 2001, and removing 468.962 from series).

SECTION 302. ORS 468B.110 is amended to read:

468B.110. (1) Except as provided in subsection (2) of this section, as necessary to achieve and maintain standards of water quality or purity adopted under ORS 468B.048, the Environmental Quality Commission or Department of Environmental Quality may, by rule or order, impose and enforce limitations or other controls which may include total maximum daily loads, wasteload allocations for point sources and load allocations for nonpoint sources, as provided in the Federal Water Pollution Control Act (33 U.S.C.§ 1321) and federal regulations and guidelines issued pursuant thereto.

(2) Unless required to do so by the provisions of the Federal [Clean] Water Pollution Control Act, neither the Environmental Quality Commission nor the Department of Environmental Quality shall promulgate or enforce any effluent limitation upon nonpoint source discharges of pollutants resulting from forest operations on forestlands in this state. Implementation of any limitations or controls applying to nonpoint source discharges or pollutants resulting from forest operations are subject to ORS 527.765 and 527.770. However, nothing in this section is intended to affect the authority of the commission or the department provided by law to impose and enforce limitations or other controls on water pollution from sources other than forest operations.

(3) When the Environmental Quality Commission establishes instream water quality standards to protect designated beneficial uses in the waters of the state, it shall consider, where applicable, available scientific information including, but not limited to, stream flow, geomorphology and other factors representing the variability and complexity of hydrologic systems and intrinsic water quality conditions.

(4) When the Environmental Quality Commission establishes instream water quality standards, it will also issue guidelines describing how the department and the commission will determine whether water quality standards in waters affected by nonpoint source activities are being met. In developing these guidelines, the commission shall include, where applicable, those physical characteristics such as stream flow, geomorphology, seasons, frequency, duration, magnitude and other factors which represent the variability and complexity of forested and other appropriate hydrologic systems.

NOTE: Corrects title of federal Act in (2).

SECTION 303. ORS 468B.130 is amended to read:

468B.130. (1) Except as provided in subsection (2) of this section, no person may sell, offer to sell or distribute for sale within Oregon, any cleaning agent containing more than 0.5 percent phosphorus by weight.

(2) A cleaning agent used in automatic dishwashers may be sold, offered for sale or distributed in Oregon if the cleaning agent [is sold, offered for sale or distributed on or after July 1, 1992, and] contains 8.7 percent or less phosphorus by weight.

(3) All cleaning agents that are sold in this state shall be labeled with the percent of phosphorus by weight, including equivalency in grams of phosphorus per recommended use level.

(4) The Environmental Quality Commission shall adopt rules governing the labeling requirements imposed by subsection (3) of this section.

NOTE: Deletes outdated provision in (2).

SECTION 304. ORS 468B.217 is amended to read:

468B.217. (1) [On or before January 1, 1994,] The Environmental Quality Commission and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to operate a program for the prevention and control of water pollution from a confined animal feeding operation.

(2) Subject to the terms of the memorandum of understanding required by subsection (1) of this section, the State Department of Agriculture:

(a) May perform any function of the Environmental Quality Commission or the Department of Environmental Quality relating to the control and prevention of water pollution from a confined animal feeding operation.

(b) May enter onto and inspect, at any reasonable time, a confined animal feeding operation or appurtenant land for the purpose of investigating a source of water pollution or to ascertain compliance with a statute, rule, standard or permit condition relating to the control or prevention of water pollution from the operation. The State Department of Agriculture shall have access to a pertinent record of a confined animal feeding operation including but not limited to a blueprint, design drawing and specification, maintenance record or log, or an operating rule, procedure or plan.

NOTE: Deletes outdated provision in (1).

SECTION 305. ORS 475.302 is amended to read:

475.302. As used in ORS 475.300 to 475.346:

(1) “Attending physician” means a physician licensed under ORS chapter 677 who has primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.

(2) “Debilitating medical condition” means:

(a) Cancer, glaucoma, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;

(b) A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

[(i)] (A) Cachexia;

[(ii)] (B) Severe pain;

[(iii)] (C) Severe nausea;

[(iv)] (D) Seizures, including but not limited to seizures caused by epilepsy; or

[(v)] (E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis; or

(c) Any other medical condition or treatment for a medical condition adopted by the department by rule or approved by the department pursuant to a petition submitted pursuant to ORS 475.334.

(3) “Delivery” has the meaning given that term in ORS 475.005.

(4) “Department” means the Department of Human Services.

(5) “Designated primary caregiver” means an individual [eighteen] 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person's application for a registry identification card or in other written notification to the department. “Designated primary caregiver” does not include the person's attending physician.

(6) “Marijuana” has the meaning given that term in ORS 475.005.

(7) “Medical use of marijuana” means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition.

(8) “Production” has the same meaning given that term in ORS 475.005.

(9) “Registry identification card” means a document issued by the department that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any.

(10) “Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. “Usable marijuana” does not include the seeds, stalks and roots of the plant.

(11) “Written documentation” means a statement signed by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person's relevant medical records.

NOTE: Conforms subparagraph numbering in (2)(b) and number in (5) to legislative style.

SECTION 306. ORS 475.309 is amended to read:

475.309. (1) Except as provided in ORS 475.316 and 475.342, a person engaged in or assisting in the medical use of marijuana is excepted from the criminal laws of the state for possession, delivery or production of marijuana, aiding and abetting another in the possession, delivery or production of marijuana or any other criminal offense in which possession, delivery or production of marijuana is an element if the following conditions have been satisfied:

(a) The person holds a registry identification card issued pursuant to this section, has applied for a registry identification card pursuant to subsection (9) of this section[,] or is the designated primary caregiver of a cardholder or applicant; and

(b) The person who has a debilitating medical condition and [his or her] the person's primary caregiver are collectively in possession of, delivering or producing marijuana for medical use in the amounts allowed in ORS 475.306.

(2) The Department of Human Services shall establish and maintain a program for the issuance of registry identification cards to [person] persons who meet the requirements of this section. Except as provided in subsection (3) of this section, the department shall issue a registry identification card to any person who pays a fee in the amount established by the department and provides the following:

(a) Valid, written documentation from the person's attending physician stating that the person has been diagnosed with a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effects of the person's debilitating medical condition;

(b) The name, address and date of birth of the person;

(c) The name, address and telephone number of the person's attending physician; and

(d) The name and address of the person's designated primary caregiver, if the person has designated a primary caregiver at the time of application.

(3) The department shall issue a registry identification card to a person who is under 18 years of age if the person submits the materials required under subsection (2) of this section, and the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement that:

(a) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

(b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

(c) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

(d) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

(4) A person applying for a registry identification card pursuant to this section may submit the information required in this section to a county health department for transmittal to the Department of Human Services. A county health department that receives the information pursuant to this subsection shall transmit the information to the Department of Human Services within five days of receipt of the information. Information received by a county health department pursuant to this subsection shall be confidential and not subject to disclosure, except as required to transmit the information to the Department of Human Services.

(5) The department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within thirty days of receipt of the application.

(a) The department may deny an application only for the following reasons:

[(i)] (A) The applicant did not provide the information required pursuant to this section to establish [his or her] the applicant's debilitating medical condition and to document [his or her] the applicant's consultation with an attending physician regarding the medical use of marijuana in connection with such condition, as provided in subsections (2) and (3) of this section; or

[(ii)] (B) The department determines that the information provided was falsified.

(b) Denial of a registry identification card shall be considered a final department action, subject to judicial review. Only the person whose application has been denied, or, in the case of a person under the age of 18 years of age whose application has been denied, the person's parent or legal guardian, shall have standing to contest the department's action.

(c) Any person whose application has been denied may not reapply for six months from the date of the denial, unless so authorized by the department or a court of competent jurisdiction.

(6)(a) If the department has verified the information submitted pursuant to subsections (2) and (3) of this section and none of the reasons for denial listed in subsection (5)(a) of this section is applicable, the department shall issue a serially numbered registry identification card within five days of verification of the information. The registry identification card shall state:

[(i)] (A) The cardholder's name, address and date of birth;

[(ii)] (B) The date of issuance and expiration date of the registry identification card;

[(iii)] (C) The name and address of the person's designated primary caregiver, if any; and

[(iv)] (D) Such other information as the department may specify by rule.

(b) When the person to whom the department has issued a registry identification card pursuant to this section has specified a designated primary caregiver, the department shall issue an identification card to the designated primary caregiver. The primary caregiver's registry identification card shall contain the information provided in paragraph (a) of this subsection.

(7)(a) A person who possesses a registry identification card shall:

[(i)] (A) Notify the department of any change in the person's name, address, attending physician or designated primary caregiver; and

[(ii)] (B) Annually submit to the department:

[(A)] (i) Updated written documentation of the person's debilitating medical condition; and

[(B)] (ii) The name of the person's designated primary caregiver if a primary caregiver has been designated for the upcoming year.

(b) If a person who possesses a registry identification card fails to comply with this subsection, the card shall be deemed expired. If a registry identification card expires, the identification card of any designated primary caregiver of the cardholder shall also expire.

(8) A person who possesses a registry identification card pursuant to this section and who has been diagnosed by the person's attending physician as no longer having a debilitating medical condition shall return the registry identification card to the department within seven calendar days of notification of the diagnosis. Any designated primary caregiver shall return [his or her] the caregiver's identification card within the same period of time.

(9) A person who has applied for a registry identification card pursuant to this section but whose application has not yet been approved or denied, and who is contacted by any law enforcement officer in connection with [his or her] the person's administration, possession, delivery or production of marijuana for medical use may provide to the law enforcement officer a copy of the written documentation submitted to the department pursuant to subsections (2) or (3) of this section and proof of the date of mailing or other transmission of the documentation to the department. This documentation shall have the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied.

NOTE: Corrects punctuation in (1)(a); eliminates gender-specific pronouns in (1)(b), (5)(a)(A), (8) and (9); corrects grammar in (2); conforms subparagraph numbering to legislative style in (5)(a), (6)(a) and (7)(a).

SECTION 307. ORS 475.565 is amended to read:

475.565. (1) In addition to any other penalty provided by law:

(a) A person who violates ORS 475.525 shall incur a civil penalty in an amount of at least $2,000 and not more than $10,000; and

(b) The court may order other equitable remedies including but not limited to injunctive relief.

(2) Any fines collected under this section shall be forwarded to the State Treasurer for deposit in the General Fund to the credit of the Department of Human Services [for use by the department]. The moneys shall be used for the development and implementation of drug abuse prevention activities and adolescent treatment.

NOTE: Deletes superfluous language resulting from name change in (2).

SECTION 308. ORS 475A.005, as amended by section 1a, chapter 780, Oregon Laws 2001, is amended to read:

475A.005. As used in this chapter, unless the context requires otherwise:

(1) “All persons known to have an interest” means:

(a) Any person who has, prior to the time the property is seized for forfeiture, filed notice of interest with any public office as may be required or permitted by law to be filed with respect to the property which has been seized for forfeiture;

(b) Any person from whose custody the property was seized; or

(c) Any person who has an interest in the property, including all owners and occupants of the property, whose identity and address is known or is ascertainable upon diligent inquiry and whose rights and interest in the property may be affected by the action.

(2) “Attorney fees” has the meaning given that term in ORCP 68 A.

(3) “Costs and disbursements” are those expenditures set forth in ORCP 68 A.

(4) “Financial institution” means any person lawfully conducting business as:

(a) A financial institution or trust company, as those terms are defined in ORS 706.008;

(b) A consumer finance company subject to the provisions of ORS chapter 725;

(c) A mortgage banker or a mortgage broker as those terms are defined in ORS 59.840, a mortgage servicing company or other mortgage company;

(d) An officer, agency, department or instrumentality of the federal government, including but not limited to:

(A) The Secretary of Housing and Urban Development;

(B) The Federal Housing Administration;

(C) The [Veterans Administration] Department of Veterans Affairs;

(D) The Farmers Home Administration;

(E) The Federal National Mortgage Association;

(F) The Government National Mortgage Administration;

(G) The Federal Home Loan Mortgage Association;

(H) The Federal Agricultural Mortgage Corporation; and

(I) The Small Business Administration;

(e) An agency, department or instrumentality of the state, including but not limited to:

(A) The Housing Agency;

(B) Any entity established by the Director of Veterans' Affairs to carry out the provisions of ORS chapter 407; and

(C) The Public Employees Retirement System;

(f) An agency, department or instrumentality of any municipality in the state, including but not limited to such agencies as the Portland Development Commission;

(g) An insurer as defined in ORS 731.106;

(h) A private mortgage insurance company;

(i) A pension plan or fund or other retirement plan; and

(j) A broker-dealer or investment adviser as defined in ORS 59.015.

(5) “Forfeiting agency” means the State of Oregon or a political subdivision thereof that has accepted for forfeiture property seized by a seizing agency or that is processing a forfeiture case.

(6) “Forfeiture counsel” means an attorney designated to represent a forfeiting agency in forfeiture actions or proceedings.

(7) “Law enforcement agency” means any agency which employs police officers or prosecutes criminal cases.

(8) “Official law enforcement use” or “official law enforcement activity” means uses or activities which may reasonably be expected to result in the identification, apprehension or conviction of criminal offenders.

(9) “Police officer” has the meaning given that term in ORS 133.525.

(10) “Proceeds of prohibited conduct” means property derived directly or indirectly from, maintained by or realized through an act or omission, and includes any benefit, interest or property of any kind without reduction for expenses of acquiring or maintaining it or incurred for any other reason.

(11) “Prohibited conduct” includes violation of, solicitation to violate, attempt to violate or conspiracy to violate any provisions of ORS 475.005 to 475.285 and 475.805 to 475.999 when the conduct constitutes either a felony or misdemeanor as those terms are defined in ORS 161.525 and 161.545.

(12) “Property” means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due.

(13) “Seizing agency” means a law enforcement agency that has seized property for forfeiture.

(14) “Weapon” means any instrument of offensive or defensive combat or anything used, or designed to be used, in destroying, defeating or injuring a person.

NOTE: Corrects federal agency title in (4)(d)(C).

SECTION 309. ORS 475A.085 is amended to read:

475A.085. (1) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 475A.025.

(2) In any action brought against property subject to civil forfeiture under ORS 475A.020 (7), a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.

(3) If, by a preponderance of the evidence, the claimant proves a defense under this section, then judgment shall be entered for the claimant as provided in ORS 475A.110 [(6)] (7).

NOTE: Adjusts subsection reference in (3) for renumbering; see sections 311 and 312 (amending 475A.110).

SECTION 310. ORS 475A.085, as amended by section 10a, chapter 780, Oregon Laws 2001, is amended to read:

475A.085. (1) A claimant may plead as an affirmative defense that the claimant took the property or the interest which the claimant holds therein:

(a)(A) Before it was seized for forfeiture;

(B) In good faith and without intent to defeat the interest of any forfeiting agency; and

(C) Continued to hold the property or interest without acquiescing in the prohibited conduct; or

(b) By coownership or cotenancy taken in good faith, without intent to defeat the interest of any forfeiting agency and continued to hold the property or interest without acquiescing in the prohibited conduct.

(2) A claimant may plead as an affirmative defense that the property was seized in violation of ORS 475A.025.

(3) In any action brought against property subject to forfeiture under ORS 475A.020 (7), a claimant may plead as an affirmative defense that the controlled substance was solely for personal use.

(4) If, by a preponderance of the evidence, the claimant proves a defense under this section, then judgment shall be entered for the claimant as provided in ORS 475A.110 [(6)] (7).

(5) This defense may not be asserted by a financial institution which holds a security interest in the property.

(6) For the purposes of subsection (1) of this section, a person shall be considered to have acquiesced in prohibited conduct if the person knew of the prohibited conduct and knowingly failed to take reasonable action under the circumstances to terminate or avoid use of the property in the course of prohibited conduct.

NOTE: Adjusts subsection reference in (4) for renumbering; see sections 311 and 312 (amending 475A.110).

SECTION 311. ORS 475A.110 is amended to read:

475A.110. (1) A judgment of forfeiture shall recite the basis for the judgment.

[(1)] (2) If no financial institutions have filed the affidavit described in ORS 475A.075 (2)(b), and if the court has failed to uphold the claim or affidavit of any other claimant, the effect of the judgment shall be that:

(a) Title to the property shall pass to the forfeiting agency free of any interest or encumbrance thereon in favor of any person who has been given notice;

(b) The forfeiting agency may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by the state, by the departments and agencies of the state, and by any political subdivision. In the case of real property, the forfeiting agency shall warrant the title against constitutional defect. A warranty under this section is limited to the purchase price of the real property; and

(c) Any department, agency or officer of the state or any political subdivision whose official functions include the issuance of certificates or other evidence of title shall be immune from civil or criminal liability when such issuance is pursuant to a judgment of forfeiture.

[(2)] (3) If any affidavits are filed by financial institutions as provided in ORS 475A.075 (2)(b), or if any claimants file an appearance and claim as provided in ORS 475A.075 (2)(a) or an affidavit as provided in ORS 475A.075 (2)(c):

(a) The court shall foreclose all security interests, liens and vendor's interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and

(b) All other interests applicable to the property, which are not foreclosed or otherwise eliminated through a judgment and decree of foreclosure, shall, if and to the extent that they are valid and subsisting, remain in effect, and the property shall remain subject to those interests upon completion of the civil forfeiture proceeding.

[(3)] (4) Notwithstanding the provisions of this chapter or other law, if a financial institution or other person has filed an affidavit described in ORS 475A.075, or if the court has upheld the claim of any claimant, then as to each item of property seized:

(a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property shall be returned to the owner and all security interests, liens and other interests applicable to the property shall remain in effect as though the property had never been seized. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure.

(b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure and the court shall order the property sold pursuant to a sheriff's sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld, or of a financial institution that has filed the affidavit described in ORS 475A.075, the property shall be sold subject to those interests. The judgment shall also order the proceeds of such sale applied in the following order:

(A) To the payment of the costs of the sale;

(B) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and

(C) The excess, if any, to the owner of the property.

(c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure and the court shall order the property sold in a commercially reasonable manner at a sheriff's sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property shall be sold subject to the interest. The sale of the property shall be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale to be first applied to the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority and the excess, if any, to be awarded to the forfeiting agency for distribution as required by ORS 475A.120.

(d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall enter a judgment awarding the property to the forfeiting agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 475A.075 (2)(b), which shall remain in full force and effect.

[(4)] (5) The forfeiting agency shall not be liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution.

[(5)] (6) A copy of the judgment, including any judgment entered under the provisions of ORS 475A.055 (4), shall be sent by forfeiture counsel to the Asset Forfeiture Oversight Advisory Committee.

[(6)] (7) On entry of judgment for a claimant in any proceeding to forfeit property under this chapter, unless the court has foreclosed one or more security interests, liens or other interests covering the property, such property or interest in property shall be returned or conveyed immediately to the claimant designated by the court. The court, in the manner provided by ORCP 68, shall award costs, disbursements and attorney fees to the prevailing claimants and financial institutions, to be paid by the forfeiting agency.

[(7)] (8) Nothing contained in this section shall prevent a claimant or financial institution from obtaining any deficiency to which such claimant or financial institution would otherwise be entitled.

[(8)] (9) Nothing in this section or in ORS 475A.045 shall prevent a seizing agency from entering into an agreement with a claimant or other person for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of property or the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 to 87.162 that attached to the property between seizure of the property and release or civil forfeiture of the property.

NOTE: Restructures section to eliminate faulty lead-in.

SECTION 312. ORS 475A.110, as amended by section 12a, chapter 780, Oregon Laws 2001, is amended to read:

475A.110. (1) A judgment of forfeiture shall recite the basis for the judgment.

[(1)] (2) If no financial institutions have filed the affidavit described in ORS 475A.075 (2)(b), and if the court has failed to uphold the claim or affidavit of any other claimant, the effect of the judgment shall be that:

(a) Title to the property shall pass to the forfeiting agency free of any interest or encumbrance thereon in favor of any person who has been given notice;

(b) The forfeiting agency may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by the state, by the departments and agencies of the state, and by any political subdivision. In the case of real property, the forfeiting agency shall warrant the title against constitutional defect. A warranty under this section is limited to the purchase price of the real property; and

(c) Any department, agency or officer of the state or any political subdivision whose official functions include the issuance of certificates or other evidence of title shall be immune from civil or criminal liability when such issuance is pursuant to a judgment of forfeiture.

[(2)] (3) If any affidavits are filed by financial institutions as provided in ORS 475A.075 (2)(b), or if any claimants file an appearance, claim and bond as provided in ORS 475A.075 (2)(a) or an affidavit as provided in ORS 475A.075 (2)(c):

(a) The court shall foreclose all security interests, liens and vendor's interests of financial institutions and claimants as to which the court determines that there is a legal or equitable basis for foreclosure; and

(b) All other interests applicable to the property, which are not foreclosed or otherwise eliminated through a judgment and decree of foreclosure, shall, if and to the extent that they are valid and subsisting, remain in effect, and the property shall remain subject to them upon completion of the forfeiture proceeding.

[(3)] (4) Notwithstanding the provisions of this chapter or other law, if a financial institution or other person has filed an affidavit described in ORS 475A.075, or if the court has upheld the claim of any claimant, then as to each item of property seized:

(a) If the court has determined that the property should not be forfeited and has not foreclosed the security interests, liens or other interests covering the property, the court shall render judgment in favor of the owner of the property, the property shall be returned to the owner and all security interests, liens and other interests applicable to the property shall remain in effect as though the property had never been seized. Upon the return of the property to the owner, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure.

(b) If the court has determined that the property should not be forfeited and has foreclosed one or more interests covering the property, including security interests or liens covering the property or contracts for the transfer or conveyance of the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure and the court shall order the property sold pursuant to a sheriff's sale or other sale authorized by the court within such time as may be prescribed by the court following entry of the judgment. If any interests covering the property have not been foreclosed, including any liens or security interests of a claimant whose claim has been upheld, or of a financial institution that has filed the affidavit described in ORS 475A.075, the property shall be sold subject to those interests. The judgment shall also order the proceeds of such sale applied in the following order:

(A) To the payment of the costs of the sale;

(B) To the satisfaction of the foreclosed liens, security interests and contracts in order of their priority; and

(C) The excess, if any, to the owner of the property.

(c) If the court has determined that the property should be forfeited and has foreclosed one or more security interests, liens, contracts or other interests covering the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure and the court shall order the property sold pursuant to a sheriff's sale or other sale authorized by the court. If any interest in the property was claimed by a financial institution or other claimant and the interest was upheld but not foreclosed, the property shall be sold subject to the interest. The sale of the property shall be held within such time as may be prescribed by the court following entry of the judgment. The judgment shall also order the proceeds of such sale applied in the following order:

(A) To the payment of the costs of the sale;

(B) To the satisfaction of the foreclosed liens, security interests and contracts in the order of their priority; and

(C) The excess, if any, to the forfeiting agency to be disposed of as provided in ORS 475A.120.

(d) If the court has determined that the property should be forfeited and has not foreclosed the interests of any party in the property, the seizing agency shall pay all costs and expenses relating to towing and storage of the property and shall cause to be discharged any possessory chattel liens on the property arising under ORS 87.152 to 87.162 that have attached to the property since the seizure, and the court shall enter a judgment awarding the property to the forfeiting agency, subject to the interests of any claimants whose claims or affidavits were upheld by the court, and subject to the interests of any financial institutions that filed affidavits under ORS 475A.075 (2)(b), which shall remain in full force and effect.

[(4)] (5) The forfeiting agency shall not be liable to any person as a consequence of obedience to a judgment directing conveyance to a financial institution.

[(5)] (6) A copy of the judgment, including any judgment entered under the provisions of ORS 475A.055 (4), shall be sent by forfeiture counsel to the Asset Forfeiture Oversight Advisory Committee.

[(6)(a)] (7)(a) On entry of judgment for a claimant in any proceeding to forfeit property under this chapter, unless the court has foreclosed one or more security interests, liens or other interests covering the property, such property or interest in property shall be returned or conveyed immediately to the claimant designated by the court. The court, in the manner provided by ORCP 68, shall award costs, disbursements and attorney fees to the prevailing claimants and financial institutions, to be paid by the forfeiting agency.

(b) If it appears that there was reasonable suspicion that the property was subject to forfeiture, the court shall cause a finding to be entered, and no claimant or financial institution shall be entitled to damages, nor is the person who made the seizure, the seizing or forfeiting agency or forfeiture counsel liable to suit or judgment on account of such seizure or action. An order directing seizure issued under ORS 475A.035 (4) shall constitute a finding of reasonable suspicion that the property was subject to forfeiture.

[(7)] (8) Nothing contained in this section shall prevent a claimant or financial institution from obtaining any deficiency to which such claimant or financial institution would otherwise be entitled.

[(8)] (9) Nothing in this section or in ORS 475A.045 shall prevent a seizing agency from entering into an agreement with a claimant or other person for the reimbursement of the seizing agency for the costs and expenses relating to towing and storage of property or the cost of discharging any possessory chattel lien on the property arising under ORS 87.152 to 87.162 that attached to the property between seizure of the property and release or forfeiture of the property.

NOTE: Restructures section to eliminate faulty lead-in.

SECTION 313. ORS 477.200 is amended to read:

477.200. The provisions of the Northwest Wildland Fire Protection Agreement are as follows:

______________________________________________________________________________

ARTICLE I

The purpose of this agreement is to promote effective prevention, presuppression and control of forest fires in the northwest wildland region of the United States and adjacent areas of Canada by providing mutual aid in prevention, presuppression and control of wildland fires and by establishing procedures in operating plans that will facilitate such aid.

ARTICLE II

(1) This agreement shall become effective for those members ratifying it whenever any two or more members, the States of Oregon, Washington, Alaska, Idaho, Montana, the Yukon Territory, the Province of British Columbia or the Province of Alberta have ratified it, and when consented to by an Act of Congress of the United States.

(2) Any state, province or territory not listed in this Article which is contiguous to any member may become a party to this agreement subject to unanimous approval of the members.

ARTICLE III

(1) The role of the members is to determine from time to time such methods, practices, circumstances and conditions as may be found for enhancing the prevention, presuppression and control of forest fires in the area comprising the members' territory, to coordinate the plans and the work of the appropriate agencies of the members and to coordinate the rendering of aid by the members to each other in fighting wildland fires.

(2) The members may develop cooperative operating plans for the program covered by this agreement. Operating plans shall include definition of terms, fiscal procedures, personnel contracts, resources available and standards applicable to the program. Other sections may be added as necessary.

ARTICLE IV

A majority of members shall constitute a quorum for the transaction of its general business. Motions of members present shall be carried by a simple majority, except as stated in Article II. Each member shall have one vote on motions brought before [them] the members.

ARTICLE V

Whenever a member requests aid from any other member in controlling or preventing wildland fires, the member agrees, to the extent the member possibly can, to render all possible aid.

ARTICLE VI

(1) Whenever the forces of any member are aiding another member under this agreement, the employees of such members shall operate under the direction of the officers of the member to whom they are rendering aid and be considered agents of the member they are rendering aid to and, therefore, have the same privileges and immunities as comparable employees of the member to whom they are rendering aid.

(2) No member or its officers or employees rendering aid within another state, territory or province pursuant to this agreement shall be liable on account of any act or omission on the part of such forces while so engaged or on account of maintenance or use of any equipment or supplies in connection therewith to the extent authorized by the laws of the member receiving the assistance. The receiving member, to the extent authorized by the laws of the state, territory or province, agrees to indemnify and save harmless the assisting member from any such liability.

(3) Any member rendering outside aid pursuant to this agreement shall be reimbursed by the member receiving such aid for any loss or damage to, or expense incurred in the operation of, any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request in accordance with the provisions of Article V of this agreement. Nothing contained herein shall prevent any assisting member from assuming such loss, damage, expense or other cost from lending such equipment or from donating such services to the receiving member without charge or cost.

(4) For purposes of this agreement, personnel shall be considered employees of each sending member for the payment of compensation to injured employees and death benefits to the representatives of deceased employees injured or killed while rendering aid to another member pursuant to this agreement.

(5) The members shall formulate procedures for claims and reimbursement under the provisions of this Article.

ARTICLE VII

(1) When appropriations for support of this agreement or for the support of common services in executing this agreement are needed, costs will be allocated equally among the members.

(2) As necessary, members shall keep accurate books of account, showing in full the members' receipts and disbursements, and the books of account shall be open at any reasonable time to the inspection of representatives of the members.

(3) The members may accept any and all donations, gifts and grants of money, equipment, supplies, materials and services from the federal or any local government or any agency thereof and from any person, firm or corporation for any of its purposes and functions under this agreement and may receive and use the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

ARTICLE VIII

(1) Nothing in this agreement shall be construed to limit or restrict the powers of any member to provide for the prevention, control and extinguishment of wildland fires or to prohibit the enactment or enforcement of state, territorial or provincial laws, rules or regulations intended to aid in such prevention, control and extinguishment of wildland fires in such state, territory or province.

(2) Nothing in this agreement shall be construed to affect any existing or future cooperative agreement between members or their respective federal agencies.

ARTICLE IX

(1) The members may request the United States Forest Service to act as the coordinating agency of the Northwest Wildland Fire Protection Agreement in cooperation with the appropriate agencies of each member.

(2) The members will hold an annual meeting to review the terms of this agreement and any applicable operating plans and make necessary modifications.

(3) Amendments to this agreement can be made by simple majority vote of the members and will take effect immediately upon passage.

ARTICLE X

This agreement shall continue in force on each member until such member takes action to withdraw therefrom. Such action shall not be effective until 60 days after notice thereof has been sent to all other members.

ARTICLE XI

Nothing in this agreement shall obligate the funds of any member beyond those approved by appropriate legislative action.

______________________________________________________________________________

NOTE: Corrects grammar in Article IV of compact.

SECTION 314. ORS 477.210 is amended to read:

477.210. (1) During the season of the year when there is danger of fire, every owner of forestland shall provide adequate protection against the starting or spread of fire thereon or therefrom, which protection shall meet with the approval of the State Board of Forestry.

(2) Subsection (1) of this section is considered to have been complied with if, on January 1 of each year, the owner:

(a) Files with the forester a bona fide forest protection plan [which] that meets with the approval of the board[,]; or

(b) Is a member in good standing in a forest protective association maintaining a standard of protection approved by the board.

(3) The forester shall make periodic inspections of the protection facilities provided in order to ascertain compliance by the owner.

[(3)] (4) In case any owner of forestland shall fail or neglect to file such a fire plan or maintain the standard of protection approved by the board, either through compliance with the fire plan or membership in an approved association, then the forester under the direction of the board shall provide forest protection pursuant to ORS 477.205 to 477.281.

[(4)] (5) The forester shall provide protection pursuant to ORS 477.205 to 477.281 for forestland owned by the state or by a political subdivision located within a forest protection district, unless adequate protection as required by this section is otherwise provided.

NOTE: Conforms structure to legislative style; corrects grammar in (2)(a).

SECTION 315. ORS 477.315 is amended to read:

477.315. As used in ORS 477.315 to 477.325, “rangeland” means any land:

(1) That is located in that part of the state lying easterly of the summit of the Cascade Mountains; [and]

(2) That has not been classified as Class 1, Class 2 or Class 3 forestland under ORS 526.305 to 526.370; and

(3) That contains isolated tracts of forestland not so classified or not within a forest protection district, or that is primarily rangeland, undeveloped land or undeveloped area containing sagebrush, juniper and similar growths.

NOTE: Eliminates superfluous conjunction in (1).

SECTION 316. ORS 477.365 is amended to read:

477.365. (1) Under instructions from the forester as to their exercise of state authority, all wardens shall:

(a) Take proper steps for the prevention and extinguishment of fires within the localities in which they exercise their functions.

(b) Control the use of fire for clearing land during fire season, as provided by ORS 477.505 to 477.520.

(c) Make such reports of their work and conditions within their localities as may be requested by the forester.

(d) Have the power of peace officers to make arrests or issue citations pursuant to ORS 477.985 for violation of this chapter or rules or orders adopted pursuant thereto.

(e) Enter upon the lands of any owner only in the discharge of their fire prevention and suppression duties, provided that in so entering they exercise due care to avoid doing damage.

(f) Investigate the causes of fires and may secure a fire origin area, at any time, for the purpose of preserving evidence and conducting an investigation pertinent to this chapter and control, restrict or prohibit access by any unauthorized person so long as is reasonably necessary in the judgment of the warden.

(g) Make a written determination, on a form prescribed by the State Forester, of the personnel and equipment reasonably available to an owner or operator who is required to make every reasonable effort pursuant to ORS 477.120 (5) and [to] revise such determination as frequently as is necessary in the judgment of the warden.

(h) Make a written determination, on a form prescribed by the State Forester, of the use of any power-driven machinery in any operation pursuant to ORS 477.670 and [to] revise such determination as frequently as is necessary in the judgment of the warden.

(2) The forester, or any warden coming under the jurisdiction of the forester, may administer oaths in investigations of violations of this chapter and the preparation of reports thereon.

NOTE: Corrects syntax in (1)(g) and (h).

SECTION 317. ORS 477.580 is amended to read:

477.580. (1) Following the issuance of a permit pursuant to ORS 477.625, and after slashing has been created in an operation area inside or within one-eighth of one mile of a forest protection district, the forester may make a determination if such slashing and debris exists on the operation area in sufficient quantity and arrangement as to constitute an additional fire hazard that endangers life, forest resources or property, and if such area is in need of additional work or protection to reduce, abate or offset the additional fire hazard. Whenever practical, the forester shall make the determination referred to in this subsection during the administration and enforcement of the Oregon Forest Practices Act.

(2) If the forester determines that an additional fire hazard exists on the operation area sufficient to endanger life, forest resources or property, and that such area is in need of additional work or protection to reduce, abate or offset the additional fire hazard, the forester shall so notify the landowner and operator or their representatives in writing of such determination. Pursuant to rules promulgated by the State Forester, the notice to the landowner or operator shall contain provisions for offsetting the additional fire hazard by burning, improvements, extra protection or other means. The notice shall also specify a reasonable time for completion of the provisions contained therein.

(3) When the forester finds that the provisions set forth in subsection (2) of this section have been complied with or that the additional hazard has been, in the opinion of the forester, sufficiently reduced by other means to offset the hazard, the forester shall immediately issue to the operator or landowner a release from all obligations imposed by ORS 477.120 (2)(c).

(4) If the forester determines that an additional fire hazard exists, the forester shall, at the request of the owner or operator, with the approval of the owner, grant a release upon payment by the owner or operator of such sum of money as the forester finds necessary to provide additional protection or means necessary to reduce or offset the additional hazard created by such slashing and other debris. In no event may this sum exceed the lesser of:

(a) $6 for each 1,000 board feet of timber harvested in an operation; [or]

(b) The forester's estimated cost of reducing or providing other means to offset the additional hazard; or

(c) $10 for each acre in a stand improvement operation where no timber is harvested[, whichever amount is the lesser].

(5) Moneys received under [this] subsection (4) of this section shall be placed in the State Treasury, credited to the State Forestry Department Account and used exclusively for the purposes of forest protection within the district.

[(5)] (6) Any owner of forestland may make written request to the forester to assume all obligations for the disposal or reduction of any additional fire hazard determined to exist thereon. If the forester then determines that the owner can comply with such obligation, the forester shall immediately issue to all other persons involved a written release of such obligations.

[(6)] (7) Any order or determination made by the forester pursuant to this section is final unless modified or vacated in an appeal to the State Board of Forestry taken within 30 days after issuance of the order.

NOTE: Conforms structure of (4) to legislative style; adjusts internal reference in (5).

SECTION 318. ORS 477.880 is amended to read:

477.880. (1) An assessment for the cost of fire protection and suppression is levied upon the owners of all forestland [which] that has been classified under ORS 526.305 to 526.370[,] and that is protected from the start or spread of fire thereon or therefrom by:

(a) The forester under ORS 477.210 [(3)] (4), with the approval of the State Board of Forestry;

(b) The United States of America through contract or agreement with the forester or board;

(c) Any forest protective agency under contract or agreement with the forester or board pursuant to ORS 477.406; or

(d) Any forest protective agency, described in paragraph (c) of this subsection, under a contract or agreement with the United States of America wherein such agency agrees to protect specific federal forestlands, and in return, the United States of America agrees to protect specific lands of such agency.

(2) Except as otherwise provided in ORS 477.760, for each fiscal year the assessment levied per acre of ownership of forestland designated in subsection (1) of this section shall be:

(a) Six cents for all forestlands east of the summit of the Cascade Mountains and all forestlands which have been classified Class 3, agricultural class, under ORS 526.305 to 526.370; or

(b) Four cents for all forestlands not described in paragraph (a) of this subsection.

NOTE: Corrects grammar and punctuation in (1). Adjusts subsection reference in (1)(a) for renumbering; see section 314 (amending 477.210).

SECTION 319. ORS 479.140 is amended to read:

479.140. (1) The State Fire Marshal and deputies and assistants shall require teachers of public and private schools and educational institutions to have one fire drill each month and to keep all doors and exits unlocked during school hours.

(2) [After July 1, 1965,] All painting or finish applied to interior combustible surfaces, except floors and trim, of public and private school buildings and educational institutions shall be of a fire-retardant material meeting flame spread regulations for interior finish established by the State Fire Marshal pursuant to ORS 476.030.

NOTE: Deletes obsolete provision in (2).

SECTION 320. ORS 479.195 is amended to read:

479.195. (1) [After January 1, 1968,] All dance halls, clubs, amusement halls, auditoriums and every place of public assembly not having fixed seats and having a capacity of more than 100 persons shall post and keep posted a notice of the maximum number of persons allowed at any one time as established by regulations of the State Fire Marshal or by the approved authority when such public assemblies are located within the jurisdiction of a governmental subdivision granted the exemption provided by ORS 476.030 (3). All such capacity notices shall be on a form approved or provided by the State Fire Marshal and shall be securely fixed and posted in a conspicuous place so as to be readily visible to the occupants of such place of assembly.

(2) If the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided by ORS 476.030 (3), upon examination or inspection finds a building or other structure described in subsection (1) of this section, to be occupied by a number of persons in excess of the maximum number of persons allowed at any one time as set forth in the capacity notice, the State Fire Marshal, or deputies, assistants as defined in ORS 476.060, or the approved authority, as provided in ORS 476.030 (3), may close the building or other structure for use or occupancy until compliance has been made.

(3) The owner of any building or other structure closed under subsection (2) of this section shall have immediate access to the circuit court for the county in which the building or other structure is located for review of the order of exclusion or removal. Such access may be in the form of any appropriate judicial proceeding and shall be given priority over all other cases on the docket of the circuit court.

(4) The closure provided for in subsection (2) of this section shall not exclude any other remedies available to the State Fire Marshal, deputies, or approved authority, as provided by ORS 476.030 (3).

NOTE: Deletes obsolete provision in (1).

SECTION 321. ORS 479.540 is amended to read:

479.540. (1) Except as otherwise provided in this subsection, a person is not required to obtain a license to make an electrical installation on property that is owned by the person or a member of the person's immediate family if the property is not intended for sale, exchange, lease or rent. The following apply to the exemption established in this subsection:

(a) The exemption established for a person under this subsection does not exempt the work performed by the person from having to comply with the requirements for such work under ORS chapter 455 or this chapter and rules adopted thereunder.

(b) If the property is a building used as a residence and is for rent, lease, sale or exchange, this subsection establishes an exemption for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of the existing electrical installations on that property, but does not exempt new electrical installations or substantial alterations to existing electrical installations on that property. As used in this paragraph, “new electrical installations or substantial alterations” does not include the replacement of an existing garbage disposal, dishwasher or electric hot water heater with a similar appliance of 30 amps or less, single phase, by a landlord, landlord's agent or the employee of the landlord or landlord's agent.

(2) An electrical contractor license is not required in connection with an electrical installation:

(a) Of meters and similar devices for measuring electricity by a person principally engaged in the business of generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment.

(b) Of ignition or lighting systems for motor vehicles.

(c) To be made by a person on the person's property in connection with the person's business.

(d) To be made by a public utility, telecommunications carrier as defined in ORS 133.721 or municipality for generation, transmission or distribution of electricity on property which it owns or manages.

(3) A person whose sole business is generating or selling electricity in connection with the construction or maintenance of electrical lines, wires or equipment, is not required to obtain a license to transform, transmit or distribute electricity from its source to the service head of the premises to be supplied thereby.

(4)(a) A person is not required to obtain a license for the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority and the person doing the repair or replacement is a member of the housing authority's regular maintenance staff.

(b) A license is not required for:

(A) Temporary demonstrations;

(B) A street lighting system located on a public street or in a right of way if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems; or

(C) An outdoor transmission or distribution system, whether overhead or underground, if the system is similar to a system provided by a public utility and the installation or maintenance, or both, is performed by a qualified employee of a licensed electrical contractor principally engaged in the business of installing and maintaining such systems.

(c) For the purposes of this subsection, “qualified employee” means an employee who has registered with or graduated from a State of Oregon or federally approved apprenticeship course designed for the work being performed. The supervising electrician signature required under ORS 479.560 (1)(b) does not apply to contractors working under this subsection.

(5) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply:

(a) To electrical products owned by, supplied to or to be supplied to a public utility as defined in ORS 757.005 or telecommunications carrier as defined in ORS 133.721;

(b) To electrical installations made by or for such a public utility or telecommunications carrier where the electrical installations are an integral part of the equipment or electrical products of such utility; or

(c) To any electrical generation plant owned or operated by a municipality to the same extent as a public utility or telecommunications carrier under paragraphs (a) and (b) of this subsection.

(6) A permit is not required:

(a) For the repair or replacement of light fixtures, light switches, lighting ballast, electrical outlets or smoke alarms in a building used for housing purposes that is owned, leased, managed or operated by a housing authority; or

(b) For the repair, alteration or replacement of existing electrical products or electrical installations authorized by ORS 479.560 (3) at an industrial plant, a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board when the owner, operating manager or electrical contractor of the facility meets the provisions of ORS 479.630 (1) and (2) and:

(A) Obtains a master permit for inspection under ORS 479.560 (3); or

(B) Obtains a master individual inspection permit under ORS 479.565.

(7) In cases of emergency in industrial plants, a permit is not required in advance for electrical installation made by a person licensed as a general supervising electrician, a general journeyman electrician or an electrical apprentice under ORS 479.630 if an application accompanied by appropriate fee for a permit is submitted to the Department of Consumer and Business Services within five days after the commencement of such electrical work.

(8)(a) A license or permit is not required for the installation or assembly of industrial electrical equipment by the duly authorized agents of the factory, vendor or owner.

(b) The license and permit exemptions of this subsection do not apply to activity in an area where industrial electrical equipment is installed in or enters a hazardous location or penetrates or enters a fire rated assembly or plenum rated assembly.

(c) As used in this subsection:

(A) “Duly authorized agents” means individuals trained by the factory or a vendor or by experience and who are knowledgeable in the operation, maintenance, repair and installation of industrial electrical equipment.

(B) “Installation or assembly” means the reassembly at a job site of equipment that is wired and assembled at the factory and then disassembled for shipping purposes or of existing equipment that is relocated. “Installation or assembly” does not include work involving field fabricated assemblies or any other electrical product that is not an original part of the industrial electrical equipment. “Installation or assembly” does not include the connection of industrial electrical equipment to a power source.

(9) A person is not required to obtain a license or permit to set in place and connect a certified electrical product as long as the work performed is not an electrical installation as defined in ORS 479.530.

(10) The provisions of ORS 479.510 to 479.945 and 479.995 do not apply to electrical installations involving:

(a) Communication and signal systems of railroad companies.

(b) Telephone terminal equipment and communications systems including all grandfathered or registered telephone terminal equipment and communications systems identified in the Federal Communications Commission rules and regulations, Volume X, part 68, and all terminal equipment and communications systems that are utilized in conjunction with private line communications services.

(c) Remote and permanent broadcast systems of radio and television stations licensed by the Federal Communications Commission if the systems are not part of the building's permanent wiring.

(11)(a) The board may grant partial or complete exemptions by rule for any electrical product from any of the provisions of ORS 455.610 to 455.630 or 479.510 to 479.945 and 479.995 if the board determines that the electrical product does not present a danger to the health and safety of the people of this state.

(b) If the board grants an exemption pursuant to subsection (1) of this section, the board may determine that the product may be installed by a person not licensed under ORS 479.510 to 479.945 [and 479.995].

(12) ORS 479.760 does not apply to products described in this subsection that comply with the minimum electrical installation safety code. This subsection does not exempt any products used in locations determined to be hazardous in the electrical code of this state. The following apply to this subsection:

(a) Except as provided in paragraph (b) of this subsection, the exemption under this subsection applies to:

(A) Industrial electrical equipment that is factory wired using separately certified components and is custom-made, limited produced or outside the scope, as determined by the Director of the Department of Consumer and Business Services, of the standards and requirements of Underwriters Laboratories, Canadian Standards Association or American National Standards Institute as in effect on October 23, 1999.

(B) The rotating equipment portion of power generation equipment.

(C) Testing equipment used in a laboratory or hospital.

(D) Commercial electrical air conditioning equipment.

(E) Prefabricated work performed by an electrical contractor with licensed electrical personnel in the contractor's place of business for assembly on the job site if the work is composed of parts that are certified electrical products.

(b) Notwithstanding paragraph (a) of this subsection, the board may require any of the products described in paragraph (a) of this subsection to be subject to the certification requirements under ORS 479.760 if the board determines that the product or class of products has presented a fire or life safety hazard in use. A determination under this paragraph shall be effective as to any such product or class of products sold or offered for sale after the date of the determination becomes final. The board may reinstate any exemption removed under this paragraph if the board determines that the reasons for the removal of the exemption have been corrected.

(13) ORS 479.760 does not apply to electrical equipment that has been in use for one year or more and that is offered for sale.

(14) A person who holds a limited maintenance specialty contractor license or a limited pump installation specialty contractor license issued under ORS 479.510 to 479.945 [and 479.995] or a person who is the employee of such license holder and who is listed with the board as an employee is not required to have a journeyman license or supervising electrician's license to perform work authorized under the person's license.

(15) A person is not required to obtain a permit for work on, alterations to or replacement of parts of electrical installations as necessary for maintenance of existing electrical installations on residential property owned by the person or by a member of the person's immediate family. This subsection does not establish an exemption for new electrical installations or substantial alterations to existing electrical installations.

(16) A permit is not required for those minor electrical installations for which the board has authorized an installation label.

(17) A residential home, as defined in ORS 443.580, and an adult foster home, as defined in ORS 443.705, is not a multifamily dwelling and only electrical installation standards and safety requirements applicable to single family dwellings apply to such homes.

(18) The permit requirements of ORS 479.550 and the license requirements of ORS 479.620 do not apply to cable television installations.

(19) The provisions of any electrical products code or rule adopted pursuant to ORS 479.510 to 479.945 and 479.995 apply to cable and such products installed as part of a cable television installation.

(20) As used in this section, “smoke alarm” shall have the meaning given that term under ORS 479.250.

NOTE: Deletes inappropriate references to penalty section in (11)(b) and (14).

SECTION 322. ORS 479.545 is amended to read:

479.545. (1) Except as provided in subsection (2) of this section, no person is exempted by ORS 479.540 from the requirements under ORS 479.510 to 479.945 [and 479.995] to have a license to make electrical installations solely on the basis the person is employed by an agency of this state.

(2) Any person issued a letter of authority under ORS 479.545 (1985 Replacement Part) may continue to make electrical installations under ORS 479.510 to 479.945 [and 479.995] on property owned or controlled by an agency of the state.

NOTE: Deletes inappropriate references to penalty section.

SECTION 323. ORS 479.560 is amended to read:

479.560. (1) The Department of Consumer and Business Services or a designated agent shall issue a permit to:

(a) Any applicant who has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder, covering an electrical installation to be made on the applicant's own property as allowed under ORS 479.540 (1).

(b) A licensed electrical contractor or an agent the contractor has designated to the department or the department's designated agent in a record signed by the electrical contractor. The department or department's designated agent shall only issue a permit under this subsection if the application for the permit is accompanied by a signed statement that the electrical contractor's general supervising electrician of record will sign the permit before an inspection of the electrical work is requested. A contractor or the contractor's general supervisor will promptly request an inspection of electrical work performed under a permit issued under this subsection. A permit issued under this subsection shall state the name of the electrical contractor.

(2) A permit issued to an electrical contractor upon the request of the contractor's supervising electrician is void upon the end of the employment of such supervising electrician before completion of the electrical installation.

(3) Except for the installation or alteration of an electrical service, the owner, operating manager or electrical contractor of an industrial plant who meets the provisions of ORS 479.630 (1) and (2), a commercial office building, a building that is owned, leased, managed or operated by the state or a local government entity or other facilities designated by the Electrical and Elevator Board, in lieu of the required inspection permit, may apply to the department or municipality providing inspection service for a master electrical inspection permit. Under the permit the authority having jurisdiction shall cause a periodic inspection to be made of the electrical installations. The authority may also cause a cover inspection, which shall be made before electrical installations are covered. The periodic inspection under the permit shall be done at least once a year or more frequently based on the needs of the particular plant, building or facility. The department shall adopt rules in accordance with ORS 183.310 to 183.550 for:

(a) The annual issuance of the master electrical inspection permit;

(b) The conduct of the inspections on the electrical installations and electrical products;

(c) The granting of a waiver of payment of permit fees other than for the master electrical inspection permit; and

(d) The fixing and collecting of inspection fees at the cost of making the inspection according to the time required of the inspector.

NOTE: Deletes inappropriate reference to penalty section in (1)(a).

SECTION 324. ORS 479.570 is amended to read:

479.570. (1) Except as provided in subsection (2) of this section, a person who sells electricity shall not energize an electrical installation unless the installation is first approved by an inspector authorized to perform inspections under ORS 479.510 to 479.945 [and 479.995].

(2) Subsection (1) of this section does not apply to:

(a) An installation for which a written request to energize has been made by a licensed supervising electrician qualified pursuant to ORS 479.630 (2) and to which the appropriate electrical permit has been attached;

(b) A temporary installation of less than 480 volts made to provide service to a construction site or irrigation pump if the installation is properly grounded and the appropriate electrical permit is attached thereto;

(c) An installation within a plant or system of a person who sells electricity. As used in this paragraph, “person who sells electricity” does not include small power production facilities as defined in ORS 758.500 (1981 Replacement Part); or

(d) A minor electrical installation for which a valid installation label has been issued.

(3) Electrical installations energized without inspection pursuant to subsection (2)(a) and (b) of this section must receive final inspection as required by ORS 479.510 to 479.945 [and 479.995].

NOTE: Deletes inappropriate references to penalty section in (1) and (3).

SECTION 325. ORS 479.610 is amended to read:

479.610. Except as provided under ORS 479.540, no person shall sell or dispose of by gift or otherwise in connection with the person's business an electrical product that is not certified or evaluated under the requirements of ORS 479.510 to 479.945 [and 479.995].

NOTE: Deletes inappropriate reference to penalty section.

SECTION 326. ORS 479.630 is amended to read:

479.630. Upon payment of applicable examination and license fees required under ORS 479.840, the Department of Consumer and Business Services shall issue:

(1) An electrical contractor's license to a person engaging in or carrying on a business of making electrical installations who has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder.

(2) A general supervising electrician's license to a person who:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(b) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) Submits proof satisfactory to the Electrical and Elevator Board that the person has had at least four years of experience as a general journeyman electrician or its equivalent, as determined by the board by rule, in installing, maintaining and repairing electrical wires and equipment.

(3) A limited supervising electrician's license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to supervise the class of electrical work included in the branch of the electrical trade and for which the person has passed the examination administered by the department. A person qualifies under this subsection if the person:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(b) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) Submits proof satisfactory to the board that the person has had at least four years of specialized experience in a recognized branch of the electrical trade on the journeyman level.

(4) A general journeyman electrician's license to a person who:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(b) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) Submits proof satisfactory to the board that:

(A) The person has had at least four years of general experience as an apprentice or its equivalent, as determined by the board by rule, in installing, maintaining and repairing electrical wires and equipment, including not fewer than 1,000 hours in wiring on single or multifamily dwelling units; or

(B) If the person is licensed as a limited residential electrician under subsection (14) of this section, subsequent to receiving that license, the person has worked for at least two years as a limited residential electrician and subsequent to those two years has completed an additional two years' experience as an apprentice or its equivalent, as determined by the board by rule, for that period of apprenticeship time worked exclusively in installing, maintaining and repairing electrical wires and equipment in the commercial and industrial branches of the electrical trade under the supervision of a licensed electrical contractor.

(5) A limited journeyman electrician's license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to perform the class of electrical work included in the branch of the electrical trade for which the person has passed the examination administered by the department. A person qualifies under this subsection if the person:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(b) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department; and

(c) Submits proof satisfactory to the board that the person has had at least four years of specialized experience as an apprentice or its equivalent, as determined by the board by rule, in a recognized branch of the electrical trade.

(6) A limited elevator journeyman license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to install, maintain and repair elevators, including all electrical and mechanical systems. A person qualifies under this subsection if the person has completed an elevator apprenticeship program, including both electrical and mechanical training components, approved by the Electrical and Elevator Board by rule and the person submits an application for licensure to the board in writing. A person issued a license under this subsection is exempt from continuing education requirements established under ORS 479.650 and 479.680.

(7) An electrical apprentice's license to a person who:

(a) Has complied with ORS chapter 660 as an electrical apprentice; and

(b) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder.

(8) An electrical apprentice's license to a trainee toward a limited residential electrician's license who:

(a) Has complied with ORS chapter 660 as an electrical apprentice; and

(b) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder.

(9) An electrical apprentice's license to a trainee toward a limited journeyman's license in a recognized branch of the electrical trade who is employed by an employer who also:

(a) Employs a holder of either a general journeyman electrician's license or a limited journeyman electrician's license; and

(b) Conducts an electrical training program in a recognized branch of the electrical trade approved by the Electrical and Elevator Board as being a training program that will adequately prepare the trainee for the limited journeyman's license providing that the trainee has complied with ORS 479.510 to 479.860 and the rules issued thereunder.

(10) A limited maintenance electrician's license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to maintain, repair and replace electrical installations, including electrical components, required on the premises of industrial plants, commercial office buildings, buildings occupied by the state or a local government entity or facilities designated by the Electrical and Elevator Board. The following apply to this subsection:

(a) A person qualifies under this subsection if the person:

(A) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(B) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department on repair, replacement and maintenance of equipment of the type and nature normally used in an industrial plant, commercial office building or government building and on the use of testing equipment; and

(C)(i) Completes a two-year training program approved by the board that provides for training and supervision of the trainee or apprentice; or

(ii) Submits proof satisfactory to the board that the person has had sufficient experience and related educational training in the repair, replacement and maintenance of electrical wiring and equipment of the type and nature used in an industrial plant, commercial office building or government building, as determined by the board or by an appropriate local apprenticeship committee recognized by the State Apprenticeship and Training Council.

(b) [A worker or applicant for license under this subsection is not in violation of this chapter by reason of electrical maintenance, replacement and repair work performed during the period of required experience whenever required prior to August 9, 1961.] An annual inspection of the premises upon which electrical work is performed by persons licensed under this subsection shall be made by the electrical inspector for an annual fee determined by the board by rule, based upon the time required for the inspection, payable to the department.

(c) A person licensed under this subsection may be employed directly by the owner, or owner's agent, of any government building or commercial office building. A building owner or owner's agent need not be licensed under this section to supervise a limited maintenance electrician.

(d) The Department of Consumer and Business Services, in consultation with the appropriate board, shall adopt rules defining government buildings and commercial office buildings subject to this subsection.

(11) A limited building maintenance electrician's license to a person who qualifies under this subsection. The following apply to this subsection:

(a) A person licensed under this subsection is authorized to maintain, repair and replace the following electrical installations required on the premises of commercial office buildings, buildings occupied by the state or a local government entity or facilities designated by the board in electrical systems not exceeding 300 volts to ground:

(A) Electrical appliances;

(B) Light switches;

(C) Light fixtures;

(D) Fans;

(E) Receptacles; and

(F) Fluorescent ballasts.

(b) A person qualifies under this subsection if the person:

(A) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder;

(B) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department on maintenance, repair and replacement of equipment of the type and nature normally used in a commercial office building or government building and on the use of testing equipment; and

(C) Submits proof satisfactory to the board that the person has:

(i) Had sufficient experience in the maintenance, repair and replacement of electrical wiring and equipment of the type and nature normally used in a commercial office building or government building; or

(ii) Completed a one-year training course, with classroom and on-the-job training components approved by the board, on the maintenance, repair and replacement of electrical wiring and equipment of the type and nature normally used in a commercial office building or government building.

(c) An annual inspection of the premises upon which electrical work is performed by persons licensed under this subsection shall be made by the electrical inspector for an annual fee determined by the board by rule, based upon the time required for the inspection, payable to the department, or the inspection shall be performed under an electrical master permit program.

(d) Building owners may perform work regulated by this subsection and for which a license is required under this subsection without obtaining a license.

(e) A person who owns more than 50 percent of a corporation that controls a building is a building owner.

(f) A person licensed under this subsection may be employed by the owner of a commercial office building or the owner's agent. A building owner or owner's agent need not be licensed under this section to supervise a limited building maintenance electrician.

(12) A limited maintenance specialty contractor license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to engage in the electrical work related to the repair, service, maintenance, installation or replacement of existing, built-in or permanently connected appliances, fluorescent ballasts or similar equipment and to employ individuals to engage in that work. Nothing in this subsection allows the installation of appliances, ballasts or other equipment if there is no existing installation of similar equipment. A person qualifies under this subsection if the person submits:

(a) Proof satisfactory to the board that the person has had sufficient experience in the type of work permitted under the license issued under this subsection; and

(b) Maintains with the board a current list of all individuals employed by the person to engage in work permitted under this subsection.

(13) A limited pump installation specialty contractor license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to engage in electrical work related to the testing, repair, service, maintenance, installation or replacement of new or existing pump equipment for potable or irrigation water systems, sump pumps, effluent pumps and ground water pumps on residential and agricultural property, to employ individuals to engage in such work. A person qualifies under this subsection if the person submits:

(a) Proof satisfactory to the board that the person has had sufficient experience in the type of work permitted under the license issued under this subsection; and

(b) Maintains with the board a current list of all individuals employed by the person to engage in work permitted under this subsection.

(14) A limited residential electrician's license to a person who qualifies under this subsection. A person licensed under this subsection is authorized to perform the class of electrical work included in the branch of the electrical trade for which the person has passed the examination administered by the department and approved by the board. However, a person licensed under this subsection shall perform the electrical work allowed by the license only on single and multifamily dwelling units not exceeding three floors above grade. For purposes of this subsection, the first floor of a building is the floor that is designed for human habitation and that has 50 percent or more of its perimeter level with or above finished grade of the exterior wall line. A person qualifies under this subsection if the person:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and rules issued under those sections;

(b) Has received the same number of hours of electrical safety training as required by rule for an electrical apprentice or its equivalent and who has received training in electrical theory;

(c) Submits documented proof to the board of at least two years of apprenticeship or trainee experience in residential wiring of single and multifamily dwelling units or its equivalent, as determined by the board by rule; and

(d) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department.

(15) A Class I or Class II oil module electrician's license to a person who:

(a) Has complied with ORS 479.510 to 479.945 [and 479.995] and the rules adopted pursuant thereto; and

(b) Passes a written examination prepared by the Electrical and Elevator Board and administered by the department.

(16) A limited renewable energy contractor license to a person who:

(a) Employs at least one full-time renewable energy technician; and

(b) Does not engage in electrical work other than work that may be performed by a limited renewable energy technician. A limited renewable energy contractor may not make, direct, supervise or control the making of an electrical installation unless the contractor is licensed for that activity.

(17) A limited renewable energy technician license to a person who qualifies under this subsection. A person qualifies for licensing as a limited renewable energy technician if the person completes a two-year apprenticeship program and passes an examination approved by the board. A person licensed under this subsection may, while in the employ of a licensed electrical contractor or a limited renewable energy contractor:

(a) Install, maintain, replace or repair electrical wiring and electrical products that convey or operate on renewable electrical energy not exceeding 25 kilowatts AC; and

(b) Make electrical installations not exceeding 25 kilowatts AC:

(A) On devices using renewable energy involving wind, solar energy systems, micro-hydroelectricity, photovoltaic systems or fuel cells.

(B) Up to the load side of an inverter.

(C) To connect generators that are sized to facilitate the inverter in an off-grid system.

(18) Notwithstanding any other provision of this chapter, the board may not administer an examination nor shall the department issue any license to a person whose practical experience qualification for the license is based upon training or experience in another state if the board determines that the training or experience is not equivalent to the standards for electrical training programs prescribed in this state.

NOTE: Deletes inappropriate references to penalty section in (1), (2)(a), (3)(a), (4)(a), (5)(a), (7)(b), (8)(b), (10)(a)(A), (11)(b)(A), (14)(a) and (15)(a); expunges obsolete provision in (10)(b).

SECTION 327. ORS 479.640 is amended to read:

479.640. (1) All licenses issued under ORS 479.510 to 479.945 [and 479.995] shall bear the date of issuance.

(2) All electrical contractor, limited energy contractor, limited sign contractor, pump specialty contractor, elevator contractor and limited maintenance specialty contractor licenses issued under ORS 479.510 to 479.945 [and 479.995] shall expire on October 1 of each year.

(3) All other licenses issued under ORS 479.510 to 479.945 [and 479.995] shall expire on October 1 no later than three years after the date of issuance.

NOTE: Deletes inappropriate references to penalty section.

SECTION 328. ORS 479.650 is amended to read:

479.650. (1) The holder of a license is entitled to renewal of the license upon its expiration if the person:

(a) Pays the fee required by ORS 479.840;

(b) Complies with ORS 479.510 to 479.945 [and 479.995] and the rules issued thereunder; and

(c) Complies with any requirement for continuing education established by the Electrical and Elevator Board by rule.

(2) The Department of Consumer and Business Services shall issue a renewal notice by regular mail, no later than August 15, to each person whose license expires on October 1 of that year.

(3) After October 1, but not later than October 15, the department shall issue a second notice of renewal by registered or certified mail to each person whose license expired on October 1 of that year and has not been renewed.

(4) On or about December 1, the department shall issue a third notice of renewal by regular mail to each person whose license expired on October 1 of that year and has not been renewed.

(5) The renewal notices required by subsections (2) to (4) of this section shall advise the licensee of the provisions of subsections (6) and (7) of this section.

(6) A person who renews an electrical license after October 1 and on or before December 31 of the year in which the license expires shall pay twice the amount of the regular license fee required by ORS 479.840.

(7) If a person fails to renew a license by December 31 of the year in which the license expires or otherwise fails to qualify for renewal of a license under this section, the person may only receive a license if the person makes application for, qualifies for and is issued a license in the same manner as a person who has not been previously licensed.

NOTE: Deletes inappropriate reference to penalty section in (1)(b).

SECTION 329. ORS 479.660 is amended to read:

479.660. The Electrical and Elevator Board shall revoke the license of any licensee who does not meet the minimum qualifications prescribed by ORS 479.510 to 479.945 [and 479.995] for that license. Subject to ORS 183.430, the board may summarily suspend or cancel any license issued under ORS 479.510 to 479.945 [and 479.995] if the person in whose name it was issued:

(1) Deliberately falsifies the application for the license.

(2) Allows the person to be held out falsely as the person directing, supervising or making an electrical installation.

(3) Establishes a pattern of conduct that willfully or negligently violates any provision of ORS 479.510 to 479.945 [and 479.995] or any rule issued thereunder.

(4) Serves as a supervising electrician for more than one employer.

(5) Persistently fails promptly to notify the Department of Consumer and Business Services of the location of installations for which permits were issued on the person's representation that such notice would be promptly given upon completion of the installations.

(6) As an electrical contractor, employs or causes to be employed under the person's license, any person to make electrical installations for which the person does not have such licenses for the installations as are required by ORS 479.510 to 479.945 [and 479.995].

(7) As an electrical contractor, fails to obtain permits or arrange for inspections required by ORS 479.510 to 479.945 [and 479.995].

NOTE: Deletes inappropriate references to penalty section in lead-in, (3), (6) and (7).

SECTION 330. ORS 479.820 is amended to read:

479.820. (1) The Department of Consumer and Business Services shall:

(a) Check the authenticity, appropriateness and expiration dates of licenses issued under ORS 479.510 to 479.945 [and 479.995].

(b) Inspect electrical installations and products for which a permit or license is required by ORS 479.510 to 479.945 [and 479.995].

(c) Inspect permits attached to electrical installations or products for which a permit is required by ORS 479.510 to 479.945 [and 479.995].

(2) If the department finds that the electrical installation or product fails to comply with minimum safety standards, it may disconnect or order the disconnection of service thereto.

(3) If the department finds that the condition of an electrical installation or product constitutes an immediate hazard to life or property, it may cut or disconnect any wire necessary to remove such hazard.

(4) Upon written request of appropriate municipal personnel, the department may make inspections of electrical installations and products within cities and counties. Such inspections shall be made at cost, in accordance with local municipal ordinances, payable on a monthly basis.

(5) For the purpose of discharging any duty imposed by ORS 479.510 to 479.945 and 479.995 or exercising authority conferred hereby the department may enter, during reasonable hours, any building, enclosure, or upon any premises where electrical work is in progress, where an electrical installation has been made or where electrical equipment or products may be located.

(6) No person shall obstruct or interfere with the department in performance of any of its duties or the exercise of any authority conferred under this section.

NOTE: Deletes inappropriate references to penalty section in (1).

SECTION 331. ORS 479.840, as amended by section 2, chapter 728, Oregon Laws 2001, is amended to read:

479.840. (1) Upon receipt of the following fee, the Department of Consumer and Business Services shall issue or renew a license or permit applied for under ORS 479.510 to 479.945 [and 479.995]:

[(1)] (a) $125 for an electrical contractor license for each place of business operated by the applicant.

[(2)] (b) $125 for a limited energy contractor or limited sign contractor license.

[(3)] (c) $25 for a pump specialty contractor or limited maintenance specialty contractor license.

[(4)] (d) $150 for an elevator contractor license.

[(5)] (e) $100 for a license for a:

[(a)] (A) General journeyman electrician;

[(b)] (B) General supervising electrician;

[(c)] (C) Limited supervising industrial electrician;

[(d)] (D) Limited supervising manufacturing plant electrician;

[(e)] (E) Limited journeyman industrial electrician;

[(f)] (F) Limited maintenance industrial electrician;

[(g)] (G) Limited maintenance manufactured dwelling or recreational vehicle electrician;

[(h)] (H) Limited journeyman manufacturing plant electrician; or

[(i)] (I) Limited journeyman railroad electrician.

[(6)] (f) $50 for a license for a:

[(a)] (A) Limited elevator journeyman;

[(b)] (B) Class A or Class B limited energy technician;

[(c)] (C) Limited journeyman sign electrician;

[(d)] (D) Limited journeyman sign service electrician;

[(e)] (E) Limited journeyman stage electrician; [and] or

[(f)] (F) Limited building maintenance electrician.

[(7) The Electrical and Elevator Board shall set uniform permit fees, by rule, not to exceed the cost of administration.]

[(8)] (g) $10 for the right to take the written qualifying examination.

(2) The Electrical and Elevator Board shall set uniform permit fees, by rule, not to exceed the cost of administration.

[(9)] (3) The fees provided for in this section do not apply to persons paying inspection fees under the terms of ORS 479.560 (3) or 479.630 (10).

[(10)] (4) Each electrical contractor may furnish to the department a corporate surety bond to be approved by the department, an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or a cash bond under procedures approved by the department, in the sum of $2,000 guaranteeing the payment of all fees provided for under ORS 479.510 to 479.945 [and 479.995]. Before commencing any electrical job an electrical contractor who has a current bond or letter of credit under this subsection may apply to the department for a working permit which shall cost an amount established by the department by rule. The working permit shall authorize the electrical contractor to commence work. The total of all fees due for permits for each job, and the time such fees are payable, shall be determined by the department by administrative rule under ORS 479.730. The contractor shall keep the bond or letter of credit in force at all times. Any cancellation or revocation of the bond or letter of credit shall revoke and suspend the license issued to the principal until such time as a new bond or letter of credit shall be filed and approved. The department may bring an action against the surety named in the bond or the letter of credit issuer with or without joining in such action the principal named in the bond or letter of credit.

NOTE: Restructures section to correct lead-in problem; deletes inappropriate references to penalty section in (1) and (4); corrects conjunction choice in (1)(f)(E).

SECTION 332. ORS 479.910, as amended by section 5, chapter 728, Oregon Laws 2001, is amended to read:

479.910. (1) Upon payment of an examination and license or renewal fee, the Department of Consumer and Business Services shall issue a Class B limited energy technician license to a person who qualifies under ORS 479.915. A person licensed under this section may perform limited energy electrical activity except protective signaling as defined in ORS 479.905.

(2) A person licensed under this section shall comply with the permit and code compliance requirements under ORS 479.510 to 479.945 [and 479.995].

(3) The examination and license fee, and the renewal fee, for a Class B limited energy technician license are the same as those for a Class A limited energy technician license.

(4) The Electrical and Elevator Board shall establish continuing education requirements for persons licensed under this section, not to exceed 24 hours of classes every three years.

NOTE: Deletes inappropriate reference to penalty section in (2).

SECTION 333. ORS 479.940, as amended by section 7, chapter 728, Oregon Laws 2001, is amended to read:

479.940. (1) The licensure provisions of ORS 479.510 to 479.945 [and 479.995] do not apply to the following activity on Class II and III systems in one and two family dwellings:

(a) Prewiring of cable television and telephone systems owned by the owner of the residence;

(b) Garage door openers;

(c) Vacuum systems;

(d) Audio and stereo systems;

(e) HVAC;

(f) Landscape sprinkler controls;

(g) Landscape lighting; and

(h) Doorbells.

(2) The provisions of subsection (1) of this section apply only to persons or businesses licensed and in good standing with the Construction Contractors Board.

(3)(a) The licensure provisions of ORS 479.510 to 479.945 [and 479.995] do not apply to limited energy electrical activity involving landscape irrigation control wiring and outdoor landscape lighting installed by a business licensed under ORS 671.510 to 671.710.

(b) A business exempt from licensing under this section shall issue an identification card to its landscape irrigation control wiring or outdoor landscape lighting installer. The form for the identification card shall be provided by the State Landscape Contractors Board. The identification card shall include the name of the installer, the name and State Landscape Contractors Board identification number of the landscaping business and the date of issue of the identification card. The card shall be carried by the installer at the job site when performing the allowed electric installations.

(4) The licensure provisions of ORS 479.510 to 479.945 [and 479.995] do not apply to limited energy electrical activity involving the installation, maintenance or repair of lottery equipment at retail locations by employees or vendors of the Oregon State Lottery Commission. The exemption provided by this subsection does not authorize work by unlicensed persons on systems of 115 volts or more.

(5) All nonlicensure requirements of ORS 479.510 to 479.945 [and 479.995], including permits for and compliance with the electrical specialty code, apply to activities conducted under subsections (1) to (4) of this section. If any person or business repeatedly violates the permit or code compliance requirements, in addition to any other remedy, the Electrical and Elevator Board may suspend, condition or revoke a person's or business's right to use this provision.

NOTE: Deletes inappropriate references to penalty section in (1), (3)(a), (4) and (5).

SECTION 334. ORS 479.945, as amended by section 8, chapter 728, Oregon Laws 2001, is amended to read:

479.945. (1) A restricted energy contractor's license is created for persons engaged in HVAC and such other categories as established by the Electrical and Elevator Board by rule[:].

[(1)] (2) A person licensed as a restricted energy contractor under this section and the person's employees may install, alter, maintain, replace or repair electrical wiring and electrical products that are within the scope of the contractor's license issued under this section. A person covered by this subsection does not have to obtain a license under ORS 479.910.

[(2)] (3) The license issued under this section shall limit the scope of activities that the licensee and licensee's employees may engage in and in no instance may the scope of the license exceed that of a Class B limited energy technician.

[(3)] (4) An applicant for licensing under this section shall provide proof satisfactory to the board that the person has experience of the type of work covered by the license indorsement and shall pay the fees required by ORS 479.840 [(2)] (1)(b) for a limited energy contractor.

[(4)] (5) A restricted energy contractor licensee under this section shall:

(a) Maintain with the board a current list of all individuals employed by the licensee to engage in work permitted by this section;

(b) Issue an identification card to each employee working under the provisions of this section and identify the contractor, date of issue, contractor's identification number with the board and the Construction Contractors Board; and

(c) Maintain with the board a current form of identification card used by the contractor.

[(5)] (6) A person holding a limited maintenance specialty contractor's license under ORS 479.630 (12) who also registers under this section shall comply with the identification card requirements of subsection [(4)] (5) of this section, but need not file a separate list of employees unless the work under the contractor's license is done by different employees.

[(6)] (7) If any restricted energy contractor repeatedly violates the requirements of this section, the board may, in addition to any other remedies, suspend, revoke or condition the contractor's license.

NOTE: Restructures section to correct lead-in problem. Adjusts subsection reference for renumbering in (4); see section 331 (amending 479.840). Adjusts internal reference for renumbering in (6).

SECTION 335. ORS 479.995 is amended to read:

479.995. The Electrical and Elevator Board may impose a civil penalty for a violation of ORS 479.510 to 479.945 [and this section] or rules adopted for the administration or enforcement of ORS 479.510 to 479.945 and this section. The board shall impose a civil penalty authorized by this section as provided in ORS 455.895.

NOTE: Deletes inappropriate reflexive reference to penalty section.

SECTION 336. ORS 496.610 is amended to read:

496.610. (1) The Department of State Police shall employ a sufficient number of state police to enforce the wildlife laws.

(2) The services and expenses of the Department of State Police incurred in the enforcement of the wildlife laws shall be paid from the State Wildlife Fund.

(3) The Superintendent of State Police may appoint special enforcement officers authorized to enforce the wildlife laws. Individuals so appointed must be special agents of the United States Fish and Wildlife Service or the National Marine [Fishery] Fisheries Service, and shall serve at the pleasure of the superintendent without additional compensation. Each such special enforcement officer shall have all powers and authority of a peace officer of this state in serving warrants, subpoenas and other legal process in enforcement of the wildlife laws.

NOTE: Corrects title of federal agency in (3).

SECTION 337. ORS 506.006 is amended to read:

506.006. As used in the commercial fishing laws, unless the context requires otherwise:

(1) “Angling” means fishing for personal use with one line attached to a pole held in hand while landing the fish, or with a hand-operated line without rod or reel, to which may be attached not to exceed three hooks, except on floating bass plugs.

(2) “Boat” means any vessel, any floating craft, powered, towed, rowed or otherwise propelled which is used for landing or taking food fish.

(3) “Buy” includes offer to buy, barter, exchange or trade.

(4) “Commercial purposes” means taking food fish with any gear unlawful for angling, or taking or possessing food fish in excess of the limits permitted for personal use, or taking, fishing for, handling, processing, or otherwise disposing of or dealing in food fish with the intent of disposing of such food fish or parts thereof for profit, or by sale, barter or trade, in commercial channels.

(5) “Commission” means the State Fish and Wildlife Commission created by ORS 496.090.

[(6) “Fishing gear” means any appliance or device intended for or capable of being used to take food fish except by angling.]

[(7)] (6) “Department” means the State Department of Fish and Wildlife.

[(8)] (7) “Director” means the State Fish and Wildlife Director appointed pursuant to ORS 496.112.

(8) “Fishing gear” means any appliance or device intended for or capable of being used to take food fish except by angling.

(9) “Fixed fishing gear” includes but is not limited to stationary gear operated at a fixed location.

(10) “Personal use” means taking or fishing for food fish by angling or by such other means and with such gear as the commission may authorize for fishing for personal use, or possessing the same for the use of the person fishing for, taking or possessing the same and not for sale or barter.

(11) “Sell” includes offer or possess for sale, barter, exchange or trade.

(12) “Take” means fish for, hunt, pursue, catch, capture or kill or attempt to fish for, hunt, pursue, catch, capture or kill.

(13) “Transport” means transport by any means, and includes offer or receive for transportation.

(14) “Waters of this state” means all waters over which the State of Oregon has jurisdiction, or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, lakes, rivers and streams within or forming the boundaries of this state.

NOTE: Alphabetizes definitions.

SECTION 338. ORS 506.511 is amended to read:

506.511. (1) The Department of State Police shall employ a sufficient number of state police to perform the duties required in the enforcement of criminal provisions of the commercial fishing laws.

(2) The Superintendent of State Police may appoint special enforcement officers authorized to enforce the commercial fishing laws. Individuals so appointed must be special agents of the United States Fish and Wildlife Service or the National Marine [Fishery] Fisheries Service, and shall serve at the pleasure of the superintendent without additional compensation. Each such special enforcement officer shall have all powers and authority of a peace officer of this state in serving warrants, subpoenas and other legal process in enforcement of the commercial fishing laws.

NOTE: Corrects title of federal agency in (2).

SECTION 339. ORS 517.090 is amended to read:

517.090. All conveyances of mining claims or of interests therein, either quartz or placer, whether patented or unpatented, are subject to the provisions governing transfers and mortgages of other realty as to execution, recordation, foreclosure, execution sale and redemption[; but]. However, such redemption by the judgment debtor must take place within 60 days from date of confirmation, or such right is lost.

NOTE: Corrects punctuation.

SECTION 340. ORS 517.780 is amended to read:

517.780. (1) The provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder shall not supersede any zoning laws or ordinances in effect on July 1, 1972[;]. However, if such zoning laws or ordinances are repealed on or after July 1, 1972, the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder shall be controlling. The governing board of the State Department of Geology and Mineral Industries may adopt rules and regulations with respect to matters presently covered by such zoning laws and ordinances.

(2) In lieu of the permit required by ORS 517.790, an operator may conduct surface mining provided such surface mining is done pursuant to a valid permit issued by the appropriate authority of a city or county in which the mining is taking place, if such authority has adopted an ordinance, approved by the board prior to July 1, 1984, requiring reclamation of land that has been surface mined. If such county ordinance is repealed on or after July 1, 1984, the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder shall be controlling. The board may adopt rules and regulations with respect to matters presently covered by such zoning laws and ordinances. A county ordinance adopted for the purpose specified in this subsection may apply to surface mining within a city in the county if the city consents thereto. On or after July 1, 1984, surface mining shall be conducted only pursuant to the permit required under ORS 517.790 in all counties which have not received approval of an ordinance prior to that date.

(3) City or county operated surface mining operations which sell less than 5,000 cubic yards of minerals within a period of 12 consecutive calendar months, are exempt from the state mining permit requirements of ORS 517.702 to 517.989 if the city or county adopts an ordinance which shall include a general reclamation scheme establishing the means and methods of achieving reclamation for city or county operated surface mining sites exempted from the state permit requirements by this subsection.

(4) A city or county may determine and collect fees for any function performed pursuant to subsection (2) of this section. However, no such fee shall exceed the amounts prescribed in ORS 517.800. A city or county shall issue a permit for each regulated surface mining activity within its jurisdiction, and all such permittees are subject to the payment of any fee charged by the city or county. However, those activities described in ORS 517.770 are not required to comply with mined land reclamation plans. City or county fees shall be in lieu of any surface mining permit fees assessed by the State Department of Geology and Mineral Industries.

NOTE: Corrects punctuation in (1).

SECTION 341. ORS 517.956 is amended to read:

517.956. Any chemical process mining operation in Oregon shall comply with the following standards:

(1) Chemical process mining, including extraction, processing and reclamation, shall be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable and necessary technology to [assure] ensure compliance with environmental standards.

(2) Protection measures for fish and wildlife shall be consistent with policies of the State Department of Fish and Wildlife, including:

(a) Protective measures to maintain an objective of zero wildlife mortality. All chemical processing solutions and associated waste water shall be covered or contained to preclude access by wildlife or maintained in a condition that is not harmful to wildlife.

(b) On-site and off-site mitigation [insuring] ensuring that there is no overall net loss of habitat value.

(c) No loss of existing critical habitat of any state or federally listed threatened or endangered species.

(d) Fish and wildlife mortality shall be reported in accordance with a monitoring and reporting plan approved by the State Department of Fish and Wildlife.

(e) The State Department of Fish and Wildlife shall establish by rule standards for review of a proposed chemical process mining operation for the purpose of developing conditions for fish and wildlife habitat protection that satisfy the terms of this section for inclusion in a consolidated permit by the [department] State Department of Geology and Mineral Industries.

(3) Surface reclamation of a chemical process mine site shall:

(a) [Assure] Ensure protection of human health and safety, as well as that of livestock, fish and wildlife;

(b) [Assure] Ensure environmental protection;

(c) Require certification to the permittee, by the State Department of Fish and Wildlife and the State Department of Agriculture, that a self-sustaining ecosystem, comparable to undamaged ecosystems in the area, has been established in satisfaction of the permittee's habitat restoration obligations; and

(d) Include backfilling or partial backfilling as determined on a case-by-case basis by the [department] State Department of Geology and Mineral Industries when necessary to achieve reclamation objectives that cannot be achieved through other mitigation activities.

NOTE: Corrects punctuation in (1); corrects word choice in (1), (2)(b) and (3)(a) and (b); sets out full title of department for clarity in (2)(e) and (3)(d).

SECTION 342. ORS 527.710 is amended to read:

527.710. (1) In carrying out the purposes of ORS 527.610 to 527.770, 527.990 (1) and 527.992, the State Board of Forestry shall adopt, in accordance with applicable provisions of ORS 183.310 to 183.550, rules to be administered by the State Forester establishing standards for forest practices in each region or subregion.

(2) The rules shall ensure the continuous growing and harvesting of forest tree species. Consistent with ORS 527.630, the rules shall provide for the overall maintenance of the following resources:

(a) Air quality;

(b) Water resources, including but not limited to sources of domestic drinking water;

(c) Soil productivity; and

(d) Fish and wildlife.

(3)(a) In addition to its rulemaking responsibilities under subsection (2) of this section, the board shall collect and analyze the best available information and establish inventories of the following resource sites needing protection:

(A) Threatened and endangered fish and wildlife species identified on lists that are adopted, by rule, by the State Fish and Wildlife Commission or are federally listed under the Endangered Species Act of 1973 as amended;

(B) Sensitive bird nesting, roosting and watering sites;

(C) Biological sites that are ecologically and scientifically significant; and

(D) Significant wetlands.

(b) The board shall determine whether forest practices would conflict with resource sites in the inventories required by paragraph (a) of this subsection. If the board determines that one or more forest practices would conflict with resource sites in the inventory, the board shall consider the consequences of the conflicting uses and determine appropriate levels of protection.

(c) Based upon the analysis required by paragraph (b) of this subsection, and consistent with the policies of ORS 527.630, the board shall adopt rules appropriate to protect resource sites in the inventories required by paragraph (a) of this subsection.

(4) Before adopting rules under subsection (1) of this section, the board shall consult with other agencies of this state or any of its political subdivisions that have functions with respect to the purposes specified in ORS 527.630 or programs affected by forest operations. Agencies and programs subject to consultation under this subsection include, but are not limited to:

(a) Air and water pollution programs administered by the Department of Environmental Quality under ORS chapters 468A and 468B and ORS 477.013 and 477.515 to 477.532;

(b) Mining operation programs administered by the Department of Geology and Mineral Industries under ORS 516.010 to 516.130 and ORS chapter 517;

(c) Game fish and wildlife, commercial fishing, licensing, wildlife and bird refuge and fish habitat improvement tax incentive programs administered by the State Department of Fish and Wildlife under ORS 272.060, 315.134 and ORS chapters 496, 498, 501, 506 and 509;

(d) Park land, Willamette River Greenway, scenic waterway and recreation trail programs administered by the State Parks and Recreation Department under ORS 358.480 to 358.545, 390.310 to 390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;

(e) The programs administered by the Columbia River Gorge Commission under Public Law 99-663 and ORS 196.110 and 196.150;

(f) Removal and fill, natural heritage conservation and natural heritage conservation tax incentive programs administered by the State Land Board and the Division of State Lands under ORS 196.800 to 196.900[,] and 273.553 to 273.591 [and 541.700 to 541.990];

(g) Federal Safe Drinking Water Act programs administered by the Department of Human Services under ORS 448.273 to 448.990;

(h) Natural heritage conservation programs administered by the Natural Heritage Advisory Council under ORS 273.553 to 273.591;

(i) Open space land tax incentive programs administered by cities and counties under ORS 308A.300 to 308A.330;

(j) Water resources programs administered by the Water Resources Department under ORS 536.220 to 536.540; and

(k) Pesticide control programs administered by the State Department of Agriculture under ORS chapter 634.

(5) In carrying out the provisions of subsection (4) of this section, the board shall consider and accommodate the rules and programs of other agencies to the extent deemed by the board to be appropriate and consistent with the purposes of ORS 527.630.

(6) The board shall adopt rules to meet the purposes of another agency's regulatory program where it is the intent of the board to administer the other agency's program on forestland and where the other agency concurs by rule. An operation performed in compliance with the board's rules shall be deemed to comply with the other agency's program.

(7)(a) The board may enter into cooperative agreements or contracts necessary in carrying out the purposes specified in ORS 527.630, including but not limited to stewardship agreements as described in ORS 527.662.

(b) The State Forestry Department shall enter into agreements with appropriate state agencies for joint monitoring of the effectiveness of forest practice rules in protecting forest resources and water quality.

(8) If [based upon the analysis required in section 15 (2)(f), chapter 919, Oregon Laws 1991, and as the results become available,], based upon the study completed pursuant to section 15 (2)(f), chapter 919, Oregon Laws 1991, the board determines that additional rules are necessary to protect forest resources pursuant to ORS 527.630, the board shall adopt forest practice rules that reduce to the degree practicable the adverse impacts of cumulative effects of forest practices on air and water quality, soil productivity, fish and wildlife resources and watersheds. Such rules shall include a process for determining areas where adverse impacts from cumulative effects have occurred or are likely to occur, and may require that a written plan be submitted for harvests in such areas.

(9)(a) The State Forester, in cooperation with the State Department of Fish and Wildlife, shall identify streams for which restoration of habitat would be environmentally beneficial. The State Forester shall select as a priority those streams where restoration efforts will provide the greatest benefits to fish and wildlife, and to streambank and streambed stability.

(b) For those streams identified in paragraph (a) of this subsection, the State Forester shall encourage landowners to enter into cooperative agreements with appropriate state agencies for conduct of restoration activities.

(c) The board, in consultation with appropriate state agencies, shall study and identify methods for restoring or enhancing fish and wildlife populations through restoration and rehabilitation of sites beneficial to fish and wildlife.

(d) The board shall adopt rules to implement the findings of this subsection.

(10) The board shall adopt rules that provide the State Forester with authority to condition the approval of plans required under ORS 527.670 (2) and (3) when the State Forester makes a determination that there is evidence of a potential threat to resources protected under this section by controlling method, timing and extent of harvest when the forester determines such limitations are necessary to achieve the objectives of ORS 527.630.

(11) In addition to its responsibilities under subsections (1) to (3) of this section, the board shall adopt rules to reduce the risk of serious bodily injury or death caused by a rapidly moving landslide directly related to forest practices. The rules shall consider the exposure of the public to these safety risks and shall include appropriate practices designed to reduce the occurrence, timing or effects of rapidly moving landslides. As used in this subsection, “rapidly moving landslide” has the meaning given that term in ORS 195.250.

NOTE: Deletes reference to irrelevant series in (4)(f); clarifies reference to repealed session law in (8).

SECTION 343. ORS 537.252 is amended to read:

537.252. (1) When issuing a water right certificate under ORS 537.250 to a district, or to a government agency for a district, the Water Resources Department may issue the water right certificate for land not described in the permit if:

(a) Water furnished by the district under the permit has been applied beneficially to the land;

(b) The land not described in the permit that is proposed to be included in the certificate is included within the legally established boundaries of the district and is subject to the charges, assessments and liens of the district;

(c) The certificate does not authorize a greater rate, duty or acreage than is authorized by the terms of the permit, and all other conditions of the permit are satisfied;

(d) The inclusion of land not described in the permit will not result in injury to other existing water rights or in enlargement of the right authorized under the permit; and

(e) The impact to the water source of including land not described in the permit will not differ significantly from the impact expected at the time the permit was issued for the lands described in the permit.

(2) If a district proposes to use water [after September 9, 1995,] on lands not described in the permit, the Water Resources Department may issue a certificate that includes such additional lands if all of the conditions of subsection (1) of this section are satisfied and if, no later than 60 days before the district actually applies the water to the lands not described in the permit, the district provides written notice to the department. The notice shall include a copy of the original permit map modified to show the lands to be added and lands to be removed from the description of the place of use of the water. Upon receipt of the notice from the district, the department shall provide public notice of the proposed change by means of publication in the department's weekly notice and by publication once each week for three successive weeks in a newspaper having general circulation in the county or counties in which the affected lands are located. The cost of publication shall be paid by the district.

(3) [Notwithstanding the provisions of ORS 545.051 (2),] If a district has issued an order of inclusion or exclusion, the boundaries of the irrigation district shall be deemed to have been legally changed in the absence of approval of the Secretary of the Interior.

(4) As used in this section:

(a) “District” has the meaning given in ORS 540.505.

(b) “Legally established boundaries” means the boundaries of a district as established at the time of creation of the district and as the boundaries may have changed after creation of the district by an inclusion, exclusion or merger proceeding according to state law.

NOTE: Deletes obsolete provision in (2); eliminates reference to repealed subsection in (3).

SECTION 344. ORS 540.990 is amended to read:

540.990. (1) Violation of any provision of ORS 540.440 is punishable, upon conviction, by a fine of not less than $25 nor more than $150, together with the costs and disbursements of the action, and in default of the payment of the fine and costs, by confinement in the county jail one day for each $2 thereof. Justice courts shall have concurrent jurisdiction with the circuit courts in the trial of all proceedings under this subsection.

(2) Violation of any provision of ORS 540.370 (2), 540.570 (4), 540.710, 540.720 or 540.730[, or 540.370 (2),] is punishable, upon conviction, by a fine of not less than $10 nor more than $250, or by imprisonment in the county jail for not more than six months, or both. Justice courts shall have concurrent jurisdiction with the circuit courts in the trial of all violations under this subsection.

NOTE: Puts ORS references in numerical order in (2).

SECTION 345. ORS 540.990, as amended by section 13, chapter 788, Oregon Laws 2001, is amended to read:

540.990. (1) Violation of any provision of ORS 540.440 is punishable, upon conviction, by a fine of not less than $25 nor more than $150, together with the costs and disbursements of the action, and in default of the payment of the fine and costs, by confinement in the county jail one day for each $2 thereof. Justice courts shall have concurrent jurisdiction with the circuit courts in the trial of all proceedings under this subsection.

(2) Violation of any provision of ORS 540.370 (2), 540.710, 540.720 or 540.730[, or 540.370 (2),] is punishable, upon conviction, by a fine of not less than $10 nor more than $250, or by imprisonment in the county jail for not more than six months, or both. Justice courts shall have concurrent jurisdiction with the circuit courts in the trial of all violations under this subsection.

NOTE: Puts ORS references in numerical order in (2).

SECTION 346. ORS 541.377 is amended to read:

541.377. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Parks and Natural Resources Fund to be administered by the Oregon Department of Administrative Services. All moneys transferred from the State Lottery Fund and all other moneys authorized to be transferred to the Parks and Natural Resources Fund from whatever source are appropriated continuously for the public purposes of restoring and protecting Oregon's parks, beaches, watersheds and critical fish and wildlife habitats. Fifteen percent of the net proceeds from the Oregon State Lottery shall be deposited in the Parks and Natural Resources Fund created under this subsection.

(2) Of the moneys deposited into the Parks and Natural Resources Fund from the Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount for the public purpose of financing the protection, repair, operation, creation and development of state parks, ocean shores, public beach access areas, historic sites and recreation areas. The State Treasurer may invest and reinvest the moneys in the Parks Subaccount as provided in ORS 293.701 to 293.820. Interest from the moneys deposited in the subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount.

(3) All moneys in the Parks Subaccount for financing the protection, repair, operation, creation and development of state parks, ocean shores, public beach access areas, historic sites and recreation areas shall be allocated to the State Parks and Recreation Department. Such moneys shall be deposited into the State Parks and Recreation Department Fund established under ORS 390.134 [(1) to (6)] and shall be used for the following purposes:

(a) Maintaining, constructing, improving, developing, managing and operating state park and recreation facilities, programs and areas.

(b) Acquiring real property, or interest therein, deemed necessary for the creation and operation of state parks, ocean shores, public beach access areas, recreation areas and historic sites or because of natural, scenic, cultural, historic and recreational values.

(c) Operating grant programs for local government entities deemed necessary to accomplish the public purposes of the Parks and Natural Resources Fund.

(4) Of the moneys deposited into the Parks and Natural Resources Fund from the Oregon State Lottery, 50 percent shall be deposited into a Restoration and Protection Subaccount for the public purpose of financing the restoration and protection of native salmonid populations, watersheds, fish and wildlife habitats and water quality in Oregon. The State Treasurer may invest and reinvest the moneys in the Restoration and Protection Subaccount as provided in ORS 293.701 to 293.820. Interest from the moneys deposited in the subaccount and earnings from investment of the moneys in the subaccount shall be credited to the Restoration and Protection Research Fund created under ORS 541.378.

(5) The moneys in the Restoration and Protection Subaccount for financing the restoration and protection of native salmonid populations, watersheds, fish and wildlife habitats and water quality shall be administered by the Oregon Watershed Enhancement Board and shall be used for all of the following purposes:

(a) Restoration and protection of watersheds and fish, wildlife, riparian and native species and for habitat conservation activities, including but not limited to planning, coordination, assessment, implementation, restoration, inventory, information management and monitoring activities.

(b) Watershed and riparian education efforts.

(c) Development and implementation of watershed and water quality enhancement plans.

(d) Entering into agreements to obtain from willing owners determinate interests in lands and waters that protect watershed resources, including but not limited to fee simple interests in land, leases of land or water or conservation easements.

(e) Enforcement of fish and wildlife and habitat protection laws and regulations.

(6) Of the moneys deposited into the Restoration and Protection Subaccount from the Oregon State Lottery, the Oregon Watershed Enhancement Board shall deposit:

(a) Sixty-five percent of the funds into the Watershed Improvement Grant Fund established under ORS 541.397 to be used only for funding capital expenditure projects; and

(b) Thirty-five percent of the funds into the Watershed Improvement Operating Fund established under ORS 541.379 to be used for the purposes set forth in ORS 541.379 (1).

(7) The Legislative Assembly shall not limit expenditures from the Parks and Natural Resources Fund. The Legislative Assembly may appropriate other moneys or revenues to the Parks and Natural Resources Fund.

NOTE: Deletes unnecessary subsection reference in (3).

SECTION 347. ORS 542.750 is amended to read:

542.750. (1) The Water Resources Commission may make surveys[,] and investigations and prepare plans, specifications, estimates and other data, as in the commission's judgment can accomplish the purposes of the Watershed Protection and Flood Prevention Act. As soon as practicable after completion the commission shall prepare, or have prepared, a report setting forth the results of the surveys and investigations. All work performed by the commission under this section shall be correlated with that performed by the United States Natural Resources Conservation Service, or its successor agency, under the Watershed Protection and Flood Prevention Act.

(2) The commission, [may] on behalf of the State of Oregon, may enter into contracts or agreements with any agencies of the United States Department of Agriculture for the execution of surveys[,] and investigations and the preparation of plans, specifications and estimates or other data to determine costs and feasibility of reservoir or other works of improvement [which] that may be constructed under the provisions of the Watershed Protection and Flood Prevention Act, as amended.

(3) The intent of this section is to expedite the investigation and planning of works of improvement [which] that may be constructed under the Watershed Protection and Flood Prevention Act to reduce the delay in time occurring between initiation of a project and beginning of construction.

NOTE: Corrects punctuation in (1) and (2); corrects grammar in (2) and (3).

SECTION 348. ORS 543A.415 is amended to read:

543A.415. (1) Except as provided in subsection (2) of this section, each holder of an existing hydroelectric license shall pay to the Water Resources Department annually a reauthorization fee in an amount per theoretical horsepower covered by the existing license that, when added to the amount per theoretical horsepower covered by the existing license that is paid under ORS 543.300, equals 28 cents for each horsepower covered by the existing license, or $15, whichever is greater, for the purpose of implementing the state reauthorization process established by this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710. The reauthorization fee shall be paid until the project is reauthorized, and a water right issued, under this chapter and ORS 468.065, 468B.040, 468B.045, 468B.046, 536.015, 536.050, 543.012 and 543.710. Upon reauthorization and issuance of a water right, a new annual fee shall be assessed under ORS 543.300, and the reauthorization fee shall no longer apply.

(2) The department shall notify existing license holders of the amount of the fee described in subsection (1) of this section. The notice shall state the date by which the license holder must notify the department if the license holder does not intend to reauthorize the project. The department shall assess the fee described in subsection (1) of this section unless the license holder notifies the state that it does not intend to apply to reauthorize the project upon expiration of the license. The holder of an existing hydroelectric license that notifies the department that it does not intend to reauthorize the project need not pay the reauthorization fee and may not seek reauthorization of the project upon expiration of the existing license.

(3) The department shall submit a report to the Legislative Assembly during each legislative session describing the department's use of reauthorization funds.

(4) Four cents of each 28 cents paid as a reauthorization fee [in] as required by subsection (1) of this section shall be deposited to the Water Resources Department Hydroelectric Fund and disbursed to the Department of Environmental Quality.

NOTE: Conforms syntax to legislative style in (4).

SECTION 349. ORS 561.279 is amended to read:

561.279. The State Department of Agriculture is authorized to issue subpoenas to compel the attendance of witnesses and to require the production of pertinent books, records and documents in:

(1) Conducting an investigation of a matter with which the department specifically is charged with responsibility and which seriously affects the health of persons or animals[, or];

(2) Making an audit authorized or required by ORS chapter 583[,]; or

(3) Holding a hearing pursuant to the provisions of ORS 183.310 to 183.550.

NOTE: Conforms subsection structure to legislative style.

SECTION 350. ORS 564.110 is amended to read:

564.110. (1) The lists of threatened species or endangered species established pursuant to ORS 564.105 (2) initially shall include those species listed as of May 15, 1987, as a threatened species or an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), as amended.

(2) The Director of Agriculture, by rule, may add or remove any plant species from either list, or change the status of any species on the lists, upon a determination that the species is or is not a threatened species or an endangered species.

(3) A determination that a species is a threatened species or an endangered species shall be based on documented and verifiable scientific information about the species' biological status. To list a species as a threatened species or an endangered species under ORS 564.100 to 564.130, the director shall determine that the natural reproductive potential of the species is in danger of failure due to limited population numbers, disease, predation or other natural or man-made factors affecting its continued existence. In addition, the director shall determine that one or more of the following factors [exists] exist:

(a) That most populations are undergoing imminent or active deterioration of their range or primary habitat;

(b) That overutilization for commercial, recreational, scientific or educational purposes is occurring or is likely to occur; or

(c) That existing state or federal programs or regulations are inadequate to protect the species or its habitat.

(4) Determinations required by subsection (3) of this section shall be made on the basis of the best scientific and other data available to the State Department of Agriculture, after consultation with federal agencies, other interested state agencies, the Natural Heritage Advisory Council, other states having a common interest in the species and interested persons and organizations.

(5)(a) Any person may petition the department to, by rule, add, remove or change the status of a species on the list[:].

[(a)] (b) A petition shall clearly indicate the action sought and shall include documented scientific information about the species' biological status to justify the requested action.

[(b)] (c) Within 90 days of receipt of a petition, the department shall respond in writing to the petitioner indicating whether the petition presents substantial scientific information to warrant the action requested.

[(c)] (d) If the petition is found to present such information, the department shall commence rulemaking.

[(d)] (e) If the petition is denied, the petitioner may seek judicial review as provided in ORS 183.484.

(6)(a) Notwithstanding subsections (1) to (5) of this section, the department shall take emergency action to add a species to the list of threatened species or endangered species if it determines there is a significant threat to the continued existence of the species[:].

[(a)] (b) The department shall publish notice of such addition in the Secretary of State's bulletin and shall mail notice to affected or interested persons whose names are included on the department's mailing list for such purposes.

[(b)] (c) Such emergency addition shall take effect immediately upon publication in the Secretary of State's bulletin and shall remain valid for a period no longer than one year, unless during the one-year period the department completes rulemaking procedures as provided in subsections (1) to (4) of this section.

(7)(a) The director shall periodically review the status of all threatened and endangered plant species listed under ORS 496.004, 496.171 to 496.192, 498.026, 564.040 and 564.100 to 564.135[:].

[(a)] (b) Each species shall be reviewed at least once every five years to determine whether substantial, documented scientific information exists to justify its reclassification or removal from the list, according to the criteria listed under subsection (3) of this section.

[(b)] (c) If a determination is made to reclassify a species or remove it from the list, the department, within 90 days, shall commence rulemaking to change the status of the species.

NOTE: Corrects grammar in (3); restructures (5) to (7) to fix lead-in problems.

SECTION 351. ORS 565.423 is amended to read:

565.423. In addition to any other duties and powers of the County Fair Commission, the commission may submit nominations to the Governor for appointments to Oregon State Fair Commission member positions described in ORS 565.020 (3)[, as amended by section 1, chapter 24, Oregon Laws 2001].

NOTE: Deletes unnecessary reference to session law.

SECTION 351a. ORS 565.447, as amended by section 3, chapter 4, Oregon Laws 2002 (second special session), and section 19, chapter 6, Oregon Laws 2002 (third special session), is amended to read:

565.447. (1) Subject only to the availability of unobligated net lottery proceeds, there is allocated from the Administrative Services Economic Development Fund to the County Fair Account created under ORS 565.445 an amount equal to one percent of the net proceeds from the Oregon State Lottery, but not to exceed $1.53 million annually, adjusted biennially pursuant to the change in the Consumer Price Index, as defined in ORS 327.006, between January 1, 2001, and January 1 immediately preceding commencement of the biennium.

(2) The allocation of moneys from the Administrative Services Economic Development Fund under this section is subject to the requirements in section 4, Article XV of the Oregon Constitution, for deposit of [15 percent] specified amounts of the net proceeds from the Oregon State Lottery into the Education Stability Fund and into the Parks and Natural Resources Fund and shall be made only after satisfaction or payment of:

(a) Amounts allocated to Westside lottery bonds issued under ORS 391.140 or to the reserves or any refunding related to the Westside lottery bonds in accordance with the priority for allocation and disbursement established by ORS 391.130;

(b) All liens, pledges or other obligations relating to lottery bonds or refunding lottery bonds due or payable during the year for which an allocation is to be made; and

(c) Amounts required by any other pledges of, or liens on, net proceeds from the Oregon State Lottery.

NOTE: Corrects deposit amount in (2); see HJR 80 (2002 third special session).

SECTION 352. ORS 566.350 is amended to read:

566.350. (1) The Housing and Community Services Department may:

(a) Collect, compromise, adjust or cancel claims and obligations arising out of or administered under ORS 566.310 to 566.360 or under any mortgage, lease, contract or agreement entered into or administered pursuant to ORS 566.310 to 566.360[; and, if it is in its judgment], and, to the extent the department considers necessary and advisable, pursue the same to final collection in any court having jurisdiction.

(b) [Bid for the purchase] At any execution, foreclosure or other sale, [or otherwise to acquire] bid for the purchase of, or otherwise acquire, property upon which the department has a lien by reason of a judgment or execution[,] or [which] property that is pledged, mortgaged[,] or conveyed or [which] that otherwise secures any loan or other indebtedness owing to or acquired by the department under ORS 566.310 to 566.360.

(c) Accept title to any property [so] purchased or acquired[;] under this subsection and:

(A) Operate or lease such property for [such] the period [as may be deemed] the department deems necessary to protect the investment [therein;] in the property; and

(B) Sell or otherwise dispose of such property in a manner consistent with the provisions of ORS 566.310 to 566.360.

(2) The authority granted in this section may be delegated to the Secretary of Agriculture of the United States with respect to funds or assets authorized to be administered and used by the secretary under agreements entered into pursuant to ORS 566.330.

NOTE: Conforms punctuation, syntax and structure to legislative style in (1).

SECTION 353. ORS 578.230 is amended to read:

578.230. The assessment levied under the authority of ORS 578.210 shall be paid by the first purchaser to the administrator, who shall receipt the purchaser therefor. [In no case,] If the total amount of assessment moneys deducted by the first purchaser and not paid to the administrator exceeds $100, [shall any assessment levied and assessed be considered not due for payment after] the first purchaser shall pay any assessed and levied amounts on or before the 20th day of the third calendar month next following the date of settlement.

NOTE: Corrects punctuation in first sentence; rephrases second sentence to eliminate confusing double negative.

SECTION 354. ORS 579.010 is amended to read:

579.010. As used in this chapter, unless the context requires otherwise:

(1) “Commercial channels” means the sale of potatoes for use as food, seed, industrial or chemurgic use, when sold to any commercial buyer or to any person who resells potatoes or any product derived therefrom. [Such term also means and] “Commercial channels” includes sales of seed potatoes by the grower to another grower, for planting by [such] the other grower, when such sales in the aggregate for any one year amount to more than 20 hundredweight.

(2) “Commission” means the Oregon Potato Commission.

(3) “Director” means the Director of Agriculture.

(4) “First purchaser” means any person, partnership, association or corporation, whether [such] the association or corporation is private or public, that buys potatoes from the grower in the first instance.

(5)(a) “Grower” means:

(A) Any landowner personally engaged in growing potatoes;

(B) A tenant personally engaged in growing potatoes; or

(C) Both the owner and the tenant jointly[; and].

(b) “Grower” includes any person, partnership, association, corporation, cooperative, trust sharecropper[,] and any and all other business units, devices or arrangements.

NOTE: Conforms syntax to legislative style in (1) and (4); conforms structure of (5) to legislative style.

SECTION 355. ORS 596.050 is amended to read:

596.050. The Oregon agricultural experiment station, the [School] College of Veterinary Medicine, Oregon State University or the State Department of Agriculture may make, produce or furnish bacteriological or biological products to be used by the department for the treatment, prevention or detection of animal disease. If either the experiment station or the [School] College of Veterinary Medicine furnishes the products, the station or the [school] college may do so directly to the department and shall produce and furnish such products at actual or approximate cost. Such cost shall be paid by the department out of funds available for that purpose. All money obtained by the department from the sale of such biological or bacteriological products shall be used by the department to pay such costs and for making, producing or furnishing such products, and is continuously appropriated to the department for that purpose.

NOTE: Corrects title of college.

SECTION 356. ORS 596.095 is amended to read:

596.095. As used in ORS [596.095 to] 596.100, 596.105[, 596.990 (3)] and 596.995:

(1) “Animal remedy” means any product used to prevent, inhibit or cure or enhance or protect the health or well-being of animals, but does not include food.

(2) “Department” means the State Department of Agriculture.

(3) “Pharmaceutical” means any product prescribed for the treatment or prevention of disease for veterinary purposes, including vaccines, synthetic and natural hormones, anesthetics, stimulants or depressants.

(4) “Veterinary biologic” means any biologic product used for veterinary purposes, including antibiotics, antiparasiticides, growth promotants or bioculture products.

NOTE: Excludes inappropriate sections from application of definitions.

SECTION 357. ORS 596.225 is amended to read:

596.225. (1) Notwithstanding other laws to the contrary, the State Department of Agriculture is authorized to enter into a contract with a deputy state veterinarian to obtain and pay for professional services in assisting the department in administering and carrying out its laws, including but not limited to testing and vaccination of livestock. The department may agree to pay deputy state veterinarians on a fair and equitable basis, which may include the establishment of a Veterinary Medical Fee Schedule. Such schedule may include, but not be limited to:

(a) Overtime fees or rates;

(b) Minimum or maximum fees;

(c) Amounts to be paid during certain periods of time or for certain types of service;

(d) Fees based on the number of calls or the number of animals involved; or

(e) Special fees for certain areas of the state or particular problems. However, as far as practical, fees shall be uniform throughout the state.

(2) Notwithstanding other laws to the contrary, if a deputy state veterinarian is employed by another veterinarian, or by another firm of veterinarians, is a member of a partnership of veterinarians, or is an employee of the [School] College of Veterinary Medicine, Oregon State University, the department may enter into a contract with the employing entity or partnership for the furnishing of professional veterinary services to the department. The department may pay the employing entity or partnership for professional services furnished in conformity with the contract.

(3) Professional services furnished to the department as provided by this section[,] shall [only] be furnished only by a deputy state veterinarian. The deputy state veterinarian [shall] may not be an employee of the department. The self-employer, employer[,] or partnership entity, as the case may be, shall:

(a) Be responsible for and shall make all withholdings and shall pay all taxes and other deductions due governmental agencies for deputy state veterinarians.

(b) Be responsible for and shall carry liability, compensation and other types of insurance covering deputy state veterinarians.

(4) Deputy state veterinarians furnishing professional services as provided by this section, shall:

(a) Comply with all applicable laws, rules and regulations promulgated thereunder and general instructions of the department.

(b) Complete and sign all forms required by the department.

(c) Be responsible to the department for the final results of their work and services.

(5) The contract may be terminated by written notice to the other parties to the agreement at any time by the deputy state veterinarian, the employer or partnership, or the department.

NOTE: Corrects punctuation in (1) and (3); fixes name of college in (2); conforms syntax to legislative style in (3).

SECTION 358. ORS 596.331 is amended to read:

596.331. (1) A person may not sell, offer to sell or dispose of any livestock that the person knows to be exposed to, a carrier of or infected with any disease required to be reported under ORS 596.321, except:

(a) To a slaughterer or to a rendering plant; or

(b) Pursuant to, and as authorized by, a quarantine order.

(2) A person may not sell, offer to sell or dispose of the meat, milk or other parts of any livestock, quarantined by the State Department of Agriculture, for food or other purposes, except as authorized by the quarantine order.

(3) A person may not sell or offer for sale, for any purpose other than slaughter or to a feedlot or other normal and usual feeding facility for slaughter within 12 months of sale, any female cattle of a beef breed that have not been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.

(4) A person may not sell or offer for sale, for any purpose other than slaughter, any female cattle of a dairy breed that have not been vaccinated against brucellosis as evidenced by an official vaccination tattoo in the right ear of each animal.

NOTE: Corrects punctuation in (4).

SECTION 359. ORS 601.050 is amended to read:

601.050. (1) Upon receiving an application for a license, the State Department of Agriculture shall immediately cause one of its officers, employees or deputies to inspect the place where [such] the applicant desires to conduct the business, and ascertain:

[(1)] (a) Whether the applicant is a responsible and suitable person to be entrusted with a license to conduct such business.

[(2)] (b) Whether the place where [such] the business is to be conducted is a suitable and sanitary place in which to dispose of the bodies, carcasses and parts of animals.

[(3)] (c) Whether it conforms to the rules and regulations prescribed by the department.

(2) If the applicant meets [such] the requirements set forth in this section, the department shall issue the applicant a license to conduct [such] business.

NOTE: Conforms structure and syntax to legislative style.

SECTION 360. ORS 603.010 is amended to read:

603.010. As used in this chapter:

(1) “Custom processing establishment” means a stationary establishment wherein slaughtered meat animals or meat, caused to be delivered by the owners thereof, are prepared for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner.

(2) “Custom slaughtering establishment” means a mobile or stationary establishment wherein meat animals, caused to be delivered by the owners thereof, are slaughtered for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner.

(3) “Department” means the State Department of Agriculture.

(4) “Equipment” means all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment.

(5) “Establishment” means [and includes]:

(a) Any building, vehicle or structure in which meat animals are slaughtered for consumption or meat products are prepared, sold, offered or held for sale.

(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The department may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(6) “Meat animal” means any vertebrate animal, except fish and aquatic mammals, not otherwise prohibited by law for sale for human consumption.

(7) “Meat or meat product” means any edible muscle, except any muscle found in the lips, snout or ears, of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the department.

(8) “Meat seller establishment” means an establishment wherein meat products are sold, offered or held for sale, but which are not prepared other than to be ground, seasoned, salted, frozen, boned, cut up, wrapped or packed.

(9) “Nonslaughtering processing establishment” means any building, structure or vehicle wherein the activities of a slaughterhouse, custom slaughtering establishment or custom processing establishment or of an animal food slaughtering establishment or animal food processing establishment under ORS chapter 619 are not performed, but wherein meat products are prepared.

(10) “Poultry” means chickens, ducks, geese, turkeys and all other domesticated fowls or birds.

(11) “Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked, cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufactured or processed.

(12) “Slaughterhouse” means an establishment wherein meat animals are slaughtered.

(13) “Unwholesome” [includes] means all meats or meat products [which] that are diseased, contaminated, including drug or chemical residue, putrid, unsound, unhealthful or unfit for food.

NOTE: Standardizes definitional form in (5) and (13); corrects grammar in (13).

SECTION 361. ORS 616.005 is repealed.

NOTE: Repeals superfluous definition of “department.”

SECTION 362. ORS 616.020 is amended to read:

616.020. (1) In addition to any Department of Human Services survey, investigation or inquiry authorized by law[, which] that involves the production, processing or distribution of agricultural products, the Department of Human Services shall make such further surveys, investigations or inquiries as may be requested by the Director of Agriculture for the purpose of showing the manner in which the production, processing or distribution of agricultural products may affect the public health.

(2) In order that maximum protection to the public health may result from the activities of the Department of Human Services and the State Department of Agriculture, the Department of Human Services shall notify the Director of Agriculture in writing of any contemplated survey [which] that affects or may affect agricultural products [which] that are under the regulation of the State Department of Agriculture. The notice shall cover in detail the scope of the survey under consideration, and the reasons therefor. However, this section shall not be construed as prohibiting the Department of Human Services from taking immediate action in any case where such action seems necessary in the interests of public health. The written notice is not required in the case of a survey instituted on the request of the Director of Agriculture.

(3) Not less than 30 days after the completion of any such survey, the Department of Human Services shall file with the Director of Agriculture a certified copy of its report. The report shall include the findings of the Department of Human Services with respect to all matters covered thereby. Whenever the findings in the report of any survey, investigation or inquiry made by the Department of Human Services show any hazard to public health existing incident to the production, processing or distribution of any agricultural commodity, the State Department of Agriculture shall take such action as may be necessary and within the scope of its resources to remove such hazards.

NOTE: Corrects grammar in (1) and (2); fixes title of agency in (2) and (3).

SECTION 363. ORS 616.205 is amended to read:

616.205. As used in ORS 616.205 to 616.426 and 616.900, unless the context clearly indicates a different meaning:

(1) “Advertisement” includes all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of the food.

(2) “Color” includes black, white and intermediate grays.

[(2)(a)] (3)(a) “Color additive” means a material [which] that:

(A) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or

(B) When added or applied to a food or to the human body or any part thereof, is capable, alone or through reaction with other substance, of imparting color thereto.

(b) [However,] “Color additive” does not include any material [which] that has been exempted under the federal Act.

[(b) The term “color” includes black, white and intermediate grays.]

(c) [Nothing in] Notwithstanding paragraph (a) of this subsection, “color additive” does not include [applies to] any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest.

[(3)] (4) “Consumer commodity” means any food as defined by ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 or by the federal Act.

[(4)] (5) “Contaminated with filth” means the condition of any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious substances.

[(5)] (6) “Director” means the Director of Agriculture.

[(6)] (7) “Federal Act” means the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.

[(7)] (8) “Food” means:

(a) Articles used for food or drink, including ice, for human consumption or food for dogs and cats;

(b) Chewing gum; and

(c) Articles used for components of any such article.

[(8)] (9) “Food additive” means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on common use in food to be safe under the conditions of its intended use. “Food additive” does not include:

(a) A pesticide chemical in or on a raw agricultural commodity;

(b) A pesticide chemical to the extent that it is intended for use, or is used in the production, storage or transportation of any raw agricultural commodity; or

(c) A color additive.

[(9)] (10) “Food establishment” means:

(a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or displaying food.

(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The State Department of Agriculture may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other articles or items, used in operating or carrying on the business of a food establishment.

[(10)] (11) “Immediate container” does not include package liners.

[(11)] (12) “Label” means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under authority of ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 that any word, statement or other information appears on a label has not been obeyed unless such word, statement or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article or unless such word, statement or information is easily legible through the outside container or wrapper.

[(12)] (13) “Labeling” means all labels and other written, printed or graphic matters upon an article or any of its containers or wrappers, or accompanying such article.

[(13)] (14) “Package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include:

(a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors thereof; or

(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.

[(14)] (15) “Pesticide chemical” means any substance which, alone, in chemical combination or in formulation with one or more other substances is a “pesticide” as defined in ORS 634.006.

[(15)] (16) “Principal display panel” means that part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

[(16)] (17) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

NOTE: Alphabetizes definitions; conforms structure and syntax in (3) to legislative style.

SECTION 364. ORS 616.205, as amended by section 2, chapter 320, Oregon Laws 2001, is amended to read:

616.205. As used in ORS 616.205 to 616.385, unless the context clearly indicates a different meaning:

(1) “Advertisement” includes all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of the food.

(2) “Color” includes black, white and intermediate grays.

[(2)(a)] (3)(a) “Color additive” means a material [which] that:

(A) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or

(B) When added or applied to a food or to the human body or any part thereof, is capable, alone or through reaction with other substance, of imparting color thereto.

(b) [However,] “Color additive” does not include any material [which] that has been exempted under the federal Act.

[(b) The term “color” includes black, white and intermediate grays.]

(c) [Nothing in] Notwithstanding paragraph (a) of this subsection, “color additive” does not include [applies to] any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest.

[(3)] (4) “Consumer commodity” means any food as defined by ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 or by the federal Act.

[(4)] (5) “Contaminated with filth” means the condition of any food not securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from all foreign or injurious substances.

[(5)] (6) “Director” means the Director of Agriculture.

[(6)] (7) “Federal Act” means the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq., 52 Stat. 1040 et seq.

[(7)] (8) “Food” means:

(a) Articles used for food or drink, including ice, for human consumption or food for dogs and cats;

(b) Chewing gum; and

(c) Articles used for components of any such article.

[(8)] (9) “Food additive” means any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures or experience based on common use in food to be safe under the conditions of its intended use. “Food additive” does not include:

(a) A pesticide chemical in or on a raw agricultural commodity;

(b) A pesticide chemical to the extent that it is intended for use, or is used in the production, storage or transportation of any raw agricultural commodity; or

(c) A color additive.

[(9)] (10) “Food establishment” means:

(a) Any room, building, structure or place, used or intended for use, or operated for storing, preparing, compounding, manufacturing, processing, freezing, packaging, distributing, handling or displaying food.

(b) The ground upon which such place or business is operated or used and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The State Department of Agriculture may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(c) Vehicles, machinery, equipment, utensils, tools, fixtures, implements and all other articles or items, used in operating or carrying on the business of a food establishment.

[(10)] (11) “Immediate container” does not include package liners.

[(11)] (12) “Label” means a display of written, printed or graphic matter upon the immediate container of any article. A requirement made under authority of ORS 616.205 to 616.215, 616.225 to 616.256, 616.286, 616.295, 616.310, 616.315, 616.325, 616.330, 616.341, 616.350 to 616.366, 616.790 and 616.992 that any word, statement or other information appears on a label has not been obeyed unless such word, statement or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article or unless such word, statement or information is easily legible through the outside container or wrapper.

[(12)] (13) “Labeling” means all labels and other written, printed or graphic matters upon an article or any of its containers or wrappers, or accompanying such article.

[(13)] (14) “Package” means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include:

(a) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers or processors, or to wholesale or retail distributors thereof; or

(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such containers and wrappings bear no printed matter pertaining to any particular commodity.

[(14)] (15) “Pesticide chemical” means any substance which, alone, in chemical combination or in formulation with one or more other substances is a “pesticide” as defined in ORS 634.006.

[(15)] (16) “Principal display panel” means that part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

[(16)] (17) “Raw agricultural commodity” means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

NOTE: Alphabetizes definitions; conforms structure and syntax in (3) to legislative style.

SECTION 365. ORS 616.790 is amended to read:

616.790. (1) The State Department of Agriculture shall enforce ORS 616.775 to 616.790 and 616.992 and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce [these sections] ORS 616.775 to 616.790 and 616.992.

(2) For the purpose of ORS 616.775 to 616.790 and 616.992 the State Department of Agriculture, or such officers or employees of the department as are designated, is authorized:

(a) To take food samples for analysis;

(b) To conduct examinations and investigations;

(c) To enter at reasonable times any factory, mill, bakery, warehouse, shop or establishment where any flour, bread, rolls, buns, macaroni products or noodle products specified in ORS 616.780 are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof; [and]

(d) To inspect any such place or vehicle and any flours, breads, rolls, buns, macaroni products or noodle products specified in ORS 616.780, and all pertinent equipment, materials, containers and labeling[.]; and

(e) To make reasonable rules and regulations to carry out ORS 616.775 to 616.790, 616.992, 625.160, 625.212 and 625.215, subject to the applicable provisions of ORS 183.310 to 183.550. Such rules and regulations shall be published as provided by ORS 561.190.

(3) Refusal to furnish authorized officers and employees of the State Department of Agriculture, upon demand either personal or in writing, with a sufficient sample for analysis of any food product specified in subsection (2) of this section after tender of the market price therefor is prima facie evidence that such food is not enriched as required.

NOTE: Clarifies ORS reference in (1); conforms subsection structure to legislative style in (2).

SECTION 366. ORS 618.010 is amended to read:

618.010. As used in this chapter, unless the context requires otherwise:

(1) “Advertising” or “advertisement” means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

(2) “Commercial” or “commercially used” means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

(3) “Commodity” means any merchandise, product or substance produced or distributed for sale to, or use by, others.

(4) “Commodity in bulk form” means any quantity of a commodity that is not a commodity in package form.

(5) “Commodity in package form” means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 to 618.246. An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

(6) “Department” means the State Department of Agriculture.

(7) “Director” means the Director of Agriculture.

(8) “Inspector” means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

(9) “Intrastate commerce” means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

(10) “Introduced into intrastate commerce” means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(11) “Liquid-fuel measuring device” means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

(12) [“National Bureau of Standards:Q2ENB.] “National Institute of Standards and Technology” means the National [Bureau of Standards] Institute of Standards and Technology of the Department of Commerce of the United States.

(13) “Person” has the meaning for that term provided in ORS 174.100.

(14) “Sale” and “sell” include barter and exchange.

(15) “Security seal” means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

(16) “Vehicle” means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

(17) “Weighing device” means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

(18) “Weights and measures” means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, “weights and measures” does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS 757.005. None of the provisions of ORS 618.010 to 618.246 apply to such public utility meters or to any associated appliances or accessories.

NOTE: Updates name of federal agency in (12).

SECTION 367. ORS 618.036 is amended to read:

618.036. The State Department of Agriculture may utilize, for all commercial purposes in this state, either that system of weights and measures customarily used in the United States or the metric system of weights and measures. In prescribing the basic units of weight and measure, tables of weight and measure, weight and measure equivalents, specifications, tolerances and other technical requirements for commercial weighing and measuring devices, the department shall recognize those published by the National [Bureau of Standards] Institute of Standards and Technology, and they shall be applicable to weighing and measuring equipment and transactions in this state.

NOTE: Updates name of federal agency.

SECTION 368. ORS 618.041 is amended to read:

618.041. (1) Standards of weight and measure that are traceable to the United States prototype standards and that are supplied by the federal government or that are otherwise approved as being satisfactory by the National [Bureau of Standards] Institute of Standards and Technology shall be the state's primary standards of weight and measure.

(2) The state primary standards shall be kept in a safe and suitable place in the metrology laboratory of the office of weights and measures, and shall not be removed from the laboratory except for repairs or for calibration as may be prescribed by the National [Bureau of Standards] Institute of Standards and Technology.

NOTE: Updates name of federal agency.

SECTION 369. ORS 618.051 is amended to read:

618.051. The State Department of Agriculture by rule shall prescribe the specifications, tolerances and other technical requirements applicable to commercial weights and measures within this state. In so doing the department shall take cognizance of those uniform requirements recommended by the National [Bureau of Standards] Institute of Standards and Technology and published in appropriate National [Bureau of Standards] Institute of Standards and Technology handbooks and supplements thereto. For the purposes of ORS 618.010 to 618.246 and 618.991, weights and measures are correct when in conformance with all applicable sections of ORS 618.010 to 618.246 and 618.991 and rules promulgated pursuant thereto. All other weights and measures are incorrect.

NOTE: Updates name of federal agency.

SECTION 370. ORS 618.501 is amended to read:

618.501. As used in ORS 618.501 to 618.551 and 618.995, unless the context requires otherwise:

(1) “Appropriate court” means the circuit court of a county:

(a) Where one or more of the defendants reside; [or]

(b) Where one or more of the defendants maintain a principal place of business; [or]

(c) Where one or more of the defendants are alleged to have committed a security seal violation; or

(d) With the defendant's consent, where the prosecuting officer maintains an office.

(2) “Person” has the meaning [for] given that term [provided] in ORS 174.100.

(3) “Prosecuting attorney” means the Attorney General or the district attorney of any county in which a security seal violation is alleged to have been committed.

(4) “Security seal” means a lead-and-wire seal or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

(5) “Security seal violation” means the use, in violation of this chapter or any rule promulgated pursuant thereto, of any liquid or gaseous metering instrument or device to which a security seal is required to be affixed, when the security seal has been broken or removed.

(6) A “willful violation” occurs when the person committing the violation knew or should have known that the conduct of the person was a violation.

NOTE: Deletes superfluous conjunctions in (1)(a) and (b); conforms syntax to legislative style in (2).

SECTION 371. ORS 619.051 is amended to read:

619.051. No person shall:

(1) Have in [their] the person's possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified;

(2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, unless it is thoroughly protected from dust, dirt, flies or other contaminants;

(3) Sell, hold or offer for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal; or

(4) Engage in an activity requiring a license under the provisions of ORS chapter 603 without first procuring such license from the State Department of Agriculture and maintaining it as prescribed in ORS chapter 603.

NOTE: Corrects grammar in (1).

SECTION 372. ORS 621.065 is amended to read:

621.065. The State Department of Agriculture shall establish two standards of quality for fluid milk. The [highest] higher standard of quality shall be designated as “grade A.” The other standard of quality shall be designated as “grade B.”

NOTE: Corrects word choice.

SECTION 373. ORS 621.418 is amended to read:

621.418. (1) The State Department of Agriculture shall establish official state standards of quality and identity for imitation milk products in the manner prescribed in ORS 632.900 to 632.935.

(2) In establishing standards of quality and identity for imitation milk products, the department shall consider, in addition to other factors:

(a) The composition and purity of the product ingredients;

(b) The nutritional value of the fats, nonfat solids, vitamins, minerals or other ingredients affecting the food value of the product; and

(c) The degree of sanitation maintained for buildings, equipment and personnel involved in the production, processing and distribution of the product.

(3) A person shall not sell or offer for sale an imitation milk product that does not conform to a standard of quality and identity established by the department.

NOTE: Adds requisite conjunction in (2)(b).

SECTION 374. ORS 622.290 is amended to read:

622.290. (1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the State Department of Agriculture. Fees and taxes become delinquent 30 days after the end of the quarter.

[(a)] (2) Use taxes shall be in the amount of 10 cents per gallon of oysters if sold by the gallon, 10 cents per bushel of oysters if sold in the shell by the bushel or one cent per dozen oysters if sold by the dozen.

[(b)] (3) Use taxes shall be in the amount of one-half cent per pound of clams or mussels sold.

[(c)] (4) The annual cultivation fee shall be in the amount of $4 for each acre claimed pursuant to chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

[(2)] (5) Annual cultivation fees and use taxes shall be assessed in lieu of property taxes, lease fees or rental charges for the use of lands upon which oysters, clams or mussels are grown and harvested.

NOTE: Conforms structure to legislative style.

SECTION 375. ORS 624.010 is amended to read:

624.010. As used in ORS 624.010 to 624.120, unless the context requires otherwise:

(1) “Bed and breakfast facility” means any establishment located in a structure designed for a single family residence and structures appurtenant thereto, regardless of whether the owner or operator of the establishment resides in any of the structures, that:

(a) Has more than two rooms for rent on a daily basis to the public; and

(b) Offers a breakfast meal as part of the cost of the room.

(2) “Department” means the Department of Human Services.

(3) “Director” means the Director of Human Services.

(4) “Limited service restaurant” means a restaurant serving only individually portioned prepackaged foods prepared from an approved source by a commercial processor and nonperishable beverages.

(5) “Restaurant” includes any establishment where food or drink is prepared for consumption by the public or any establishment where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments that prepare food or drink in consumable form for service outside the premises where prepared, but does not include railroad dining cars, bed and breakfast facilities or temporary restaurants [as defined in subsection (6) of this section].

(6) “Temporary restaurant” means any establishment operating temporarily in connection with any fair, carnival, circus or similar public gathering or entertainment, food product promotion or any other event where food is prepared or served for consumption by the public. “Temporary restaurant” does not include:

(a) An establishment where food is prepared and served by a fraternal, social or religious organization only to its own members and guests.

(b) An approved school lunchroom where food is prepared and served for school and community activities, where the preparation and service are under the direction of the school lunchroom supervisor.

(c) A food product promotion where only samples of a food or foods are offered to demonstrate the characteristics of the food product. For the purposes of this paragraph, a sample shall not include a meal, an individual hot dish or a whole sandwich.

(d) A private residence, or part thereof, including the grounds, areas and facilities held out for the use of the occupants generally, for which a temporary sales license is issued under ORS 471.190 for a period not exceeding one day.

NOTE: Deletes redundant provision in (5).

SECTION 376. ORS 624.530 is amended to read:

624.530. (1) Notwithstanding any provision of ORS 624.010 to 624.120 or 624.310 to 624.430 or statutes administered by the State Department of Agriculture, the Director of Human Services and the Director of [the department] Agriculture jointly shall adopt rules and enter into interagency agreements necessary to [insure] ensure that only one of the agencies inspects and licenses any facility that is subject to regulation by both agencies.

(2) The rules and agreements entered into pursuant to subsection (1) of this section shall be written so as to encourage delegation of jurisdiction over facilities to local governments pursuant to ORS 624.510.

NOTE: Sets out full title for clarity and corrects word choice in (1).

SECTION 377. ORS 624.990 is amended to read:

624.990. (1) Violation of any provision of ORS 624.010 to 624.120 or rules of the [division] Department of Human Services promulgated under ORS 624.010 to 624.120 is a Class C misdemeanor.

(2) Violation of any provision of ORS 624.310 to 624.430 or rules of the [division] department promulgated under ORS 624.310 to 624.430 is a Class B misdemeanor.

NOTE: Reflects statutory name change.

SECTION 378. ORS 632.705 is amended to read:

632.705. As used in ORS 632.705 to 632.815:

(1) “Adulterated” has the same meaning as set forth in ORS 616.235.

(2) “At retail” means a sale or transaction between a retailer and a consumer.

(3) “Bulk sale” means the sale of eggs in containers other than consumer containers.

(4) “Candling” means the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.

(5) “Consumer” means any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking.

(6) “Consumer container” means a container in which eggs are packed for sale to consumers.

(7) “Container” means any box, case, basket, carton, sack, bag or other receptacle.

(8) “Department” means the State Department of Agriculture.

(9) “Egg handler” means any person who contracts for or obtains possession or control of any eggs for:

(a) Sale to another egg handler or a retailer; or

(b) Processing and sale to another egg handler, a retailer or a consumer.

(10) “Egg products” means the white, yolk, or any part of eggs, in liquid, frozen, dried, or any other form, used, intended or held for use, in the preparation of, or to be a part of or mixed with, food or food products, for human consumption, excepting products which contain eggs only in a relatively small proportion or historically have not been in the judgment of the department considered by consumers as products of the egg industry.

(11) “Eggs” or “shell eggs” means eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl.

(12) “Federal Act” means the federal Egg Products Inspection Act, 21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.

(13) “Labeling” has the [same] meaning [as set forth] given that term in ORS 616.205 [(12)] (13).

(14) “Lot” means an identifiable and certain quantity, group or shipment of one grade or size of eggs of a particular producer, egg handler or retailer. Such identification and certainty may be determined by the department by container labeling of codes, numbers or dates, or invoices containing such data.

(15) “Misbranded” has the same meaning as set forth in ORS 616.250.

(16) “Pasteurize” means the subjecting of each particle of egg products to heat or other treatments to destroy harmful viable microorganisms, by such processes as may be prescribed by the department.

(17) “Processing” means manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products.

(18) “Retailer” means any person who sells eggs to a consumer.

(19) “Sell” or “sale” means to sell, offer for sale, expose for sale, or have in possession for sale.

NOTE: Conforms syntax to legislative style and corrects subsection reference in (13); see section 363 (amending 616.205).

SECTION 379. ORS 632.786 is amended to read:

632.786. No person shall:

(1) Sell eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced;

(2) Fail to pay the fees or obtain the permit required by ORS 632.741;

(3) Fail to furnish the invoices required by ORS 632.745;

(4) As an egg handler, use any egg container unless it is labeled as required by ORS 632.771;

(5) As a retailer, sell eggs from a bulk display without the displaying of the placard required by ORS 632.771 (3);

(6) Deliver or sell eggs for human consumption that have been incubated or have been in either an artificial or natural incubator;

(7) Deliver or sell for human consumption ova from slaughtered birds of any [specie] species;

(8) Sell any eggs or egg products that are adulterated or misbranded;

(9) Sell any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the State Department of Agriculture or the federal Act [for fresh eggs];

(10) Sell egg products for human consumption unless they have been pasteurized, nor as a food processor purchase egg products that have not been pasteurized;

(11) Advertise eggs or egg products in violation of the standards or requirements prescribed by the department;

(12) Otherwise violate any of the provisions of ORS 632.705 to 632.815; or

(13) Use containers in the bulk sale of eggs that bear the trademark of another egg handler without the consent of the registrant of such trademark. The provisions of ORS 632.275 to 632.290 shall apply to bulk sale containers of eggs in the same manner as they apply to containers for canning tree fruits, vegetables and small fruits.

NOTE: Corrects nonstandard usage in (7); tinkers with syntax in (9).

SECTION 380. ORS 632.910 is amended to read:

632.910. (1) In establishing, under any law of this state, any grades, standards or classifications for any horticultural or agricultural products, the State Department of Agriculture, in addition to [such] other factors as may be specified by [such] law, shall take into account and base [such] the grades, standards or classifications upon [such of] the following factors [as] that are applicable to the product involved:

(a) Degree of maturity;

(b) Size, measured by dimensions or weight;

(c) Degree of freshness, as determined by physical examination or chemical test or analysis;

(d) Moisture content;

(e) Uniformity;

(f) Color;

(g) Firmness;

(h) Tenderness;

(i) Freedom from injury;

(j) Freedom from insect pests;

(k) Diseases;

(L) Appearance;

(m) Freedom from mixture with other varieties;

(n) Freedom from noxious weeds or weed seeds;

(o) Freedom from decay;

(p) Conformation;

(q) Soundness;

(r) Varietal characteristics or type;

(s) Number of specimens per pound;

(t) Nature of pack;

(u) Presence of dirt or other foreign material;

(v) Condition as to temperature and extent to which the product is hot or heating or is in a sour condition;

(w) Extent to which commodity is satisfactory for human or other consumption or use, as the case may be;

(x) Extent to which the product has been affected by handling or treatment;

(y) Extent to which the product has a commercially objectionable odor or flavor; and

(z) Other factors indicative of quality or condition, and the value or suitability of the commodity involved for the commercial or other use to be made thereof.

(2) In addition, the department shall take into account any grades, standards or classifications for [such] a product established by the United States Department of Agriculture and also applicable federal grades and standards laws.

NOTE: Conforms structure and syntax to legislative style.

SECTION 381. ORS 632.990 is amended to read:

632.990. (1) Violation of any provision of ORS 632.705 to 632.815 is punishable, upon conviction, by a fine of not less than $10 nor more than $100 for the first offense, and for each subsequent offense by a fine of not less than $25 nor more than $200.

(2) Violation of ORS 632.216 or 632.226 is punishable, upon conviction, by a fine of not less than $10 nor more than $100 or by imprisonment in the county jail for not less than 10 nor more than 30 days, or both.

(3) Violation of any provision of ORS 632.405 to 632.430 is a Class D violation.

(4) Violation of ORS 632.625 is punishable, upon conviction, by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 10 nor more than 30 days, or both.

(5) Violation of any provision of ORS 632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 or of any rule promulgated pursuant thereto is punishable as provided in ORS 616.992.

NOTE: Adds (5) to steer reader to penalty provisions outside of chapter.

SECTION 382. ORS 633.511 is amended to read:

633.511. As used in ORS 633.511 to 633.750 [and 633.996]:

(1) “Agricultural seed” means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any of such seeds, as may be determined by the Director of Agriculture.

(2) “Certified,” as applied to bulblets, tubers or horticultural plants or to agricultural, vegetable or cereal grain seed, means inspected and labeled by and in accordance with the standards and rules and regulations adopted by the dean under ORS 633.620 or in accordance with similar standards established by some similar regularly constituted authority in another state or country.

(3) “Conditioner” means any person who cleans, blends, bags or stores seed.

(4) “Dean” means the dean of the College of Agricultural Sciences of Oregon State University, or agent.

(5) “Director” means the Director of Agriculture, or agent.

(6) “Inert matter” includes stones, dirt, leafage, stems, badly broken seed and masses of spores.

(7) “Labeling” includes all labels and other printed, written or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

(8) “Mixed seed” and “mixture” mean any lot of seed that contains in excess of five percent by weight of each of two or more kinds or varieties of agricultural or vegetable seed.

(9) “Other crop seed” means that part of any lot or sample of seed that consists of the seed of cereal grain and agricultural and vegetable seeds other than those named on the label.

(10) “Percentage of germination” means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test as prescribed pursuant to ORS 633.580.

(11) “Percentage of hard seed” means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test as prescribed pursuant to ORS 633.580.

(12) “Prohibited noxious weed seed” means the seed of weeds which when established are highly destructive, competitive and difficult to control by ordinary good cultural practice.

(13) “Pure seed” means the agricultural or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample and, in the case of mixtures, includes any agricultural or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, as distinguished from other crop seed, weed seed and inert matter.

(14) “Restricted noxious weed seed” means the seed of such weeds as are very objectionable in fields, lawns and gardens but can be controlled by good cultural practice.

(15) “Retailer” means any person who sells, offers or holds for sale, agricultural or vegetable seed to ultimate consumers or users for planting purposes.

(16) “Vegetable seed” means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.

(17) “Weed seed” means any seed or bulblets other than agricultural, vegetable or cereal grain seed.

[(16)] (18) “Wholesaler” means any person who sells, offers or holds for sale, agricultural or vegetable seed to retailers, distributors, brokers or other wholesalers for resale.

[(17) “Vegetable seed” means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.]

[(18) “Weed seed” means any seed or bulblets other than agricultural, vegetable or cereal grain seed.]

NOTE: Deletes inappropriate reference to penalty section in lead-in; alphabetizes definitions.

SECTION 383. ORS 633.640 is amended to read:

633.640. For the purposes of performing the duties assigned to the dean, in carrying out ORS 633.511 to 633.750 [and 633.996], the dean may employ necessary assistance and delegate to such assistants, analysts and inspectors so employed the duties assigned to the dean by those sections.

NOTE: Deletes inappropriate reference to penalty section.

SECTION 384. ORS 633.651 is amended to read:

633.651. (1) No person shall sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural or vegetable seed:

(a) That except as provided in ORS 633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541;

(b) That bears a label that is false or misleading;

(c) That contains any prohibited noxious weed seeds;

(d) That contains restricted noxious weed seeds in excess of the permissible numbers per pound established under ORS 633.561 or 633.571 (2);

(e) That has not been tested within the 18 months next preceding such sale, offering for sale, exposure for sale or transportation, not including the calendar month in which the test was completed, to determine the percentage of germination for the labeling requirements of ORS 633.520, 633.531 and 633.541. The Director of Agriculture may, pursuant to the authority of ORS 633.680, establish by order a shorter period for kinds of seed which the director finds under ordinary conditions of handling will not maintain a germination within the established limits of tolerance during an 18-month period, or longer period for kinds of such seed which are packaged in such container materials and under such conditions as the director may determine will, during such longer period, maintain the viability of the seed under ordinary conditions of handling. Any person in possession of seeds shall keep on file available for [department] State Department of Agriculture inspection the original or duplicate copy of the latest test made of such seeds which shall show, in addition to the information required by the provisions of this section, the date and the name of the person making such test; or

(f) That, if it is a variety for which a certificate of plant variety protection under the federal Plant Variety Protection Act specifies sale only as a class of certified seed, is sold or exposed for sale by variety name but has not been so certified by any official seed certifying agency. However, seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of, the owner of the variety.

(2) No person shall substitute uncertified for certified seed.

(3) No person shall use tags or seals indicating certification other than as prescribed by a certification agency, as authorized by ORS 633.620 or 633.511 (2).

(4) Unless the tuber, horticultural plant or agricultural, vegetable or cereal grain seed has been produced, tested, examined and labeled in accordance with ORS 633.511 to 633.750 [and 633.996] and the rules and regulations of this state or the official certification agency of another state, territory or country, no person shall:

(a) Sell, offer for sale, expose for sale, advertise or transport any such tuber, plant or seed representing it to be certified; or

(b) Use in connection with such tuber, plant or seed any tags or seals similar to those used in official certification, as established pursuant to ORS 633.620 or 633.511 (2).

(5) No person shall alter or falsify any seed labels, seed tests, records or other documents pertaining to seed dealings.

NOTE: Sets out full title of department in (1)(e); deletes inappropriate reference to penalty section in (4).

SECTION 385. ORS 633.670 is amended to read:

633.670. (1) In the enforcement of ORS 633.511 to 633.750 and 633.996, the Director of Agriculture, deputies of the director, inspectors or samplers may:

(a) Enter during regular business hours any store, warehouse, mill, cleaning or storage place, depot or other structure, freight car or other vehicle, in which agricultural or vegetable seeds are being sold or offered for sale, stored, handled or transported.

(b) Either alone or in the presence of a representative or employee of the person whose premises are so entered, examine and inspect any agricultural or vegetable seeds being possessed, sold, offered or exposed for sale for planting purposes, in this state, for their compliance with those sections.

(c) Draw or cause to be drawn a representative sample of any lot of such seed for official testing and analysis or, in the case of individually packaged seeds, select a number of such packages as a representative sample.

(d) Examine any records or documents pertaining to any seed being sold or offered for sale, or records pertaining to any seed that has previously been sold or any other records involved in seed dealings.

(2) Any sample so drawn may represent any lot, or portion of such lot, of such seed which shall be divided, at the request of the owner or person in charge, into two approximately duplicate samples, each of which shall be properly identified, labeled and sealed in accordance with the rules and regulations adopted under ORS 633.680. One of the samples shall be transmitted to the agricultural experiment station seed laboratory at Oregon State University for official testing for regulatory purposes. The other sample shall be tendered to the representative of the organization from whose structure or vehicle the sample was taken.

(3) The director may seize any container of agricultural or vegetable seed possessed, sold, offered or exposed for sale for planting purposes in this state that appears to be in violation of any of the provisions of ORS 633.511 to 633.750 [and 633.996], and proceed in the manner directed by law for the disposal of products seized by the [department] State Department of Agriculture.

(4) Any sample taken under those sections, and the report showing the results of the official test made on any such sample, shall be prima facie evidence in any court in this state of the true condition of the entire lot, in the examination of which the sample was taken.

(5) A copy of the result of any such test shall be mailed to the person or authorized representative, if known, owning, possessing or holding the seed from which the sample was drawn.

(6) The director may cause to be published in the official paper or bulletin of the department a report of all seed inspection work done for regulatory purposes and shall indicate in the report:

(a) The name and address of each person whose seed was inspected.

(b) The total number of such inspections.

(c) The number and kind of seeds of which samples were inspected and tested.

(d) The number or a list of samples complying with ORS 633.511 to 633.750 [and 633.996].

(e) A detailed list showing kinds of seed and the nature of violations of any of the provisions of those sections as found in the inspection and testing of any such seeds belonging to any such person.

NOTE: Deletes inappropriate references to penalty section in (3) and (6)(d); sets out full title of department in (3).

SECTION 386. ORS 633.690 is amended to read:

633.690. (1) The director may place a quarantine on all agricultural or vegetable seed entering this state from any outside source. However, seed labeled in accordance with ORS 633.520, 633.531 and 633.541 shipped into the state by any person holding an Oregon license in full force shall not necessarily be quarantined; and any such seeds in tight containers in transit directly through this state, to points outside this state, shall not be subject to quarantine. Any such seeds from outside this state, that are destined to points in this state for conditioning purposes, for later use in this state, or for shipment from this state, shall be held under quarantine until such seeds comply with ORS 633.511 to 633.750 [and 633.996].

(2) The director may draw necessary samples of such seed and hold such seed until the necessary tests are completed and arrangements for the disposition of the seed are consummated. If the seed is found to be in compliance with those sections it shall be immediately released. If the seed is found to be in violation of any part of those sections, the director shall so notify the shipper and, unless the director is instructed to return such seed within 30 days or unless such seed is put in condition to comply with the provisions of those sections and all costs covering such inspection and seizure are paid, the director shall cause the seed to be destroyed.

NOTE: Deletes inappropriate reference to penalty section in (1).

SECTION 387. ORS 633.700 is amended to read:

633.700. (1) No person may sell, offer or expose for sale in this state any agricultural or vegetable seeds unless the person holds an unsuspended license issued by the [department] State Department of Agriculture. However, any person selling seeds of the person's own production exclusively, and persons selling only vegetable seeds at retail, in packages weighing not in excess of one-half pound, as prepared for such trade by other seed companies, if the seed company preparing such packaged seed for sale, has a license in force for the sale of such seed in this state, is not required to secure such license. For the purposes of this section, persons operating more than one branch, plant or warehouse where seeds are sold, offered or exposed for sale shall secure a separate license for each such branch, plant or warehouse.

(2) Any person desiring to sell, offer or expose for sale in this state any agricultural or vegetable seeds, for planting purposes, except as provided in this section, shall make application to the director for a license for this purpose. The application shall be signed by the applicant or the authorized agent of the applicant and shall be in a form approved by the director. Upon presentation of such signed application for a license and the tendering of the license fee established by the department pursuant to subsection (3) of this section, the department shall issue the license to the applicant. The license shall expire June 30 next following the date of issuance.

(3) The department shall establish annual license fees, not to exceed $40 for a retailer's license and not to exceed $400 for a wholesaler's license. Only one license shall be required for one person's operation at one location.

NOTE: Sets out full title of department in (1).

SECTION 388. ORS 633.750 is amended to read:

633.750. All fees paid to the [department] State Department of Agriculture pursuant to ORS 633.511 to 633.750 [and 633.996], other than the fees and charges specified in ORS 633.610 and 633.630, shall be deposited in the Department of Agriculture Service Fund. All such moneys are continuously appropriated to the department for the purpose of carrying out those sections.

NOTE: Sets out full title of department; deletes inappropriate reference to penalty section.

SECTION 389. ORS 633.996 is amended to read:

633.996. (1) Any person who violates any provision of ORS 633.511 to 633.750 [and 633.996], a rule adopted pursuant thereto or the terms or conditions of any order issued by the State Department of Agriculture under ORS 633.511 to 633.750 [and 633.996] shall be subject to a civil penalty not to exceed $10,000 per violation.

(2) Each violation may be a separate and distinct offense, and in the case of a continuing violation, each day's continuance thereof may be deemed a separate and distinct offense.

(3) The department shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation.

(4) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(5) Any civil penalty received by the State Treasurer under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account and is continuously appropriated to the department for the administration and enforcement of the laws and rules under which the penalty was assessed.

NOTE: Deletes inappropriate references to penalty section in (1).

SECTION 390. ORS 634.142 is amended to read:

634.142. (1) The State Department of Agriculture shall issue or renew [its] a private applicator's certificate if the applicant or certificate holder meets the certification standards established by the department pursuant to ORS 634.306 (14).

(2) A fee, established by the department [not to exceed $25], shall be assessed for a private applicator's certificate or renewal thereof. The fee may not exceed $25. The time for which a certificate is valid shall be five years.

NOTE: Tweaks awkward syntax.

SECTION 391. ORS 634.660 is amended to read:

634.660. [On or before 12 months after September 29, 1991,] Each of the following state agencies or services shall implement integrated pest management practices when carrying out the agency's duties related to pest control:

(1) State Department of Agriculture, including the control of noxious weeds.

(2) State Department of Fish and Wildlife.

(3) Department of Transportation.

(4) State Parks and Recreation Department.

(5) State Forestry Department.

(6) Department of Corrections.

(7) Oregon Department of Administrative Services.

(8) The Division of State Lands.

(9) Each Oregon institution of higher education, for the institution's own building and grounds maintenance.

NOTE: Eliminates obsolete provision in lead-in.

SECTION 392. ORS 646.498 is amended to read:

646.498. (1) In addition to pursuing any other remedy, a consumer may bring a private cause of action to recover damages caused by a violation of any provision of ORS 646.482 to 646.498. The court shall award a consumer who prevails in such an action pecuniary loss and noneconomic damages, together with costs, disbursements, reasonable attorney fees and any equitable relief that the court determines is appropriate. Pecuniary loss caused by a violation of ORS 646.482 to 646.498 shall include collateral costs, beginning at the time of the violation, whether or not the consumer acquired the rights provided by ORS 646.488. If a consumer has submitted a dispute arising under ORS 646.482 to 646.498 to a dispute resolution procedure as described in ORS 646.494, the consumer may not bring a private cause of action under this section relating to that dispute until a decision resulting from the dispute resolution procedure has been issued or until the consumer has withdrawn the dispute from the dispute resolution procedure.

(2) If a consumer appeals to a court from a decision resulting from the dispute resolution procedure described in ORS 646.494 because the consumer was not granted one of the remedies by ORS 646.482 to 646.498, and the consumer is granted one of the remedies by the court, the consumer [who prevails under this subsection] shall be awarded:

(a) Up to three times the amount of any damages awarded if the court finds that the party opposing the consumer did not act in good faith in the dispute resolution procedure;

(b) Reasonable attorney fees; and

(c) Any fees incurred in the dispute resolution procedure and any judicial action.

(3) If the party opposing the consumer is the prevailing party in an action brought under subsection (1) or (2) of this section, the party opposing the consumer shall be entitled to reasonable attorney fees if the court finds the action to have been frivolous.

(4) Any action brought under this section shall be commenced during the period beginning one year after the date the assistive device was originally delivered to the consumer and ending two years later.

NOTE: Deletes redundant provision in (2).

SECTION 393. ORS 648.125 is amended to read:

648.125. In accordance with any applicable provisions of ORS 183.310 to 183.550, the Secretary of State may [make such reasonable] adopt rules [and regulations as are] the secretary considers necessary or proper for the administration of this chapter.

NOTE: Conforms syntax to legislative style.

SECTION 394. ORS 652.390 is amended to read:

652.390. (1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner's penalties[; and].The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements incurred in the prosecution thereof.

(2) The commissioner may charge a claimant on a wage claim for which the commissioner has obtained a judgment the actual collection fees charged to the Bureau of Labor and Industries by any other governmental agency assisting in the collection of the judgment.

(3) The commissioner is authorized to assign wage claim judgments and orders issued pursuant to ORS 652.332 for collection or to obtain assistance in collection of such judgments and orders and may deduct and pay out from any moneys so collected[,] a collection fee.

NOTE: Corrects punctuation in (1) and (3).

SECTION 395. ORS 652.435 is amended to read:

652.435. Whenever a labor bureau in another state, which has entered into a reciprocal agreement under ORS 652.425 with the Commissioner of the Bureau of Labor and Industries and the agreement is in effect at the time, takes an assignment of a wage claim from an employee residing in the other state for services rendered in the other state to an employer or former employer who has removed to Oregon, the Commissioner of the Bureau of Labor and Industries may take an assignment of the wage claim from such labor bureau and enforce the collection thereof as provided in the applicable provisions of ORS [652.330] 652.310 to 652.414.

NOTE: Expands series to include applicable definition sections.

SECTION 396. ORS 652.500 is amended to read:

652.500. Whenever the business or property of any person, company or corporation in this state shall be placed by any court in this state in the hands of a receiver, whether upon foreclosure or creditor's bill, the receiver shall report immediately to the court appointing the receiver[,] the amount due by the person, company or corporation, at the date of the receiver's appointment, to employees and laborers of the person, company or corporation. The court shall order the receiver to pay out of the first receipts and earnings of such person, company or corporation, after paying current operating expenses under the administration of the receiver, the wages of all employees and laborers [which] that had accrued within six months prior to the appointment of the receiver. The court also shall order [such] the receiver to pay the wages of all employees and laborers employed by the receiver, at least once every 30 days, out of the first receipts and earnings of [such] the person, company or corporation while under the management of the receiver[; but]. However, should the receiver not take in sufficient money from receipts and earnings to pay the employees and laborers at least once every 30 days, [then] the receiver shall issue and deliver to each of the employees and laborers, upon demand, a receiver's certificate, showing the amount due the employee or laborer in money, which certificate will draw interest at the rate of eight percent per annum from the date of issuance until paid. The receiver shall thereafter pay such certificates, in the order of their issuance, out of the first money coming into the receiver's hands from the receipts and earnings of the properties under the charge of the receiver.

NOTE: Corrects punctuation; conforms syntax to legislative style.

SECTION 397. ORS 652.510 is amended to read:

652.510. (1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state, or [where their] when the business or property is placed in the hands of a receiver, or whenever any assignment for the benefit of creditors under the laws of this state is made, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding $2,000 to each employee for work or labor performed within 90 days next preceding the seizure or transfer or assignment of such property, or appointment of said receiver shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall first be paid in full, and if there is not sufficient to pay them in full, their claims shall be paid pro rata, after paying costs.

(2) Any such laborer or employee desiring to enforce the claim of the laborer or employee for wages under ORS 652.510 to 652.570 shall present a statement under oath showing the amount due after allowing all just credits and setoffs, the kind of work for which said wages are due and when performed, to the officer or person charged with the execution of said process, within 30 days after the seizure thereof on any execution or writ of attachment, or to such receiver or assignee within 45 days after the same may have been placed in the hands of any such assignee or receiver.

NOTE: Corrects grammar in (1).

SECTION 398. ORS 653.010 is amended to read:

653.010. As used in ORS 653.010 to 653.261, unless the context requires otherwise:

[(1) “Average weekly wage” means the average weekly wage of workers in covered employment in Oregon, as determined by the Employment Department for the preceding fiscal year.]

[(2)] (1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.

[(3)] (2) “Employ” includes to suffer or permit to work[; however, “employ:Q2ENB.] but does not include voluntary or donated services performed for no compensation or without expectation or contemplation of compensation as the adequate consideration for the services performed for a public employer referred to in subsection [(4)] (3) of this section, or a religious, charitable, educational, public service or similar nonprofit corporation, organization or institution for community service, religious or humanitarian reasons or for services performed by general or public assistance recipients as part of any work training program administered under the state or federal assistance laws.

[(4)] (3) “Employer” means any person who employs another person including the State of Oregon or a political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

[(5)] (4) “Minor” means any person under 18 years of age.

[(6)] (5) “Occupation” means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.

[(7)] (6) “Organized camp” means a day or resident camp, whether or not operated for profit, established to give campers recreational, creative, religious or educational experience in cooperative group living wherein the activities are conducted on a closely supervised basis, whether or not the camp is used primarily by an organized group or by members of the public and whether or not the activities or facilities are furnished free of charge or for the payment of a fee.

[(8)] (7) “Outside salesperson” means any employee who is employed for the purpose of and who is customarily and regularly engaged away from the employer's place or places of business in making sales, or obtaining orders, or obtaining contracts for services and whose hours of work of any other nature for the employer do not exceed 30 percent of the hours worked in the workweek by the nonexempt employees of the employer.

[(9)] (8) “Piece-rate” means a rate of pay calculated on the basis of the quantity of the crop harvested.

[(10)] (9) “Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by 2,080 hours per year, then divided by 12 months.

[(11)] (10) “Wages” means compensation due to an employee by reason of employment, payable in legal tender of the United States or check on banks convertible into cash on demand at full face value, subject to such deductions, charges or allowances as are permitted in ORS 653.035.

[(12)] (11) “Work time” includes both time worked and time of authorized attendance.

NOTE: Deletes idle definition; conforms punctuation to legislative style and adjusts internal reference in (2).

SECTION 399. ORS 656.054 is amended to read:

656.054. (1) A compensable injury to a subject worker while in the employ of a noncomplying employer is compensable to the same extent as if the employer had complied with this chapter. The Director of the Department of Consumer and Business Services shall refer the claim for such an injury to an assigned claims agent within 60 days of the date the director has notice of the claim. At the time of referral of the claim, the director shall notify the employer in writing regarding the referral of the claim and the employer's right to object to the claim. A claim for compensation made by such a worker shall be processed by the assigned claims agent in the same manner as a claim made by a worker employed by a carrier-insured employer, except that the time within which the first installment of compensation is to be paid, pursuant to ORS 656.262 (4), shall not begin to run until the director has referred the claim to the assigned claims agent. At any time within which the claim may be accepted or denied as provided in ORS 656.262, the employer may request a hearing to object to the claim. If an order becomes final holding the claim to be compensable, the employer is liable for all costs imposed by this chapter, including reasonable attorney fees to be paid to the worker's attorney for services rendered in connection with the employer's objection to the claim.

(2) Whenever a subject worker suffers a compensable injury while in the employ of a noncomplying employer, the director shall, after an order closing the claim has become final, serve upon the employer a notice of proposed penalty to be assessed pursuant to ORS 656.735 (3).

(3) In addition to, and not in lieu of, any civil penalties assessed pursuant to ORS 656.735, all costs to the Workers' Benefit Fund incurred under subsection (1) of this section shall be a liability of the noncomplying employer. Such costs include compensation, disputed claim settlements pursuant to ORS 656.289 and claim disposition agreements pursuant to ORS 656.236, whether or not the noncomplying employer agrees and executes such documents, reasonable administrative costs and claims processing costs provided by contract, attorney fees related to compensability issues and any attorney fees awarded to the claimant, but do not include assessments for reserves in the Workers' Benefit Fund. The director shall recover such costs from the employer. The director periodically shall pay the assigned claims agent from the Workers' Benefit Fund for any costs the assigned claims agent incurs under this section in accordance with the terms of the contract. When the director prevails in any action brought pursuant to this subsection, the director is entitled to recover from the noncomplying employer court costs and attorney fees incurred by the director.

(4) Periodically, or upon the request of a noncomplying employer in a particular claim, the director shall audit the files of the State Accident Insurance Fund Corporation and any assigned claims agents to validate the amount reimbursed pursuant to subsection (3) of this section. The conditions for granting or denying of reimbursement shall be specified in the contract with the assigned claims agent. The contract at least shall provide for denial of reimbursement if, upon such audit, any of the following are found to apply:

(a) Compensation has been paid as a result of untimely, inaccurate, or improper claims processing;

(b) Compensation has been paid negligently for treatment of any condition unrelated to the compensable condition;

(c) The compensability of an accepted claim is questionable and the rationale for acceptance has not been reasonably documented in accordance with generally accepted claims management procedures;

(d) The separate payments of compensation have not been documented in accordance with generally accepted accounting procedures; or

(e) The payments were made pursuant to a disposition agreement as provided by ORS 656.236 without the prior approval of the director.

(5) The State Accident Insurance Fund Corporation and any assigned claims agent may appeal any disapproval of reimbursement made by the director under this section pursuant to ORS 183.310 to 183.550 and such procedural rules as the director may prescribe.

(6) Claims of injured workers of noncomplying employers may be assigned and reassigned by the director for claims processing regardless of the date of the worker's injury.

(7) In selecting an assigned claims agent, the director must consider the assigned claims agent's ability to deliver timely and appropriate benefits to injured workers, the ability to control both claims cost and administrative cost and such other factors as the director considers appropriate.

(8) If no qualified entity agrees to be an assigned claims agent, the director may require one or more of the three highest premium producing insurers to be assigned claims agents. Notwithstanding any other provision of law, the director's selection of assigned claims agents shall be made at the sole discretion of the director. Such selections shall not be subject to review by any court or other administrative body.

(9) Any assigned claims agent, except the State Accident Insurance Fund Corporation, may employ legal counsel of its choice for representation under this section, provided the counsel selected is authorized by the Attorney General to act as a special assistant attorney general.

(10) As used in this section, “assigned claims agent” means an insurer, casualty adjuster or a third party administrator with whom the director contracts to manage claims of injured workers of noncomplying employers.

NOTE: Corrects title of corporation in (9).

SECTION 400. ORS 657.048 and 657.053 are added to and made a part of ORS 657.045 to 657.094.

NOTE: Adds sections to appropriate series.

SECTION 401. ORS 657.321 is amended to read:

657.321. As used in ORS 657.321 to 657.329 unless the context requires otherwise:

(1) “Extended benefit period” means a period [which] that:

(a) Begins with the third week after a week for which there is a state “on” indicator; and

(b) Ends with [the latter occurrence of the following:]

[(A)] the third week after the first week for which there is a state “off” indicator[;] or

[(B)] the 13th consecutive week of such period, whichever occurs later.

(2) Notwithstanding the provisions of subsection (1) of this section, no extended benefit period may begin by reason of a state “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.

(3) There is a state “on” indicator for any week for which the Director of the Employment Department determines in accordance with regulations of the United States Secretary of Labor that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted):

(a) Equaled or exceeded five percent and equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week periods ending in each of the preceding two calendar years;

(b) Equaled or exceeded six percent; or

(c) With respect to benefits for weeks of unemployment beginning after March 6, 1993:

(A) The average rate of total unemployment (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6.5 percent; and

(B) The average rate of total unemployment in the state (seasonally adjusted), as determined by the United States Secretary of Labor, for the three-month period referred to in subparagraph (A) of this paragraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.

(4) There is a state “off” indicator for any week for which the director determines in accordance with regulations of the United States Secretary of Labor that for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subsection (3) of this section results in an “on” indicator.

(5) “Rate of insured unemployment,” for the purpose of subsections (3) and (4) of this section, means the percentage derived by dividing:

(a) The average weekly number of regular continued weeks of unemployment claimed by individuals in this state with respect to the most recent 13-consecutive-week period, as determined by the director on the basis of reports to the United States Secretary of Labor, by

(b) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters before the end of such 13-week period.

(6) “Regular benefits” means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits.

(7) “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this chapter for weeks of unemployment in the individual's eligibility period.

(8) “Eligibility period” of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

(9) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual's eligibility period:

(a) Has received prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in the current benefit year that includes such week (provided that an individual shall be deemed to have received all of the regular benefits that were available to the individual, although as a result of a pending appeal with respect to wages or employment that were not considered in the original monetary determination in the current benefit year, the individual may subsequently be determined to be entitled to added regular benefits); or

(b) The individual's benefit year having expired prior to such week, has no, or insufficient wages and employment to establish a new benefit year that would include such week; and

(c) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

(d) Has not received and is not seeking, or the appropriate agency has finally determined that the individual is not entitled to receive, unemployment benefits under the unemployment compensation law of Canada.

(10) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954, as amended.

(11) “High unemployment period” means any period during which an extended benefit period would be in effect if subsection (3)(c)(A) of this section were applied by substituting “eight percent” for “6.5 percent.”

NOTE: Corrects grammar in (1); recasts (1)(b) for clarity.

SECTION 402. ORS 657.331 is amended to read:

657.331. (1) As used in ORS 657.331 to 657.334:

(a) “Additional benefits” means benefits totally financed by the state and payable under this chapter to exhaustees by reason of conditions of high unemployment.

(b) “Additional benefit period” means a period not within an extended benefit period [which] that:

(A) Begins with the third week after a week for which there is a state additional benefits “on” indicator; and

(B)(i) Ends with the second week after the first week for which there is a state “on” indicator as defined in ORS 657.321 (3); or

[(C)] (ii) If there is no “on” indicator, ends with [the later occurrence of the following:]

[(i)] the third week after the first week for which there is a state additional benefits “off” indicator[;] or

[(ii)] the seventh consecutive week of such period, whichever occurs later.

(2) Notwithstanding the provisions of subsection (1)(b) of this section, no additional benefit period may begin by reason of a state additional benefit “on” indicator before the eighth week following the end of a prior additional benefit period which was in effect with respect to this state.

(3) There is a state additional benefit “on” indicator for any week for which the Director of the Employment Department determines that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) equaled or exceeded 4.5 percent.

(4) There is a state additional benefits “off” indicator for any week for which the director determines that, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) was less than 4.5 percent.

(5) For purposes of this section, the rate of insured unemployment shall have the same meaning as provided in ORS 657.321 (5).

NOTE: Corrects grammar in (1)(b); recasts (1)(b)(B) for clarity.

SECTION 403. ORS 657.333 is amended to read:

657.333. An employer's account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the [unemployment insurance trust fund] Unemployment Compensation Trust Fund an amount equal to the additional benefits paid to an unemployed individual under ORS 657.331 to 657.334.

NOTE: Provides proper title of fund.

SECTION 404. ORS 657.385 is amended to read:

657.385. (1) An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual's regular weekly benefit amount multiplied by the nearest full percentage of reduction of the individual's regular weekly hours of work, as set forth in the employer's plan. The benefit payment under ORS 657.370 to 657.390, if not a multiple of one dollar, shall be rounded to the nearest dollar, and an even one-half dollar shall be rounded to the next [highest] highermultiple of one dollar.

(2) The provisions of ORS 657.150 (6) shall not apply to earnings from the shared work employer of an individual eligible for payments under ORS 657.370 to 657.390 unless the resulting payment would be less than the regular benefit payment for which the individual would otherwise be eligible under ORS 657.150 (6) without regard to shared work unemployment insurance benefits.

(3) An individual shall be disqualified for benefits payable under ORS 657.370 to 657.390 for any week in which paid work is performed for the shared work employer in excess of the reduced hours as set forth in the approved plan.

(4) Except as otherwise provided by or inconsistent with ORS 657.370 to 657.390, all provisions of this chapter and the rules of the Director of the Employment Department apply to ORS 657.370 to 657.390. The director may adopt such rules as is deemed necessary to make distinctions and requirements to carry out the purposes of ORS 657.370 to 657.390.

NOTE: Corrects word choice in (1).

SECTION 405. ORS 657.552 is amended to read:

657.552. (1) Except in the case of failure without good cause to file a return, fraud or intent to evade any provision of this chapter or authorized regulations, every notice of assessment shall be given within four years after the last day of the month following the close of the calendar quarter during which the contribution liability included in the assessment accrued. An employer may waive this limitation period or may consent to its extension.

(2) In case of failure without good cause to file a return, every notice of assessment shall be given within eight years after the last day of the month following the close of the calendar quarter during which the contribution liability included in the assessment accrued. An employer may waive this limitation period or may consent to its extension.

(3) No action or suit shall be commenced to collect any amount of contributions, interest or penalties due under assessment unless such action or suit is commenced within three years from the date of the assessment, except in the case of fraud or intent to evade any provision of this chapter or authorized regulations, an action or suit may be commenced at any time.

(4) If the cause of action or suit accrues or has accrued against any employer who is out of the state or concealed therein, such action or suit may be commenced within three years after the return of [such] the employer into the state, or the time of the concealment of the employer has ended[; provided, however, actions to collect contributions, interest or penalties thereon which became due and payable prior to July 5, 1947, and suits to foreclose any lien therefor which is in existence on July 5, 1947, shall be commenced within three years after July 1, 1947].

NOTE: Conforms syntax to legislative style and deletes obsolete provision in (4).

SECTION 406. ORS 657.845 and 657.885 are added to and made a part of ORS chapter 657.

NOTE: Adds sections to appropriate chapter.

SECTION 407. ORS 660.126 is amended to read:

660.126. (1) Apprenticeship standards shall contain statements of:

(a) The apprenticeable occupation to be taught and a designation of the geographical area or areas in which the standards shall be applicable;

(b) The qualifications required of apprentice applicants and the minimum eligible starting age, which shall be at least 16 years unless a higher age is required by law;

(c) The outline of work processes in which the apprentice will receive supervised work experience and training on the job, and the allocation of the approximate time to be spent in each major process;

(d) The term required for completion of apprenticeship, which shall be consistent with requirements established by industry practice for the development of requisite skills, but in no event shall be less than 2,000 hours of reasonably continuous work experience;

(e) The approximate number of hours to be spent by the apprentice at work and the approximate number of hours to be spent in related and supplemental instruction;

(f) The minimum numeric ratio of journeymen to apprentices consistent with proper supervision, training, safety and continuity of employment, which shall be specifically and clearly stated as to application in terms of job site, workforce, department or plant;

(g) A probationary period reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of apprenticeship and with provision that during the probationary period, the apprenticeship agreement may be terminated without cause;

(h) A progressively increasing schedule, showing the percentages of the journeyman hourly wage to be paid the apprentice at each level of apprenticeship achieved;

(i) Such additional provisions as the State Apprenticeship and Training Council may, by rule, deem necessary or advisable to effectuate the policies and duties prescribed and imposed by this chapter; and

(j) The content of related training with training objectives.

(2) Notwithstanding subsection (1) of this section, the council may approve the inclusion of standards of additional provisions, or of provisions which depart from the requirements of subsection (1) of this section, where such standards or provisions have been submitted by joint employer and employee groups, or may be part of legitimate bargaining agreements between an employer and employees. The council, in making its decision, shall take into consideration the following factors:

(a) The possibility that the provision might result in curtailment of opportunities for apprentices to receive training or continuity of employment;

(b) The possibility that the provision might result in the diversion of needed qualified applicants for apprenticeship, and particularly of qualified applicants of protected classes, into unskilled or semiskilled jobs for which an adequate supply of labor already exists;

(c) The possibility that the provision might result in disputes among the participants in the programs such as might curtail the cooperation necessary to build an adequate, skilled labor force in the State of Oregon;

(d) The need to safeguard the health, safety, continuity of employment and welfare of the apprentices and to insure the public welfare;

(e) The need to raise the level of skill in each apprenticeable occupation to provide to the public quality goods and services at a fair price and adequate and skilled manpower for the defense of the nation; and

(f) The need for providing training in the licensed occupations for the protection of the apprentices and of the general public.

(3) The council shall adopt rules to allow a local committee to determine the circumstances under which an apprentice, working under ORS 479.510 to 479.945 [and 479.995] who has completed 6,500 hours of apprenticeship training, may work without direct supervision during the remainder of the apprenticeship.

NOTE: Eliminates inappropriate reference to penalty section in (3).

SECTION 408. ORS 663.005 is amended to read:

663.005. As used in this chapter, unless the context requires otherwise:

(1) “Board” means the Employment Relations Board.

(2) “Conciliator” means the head of the State Conciliation Service.

(3) “Employee” includes any employee, and is not limited to the employees of a particular employer unless this chapter explicitly states otherwise, and includes any individual whose work has ceased as a consequence of, or in connection with, a current labor dispute and who has not obtained any other regular and substantially equivalent employment, but does not include an individual:

(a) Employed in agricultural labor as defined in ORS 657.045;

(b) Employed by the parent or spouse of the individual;

(c) Employed in the domestic service of any family or person at home;

(d) Having the status of an independent contractor;

(e) Employed as a supervisor;

(f) Employed by an employer subject to the Railway Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188);

(g) Employed in the building and construction industry;

(h) Employed by any other person who is not an employer as defined in subsection (4) of this section; or

(i) Employed by an employer subject to the jurisdiction of the National Labor Relations Board under its existing jurisdictional standards, pursuant to the Labor Management Relations Act of 1947, as amended (29 U.S.C. 141 to 187).

(4) “Employer” includes any person acting as an agent of an employer, directly or indirectly, but does not include:

(a) The United States or any wholly owned government corporation, or any Federal Reserve Bank.

(b) This state, or any county, city or political subdivision or agency thereof.

(c) Any person subject to the Railway Labor Act, as amended (45 U.S.C. 151 to 163 and 181 to 188).

(d) Any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of a labor organization.

(e) Any person involved in the building and construction industry.

(f) Any person subject to the jurisdiction of the National Labor Relations Board under its existing jurisdictional standards, pursuant to the Labor Management Relations Act of 1947, as amended (29 U.S.C. 141 to 187).

(5) “Labor dispute” includes any controversy concerning terms, tenure or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

(6) “Labor organization” means an organization of any kind, or an agency or an employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

(7) “Professional employee” means:

(a) An employee engaged in work:

(A) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work;

(B) Involving the consistent exercise of discretion and judgment in its performance;

(C) Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;

(D) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual or physical processes; or

(b) An employee who:

(A) Has completed the courses of specialized intellectual instruction and study described in paragraph (a)(D) of this subsection[,]; and

(B) Is performing related work under the supervision of a professional person to qualify the employee to become a professional employee as defined in paragraph (a) of this subsection.

(8) “Representative” includes an individual or labor organization.

(9) “Supervisor” means any individual, other than a licensed professional or practical nurse, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(10) “Unfair labor practice” means any unfair labor practice listed in ORS 663.120 to 663.165.

NOTE: Reformats (7) to conform to legislative style.

SECTION 409. ORS 663.025 is amended to read:

663.025. (1) A petition may be filed with the Employment Relations Board, in accordance with regulations prescribed by the board:

(a) By an employee or group of employees, or any individual or labor organization acting in their behalf, alleging that a substantial number of employees:

(A) Wish to be represented for collective bargaining and that their employer declines to recognize their representative as the representative defined in ORS 663.015[,]; or

(B) Assert that the individual or labor organization [which] that has been certified or is being currently recognized by their employer as the bargaining representative[,] is no longer a representative as defined in ORS 663.015; or

(b) By an employer, alleging that one or more individuals or labor organizations have presented to the employer a claim to be recognized as the representative defined in ORS 663.015.

(2) The board shall investigate the petition and if, upon the basis of its findings, the board has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing before the board itself, a member thereof or its agent appointed for that purpose. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing. If the board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot marked at the place of election[,] and [to] certify the results thereof.

(3) In determining whether or not a question of representation exists, the same regulations and rules of decision apply irrespective of the identity of the persons filing the petition or the kind of relief sought.

(4) Nothing in this chapter prohibits the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules of decision of the board.

NOTE: Reformats (1) to conform to legislative style; corrects punctuation and grammar in (1)(a)(B) and (2).

SECTION 410. ORS 663.110 is amended to read:

663.110. Employees have the right to self-organization; to form, join or assist labor organizations; to bargain collectively through representatives of their own choosing; and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Employees also have the right to refrain from any or all of such activities except to the extent that this right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized by ORS 663.125. However, agreements involving union security including an all-union agreement or agency agreement must safeguard the rights of nonassociation of employees, based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member. Such employee must pay an amount of money equivalent to regular union dues and initiation fees and assessments, if any, to a nonreligious charity or to another charitable organization mutually agreed upon by the employee affected and the representative of the labor organization to which such employee would otherwise pay dues. The employee shall furnish written proof that this has been done. If the employee and representative of the labor organization do not reach agreement [of] on the matter, the Employment Relations Board shall designate such organization.

NOTE: Corrects syntax in last sentence.

SECTION 411. ORS 670.380 is amended to read:

670.380. (1) If the administrator determines that the standards, qualifications and examinations for licensing or registration of building trades and mechanical and specialty skills of another state are substantially similar to the standards, qualifications and examinations required under applicable Oregon statutes and rules administered by the agency as specified in ORS 455.100, the administrator with approval of the designated examining or advisory board may, when it is in the best interest of the economy of the State of Oregon, enter into a reciprocal agreement with such other state to issue without examination licenses or certificate of registration upon proof of licensing or registration in such other state and upon payment of appropriate fees.

(2) Reciprocal agreements may be terminated by the administrator with approval of the designated[,] examining or advisory board, upon a determination that the other party is not maintaining and enforcing standards, qualifications and examinations substantially similar to those of Oregon.

NOTE: Excises stray comma.

SECTION 412. ORS 671.085 is amended to read:

671.085. In addition to any other fee imposed by the State Board of Architect Examiners by rule, the [State Board of Architect Examiners] board may impose fees for the following:

(1) Registration.

(2) Renewal.

(3) Architectural Registration Examination, resident and nonresident, which shall not exceed the cost of administering the exam.

(4) Reciprocal application.

(5) Duplicate certificate.

(6) Corporation renewal.

(7) Corporation registration.

NOTE: Corrects grammar in lead-in.

SECTION 413. ORS 671.310 is amended to read:

671.310. As used in ORS 671.310 to 671.459, [671.950 and 671.992,] unless the context requires otherwise:

(1) “Board” means the State Landscape Architect Board.

(2) “Design” means layout, form and establishment of grades and tangible site features for services described in subsection (5) of this section.

(3) “Landscape architect” means an individual who engages in the practice of landscape architecture.

(4) “Landscape architect in training” means a person registered as a landscape architect in training under ORS 671.316 (3).

(5) “Landscape architecture” or the “practice of landscape architecture” means the performance of, or offer to perform, professional services that have the dominant purpose of landscape preservation, development and enhancement, including but not limited to reconnaissance, research, planning, landscape and site design, the preparation of related drawings, construction documents and specifications and responsible construction observation. “Landscape architecture” or the “practice of landscape architecture” includes the location, arrangement and design of tangible objects and features that are incidental and necessary for landscape preservation, development and enhancement.

(6) “Landscape preservation, development and enhancement” means:

(a) The preservation and aesthetic and functional enhancement of land uses and natural land features;

(b) The location and construction of aesthetically pleasing and functional systems, approaches and settings for structures, roadways and walkways or other improvements for natural drainage and erosion control;

(c) Design for trails, pedestrian systems, plantings, irrigation, site lighting, grading and drainage and other site features;

(d) Investigation, selection and allocation of land and water resources for appropriate uses;

(e) Feasibility studies;

(f) Formulation of graphic and written criteria to govern the planning and design of land conservation programs;

(g) Preparation, review and analysis of master plans for land use and development;

(h) Production of overall site plans, plans for grading, drainage, irrigation and planting, and related construction details;

(i) Development specifications, cost estimates and reports;

(j) Collaboration in the design of roads, bridges and structures with respect to the functional and aesthetic requirements of the areas where the roads, bridges and structures are to be placed;

(k) Negotiation and arrangement for execution of land area projects; and

(L) Field observation of land area construction, restoration and maintenance.

(7) “Registered landscape architect” means a person registered as a landscape architect under ORS 671.310 to 671.459[, 671.950 and 671.992].

(8) “Site features” means constructed surfaces, steps, retaining walls, fences, arbors, trellises, benches, decks, fountains, ponds, waterways, pools or other physical elements constructed or proposed for construction in the landscape.

NOTE: Removes inappropriate references to penalty sections in lead-in and (7).

SECTION 414. ORS 671.325 is amended to read:

671.325. (1) Any individual desiring to be registered as a landscape architect in this state shall make application to the State Landscape Architect Board 15 days prior to any meeting of the board upon such forms and in such manner as may be provided by the board. In addition to the qualifications required by ORS 671.310 to 671.459, [671.950 and 671.992,] each applicant shall be at least 18 years of age.

(2) Each applicant for a certificate of registration shall pay to the board the fee required under ORS 671.365.

NOTE: Deletes inappropriate reference to penalty sections in (1).

SECTION 415. ORS 671.338 is amended to read:

671.338. (1) Notwithstanding ORS 192.420:

(a) In addition to any exemption from disclosure provided under ORS 192.501 (4), State Landscape Architect Board examination materials, file records of examination grading and performance, transcripts from educational institutions, letters of inquiry, letters of reference and board inquiry forms[,] concerning applicants or registrants are confidential and may not be disclosed except as provided in paragraph (b) [or (c)] of this subsection or subsection (2) of this section.

(b) Investigatory information developed or obtained by the board is confidential and not subject to disclosure by the board unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board shall notify the registrant of the investigation. The public may obtain information confirming that an investigation is being conducted and describing the general nature of the matter being investigated.

[(c)] (2) The board may appoint an advisory committee to conduct an investigation described under [paragraph (b) of this] subsection (1)(b) of this section on behalf of the board. Investigatory information developed or obtained by an advisory committee is confidential unless a notice is issued for a contested case hearing or the matter investigated is finally resolved by board action or a consent order. The board may discuss in open session matters that are being reviewed by an advisory committee, but may not disclose confidential information into the public record.

[(2)] (3) Notwithstanding any confidentiality established under subsection (1) or (2) of this section, if the board or an advisory committee meets in executive session to discuss an investigation, the board or committee may permit other public officials and members of the press to attend the executive session. Notwithstanding ORS 192.610 to 192.690, the public officials and members of the press attending the executive session may not disclose information discussed by the board or committee during the session until the information ceases to be confidential under subsection (1) or (2) of this section.

NOTE: Restructures section to correct lead-in problem.

SECTION 416. ORS 671.365 is amended to read:

671.365. The State Landscape Architect Board may establish by rule the amounts for fees to be charged and collected under ORS 671.310 to 671.459[, 671.950 and 671.992]. The fees shall include, but are not limited to:

(1) An examination fee.

(2) A fee for original registration of out-of-state landscape architect under ORS 671.345.

(3) A fee for issuance of original registration under ORS 671.335.

(4) A fee for issuance of a duplicate certificate of registration.

(5) A fee for renewal of registration under ORS 671.376.

(6) A late renewal fee under ORS 671.376.

NOTE: Eliminates inappropriate reference to penalty sections in lead-in.

SECTION 417. ORS 671.393 is amended to read:

671.393. The State Landscape Architect Board shall cause to be prepared and shall by rule adopt a code of professional conduct which shall be known in writing to every landscape architect and applicant for registration under ORS 671.310 to 671.459[, 671.950 and 671.992]. This code shall be published in the roster of landscape architects. Such publication shall constitute due notice to all registrants. The board may revise and amend this code of conduct from time to time and shall promptly notify each registrant in writing of such revisions or amendments.

NOTE: Eliminates inappropriate reference to penalty sections.

SECTION 418. ORS 671.395 is amended to read:

671.395. (1) The State Landscape Architect Board may establish or approve programs of continuing education that contribute to the competency of landscape architects. The board may charge a fee for programs of continuing education it establishes.

(2) The board may require completion of a program of continuing education established or approved under this section as a condition for the issuance or renewal of registration as a landscape architect under ORS 671.310 to 671.459[, 671.950 and 671.992].

NOTE: Eliminates inappropriate reference to penalty sections in (2).

SECTION 419. ORS 671.404 is amended to read:

671.404. Subject to ORS 183.310 to 183.550, the State Landscape Architect Board may refuse to register any applicant, may refuse to renew the registration of any registered landscape architect or landscape architect in training, or may suspend for a period not exceeding one year or revoke the registration of any registered landscape architect or landscape architect in training if the board finds that the applicant or registrant is a person who:

(1) Has used dishonesty, fraud or deceit in obtaining or attempting to obtain registration under ORS 671.310 to 671.459, [671.950 and 671.992,] including but not limited to dishonesty, fraud or deceit in applying for registration, applying to sit for an examination or passing an examination.

(2) Is impersonating or has attempted to impersonate a registered landscape architect or a former registered landscape architect, or is practicing under an assumed or fictitious name.

(3) Is found by the board to have used dishonesty, fraud or deceit or to have been negligent, in the practice of landscape architecture.

(4) Has affixed the person's signature to plans, reports or other professional documents that have not been prepared by the person or under the person's immediate and responsible direction or has permitted the use of the person's name for the purpose of assisting any individual, not a registered landscape architect, to evade the provisions of ORS 671.310 to 671.459, 671.950 and 671.992.

(5) Has been found to have violated ethical or professional standards by a court or administrative body in another state for committing or omitting acts that, if committed or omitted in this state, would be a violation of ethical or professional standards established pursuant to ORS 671.310 to 671.459[, 671.950 and 671.992]. A certified copy of the record of suspension or revocation of the state making the suspension or revocation is conclusive evidence thereof.

(6) Has willfully evaded or attempted to evade a local or state law, ordinance, code or rule, governing the construction of landscapes or other site features.

NOTE: Eliminates inappropriate references to penalty sections in (1) and (5).

SECTION 420. ORS 671.408 is amended to read:

671.408. In addition to any civil penalty imposed by the State Landscape Architect Board or any fine or term of imprisonment imposed by a court, except as otherwise provided in ORS 671.404, the board may impose one or more of the following sanctions against a person violating ORS 671.310 to 671.459[, 671.950 and 671.992]:

(1) Revocation of a certificate of registration.

(2) Suspension of a certificate of registration for not more than three years.

(3) Restriction of the scope of a registrant's practice.

(4) Imposition of peer review.

(5) Imposition of specific or additional professional education requirements.

(6) Imposition of probationary registration status and restrictions, including but not limited to requirements designed to protect the public health, safety and welfare and restitution payments to clients or other persons suffering economic loss due to the violation.

(7) Issuance of a written reprimand.

NOTE: Eliminates inappropriate reference to penalty sections in lead-in.

SECTION 421. ORS 671.415 is amended to read:

671.415. The State Landscape Architect Board, subject to ORS 183.310 to 183.550, may adopt rules necessary for the board to perform its duties under ORS 671.310 to 671.459[,] and 671.950 [and 671.992].

NOTE: Eliminates inappropriate reference to penalty section.

SECTION 422. ORS 671.425 is amended to read:

671.425. If the State Landscape Architect Board revokes the registration of a registered landscape architect under ORS 671.404, the board may issue registration under ORS 671.310 to 671.459[, 671.950 and 671.992] to the individual whose registration is revoked if the individual:

(1) Files a new application for the registration and passes an examination given by the board; and

(2) Establishes to the satisfaction of the board that all loss caused by the acts for which the license was revoked has been fully satisfied and that the individual has complied with all conditions imposed by the decision of revocation.

NOTE: Eliminates inappropriate reference to penalty sections in lead-in.

SECTION 423. ORS 671.445 is amended to read:

671.445. The State Landscape Architect Board may, upon motion of the board or upon the verified complaint in writing of any person, investigate any alleged violation of ORS 671.310 to 671.459[, 671.950 and 671.992]. As part of the investigation, the board may administer oaths, obtain and receive evidence at board proceedings and compel compliance with board subpoenas, all as provided in ORS 670.315.

NOTE: Eliminates inappropriate reference to penalty sections.

SECTION 424. ORS 671.540 is amended to read:

671.540. (1) ORS 671.510 to 671.710 and 671.990 (2) do not apply to:

[(1)] (a) Any federal or state agency or any political subdivision performing landscaping on public property.

[(2)] (b) Any landscape architect registered pursuant to ORS 671.310 to 671.459[, 671.950 and 671.992] and practicing as provided therein.

[(3)] (c) Any landscaping work for which the price of all contracts for labor, materials and other items for a given job site in a calendar year is less than $500 and the work is of a casual, minor or inconsequential nature. This [subsection] paragraph does not apply to a person who advertises or represents through any manner including a sign, card or other device which might indicate to the public that the person is a landscape contractor or a landscaping business or is qualified to so act.

[(4)] (d) Any landscaping work that is a casual, minor or inconsequential incident of maintenance of grounds.

[(5)] (e) Installation of fences, decks, arbors, driveways, walkways or retaining walls when performed by a person or business licensed with the Construction Contractors Board.

[(6)] (f) Grading of plots and areas of land performed in conjunction with new or remodeling construction when performed by a person or business licensed with the Construction Contractors Board.

[(7)] (g) Any owner of property who contracts for landscaping work to be performed by a landscape contractor. This [subsection] paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work, the property upon which the landscaping work is performed.

[(8)] (h) Any landscaping work performed by a person on property that the person owns or in which the person has a legal interest. This [subsection] paragraph does not apply to a person who, in pursuit of an independent business, performs or contracts for the performance of landscaping work with the intent of offering for sale before, upon or after completion of the landscaping work, the property on which the landscaping work is performed.

[(9)] (i) A general contractor licensed under ORS chapter 701 who performs landscaping work if the total value of the landscaping is less than $2,500 per residential dwelling and the landscaping work is performed on residential property for which the contractor is under contract for the construction of a new dwelling. The State Landscape Contractors Board shall revise the amount specified in this [subsection] paragraph every five years, beginning in 2003, based on changes in the Portland Consumer Price Index. This [subsection] paragraph does not apply to a general contractor performing irrigation work unless the work is performed pursuant to a permit issued by the local building official.

[(10)] (j) A general contractor licensed under ORS chapter 701 who performs landscaping work on residential property that is directly related to local building code requirements or occupancy ordinances including, but not limited to, the placement of street trees. This [subsection] paragraph does not apply to a general contractor performing irrigation work unless the work is performed pursuant to a permit issued by the local building official.

[(11)] (k) A person engaged in making conceptual plans or drawings for the selection, general placement or use of plants or other site features, unless the plans or drawings are for sites:

[(a)] (A) That include natural drainage channels, streams, wetlands, marshes or other sensitive natural areas regulated by the local, state or federal government or that encroach on designated buffer zones for those areas; or

[(b)] (B) Where slopes of 10 percent or greater comprise at least 25 percent of the total site area or directly contribute storm water to natural drainage channels, streams, wetlands, marshes or other sensitive natural areas regulated by the local, state or federal government.

[(12)] (L) A person, other than a licensed landscape contractor, using the title “landscape designer” in connection with making conceptual plans or drawings for the selection, general placement or use of plants or other site features, provided the person clearly notes on all contracts for services, plans and drawings that the implementation of, or consultation about the implementation of, the plans or drawings may require the services of a professional authorized by law to perform the implementation or offer the consultation.

[(13)] (2) As used in this section, “Portland Consumer Price Index” means the Consumer Price Index for All Urban Consumers (Portland -- all items) as published by the Bureau of Labor Statistics of the United States Department of Labor. For purposes of this subsection, the revision of the Consumer Price Index that is the most consistent with the Portland Consumer Price Index for 1986 shall be used.

NOTE: Restructures section to correct lead-in problem; eliminates inappropriate reference to penalty sections in (1)(b); adjusts internal references.

SECTION 425. ORS 671.950 is amended to read:

671.950. (1) The State Landscape Architect Board may impose a civil penalty against any person who violates any provision of ORS 671.310 to 671.459[, 671.950 and 671.992] or any rule adopted thereunder. The penalty shall be imposed in the manner provided by ORS 183.090. The board shall determine the amount of a civil penalty imposed under this section, not to exceed $5,000 for each offense. Notwithstanding ORS 670.335, civil penalties recovered under this section shall be deposited into an account established by the board as provided under ORS 182.470. Moneys deposited are appropriated continuously to the board for the administration and enforcement of ORS 182.456 to 182.472, 671.310 to 671.459[,] and671.950 [and 671.992]. The Attorney General shall bring an action in the name of the State of Oregon in a court of appropriate jurisdiction to enforce any civil penalty imposed under this section.

(2) In determining the amount of a civil penalty imposed under this section, the board may consider:

(a) The seriousness of the violation;

(b) The economic benefit to the violator resulting from the violation;

(c) Whether the violator has previously committed violations; and

(d) Other factors that the board finds appropriate.

NOTE: Eliminates inappropriate references to penalty sections in (1).

SECTION 426. ORS 671.992 is amended to read:

671.992. A person who violates any provision of ORS 671.310 to 671.459, [671.950 and 671.992,] or any rule of the State Landscape Architect Board adopted thereunder, is guilty of a misdemeanor. Subject to ORS 161.655, a court may impose on the person a fine of not less than $250 or more than $5,000, a term of imprisonment of not more than six months, or both.

NOTE: Eliminates inappropriate reference to penalty sections.

SECTION 427. ORS 672.007 is amended to read:

672.007. (1) Within the meaning of ORS 672.002 to 672.325, a person shall be considered practicing or offering to practice engineering who:

(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a registered professional engineer;

(b) Through the use of some other title implies that the person is an engineer or [that the person is] a registered professional engineer [registered under this chapter]; or

(c) Purports to be able to perform, or who does perform, any service or work [which] that is defined by ORS 672.005 as the practice of engineering.

(2) Within the meaning of ORS 672.002 to 672.325, a person is practicing or offering to practice land surveying who:

(a) By verbal claim, sign, advertisement, letterhead, card or in any other way implies that the person is or purports to be a land surveyor;

(b) Through the use of some other title implies that the person is a land surveyor; or

(c) Purports to be able to perform, or who does perform, any land surveying service or work or any other service [which] that is defined by ORS 672.005 as the practice of land surveying.

NOTE: Eliminates redundancies in (1)(b); corrects grammar in (1)(c) and (2)(c); adds missing comma in (2).

SECTION 428. ORS 674.343 is amended to read:

674.343. [On August 21, 2001,] The Appraiser Certification and Licensure Board is [transferred from the Department of Consumer and Business Services and is] established as a semi-independent state agency that is subject to ORS 674.346 to 674.367.

NOTE: Expunges obsolete provisions.

SECTION 429. ORS 675.050 is amended to read:

675.050. (1) Upon application therefor accompanied by the established fee, the State Board of Psychologist Examiners may issue a license, without written examination, to any applicant who furnishes evidence satisfactory to the board that the applicant:

(a) Holds a doctoral degree from an approved doctoral program in psychology[;] and is licensed or certified to practice psychology in another state in which the requirements for such licensing or certification are, in the judgment of the board, essentially equivalent to licensing requirements of ORS 675.010 to 675.150 and the rules of the board; or

(b) Is a diplomate in good standing of the American Board of Professional Psychology.

(2) The board shall administer an oral examination to any person described in subsection (1) of this section.

NOTE: Corrects punctuation in (1)(a).

SECTION 430. ORS 675.595 is amended to read:

675.595. In addition to the powers otherwise granted under ORS 675.510 to 675.600, the State Board of Clinical Social Workers shall have the following powers:

(1) To determine the qualifications of applicants to practice clinical social work in this state[;].

(2) To cause to have examinations prepared, conducted and graded. [and]

(3) To grant certificates or licenses to qualified applicants upon their compliance with the provisions of ORS 675.510 to 675.600 and the rules of the board.

[(2)] (4) To grant or deny annual renewal of certificates or licenses and to renew certificates and licenses that have lapsed for nonpayment of the renewal fee, subject to the provisions of ORS 675.510 to 675.600.

[(3)] (5) To suspend or revoke certificates or licenses, subject to ORS 675.510 to 675.600.

[(4)] (6) To issue letters of reprimand or to impose probationary periods with the authority to restrict the scope of practice of a licensed clinical social worker or clinical social work associate.

[(5)] (7) To require that a licensee practice under supervision.

[(6)] (8) To require that a licensee obtain additional training in social work.

[(7)] (9) To require that a licensee undergo psychological, physical or psychiatric assessment, enter into and remain in any prescribed treatment program and disclose the results of the treatment program to the board.

[(8)] (10) To impose civil penalties not to exceed $1,000.

[(9)] (11) To restore certificates or licenses that have been suspended, revoked or voided by nonpayment of the renewal fee.

[(10)(a)] (12)(a) To collect annual fees for application, examination and certification or licensing of applicants, for renewal of certificates and licenses, and for issuance of limited certificates, such fees to be used to defray the expenses of the board as provided in ORS 675.571; and

(b) To collect delinquent renewal fees as provided in ORS 675.571 (4).

[(11)] (13) To investigate alleged violations of ORS 675.510 to 675.600.

[(12)] (14) To issue subpoenas for the attendance of witnesses, take testimony, administer oaths or affirmations to witnesses, conduct hearings and require the production of relevant documents in all proceedings pertaining to the duties and powers of the board.

[(13)] (15) To enforce 675.510 to 675.600 and exercise general supervision over the practice of clinical social work in this state.

[(14)] (16) To adopt a common seal.

[(15)] (17) To formulate and enforce a code of professional conduct for the practice of clinical social work giving particular consideration to the code of ethics.

[(16)] (18) To formulate and enforce continuing education requirements for licensed clinical social workers to ensure the highest quality of professional services to the public.

[(17)] (19) To take such other disciplinary action as the board in its discretion finds proper, including but not limited to assessment of the costs of the disciplinary process.

NOTE: Reformats (1) to conform to legislative style; renumbers subsections.

SECTION 431. ORS 678.021 is amended to read:

678.021. [After July 1, 1973,] It shall be unlawful for any person to practice nursing or offer to practice nursing in this state or to use any title or abbreviation, sign, card or device to indicate the person is practicing either practical or registered nursing unless the person is licensed under ORS 678.010 to 678.410 at the level for which the indication of practice is made and the license is valid and in effect.

NOTE: Deletes obsolete provision.

SECTION 432. ORS 681.480 is amended to read:

681.480. All moneys received by the [division] Department of Human Services under this chapter shall be paid into the Public Health Account in the General Fund in the State Treasury and such moneys hereby are appropriated continuously for the administration and enforcement of this chapter.

NOTE: Reflects statutory name change.

SECTION 433. ORS 682.109 is amended to read:

682.109. When a bond, letter of credit or certificate evidencing deposit with the Department of [Transportation] Human Services is the method chosen to prove financial responsibility, the provisions of ORS 806.090, 806.100 and 806.115 shall be deemed to refer to bonds, letters of credit, certificates, deposits and rights and remedies accruing thereunder under this chapter except that the dollar amounts required for the bonds, letters of credit or deposits and subject to the provisions shall be $320,000 each respectively.

NOTE: Corrects agency reference.

SECTION 434. ORS 682.335 is amended to read:

682.335. (1) In addition to the other requirements of ORS 682.205 and 682.275, when initially adopting a plan for ambulance services and ambulance service areas under ORS 682.205 or upon any subsequent review of the plan, a county shall:

(a) Consider any and all proposals for providing ambulance services that are submitted by a person or governmental unit or a combination thereof;

(b) Require persons and governmental units that desire to provide ambulance services under the plan to meet all the requirements established by the plan; and

(c) Consider existing boundaries of cities and rural fire protection districts when establishing ambulance service areas under the plan.

[(2) Subsection (1)(a) and (c) of this section shall not apply to any county that, on or before the July 19, 1989, has initiated its bid process and solicited bids.]

[(3)] (2) When determining the provider of ambulance services upon initial adoption or subsequent review of a plan under ORS 682.205, a county shall not grant preference under the plan to any person or governmental unit solely because that person or governmental unit is providing ambulance services at the time of adoption or review of the plan.

NOTE: Eliminates obsolete subsection.

SECTION 435. ORS 682.345 is amended to read:

682.345. When a county plan is not adopted for a county under ORS 682.205[:],

[(1)] a person or governmental unit may provide ambulance services within the county. A city or rural fire protection district may provide such services within and outside the city or district boundaries in accordance with policies adopted by the governing body of the city or district, including operation in other districts or cities by intergovernmental agreement under ORS chapter 190.

[(2) A person or governmental unit that did not provide ambulance services prior to January 1, 1989, shall not commence the operation of such services under subsection (1) of this section until July 1, 1990, except within an area:]

[(a) That is otherwise not being served by any other provider of ambulance services; or]

[(b) For which the fees or other charges for ambulance services are increased between July 15, 1989, and July 1, 1990, by an existing provider of ambulance services.]

NOTE: Eliminates obsolete subsection.

SECTION 436. ORS 688.625 is amended to read:

688.625. As used in ORS 688.625 to 688.665:

(1) “Dialysis facility or center” means a place awarded conditional or unconditional status by the federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services.

(2) “End stage renal disease” means a condition that requires either the replacement of kidney functions through renal transplantation or the permanent assistance of those functions through dialysis.

(3) “Hemodialysis technician” means a person certified by the Department of Human Services under ORS 688.650.

NOTE: Updates title of federal agency in (1).

SECTION 437. ORS 693.020 is amended to read:

693.020. (1) Subject to the following described conditions, this chapter does not prevent:

(a) Except as provided in paragraph (e) of this subsection, a person from doing the person's own work on the person's own building on the person's own premises, whether or not the person holds a certificate of competency under this chapter, if the person complies with all the rules adopted under this chapter and ORS 447.010 to 447.156 and 447.992 and ORS chapter 455.

(b) A person from testing, repairing, servicing, maintaining, installing or replacing new or existing potable water pump equipment not exceeding seven and one-half horsepower on residential property and piping between such pumps and storage tanks for such pumps, whether or not the person holds any certificate of competency under this chapter.

(c) A person from installing exterior storm drains. This exception does not apply to exterior storm drains that are connected to a sanitary sewer or combination sanitary storm sewer.

(d) An employee or contractor of a utility, energy service provider or water supplier from installing an approved low-flow showerhead or faucet aerator in existing plumbing fixtures. The devices installed under this paragraph are exempt from the [licensing] certification, permit and inspection requirements of this chapter and ORS chapter 447.

(e) A person who owns, leases or operates residential property, from repairing or using regular employees to repair existing plumbing on property owned, leased or operated by the employer, whether or not the employee holds a certificate of competency under this chapter. As used in this paragraph:

(A) “Repair” or “maintenance” means the act of replacing or putting together plumbing parts that restore the existing plumbing system to a safe and sanitary operating condition.

(B) “Regular employee” means a person subject to the provisions of ORS 316.162 to 316.212 and who has completed a withholding exemptions certificate required by the provisions of ORS 316.162 to 316.212.

(2) This section applies to any person, including but not limited to individuals, corporations, associations, firms, partnerships, joint stock companies, public and municipal corporations, political subdivisions, this state and any agencies thereof and the federal government and any agencies thereof.

(3)(a) Notwithstanding the exceptions in subsection (1) of this section, only an individual certified as provided by ORS 693.060 may install, remodel or alter plumbing in a commercial or industrial building being constructed or being offered for sale, exchange, rent or lease.

(b) Nothing in paragraph (a) of this subsection shall limit the right of a person to repair property as set forth in subsection (1)(e) of this section.

(4) For the purpose of subsection (3) of this section, “install, remodel or alter” means activities which involve installation or changes to the plumbing inside a wall, floor, crawl space or ceiling, or a change in the configuration of a plumbing system.

(5) Except as provided in subsection (1)(d) of this section, nothing in this chapter exempts a person from the plumbing inspection requirements of ORS 447.010 to 447.156 and 447.992.

NOTE: Corrects terminology in (1)(d).

SECTION 438. ORS 693.025 is amended to read:

693.025. (1) A utility company, energy service provider or water supplier whose employees install low-flow showerheads or faucet aerators shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the company, provider or water supplier and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

(2) A person who contracts with a utility company, energy service provider or water supplier to perform the functions described in subsection (1) of this section shall furnish evidence to the Department of Consumer and Business Services, in the form of a public liability policy issued by an insurance company qualified to do business in Oregon, that the contractor and its employees are protected against liability for injury or death to persons and loss of or damage to property resulting from the installation.

(3) The amount of the liability insurance required under subsections (1) and (2) of this section shall be in the amount of not less than $25,000 for bodily injury to one or more persons and not less than $25,000 for property damage.

(4) A person who performs, or who contracts to have performed, a service described in subsection (1) of this section may not perform any additional service for which a [license] certificate is required under this chapter unless the person is [licensed] certified under this chapter to perform the additional service. A person not [licensed] certified under this chapter who performs services that are not described in subsection (1) of this section for which a [license] certificate is required under this chapter is subject to civil penalty under ORS 693.992.

(5) Every utility company, energy service provider or water supplier shall include in any contract for the performance of a service described in subsection (1) of this section a statement that, under penalty of ORS 693.992, the contractor may not perform any service for which a [license] certificate is required under this chapter, except installation of low-flow showerheads or faucet aerators, unless the contractor is [licensed] certified under this chapter to perform that service.

NOTE: Corrects terminology in (4) and (5).

SECTION 439. ORS 693.115 is amended to read:

693.115. (1) The State Plumbing Board is established in the Department of Consumer and Business Services, consisting of seven members appointed by the Governor. The appointment of a member of the board is subject to confirmation by the Senate pursuant to section 4, Article III of the Oregon Constitution.

(2) The members of the board shall be as follows:

(a) One journeyman plumber with 10 or more years' experience in the trade or calling of journeyman plumber;

(b) One person who is registered to conduct a plumbing business;

(c) One local plumbing inspector who is a journeyman plumber;

(d) One registered professional mechanical engineer;

(e) One officer or employee of the Department of Human Services;

(f) One plumbing equipment supplier who otherwise qualifies by experience in the industry or one building official; and

(g) One member of the general public.

(3) The term of office of each member is four years [and no member shall be eligible for appointment to more than two full terms of office], but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is not eligible for appointment to more than two full terms of office. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(4) A member of the board shall receive compensation and expenses as provided in ORS 292.495.

NOTE: Revises run-on sentence in (3).

SECTION 440. ORS 701.005 is amended to read:

701.005. As used in this chapter:

(1) “Board” means the Construction Contractors Board.

(2) “Contractor” means a person who, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate or to do any part thereof. “Contractor” includes general contractors, residential-only contractors and specialty contractors as defined in this section.

(3) “General contractor” means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. “General contractor” does not include specialty contractors or limited contractors, as described in ORS 701.085.

(4) “Home inspector” means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure and the appurtenances thereto. “Home inspector” does not include persons certified under ORS chapter 455 to inspect new, repaired or altered structures for compliance with the state building code.

(5) “Inspector” means a contractor registered with the board who inspects or otherwise provides services to a property owner or other contractor but does not substantively add to or subtract from a structure. “Inspector” includes but is not limited to a home inspector certified or licensed under ORS 701.350, a lead-based paint inspector licensed under ORS 701.515 and a cross connection and backflow prevention device inspector certified under ORS 448.279. “Inspector” does not include city or county inspectors acting under ORS 701.225 or an inspector as defined in ORS 455.715.

(6) “Large commercial structure” means a structure that is not a residential structure or small commercial structure.

(7) “Residential-only contractor” means a general contractor or specialty contractor who performs work exclusively in connection with residential structures and small commercial structures, and the appurtenances thereto. “Residential-only contractor” includes, but is not limited to:

(a) A person who purchases or owns property and constructs or for compensation arranges for the construction of one or more residential structures or small commercial structures with the intent of selling the structures;

(b) A school district, as defined in ORS 332.002, that permits students to construct a residential structure or small commercial structure as an educational experience to learn building techniques and sells the completed structure;

(c) A community college district, as defined in ORS 341.005, that permits students to construct a residential structure or small commercial structure as an educational experience to learn building techniques and sells the completed structure; or

(d) Any person except a landscape contractor, nurseryman, gardener or person engaged in the commercial harvest of forest products who is engaged as an independent contractor to remove trees, prune trees, remove tree limbs or stumps or to engage in tree or limb guying.

(8) “Residential structure” means a residence, including a site-built home, modular home constructed off-site, floating home as defined in ORS 830.700, condominium unit, manufactured dwelling or duplex, or a multiunit residential building consisting of four units or less that is not part of a multistructure complex of buildings.

(9) “Small commercial structure” means a nonresidential structure that has a ground area of 4,000 square feet or less, including exterior walls, and a height of not more than 20 feet [in height] from the top surface of the lowest flooring to the highest interior overhead finish of the structure.

(10) “Specialty contractor” means a contractor who performs work on a structure, project, development or improvement and whose operations as such do not fall within the definition of “general contractor.” “Specialty contractor” includes a person who performs work regulated under ORS chapter 446.

NOTE: Corrects solecism in (9).

SECTION 441. ORS 701.992 is amended to read:

701.992. (1) Except as provided in subsection (4) of this section, any person who violates any provision of this chapter or any rule adopted thereunder shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the Construction Contractors Board of not more than $5,000 for each offense.

(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.

(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

(4) Civil penalties shall be imposed for violation of ORS 701.135 (1)(h) on both the person to whom the contract is awarded and the person who awards the contract as follows:

(a) A [fine] penalty not less than $500 nor more than $1,000 for the first offense;

(b) A [fine] penalty not less than $1,000 nor more than $2,000 for the second offense;

(c) Suspension of the person's license for six months for a third offense; and

(d) Revocation of the person's license for three years for a fourth offense.

(5) The board shall provide by rule a process and criteria that must be met for restoration of a license that has been revoked.

(6) If at any time following restoration of a license of a person who has violated ORS 701.135 (1)(h), the person is found to have again violated ORS 701.135 (1)(h), the person's license shall be permanently revoked.

NOTE: Standardizes terminology in (4).

SECTION 442. ORS 703.480 is amended to read:

703.480. The Oregon Board of Investigators shall:

(1) Organize and elect from its membership a president and vice president of the board.

(2) Adopt and use a common seal.

(3) Adopt rules necessary for the administration of ORS 703.401 to 703.490, in accordance with ORS 183.325 to 183.410.

(4) Investigate alleged violations of ORS 703.401 to 703.490 and of any rules adopted by the board. When the board conducts an investigation under this subsection, the board shall destroy all information about the alleged violation if the board determines that the allegation is false.

(5) Prescribe and collect fees for application, licensing [and registration], renewal of licenses [and registrations], issuance of identification cards and penalties for late renewal of licenses. Fees established may not exceed the cost of administering the program of the board for which the fee was established.

(6) Adopt and administer a test of professional investigator competency.

(7) Formulate a code of professional ethics to be followed by investigators.

(8) Meet for the transaction of business at the call of the president. A majority of the members constitutes a quorum for the transaction of business.

(9) Keep an accurate record of all proceedings and activities of the board. All records shall be kept in the office of the board. All of the records of the board shall be public. However, investigator client files obtained by the board are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance.

(10) Provide an accounting of board funds to every investigator at the end of each odd-numbered fiscal year.

(11) Establish a website on the Internet that lists each investigator with the investigator's license number, business address and telephone number.

(12) Provide professional development opportunity information to investigators.

NOTE: Eliminates outdated terminology in (5).

SECTION 443. ORS 711.540 is amended to read:

711.540. (1) Within a reasonable time after the expiration of the time fixed in the notice to creditors, the Director of the Department of Consumer and Business Services shall approve or reject, in whole or in part, every claim filed.

(2) Depositors' claims [asserting] that assert no priority or preference other than the preference given under ORS 711.520 to depositors[, which] and that are filed after the expiration of the time fixed in the notice to creditors for the filing of all claims[,] shall be approved or rejected, in whole or in part, within a reasonable time after the claims are filed with the director.

(3) The approval or rejection of any claim by the director shall be indorsed in writing upon the claim and the director need not state the reasons for the approval or rejection. The director may at any time alter or amend the previous approval or rejection of any claim.

NOTE: Corrects punctuation in (1) and (2); conforms syntax to legislative style in (2).

SECTION 444. ORS 716.028 is amended to read:

716.028. Any number of persons, not less than five, desiring to organize an Oregon savings bank shall, as prospective incorporators, first file an application with the Director of the Department of Consumer and Business Services for authority to organize an Oregon savings bank. The applicants shall pay to the director at the time of their application a fee of $2,500, no part of which will be refunded. The application shall be signed by one of the applicants. The following information and documents shall be included in or with the application:

(1) The corporate name.

(2) The proposed location of the initial principal place of business.

(3) The name, occupation, residence and post-office address of each prospective incorporator.

(4) The proposed articles of incorporation. The following apply:

(a) If the Oregon savings bank is to be organized as an Oregon stock savings bank, the articles of incorporation shall conform to the provisions set forth in ORS 707.110[.]; and

(b) If the Oregon savings bank is to be organized as an Oregon nonstock bank, the articles of incorporation shall conform to the provisions set forth in ORS 716.040.

(5) The names and residence addresses of the proposed senior officers and the names, occupations and residence addresses of proposed initial directors.

(6) If the Oregon savings bank is being organized as an Oregon stock savings bank, the number of shares of voting stock proposed to be subscribed for by the incorporators and each of the proposed directors and senior officers, and the names of any other persons who are expected to subscribe for, to own or to control more than 10 percent of the voting stock and the amount of stock for which each proposes to subscribe.

(7) Evidence satisfactory to the director of the character, financial responsibility and ability of the prospective incorporators, directors and senior officers.

(8) Evidence satisfactory to the director, in the form of a business plan and such additional information as the director may require, demonstrating that the proposed Oregon savings bank is likely to be financially successful.

(9) The proposed operating policies of the Oregon savings bank.

(10) Any other information that the director may require.

NOTE: Provides lead-in and conjunction in (4).

SECTION 445. ORS 731.216 is amended to read:

731.216. The Director of the Department of Consumer and Business Services shall have the power to:

(1) Contract for and procure, on a fee or part-time basis, or both, such actuarial, technical or other professional services as may be required for the discharge of duties.

(2) Obtain such other services as the director considers necessary or desirable, including participation in organizations of state insurance supervisory officials and appointment of advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member[;], but, subject to any other applicable law regulating travel and other expenses of state officers, shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

(3) Establish within the [division] Department of Consumer and Business Services a workers' compensation rating bureau to provide rating information that is based upon and relevant to activities conducted in this state, to enable the director to carry out the provisions of ORS chapter 737. In lieu of creating a rating bureau within the [division] department, the director may contract with any rating organization in other states if the director finds that such a contract would provide the information required by this section.

NOTE: Corrects punctuation in (2); reflects statutory name change in (3).

SECTION 446. ORS 732.005 is amended to read:

732.005. (1) Except where inconsistent with the express provisions of the Insurance Code, ORS chapter 60, shall, to the extent applicable, govern the powers, duties and relationships of domestic insurers.

(2) The following sections in ORS chapter 60 [may] do not apply to insurers: ORS 60.004, 60.007 to 60.014, 60.016, 60.017 to 60.024, 60.031, 60.044, 60.051 to 60.057, 60.094 to 60.101, 60.311, 60.470 to 60.534, 60.701 to 60.717, 60.734 to 60.744, 60.787, 60.954, 60.957 to 60.967 and 60.992.

(3) ORS 60.224, 60.774 (2)(c) and 60.777 (4) [may] do not apply to insurers without capital stock.

(4) The enumeration in subsections (2) and (3) of this section of inapplicable sections in ORS chapter 60 [may not be deemed] is not exclusive or a limitation upon subsection (1) of this section.

(5) To the extent applicable and not inconsistent with subsections (1) to (4) of this section, ORS chapter 60 shall apply to insurers without capital stock as well as to insurers with capital stock. Where applicable to insurers without capital stock, references in ORS chapter 60 to “shareholders” shall be deemed references to “policyholders” or “subscribers” as the case may be.

(6) In applying ORS chapter 60 as provided in this section, unless the context requires otherwise:

(a) “Office of Secretary of State” or “office” means the Department of Consumer and Business Services.

(b) “Secretary of State” means the Director of the Department of Consumer and Business Services.

(c) “Corporation” and “domestic corporation” mean a domestic insurer.

NOTE: Conforms syntax to legislative style in (2), (3) and (4).

SECTION 447. ORS 732.470 is amended to read:

732.470. (1) Each member of a domestic mutual insurer is entitled to one vote on each matter coming before a meeting of the members and for each director to be elected regardless of the number of policies or amount of insurance and benefits held by such member.

(2) The member under a group policy shall have but one vote regardless of the number of individuals insured or benefited thereunder.

(3) Two or more persons who qualify as policyholders under a single policy shall be deemed one policyholder and member for purposes of voting and collectively shall be entitled to one vote.

(4) Fractional voting may not be permitted.

(5) [Where] When a member is a minor, the vote shall be vested in the parent or legal guardian of [such] the minor.

(6) Cumulative voting for directors may not be permitted unless expressly provided for in the insurer's articles of incorporation.

(7) The right to vote shall be subject to such reasonable minimum requirements as to duration of membership as may be made in the articles of incorporation and bylaws of the insurer.

(8) A member may in every case vote in person or by proxy[;].The right to vote by proxy shall be subject to reasonable provisions pertaining thereto, including the duration of proxies, contained in the articles of incorporation or bylaws of the insurer.

NOTE: Conforms syntax to legislative style in (5); conforms punctuation to legislative style in (8).

SECTION 448. ORS 734.577 is amended to read:

734.577. (1) [On or before July 1, 1988, and] On or before July 1 of each calendar year [thereafter], the Director of the Department of Consumer and Business Services shall notify the State Treasurer of the total amount of assessments that member insurers have offset against their fire insurance gross premiums tax under ORS 734.575 (1) for the calendar year ending on the preceding December 31.

(2) After each notice given by the director under subsection (1) of this section, an amount equal to the amount specified in the notice, or the amount needed to fund the current legislatively approved budget of the office of the State Fire Marshal, whichever amount is less, is appropriated and may be transferred from the General Fund to the State Fire Marshal Fund by action of the appropriate legislative review agency.

NOTE: Eliminates out-of-date provision in (1).

SECTION 449. ORS 743.656 is amended to read:

743.656. (1) No long term care insurance policy shall be delivered or issued for delivery in this state [after January 1, 1992,] unless [such] the policy determines eligibility for benefits through a determination that is not more restrictive than requiring that:

(a) The policyholder be functionally impaired and needing assistance in any three or more activities of daily living as defined by the Director of the Department of Consumer and Business Services, by rule, after consultation with the Director of Human Services.

(b) Benefits must be payable when the beneficiary is receiving covered services from any of the following providers approved by the insurer:

(A) Nursing home;

(B) Assisted living;

(C) Home care; and

(D) Adult foster care.

(c) The insurer shall approve nursing home, assisted living, home care, adult foster home and any other providers of covered services by using standards that have been submitted to and approved by the director in consultation with the Director of Human Services.

(2) [After January 1, 1992,] No long term care policy [shall be sold in this state] that offers only nursing home benefits shall be sold in this state.

NOTE: Deletes obsolete provisions; conforms syntax to legislative style.

SECTION 450. ORS 743.814 is amended to read:

743.814. All insurers offering managed health insurance in this state shall:

(1) Have a quality assessment program that enables the insurer to evaluate, maintain and improve the quality of health services provided to enrollees. The program shall include data gathering that allows the plan to measure progress on specific quality improvement goals chosen by the insurer.

(2) File an annual summary with the Department of Consumer and Business Services that describes quality assessment activities, including any activities related to credentialing of providers, and reports any progress on the insurer's quality improvement goals.

(3) File annually with the department the following information:

(a) Results of all publicly available federal [Health Care Financing Administration] Centers for Medicare and Medicaid Services reports and accreditation surveys by national accreditation organizations.

(b) The insurer's health promotion and disease prevention activities, if any, including a summary of screening and preventive health care activities covered by the insurer. In addition to the summary required in this paragraph, the consortium established pursuant to ORS 743.831 shall develop recommendations for, and the department shall adopt rules requiring, reporting of an insurer's health promotion and disease prevention activities related to:

(A) Two specific preventive measures;

(B) One specific chronic condition; and

(C) One specific acute condition.

NOTE: Updates title of federal agency in (3)(a).

SECTION 451. ORS 746.191 is amended to read:

746.191. A lending institution which solicits insurance on real or personal property must explain to the borrower in prominently displayed writing that insurance related to a loan or credit extension may be purchased from an insurer or agent of the borrower's choice, subject only to the lending institution's right to reject a given insurance policy or insurer as provided in ORS 746.195 (2). Compliance with the notice provided for in section 106 of the Truth in Lending Act (15 U.S.C. 1601 et seq.) shall be considered compliance with this section.

NOTE: Completes citation of federal Act.

SECTION 452. ORS 756.032 is amended to read:

756.032. (1) The Public Utility Commission shall dismiss an employee:

[(a) Employed on January 1, 1972, who fails to file the statement required by ORS 756.028 before January 12, 1972.]

[(b)] (a) [Employed after January 1, 1972,] Who fails to file the statement required by ORS 756.028 before the 11th day after the date of employment.

[(c)] (b) Who fails to file the supplementary statement required by ORS 756.028 before the 11th day after the acquisition of a pecuniary interest.

[(d)] (c) Who fails to cause divestiture of a pecuniary interest within the time specified in an order issued pursuant to ORS 756.028.

(2) Dismissal of an employee under subsection (1) of this section is subject to the procedure and appeal provided in ORS 240.555 and 240.560. An employee so dismissed is eligible for reemployment.

NOTE: Deletes outdated provisions in (1).

SECTION 453. ORS 756.036 is amended to read:

756.036. (1) The Public Utility Commission may:

(a) Organize and reorganize the office of the Public Utility Commission in the manner that it considers necessary to properly discharge the responsibilities of the Public Utility Commission.

(b) Contract for or procure on a fee or part-time basis, or both, such experts, technical or other professional services as it may require for the discharge of its duties.

(c) Obtain such other services as it considers necessary or desirable.

(d) Participate in organizations of regional and national utility commissions.

(e) Appoint advisory committees. A member of an advisory committee so appointed shall receive no compensation for services as a member[; but,]. Subject to any applicable law regulating travel and other expenses of state officers and employees, the member shall receive actual and necessary travel and other expenses incurred in the performance of official duties.

(2) Subject to any applicable law regulating travel and other expenses of state officers and employees, the commissioners and the officers and employees of the commission shall be reimbursed for such reasonable and necessary travel and other expenses incurred in the performance of their official duties.

(3) The chairperson of the commission appointed under ORS 756.014 shall serve as the administrative head of the commission and has the power to:

(a) With the consent of one or more of the other members of the commission, appoint and employ all subordinate officers and employees, including, but not limited to, deputies, assistants, engineers, examiners, accountants, auditors, inspectors and clerical personnel, prescribe their duties and fix their compensation, subject to the State Personnel Relations Law.

(b) Prescribe internal policies and procedures for the government of the commission, the conduct of its employees, the assignment and performance of its business and the custody, use and preservation of its records, papers and property in a manner consistent with applicable law.

NOTE: Corrects punctuation in (1)(e).

SECTION 454. ORS 757.601 is amended to read:

757.601. (1) All retail electricity consumers of an electric company, other than residential electricity consumers, shall be allowed direct access beginning on March 1, 2002. Retail electricity consumers shall not be allowed direct access before that date.

[(2) The Public Utility Commission shall report to the Legislative Assembly not later than January 1, 2003, on whether residential electricity consumers would benefit from direct access to electricity services. The report shall address, at a minimum, issues of market development for residential and small-farm consumers and the impact of direct access on residential and small-farm consumers' access to benefits from the federal Columbia River power system.]

[(3)] (2) Residential electricity consumers shall be allowed to purchase electricity from among a portfolio of rate options as described in ORS 757.603 not later than March 1, 2002.

[(4)] (3) ORS 757.600 to 757.691 do not apply to an electric company providing electricity services to fewer than 25,000 consumers in this state unless the electric company offers direct access to any of its retail electricity consumers in this state or offers to sell electricity services available under direct access to more than one retail electricity consumer of another electric utility.

NOTE: Eliminates obsolete subsection.

SECTION 455. ORS 759.425 is amended to read:

759.425. (1) [Within 12 months following September 1, 1999,] The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund to ensure basic telephone service is available at a reasonable and affordable rate. The universal service fund shall conform to section 254 of the federal Telecommunications Act of 1996 (Public Law 104-104). The commission may delay implementation for rural telecommunications carriers, as defined in the federal Act, for up to six months after the date the Federal Communications Commission adopts a cost methodology for rural carriers.

(2)(a) The Public Utility Commission shall establish the price a telecommunications utility may charge its customers for basic telephone service. The commission in its discretion shall periodically review and evaluate the status of telecommunications services in the state and designate the services included in basic telephone service. The commission in its discretion shall periodically review and adjust as necessary the price a telecommunications utility may charge for basic telephone service.

(b) The provisions of this subsection do not apply to the basic telephone service provided by a telecommunications utility described in ORS 759.040.

(3)(a) The Public Utility Commission shall establish a benchmark for basic telephone service as necessary for the administration and distribution of the universal service fund. The universal service fund shall provide explicit support to an eligible telecommunications carrier that is equal to the difference between the cost of providing basic telephone service and the benchmark, less any explicit compensation received by the carrier from federal sources specifically targeted to recovery of local loop costs and less any explicit support received by the carrier from a federal universal service program.

(b) The commission in its discretion shall periodically review the benchmark and adjust it as necessary to reflect:

(A) Changes in competition in the telecommunications industry;

(B) Changes in federal universal service support; and

(C) Other relevant factors as determined by the commission.

(c) Except for a telecommunications utility described in ORS 759.040, the commission shall seek to limit the difference between the price a telecommunications utility may charge for basic telephone service and the benchmark.

(4) Except as provided in subsections (6) and (7) of this section, there is imposed on the sale of all retail telecommunications services sold in this state a universal service surcharge. The surcharge shall be established by the commission as a uniform percentage of the sale of retail telecommunications services in an amount sufficient to support the purpose of the universal service fund. The surcharge may be shown as a separate line item by all telecommunications carriers using language prescribed by the commission. A telecommunications carrier shall deposit amounts collected into the universal service fund according to a schedule adopted by the commission.

(5) The commission is authorized to establish a universal service fund, separate and distinct from the General Fund. The fund shall consist of all universal service surcharge moneys collected by telecommunications carriers and paid into the fund. The fund shall be used only for the purpose described in this section, and for payment of expenses incurred by the commission or a third party appointed by the commission to administer this section. All moneys in the fund are continuously appropriated to the commission to carry out the provisions of this section. Interest on moneys deposited in the fund shall accrue to the fund.

(6) For purposes of this section, “retail telecommunications service” does not include radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service.

(7)(a) Notwithstanding subsection (6) of this section, a person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service may request designation as an eligible telecommunications carrier by the Public Utility Commission for purposes of participation in the universal service fund.

(b) In the event a person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service seeks designation as an eligible telecommunications carrier for purposes of participation in the universal service fund, the person shall provide written notice to the Public Utility Commission requesting designation as an eligible telecommunications carrier within 60 days of the date the commission establishes the fund. Upon receiving notice, the commission may designate the person as an eligible telecommunications carrier for purposes of participation in the fund.

(c) A person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service who fails to request designation as an eligible telecommunications carrier within 60 days of the date the universal service fund is established by the Public Utility Commission may not be designated as an eligible telecommunications carrier unless the person has contributed to the fund for at least one year immediately prior to requesting designation.

NOTE: Deletes obsolete provision in (1).

SECTION 456. ORS 759.425, as amended by section 3, chapter 966, Oregon Laws 2001, is amended to read:

759.425. (1) [Within 12 months following September 1, 1999,] The Public Utility Commission shall establish and implement a competitively neutral and nondiscriminatory universal service fund to ensure basic telephone service is available at a reasonable and affordable rate. The universal service fund shall conform to section 254 of the federal Telecommunications Act of 1996 (Public Law 104-104). The commission may delay implementation for rural telecommunications carriers, as defined in the federal Act, for up to six months after the date the Federal Communications Commission adopts a cost methodology for rural carriers.

(2)(a) The Public Utility Commission shall establish the price a telecommunications utility may charge its customers for basic telephone service. The commission in its discretion shall periodically review and evaluate the status of telecommunications services in the state and designate the services included in basic telephone service. The commission in its discretion shall periodically review and adjust as necessary the price a telecommunications utility may charge for basic telephone service.

(b) The provisions of this subsection do not apply to the basic telephone service provided by a telecommunications utility described in ORS 759.040.

(3)(a) The Public Utility Commission shall establish a benchmark for basic telephone service as necessary for the administration and distribution of the universal service fund. The universal service fund shall provide explicit support to an eligible telecommunications carrier that is equal to the difference between the cost of providing basic telephone service and the benchmark, less any explicit compensation received by the carrier from federal sources specifically targeted to recovery of local loop costs and less any explicit support received by the carrier from a federal universal service program.

(b) The commission in its discretion shall periodically review the benchmark and adjust it as necessary to reflect:

(A) Changes in competition in the telecommunications industry;

(B) Changes in federal universal service support; and

(C) Other relevant factors as determined by the commission.

(c) Except for a telecommunications utility described in ORS 759.040, the commission shall seek to limit the difference between the price a telecommunications utility may charge for basic telephone service and the benchmark.

(4) Except as provided in subsections (6) and (7) of this section, there is imposed on the sale of all retail telecommunications services sold in this state a universal service surcharge. The surcharge shall be established by the commission as a uniform percentage of the sale of retail telecommunications services in an amount sufficient to support the purpose of the universal service fund. The surcharge may be shown as a separate line item by all telecommunications carriers using language prescribed by the commission. A telecommunications carrier shall deposit amounts collected into the universal service fund according to a schedule adopted by the commission.

(5) The commission is authorized to establish a universal service fund, separate and distinct from the General Fund. The fund shall consist of all universal service surcharge moneys collected by telecommunications carriers and paid into the fund. The fund shall be used only for the purpose described in this section, and for payment of expenses incurred by the commission or a third party appointed by the commission to administer this section. All moneys in the fund are continuously appropriated to the commission to carry out the provisions of this section. Interest on moneys deposited in the fund shall accrue to the fund.

(6) For purposes of this section, “retail telecommunications service” does not include radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service.

(7)(a) Notwithstanding subsection (6) of this section, a person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service may request designation as an eligible telecommunications carrier by the Public Utility Commission for purposes of participation in the universal service fund.

(b) In the event a person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service seeks designation as an eligible telecommunications carrier for purposes of participation in the universal service fund, the person shall provide written notice to the Public Utility Commission requesting designation as an eligible telecommunications carrier within 60 days of the date the commission establishes the fund. Upon receiving notice, the commission may designate the person as an eligible telecommunications carrier for purposes of participation in the fund.

(c) A person who primarily provides radio communications service, radio paging service, commercial mobile radio service, personal communications service or cellular communications service who fails to request designation as an eligible telecommunications carrier within 60 days of the date the universal service fund is established by the Public Utility Commission may not be designated as an eligible telecommunications carrier unless the person has contributed to the fund for at least one year immediately prior to requesting designation.

(8) A pay telephone provider may apply to the Public Utility Commission, on a form developed by the commission, for a refund of the universal service surcharge imposed on the provider under subsection (4) of this section for the provision of pay telephone service.

NOTE: Deletes obsolete provision in (1).

SECTION 457. ORS 801.207 is amended to read:

801.207. “Commercial driver license” means a driver license issued by this state or any other jurisdiction that authorizes its holder to drive a commercial motor vehicle if the holder also has any necessary [indorsements] endorsements to the license.

NOTE: Corrects nonstandard spelling.

SECTION 458. ORS 801.255 is amended to read:

801.255. “Driving privilege” means the grant of authority by a jurisdiction to a person that allows that person to drive a vehicle on highways within that jurisdiction. Driving privileges grant authority to a person not to a vehicle. The driving privilege includes any such grant of authority whether or not documents are issued as evidence of the authority. In this state, driving privileges may be granted under:

(1) A license as defined under ORS 801.207 and 801.245.

(2) Driver permits as described in ORS 801.250.

(3) The driving privileges established under ORS 807.020.

(4) Any [indorsement] endorsement of a license or driver permit or limitations on a license or driver permit that allows a person to operate a motor vehicle.

NOTE: Corrects nonstandard spelling.

SECTION 459. ORS 801.315 is repealed.

NOTE: Repeals Oregon Vehicle Code's definition of “indorsement” to replace with preferred spelling; see sections 460 and 461 (enacting definition of “endorsement”).

SECTION 460. Section 461 of this 2003 Act is added to and made a part of the Oregon Vehicle Code.

NOTE: Adds section to appropriate series.

SECTION 461. “Endorsement,” when used in relation to driving privileges, means a grant of driving privileges, or the evidence thereof, to a person who holds a license, or in some instances a driver permit, allowing the person to exercise driving privileges that are not granted by the license or driver permit. The types of endorsements granted by this state and the driving privileges granted under each type of endorsement are established by ORS 807.035.

NOTE: Provides definition of corrected terminology for Oregon Vehicle Code.

SECTION 462. ORS 802.155 is amended to read:

802.155. (1) There is created the Safety Education Fund, separate and distinct from the General Fund. [Moneys shall be paid into the fund as provided in Oregon Revised Statutes.] Interest earned by the fund shall be credited to the fund.

(2) Moneys deposited in the Safety Education Fund from the Criminal Fine and Assessment Public Safety Fund are continuously appropriated to the office of the manager of the Transportation Safety section of the Department of Transportation to be used for safety education programs:

(a) That provide injury prevention education on traffic safety issues for each age group in the kindergarten through college ages;

(b) That have been recipients of funds under 23 U.S.C. 402 for at least three years;

(c) That are found by the Transportation Safety section to be effective, as measured by the three-year reporting cycle funded under 23 U.S.C. 402; and

(d) That operate statewide.

NOTE: Eliminates superfluous provision in (1).

SECTION 463. ORS 803.601 is amended to read:

803.601. Fees collected by the Department of Transportation for recreational vehicle trip permits described in ORS 803.600 shall be transferred to the State Parks and Recreation Department Fund established by ORS 390.134 [(1) to (6)] and are continuously appropriated to the State Parks and Recreation Department for the purposes specified in ORS 390.134 [(1) to (6)].

NOTE: Deletes inappropriate subsection references.

SECTION 464. ORS 805.255 is amended to read:

805.255. (1) The Department of Transportation shall establish a salmon [license] registration plate program to issue special registration plates called “salmon [license] registration plates” upon request to owners of motor homes, travel trailers and motor vehicles registered under the provisions of ORS 803.420 (1) to observe the importance of salmonid to Oregon. In addition, the department may adopt rules for issuance of salmon [license] registration plates for vehicles not registered under the provisions of ORS 803.420 (1).

(2) In addition to any other fee authorized by law, for each salmon [license] registration plate issued under subsection (1) of this section, the department shall collect a surcharge of $7.50 for each year of the registration period, payable when the plate is issued and upon each subsequent renewal of registration of a vehicle bearing the plate. The department shall distribute the surcharge as provided in ORS 805.256.

(3) Notwithstanding ORS 803.530, salmon [license] registration plates may be transferred from vehicle to vehicle if the department stops issuing the plates [so] as long as the plates are not so old, damaged, mutilated or otherwise rendered illegible as to be not useful for purposes of identification.

NOTE: Conforms terminology to Oregon Vehicle Code; corrects grammar in (3).

SECTION 465. ORS 805.256 is amended to read:

805.256. (1) After deduction of the cost of administration of the salmon [license] registration plate program, moneys from the surcharge imposed by ORS 805.255 shall be transferred and appropriated as follows:

(a) Half of the moneys shall be transferred to the Oregon Watershed Enhancement Board established under ORS 541.360 and shall be continuously appropriated to the board for watershed enhancement projects under ORS 541.375 that are designed to restore salmonid habitats and improve the health of streams that support salmonid populations; and

(b) Half of the moneys shall be transferred to the State Parks and Recreation Department Fund established under ORS 390.134 [(1) to (6)] and continuously appropriated for the purposes described in ORS 390.134 [(3)] (4).

(2) As used in this section, “the cost of administration of the salmon [license] registration plate program” is the sum of all Department of Transportation expenses for the issuance or transfer of salmon [license] registration plates under ORS 805.255 that are above the normal costs of issuing, renewing and transferring [license] registration plates in the normal course of the business of the department. These expenses include, but are not limited to, the costs of collecting the salmon [license] registration plate surcharge and transferring salmon [license] registration plates.

NOTE: Conforms terminology to Oregon Vehicle Code. Deletes inappropriate subsection reference in (1)(b). Adjusts subsection reference for renumbering in (1)(b); see section 166 (amending 390.134).

SECTION 466. ORS 806.240 is amended to read:

806.240. Future responsibility filings required by ORS 806.200, 806.220 or 806.230 or by any other law of this state are subject to all of the following:

(1) The person required to make the filing must file, or have filed for the benefit of the person, proof that meets the requirements of this section and must maintain the proof as long as required under ORS 806.245.

(2) The proof given for a future responsibility filing must be one or more of the following proofs that the person is in compliance with financial responsibility requirements:

(a) A certificate or certificates of insurance that meet the requirements under ORS 806.270.

(b) A valid certificate of self-insurance issued by the Department of Transportation under ORS 806.130.

(c) A bond meeting the requirements described under ORS 806.090. Upon receipt of a bond as a future responsibility filing under this paragraph, the department, if appropriate, shall file the bond under ORS 806.260 to perfect any lien established under that section.

(d) A certificate evidencing deposit issued by the department under ORS 806.115. The department shall not issue a certificate under this paragraph unless the deposit is accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

(3) The owner of a motor vehicle may make a future responsibility filing under this section on behalf of the owner's employee or a member of the owner's immediate family or household in lieu of the filing being made by such person. Filing under this subsection permits the person on whose behalf the filing is made to operate only a motor vehicle covered by the proof given in the filing. The department shall [indorse] endorse restrictions, as appropriate, on any license or driver permit the person holds as the department determines necessary to limit the person's ability to operate vehicles consistent with this subsection.

(4) At the request of a person who has made a future responsibility filing under this section, the department shall return the proof filed upon the substitution of other adequate proof.

(5) Whenever proof filed under this section no longer meets the requirements of this section, the department shall require the furnishing of other proof for the future responsibility filing. If such other proof is not so furnished, the department shall suspend the driving privileges of the person as provided under ORS 809.410 or, if applicable, any registration as provided under ORS 809.050.

NOTE: Corrects nonstandard spelling in (3).

SECTION 467. ORS 807.010 is amended to read:

807.010. (1) A person commits the offense of vehicle operating without driving privileges if the person operates a motor vehicle upon a highway or premises open to the public in this state and the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, [indorsement] endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

(2) A person to whom a license or driver permit is issued commits the offense of violating license restrictions if the person operates a motor vehicle in any manner that violates restrictions that are placed upon the person's driving privileges by the Department of Transportation under ORS 807.120 or 807.122, by a court under ORS 809.210 or 809.270, or by the vehicle code.

(3) Nothing in this section is applicable to a person who is driving while suspended or revoked in violation of ORS 811.175 or 811.182. Persons who violate ORS 811.175 or 811.182 are subject to the provisions and penalties provided therein and are not subject to the penalties and provisions of this section.

(4) The offense described in subsection (1) of this section, vehicle operating without driving privileges, is a Class B traffic violation.

(5) The offense described in subsection (2) of this section, operating in violation of license restrictions, is a Class B traffic violation.

NOTE: Corrects nonstandard spelling in (1).

SECTION 468. ORS 807.020 is amended to read:

807.020. A person who is granted a driving privilege by this section may exercise the driving privilege described without violation of the requirements under ORS 807.010. A grant of driving privileges to operate a motor vehicle under this section is subject to suspension and revocation the same as other driving privileges granted under the vehicle code. This section is in addition to any exemptions from the vehicle code under ORS 801.026. The following persons are granted the described driving privileges:

(1) A person who is not a resident of this state may operate a motor vehicle without an Oregon license or driver permit if the person holds a current out-of-state license issued to the person by the person's home jurisdiction. To qualify under this subsection, the person must have the out-of-state license or driver permit in the person's possession. A person is not granted driving privileges under this subsection:

(a) If the person is under the minimum age required to be eligible for driving privileges under ORS 807.060;

(b) During a period of suspension or revocation by this state or any other jurisdiction of driving privileges or of the right to apply for a license or driver permit issued by this state or any other jurisdiction; or

(c) That exceed the driving privileges granted to the person by the home jurisdiction of the person.

(2) A person in the Armed Forces of the United States may operate a motor vehicle without an Oregon license or driver permit if the person:

(a) Has a current out-of-state license or driver permit issued by the Armed Forces; and

(b) Is operating an official motor vehicle in the course of the person's duties in the Armed Forces.

(3) A person without a license or driver permit may operate a road roller or road machinery that is not required to be registered under the laws of this state.

(4) A person without a license or driver permit may temporarily operate, draw, move or propel a farm tractor or implement of husbandry.

(5) A person without a license or driver permit may operate a motor vehicle to demonstrate driving ability during the course of an examination administered under ORS 807.070 for the purpose of qualifying for a license or driver permit. This subsection only applies when an authorized examiner is in a seat beside the driver of the motor vehicle.

(6) Driving privileges for snowmobiles are exclusively as provided in ORS 821.150.

(7) Driving privileges for Class I all-terrain vehicles are exclusively as provided in ORS 821.170.

(8) Driving privileges for Class III all-terrain vehicles are exclusively as provided in ORS 821.172.

(9) A person without a license or driver permit may operate a golf cart in accordance with an ordinance adopted under ORS 810.070.

(10) The spouse of a member of the Armed Forces of the United States on active duty who is accompanying the member on assignment in this state may operate a motor vehicle if the spouse has a current out-of-state license or driver permit issued to the spouse by another state in the spouse's possession.

(11) A person who is a member of the Armed Forces of the United States on active duty may operate a motor vehicle if the person has a current out-of-state license or driver permit in the person's possession that is issued to the person by the person's state of domicile or by the Armed Forces of the United States in a foreign country. Driving privileges described under this subsection that are granted by the Armed Forces apply only for a period of 45 days from the time the person returns to the United States.

(12) A person who does not hold a motorcycle [indorsement] endorsement may operate a motorcycle if the person is:

(a) Within an enclosed cab; or

(b) Operating a vehicle designed to travel with three wheels in contact with the ground at speeds of less than 15 miles per hour.

(13) A person may operate a bicycle that is not an electric assisted bicycle without any grant of driving privileges.

(14) A person may operate an electric assisted bicycle without a driver license or driver permit if the person is 16 years of age or older.

(15) A person may operate a motor assisted scooter without a driver license or driver permit if the person is 16 years of age or older.

(16) A person who is not a resident of this state may operate a motor vehicle without an Oregon license or driver permit if the person is at least 15 years of age and has in the person's possession a current out-of-state equivalent of a Class C instruction driver permit issued to the person by the person's home jurisdiction. A person operating a motor vehicle under authority of this subsection has the same privileges and is subject to the same restrictions as a person operating under the authority of a Class C instruction driver permit issued as provided in ORS 807.280.

NOTE: Corrects nonstandard spelling in (12).

SECTION 469. ORS 807.031 is amended to read:

807.031. This section describes the type of driving privileges granted by the various licenses issued by this state. Licenses are established by class with the highest class being Class A commercial. Each class of license grants driving privileges for that class and for all lower classes. No license grants driving privileges for which an [indorsement] endorsement is required. The following licenses grant the driving privileges described:

(1) A Class A commercial driver license authorizes a person to operate any vehicle or combination of vehicles except that the person may not operate any vehicle for which an [indorsement] endorsement is required unless the person obtains the [indorsement] endorsement.

(2) A Class B commercial driver license authorizes a person to operate any single vehicle and to tow a vehicle that is not in excess of 10,000 pounds gross vehicle weight rating. The person may not operate any vehicle for which an [indorsement] endorsement is required unless the person obtains the [indorsement] endorsement.

(3) A Class C commercial driver license authorizes a person to operate:

(a) Any vehicle that is designed to transport 16 or more persons, including the driver, if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has a passenger [indorsement] endorsement;

(b) Any vehicle that is owned or leased by, or operated under contract with, a mass transit district or a transportation district when the vehicle is actually being used to transport passengers for hire, regardless of the number of passengers, if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has a passenger [indorsement] endorsement;

(c) Any vehicle that is used in the transportation of hazardous materials if the gross vehicle weight rating of the vehicle is less than 26,001 pounds and the person has the proper [indorsement] endorsement; and

(d) Any vehicle that may be operated by the holder of a Class C license.

(4) A Class C driver license authorizes a person to operate any vehicle for which a commercial driver license is not required except that the person may not operate any vehicle for which an [indorsement] endorsement is required unless the person obtains the [indorsement] endorsement.

(5) A restricted Class C license authorizes a person to operate a moped or to operate under one of the permits described in ORS 807.200 as constituting a restricted Class C license. The person may not operate any vehicle for which an [indorsement] endorsement is required or be granted any [indorsements] endorsements for the license.

NOTE: Corrects nonstandard spelling.

SECTION 470. ORS 807.035 is amended to read:

807.035. This section describes the type of driving privileges granted by various [indorsements] endorsements issued by this state. The following [indorsements] endorsements grant the driving privileges described:

(1) A motorcycle [indorsement] endorsement authorizes a person to operate any motorcycle.

(2) A hazardous materials [indorsement] endorsement authorizes a person to operate a vehicle transporting hazardous materials.

(3) A tank vehicle [indorsement] endorsement authorizes a person to operate tank vehicles.

(4) A passenger [indorsement] endorsement authorizes a person to operate vehicles designed to transport 16 or more persons, including the driver.

(5) A trailer [indorsement] endorsement authorizes a person to operate double and triple trailers.

(6) A combined [indorsement] endorsement authorizes a person to operate a tank vehicle, transport hazardous materials and transport hazardous materials in a tank vehicle.

(7) A Class A farm [indorsement] endorsement authorizes a person to:

(a) Operate or tow any vehicle that can be operated by the holder of a Class A commercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;

(B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

(C) Not used in the operation of a common or contract motor carrier; and

(D) Used within 150 miles of the farmer's farm.

(b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

(8) A Class B farm [indorsement] endorsement authorizes a person to:

(a) Operate or tow any vehicle that can be operated or towed by the holder of a Class B commercial driver license if the vehicle is:

(A) Controlled or operated by a farmer;

(B) Used to transport agricultural products, farm machinery or farm supplies to or from a farm;

(C) Not used in the operation of a common or contract motor carrier; and

(D) Used within 150 miles of the farmer's farm.

(b) Operate any vehicle described in paragraph (a) of this subsection that is transporting hazardous materials if the vehicle is placarded in accordance with law.

NOTE: Corrects nonstandard spelling.

SECTION 471. ORS 807.036 is amended to read:

807.036. Notwithstanding any other provision of law, the operator of a tow vehicle is not required to have an [indorsement] endorsement for towing a disabled vehicle that can be operated only by a person with an [indorsement] endorsement if the towing operation is the first move of the disabled vehicle and is performed as an emergency service or if it is a subsequent move of an empty vehicle that requires a passenger [indorsement] endorsement for operation.

NOTE: Corrects nonstandard spelling.

SECTION 472. ORS 807.070 is amended to read:

807.070. The Department of Transportation shall administer an examination to establish qualification for each class of license and [indorsement] endorsement. The examination for each class of license or [indorsement] endorsement shall include all of the following as described:

(1) A test of the applicant's eyesight.

(2) A test of the applicant's knowledge and understanding of the traffic laws of this state, safe driving practices and factors that cause accidents. The following all apply to the test under this subsection:

(a) The test shall not cover any subject that is not presented in the publications of the department intended for the instruction of applicants for licenses and driver permits.

(b) The test for each class of license and [indorsement] endorsement shall include, but is not limited to, a test of knowledge and understanding of traffic laws that relate specifically to the type of driving privileges granted under the specific class of license or [indorsement] endorsement sought.

(c) The test under this subsection shall include, but is not limited to, the following subjects:

(A) Rights of blind pedestrians.

(B) The meaning of official traffic signs and signals.

(C) Proper operating procedure in emergency situations.

(D) Vehicle safety equipment and its use.

(E) Practices necessary for safe operation of a vehicle around pedestrians and bicyclists.

(d) The department may waive the test under circumstances described in ORS 807.072.

(3) A test that is an actual demonstration of the applicant's ability to operate a motor vehicle without endangering the safety of persons or property. The following apply to this subsection:

(a) The actual demonstration for each class of license shall be performed in a vehicle that may be operated under the class of license sought, but that may not be operated under lower classes of license.

(b) An actual demonstration for a passenger [indorsement] endorsement shall be performed in a vehicle that is designed to transport 16 or more persons, including the driver.

(c) The department may waive the demonstration under circumstances described in ORS 807.072.

(4) Any other examination or test, including demonstrations, that the department determines may be necessary to assist the department in establishing whether the applicant is eligible for a license under ORS 807.060 or whether the applicant is fit to operate a motor vehicle safely on the highways of this state. In any examination or test under this subsection, the department shall only conduct an investigation for facts relating directly to the ability of the applicant to operate a motor vehicle safely or other facts that are specifically required to show the fitness of the applicant for license.

NOTE: Corrects nonstandard spelling in lead-in, (2)(b) and (3)(b).

SECTION 473. ORS 807.072 is amended to read:

807.072. (1) The Department of Transportation, by rule, may waive any examination, test or demonstration required under ORS 807.065 (1)(b) or 807.070 (2) or (3) if the department receives satisfactory proof that the person required to take the examination, test or demonstration has passed an examination, test or demonstration approved by the department that:

(a) Is given in conjunction with a traffic safety education course certified by the department under ORS 802.345;

(b) Is given in conjunction with a motorcycle rider education course established under ORS 802.320; or

(c) Is given in conjunction with a course conducted by a commercial driver training school certified by the department under ORS 822.515.

(2) The department, by rule, may waive the actual demonstration required under ORS 807.070 (3) for an applicant for a commercial driver license or a Class C license if the applicant holds a valid out-of-state license or applies for an Oregon license within one year of the expiration of a valid out-of-state license. A demonstration may be waived under this subsection only if the person has applied for the same driving privileges as those granted under the person's out-of-state license or for privileges granted by a lower class of license.

(3) The department may waive the actual demonstration required under ORS 807.070 for any applicant for a commercial driver license who submits to the department a certificate of competency, issued under ORS 807.080 for the class of license sought or under other circumstances, established by the department by rule, if the applicant establishes the applicant's ability to drive without an actual demonstration.

(4) The department may issue a Class A farm [indorsement] endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class A commercial driver license and the person's two-part driving record does not show either a traffic accident within two years of the date of application for the [indorsement] endorsement or a conviction for one of the following traffic crimes within five years of the date of application for the [indorsement] endorsement:

(a) Reckless driving, as defined in ORS 811.140.

(b) Driving while under the influence of intoxicants, as defined in ORS 813.010.

(c) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705.

(d) Criminal driving while suspended or revoked, as defined in ORS 811.182.

(e) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

(5) The department may issue a Class B farm [indorsement] endorsement without requiring additional tests to a person who has a Class C driver license if a farm employer or a self-employed farmer certifies to the department that the person is experienced in driving a vehicle that may be driven only by persons who have a Class B commercial driver license and the person's two-part driving record does not show either a conviction for a traffic crime specified in subsection (4) of this section within five years of the date of application for the [indorsement] endorsement or a traffic accident within two years of the date of application for the [indorsement] endorsement.

(6) The department by rule may establish other circumstances under which a farm [indorsement] endorsement may be issued without an actual demonstration. The authority granted by this subsection includes, but is not limited to, authority to adopt rules specifying circumstances under which the [indorsement] endorsement may be granted to a person despite the appearance of traffic accidents on the person's record.

NOTE: Corrects nonstandard spelling in (4), (5) and (6).

SECTION 474. ORS 807.110 is amended to read:

807.110. A license issued by the Department of Transportation shall comply with all of the following:

(1) A license shall bear the distinguishing number assigned to the person issued the license by the department.

(2) A license shall contain, for the purpose of identification, a brief description of the person to whom the license is issued.

(3) A license shall contain the name, date of birth and, except as provided for officers or eligible employees in ORS 802.250, residence address of the person to whom the license is issued and a space for the person's signature.

(4) Upon request of the person to whom the license is issued, a license shall indicate on the license the fact that the person is an anatomical donor.

(5) Upon order of the juvenile court, a license shall indicate on the license the fact that the person to whom the license is issued is an emancipated minor.

(6) Except as otherwise provided in this subsection, a license shall bear a photograph described in this subsection. The Director of Transportation, by rule, may provide for issuance of a valid license without a photograph if the applicant shows good cause. The director shall include religious preferences as good cause for issuance of a license without a photograph but shall not limit good cause to religious grounds. A photograph required under this subsection shall:

(a) Be a full-faced, color photograph of the person to whom the license is issued;

(b) Be of a size approved by the department; and

(c) Be taken at the time of application for issuance of the license whether the application is for an original license, replacement of a license under ORS 807.160 or for renewal of a license under ORS 807.150.

(7) A license is not valid until signed by the person to whom it is issued.

(8) A license shall indicate the class of license issued and any [indorsements] endorsements granted. If the license is a commercial driver license, the words “commercial driver license” or the letters “CDL” shall appear on the license.

(9) The department shall use such security procedures, processes and materials in the preparation, manufacture and issuance of any license that prohibit as nearly as possible anyone's ability to alter, counterfeit, duplicate or modify the license without ready detection. The security features used in the production of the licenses shall provide for the rapid authentication of a genuine document.

NOTE: Corrects nonstandard spelling in (8).

SECTION 475. ORS 807.122 is amended to read:

807.122. (1) The Department of Transportation shall place the following restrictions on a provisional driver license issued under ORS 807.065:

(a) Except as provided in [subsection] subsections (2) and (3) of this section, for the first six months after issuance of the license, the holder of the license may not operate a motor vehicle that is carrying a passenger under 20 years of age who is not a member of the holder's immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under 20 years of age and who are not members of the holder's immediate family.

(b) For the first year after issuance of the license, the holder of the license may not operate a motor vehicle between the hours of 12 midnight and 5 a.m. except when:

(A) The holder is driving between the holder's home and place of employment;

(B) The holder is driving between the holder's home and a school event for which no other transportation is available;

(C) The holder is driving for employment purposes; or

(D) The holder is accompanied by a licensed driver who is at least 25 years of age.

(2) Subsection (1)(a) of this section does not apply to the holder of a provisional driver license who:

(a) Is employed by a farmer, rancher or orchardist;

(b) Is operating, solely for employment purposes, a motor vehicle that is owned by the employer and for which financial responsibility requirements of ORS 806.060 have been met;

(c) Is transporting passengers who are employed by the same employer as the driver and who are being transported solely for employment purposes;

(d) Is not transporting more passengers than the number of available seat belts; and

(e) Has in the vehicle a written statement signed by the employer certifying that the driver is employed by the employer and that there is no other option for transporting the employees.

(3) Subsection (1)(a) of this section does not apply to [a] the holder of a provisional driver license who is 16 or 17 years of age and who is operating a motor vehicle with an instructor in the vehicle as part of a certified traffic safety education course.

NOTE: Corrects internal reference to exceptions in (1)(a); adjusts language in (3) for consistency.

SECTION 476. ORS 807.140 is amended to read:

807.140. (1) Before the expiration of any license or a license with an [indorsement] endorsement under the vehicle code, the Department of Transportation shall notify the person to whom the license was issued of the approaching expiration. Within a reasonable time prior to the expiration date, the notice shall be mailed to the person to whom the license was issued at the address shown in the files maintained by the department.

(2) The department is not required to notify the person of an approaching expiration if the person's license has been suspended, canceled or revoked or if the person has failed to notify the department of a change of address as required under ORS 807.560.

(3) Failure to receive a notice of expiration from the department is not a defense to a charge of driving with an expired license. However, the court may dismiss the charge if the person renews the license before the scheduled court appearance.

(4) The department responsibility to maintain records concerning notice under this section is as provided under ORS 802.210.

NOTE: Corrects nonstandard spelling in (1).

SECTION 477. ORS 807.170 is amended to read:

807.170. (1) The Department of Transportation shall provide for the granting of driver license [indorsements] endorsements in a manner consistent with this section.

(2) The department shall grant an [indorsement] endorsement to any person who complies with all of the following requirements:

(a) The person must hold a valid license other than a restricted Class C license issued under the vehicle code.

(b) The person must successfully complete any tests and demonstrations referred to in ORS 807.070 that the department determines necessary to determine whether the applicant is qualified for the type of [indorsement] endorsement sought. The actual demonstration required under ORS 807.070, if any, must be performed in a vehicle that may be operated under the [indorsement] endorsement sought but that may not be operated without the [indorsement] endorsement. Tests shall include, but are not limited to, those tests necessary to determine whether the applicant:

(A) Has satisfactory knowledge of laws relating to operation under the type of [indorsement] endorsement sought, defensive driving skills, the common causes of accidents involving vehicles operated under the type of [indorsement] endorsement sought; and

(B) Can operate under the [indorsement] endorsement in a manner that will not jeopardize the safety of persons or property.

(c) The appropriate fee under ORS 807.370 for the [indorsement] endorsement, including the fee for the Motorcycle Safety Subaccount, must be paid.

(d) If the person is under 21 years of age and an applicant for a motorcycle [indorsement] endorsement, the person must comply with ORS 807.175.

(3) An [indorsement] endorsement granted under this section is subject to the following:

(a) It is part of the license upon which it is [indorsed] endorsed and is subject to any provisions applicable to the [indorsed] endorsed license under the statutes of this state.

(b) It is valid only if the license [indorsed] endorsed is valid.

(c) The appropriate fee under ORS 807.370 must be paid upon renewal of the [indorsement] endorsement in addition to any fee for renewal of the license [indorsed] endorsed.

(d) Except as provided under ORS 807.350 or as specifically provided under ORS 809.410 an [indorsement] endorsement cannot be canceled, suspended or revoked separately from the license [indorsed] endorsed. When an [indorsed] endorsed license is canceled, suspended or revoked, all [indorsements] endorsements on the license are subject to the same cancellation, suspension or revocation as the license.

(4) Before the department may renew any license with a motorcycle [indorsement] endorsement, the applicant shall pay the department the Motorcycle Safety Subaccount fee established under ORS 807.370 in addition to any fee for renewal of the license.

NOTE: Corrects nonstandard spelling.

SECTION 478. ORS 807.175 is amended to read:

807.175. The Department of Transportation may not issue a motorcycle [indorsement] endorsement to any person who is under 21 years of age unless the person shows to the satisfaction of the department that the person has successfully completed a motorcycle rider education course established by the department under ORS 802.320. This requirement is in addition to any other requirement for the [indorsement] endorsement.

NOTE: Corrects nonstandard spelling.

SECTION 479. ORS 807.220 is amended to read:

807.220. (1) The Department of Transportation shall provide for the issuance of emergency driver permits in a manner consistent with this section.

(2) Except as otherwise provided in this section an emergency driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license.

(3) The following apply to an emergency driver permit:

(a) The department may issue an emergency driver permit to a person 14 years of age or older.

(b) The department shall place restrictions on the permit that designate the routes over which the permit is valid. The department shall designate routes it determines necessary from the facts creating the emergency.

(c) The permit shall only be issued if the department is satisfied that an emergency exists that requires operation of a motor vehicle by the applicant.

(d) The department may establish a form for the permit that differs from the form required for a license.

(e) The only fee required for issuance of the permit is the emergency driver permit fee under ORS 807.370.

(f) The department may establish a period for the expiration of the permit that coincides with the end of the emergency that is the basis for the permit.

(g) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

(h) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than one approved under the permit.

(i) If an emergency driver permit is canceled, the person issued the permit is ineligible to be issued another emergency driver permit for a period of one year.

(j) In addition to any other application requirements for the emergency driver permit, the applicant must obtain the [indorsement] endorsement on the application of the sheriff of the county in which the applicant resides.

(4) The department may issue an emergency driver permit, if the person qualifies for the permit, to a person whose driving privileges are suspended under ORS 809.280 because the department has received an order of denial of driving privileges under ORS 809.260. For purposes of this subsection an emergency situation that leaves the applicant with no alternative means to travel to and from school is an emergency for purposes of this section in addition to other emergency situations.

NOTE: Corrects nonstandard spelling in (3)(j).

SECTION 480. ORS 807.230 is amended to read:

807.230. The Department of Transportation shall provide for issuance of special student driver permits in a manner consistent with this section. A special student driver permit grants the driving privileges provided in this section or under the permit. Except as otherwise provided in this section, a special student driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a Class C license. The following apply to a special student driver permit:

(1) The department may issue a special student driver permit to a person 14 years of age or older.

(2) The department shall place restrictions on the permit to limit operation of a vehicle under the permit to operation necessary as a means of transportation to or from the school, college or other educational institution attended by the person to whom the driver permit is issued.

(3) The permit shall only be issued if the applicant has no other available means of transportation by which to continue the applicant's education.

(4) The permit shall only be issued if the department is satisfied that the applicant has had sufficient experience in the operation of motor vehicles to operate a motor vehicle without endangering the safety of the public.

(5) The department may establish a form for the permit that differs from the form required for a license that is issued.

(6) The only fee required for issuance of the permit is the special student driver permit fee under ORS 807.370.

(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

(8) The department shall cancel the permit if the department determines that the holder of the permit has operated a motor vehicle over any highway or for any purpose other than as approved under the permit.

(9) If a special student driver permit is canceled, the person issued the permit is ineligible to be issued any license or driver permit until the person is old enough to be eligible for a license.

(10) In addition to any other application requirements for the special student driver permit, the applicant must:

(a) Certify that the applicant has no other available means of transportation that would enable the applicant to continue the applicant's education;

(b) Specify the road or highway over which the applicant desires to operate motor vehicles;

(c) Obtain the [indorsement] endorsement of the sheriff of the county in which the applicant resides and of the principal of the school the applicant attends; and

(d) Provide any other information required by the department.

NOTE: Corrects nonstandard spelling in (10)(c).

SECTION 481. ORS 807.252 is amended to read:

807.252. (1) The Department of Transportation may not issue a hardship permit to a person whose driving privileges are suspended for conviction of assault in the second, third or fourth degree if the person, within 10 years preceding application for the permit, has been convicted of:

(a) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle [or of:];

[(a)] (b) Reckless driving, as defined in ORS 811.140[.];

[(b)] (c) Driving while under the influence of intoxicants, as defined in ORS 813.010[.];

[(c)] (d) Failure to perform the duties of a driver involved in an accident or collision, as described in ORS 811.700 or 811.705[.];

[(d)] (e) Criminal driving while suspended or revoked, as defined in ORS 811.182[.]; or

[(e)] (f) Fleeing or attempting to elude a police officer, as defined in ORS 811.540.

(2) A conviction arising out of the same episode as the current suspension is not considered a conviction for purposes of subsection (1) of this section.

(3) The department may not issue a hardship permit to a person whose driving privileges are suspended for a conviction of assault in the second, third or fourth degree:

(a) For a period of four years from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the second degree and the person was not incarcerated for that conviction.

(b) For a period of four years from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the second degree and the person was incarcerated for that conviction.

(c) For a period of two years from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the third degree and the person was not incarcerated for that conviction.

(d) For a period of two years from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the third degree and the person was incarcerated for that conviction.

(e) For a period of six months from the date the department suspends driving privileges if the person's driving privileges are suspended for conviction of assault in the fourth degree and the person is not incarcerated for that conviction.

(f) For a period of six months from the date the person is released from incarceration for the conviction if the person's driving privileges are suspended for conviction of assault in the fourth degree and the person was incarcerated for that conviction.

(4) A hardship permit issued to a person whose driving privileges are suspended because of a conviction for assault in the second, third or fourth degree shall limit the person's driving privileges:

(a) To the times, places, routes and days the department determines to be minimally necessary for the person to retain employment, to attend any alcohol treatment or rehabilitation program or to obtain required medical treatment for the person or a member of the person's immediate family; and

(b) To times, places, routes and days that are specifically stated.

(5) The person's driving privileges under the permit are subject to suspension or revocation if the person does not maintain a good driving record, as defined by the administrative rules of the department, during the term of the permit.

(6) The department may require the person to complete a driver improvement program under ORS 809.480 as a condition of the permit.

(7) The department shall condition the permit so that the permit will be revoked if the person is convicted of any of the following:

(a) Reckless driving under ORS 811.140.

(b) Driving while under the influence of intoxicants under ORS 813.010.

(c) Failure to perform the duties of a driver under ORS 811.700 or 811.705.

(d) Fleeing or attempting to elude a police officer under ORS 811.540.

(e) Driving while suspended or revoked under ORS 811.175 or 811.182.

(f) Any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle.

NOTE: Conforms structure to legislative style in (1); corrects name of offense in (7)(b).

SECTION 482. ORS 807.280 is amended to read:

807.280. The Department of Transportation shall provide for the issuance of instruction driver permits in a manner consistent with this section. A person who is issued an instruction driver permit may exercise the same driving privileges as those under the class of license or [indorsement] endorsement for which the permit is issued except as provided in this section or under the permit. Except as otherwise provided in this section, an instruction driver permit is subject to the fees, provisions, conditions, prohibitions and penalties applicable to a license or [indorsement] endorsement granting the same driving privileges. The following apply to an instruction driver permit:

(1) An instruction driver permit is subject to the same classifications and [indorsements] endorsements as a license. The department may issue an instruction driver permit to grant the same driving privileges as a Class A commercial, Class B commercial, Class C commercial or Class C driver license or as a motorcycle [indorsement] endorsement, but the permit will also be subject to the provisions of this section.

(2) The department may issue an instruction driver permit to a person who is qualified to obtain the same driving privileges under the corresponding class of license or type of [indorsement] endorsement except for the person's age or lack of experience in the operation of motor vehicles subject to the following:

(a) An applicant must be 15 years of age or older to receive the same driving privileges as are granted under a Class C license.

(b) An applicant must be 16 years of age or older and have a commercial driver license or a Class C license to receive the same driving privileges as are granted under a motorcycle [indorsement] endorsement.

(c) An applicant must be 18 years of age or older to receive the same driving privileges as are granted under any class of license not otherwise provided for under this subsection.

(3) The only fee required for issuance of an instruction driver permit is the instruction driver permit issuance fee under ORS 807.370.

(4) A Class C instruction driver permit shall be valid for 24 months from the date of issuance. All other instruction driver permits issued under this section shall be valid for one year from the date of issuance. A permit issued under this section may not be renewed.

(5) The holder of the permit may not operate a motor vehicle unless the holder has the permit in the holder's immediate possession and is accompanied by a person with a class of license granting the same driving privileges or a license with an [indorsement] endorsement granting the same driving privileges who is not less than 21 years of age. The accompanying person must be occupying a seat beside the holder of the permit unless the permit is for motorcycle driving privileges. For a permit granting motorcycle driving privileges, the holder of the permit must be in the company and under the supervision and visual observation of the accompanying person and the accompanying person must be operating a separate motorcycle. If the permit authorizes its holder to operate a commercial motor vehicle, the accompanying person must have a commercial driver license and the proper [indorsements] endorsements for the vehicle being operated by the holder of the permit.

(6) The holder of a permit granting motorcycle driving privileges is subject to the following in addition to any other requirements under this section:

(a) The holder may only operate a motorcycle during daylight hours.

(b) The holder may not carry any passengers on the motorcycle.

(c) The holder of the permit must wear an approved helmet while operating a motorcycle.

(7) The fee for issuance of a duplicate or replacement permit because of loss, destruction or mutilation of the permit is the permit replacement fee under ORS 807.370.

NOTE: Corrects nonstandard spelling in lead-in, (1), (2) and (5).

SECTION 483. ORS 807.340 is amended to read:

807.340. (1) The Department of Transportation may require any person to whom a license, driver permit or [indorsement] endorsement is issued to appear before the department and reestablish the person's eligibility by taking either an examination under ORS 807.070 or following the procedures in ORS 807.090, as appropriate. The department may act under this section if the department has reason to believe that the person may:

(a) No longer be qualified to hold a license, driver permit or [indorsement] endorsement; or

(b) No longer be able to safely operate a motor vehicle.

(2) If a person does not appear before the department within a reasonable time after receiving notice from the department under this section or is unable to reestablish eligibility to the satisfaction of the department under this section, the department may take action to suspend the person's driving privileges under ORS 809.410.

NOTE: Corrects nonstandard spelling in (1).

SECTION 484. ORS 807.350 is amended to read:

807.350. (1) The Department of Transportation, at any time, may cancel the driving privileges or part of the driving privileges granted any person under any class of license or under any [indorsement] endorsement or any driver permit if the department determines that the person no longer meets the qualifications or requirements for the license, [indorsement] endorsement or permit.

(2) Upon cancellation under this section, a person whose privileges are canceled shall surrender to the department any license or driver permit issued for the driving privileges. Failure to comply with this subsection is subject to penalty as provided under ORS 809.500.

(3) If the department cancels driving privileges under this section, the department may provide for the issuance of a license, driver permit or license with [indorsement] endorsement or limitations granting driving privileges for which the person does qualify or meet the requirements. The department may provide for the waiver of all or part of the fees relating to the issuance of a license or driver permit when the department issues a driver permit or license under this subsection, as the department determines equitable.

(4) A person whose driving privileges are canceled under this section may only regain the canceled driving privileges by reapplying for the privileges and establishing eligibility and qualification for the driving privileges as provided by law.

NOTE: Corrects nonstandard spelling in (1) and (3).

SECTION 485. ORS 807.370 is amended to read:

807.370. The following are the fees relating to the issuance and renewal of licenses, driver permits and [indorsements] endorsements:

(1) Disability golf cart driver permit fees under ORS 807.210, as follows:

(a) For issuance, $38.50.

(b) For renewal fee under ORS 807.210, $26.50.

(2) Emergency driver permit fee under ORS 807.220, $11.

(3) Instruction driver permit issuance fee under ORS 807.280, $13.

(4) License issuance fee for a Class C license, $48.50.

(5) License issuance fee for a restricted Class C license, $48.50.

(6) License issuance fee for a commercial driver license, whether or not the license contains [indorsements] endorsements, $50.

(7) Test fees for a commercial driver license or permit:

(a) To take the knowledge test for a Class A commercial license or permit, $3.

(b) To take the skills test for a Class A commercial license, $56.

(c) To take the knowledge test for a Class B commercial license or permit, $3.

(d) To take the skills test for a Class B commercial license, $56.

(e) To take the knowledge test for a Class C commercial license or permit, $3.

(f) To take the skills test for a Class C commercial license, $56.

(8) Notwithstanding subsection (6) of this section, for issuance of a commercial driver license of any class when the Department of Transportation accepts a certificate of competency issued under ORS 807.080, $33 in addition to the fee under subsection (6) of this section.

(9) For a farm [indorsement] endorsement, $26.

(10) Test fees for the knowledge test for [indorsements] endorsements other than motorcycle and farm [indorsements] endorsements:

(a) For a hazardous materials [indorsement] endorsement, $3.

(b) For a tank vehicle [indorsement] endorsement, $3.

(c) For a passenger [indorsement] endorsement, $3.

(d) For a trailer [indorsement] endorsement, $3.

(11) Fee to take an airbrake knowledge test, $3.

(12) Fee to take an airbrake skills test to remove an airbrake restriction, $56.

(13) License renewal fee for a commercial driver license, $36.50.

(14) License renewal fee for a Class C license, $28.50.

(15) License replacement fee under ORS 807.160, $21.

(16) Original [indorsement] endorsement issuance fee under ORS 807.170 for a motorcycle [indorsement] endorsement, $46, in addition to any fees for the [indorsed] endorsed license.

(17) Permit replacement fee under ORS 807.220, 807.230, 807.280 and 807.290, $21.

(18) Special student driver permit fee under ORS 807.230, $11.

(19) Student Driver Training Fund eligibility fee under ORS 807.040 and 807.150, $6.

(20) Motorcycle Safety Subaccount fee as follows:

(a) Upon original issuance of motorcycle [indorsements] endorsements under ORS 807.170, $28.

(b) Upon renewal of a license with a motorcycle [indorsement] endorsement under ORS 807.170, $28.

(21) Probationary driver permit application fee under ORS 807.270, $50.

(22) Hardship driver permit application fee under ORS 807.240, $50.

(23) Fee for reinstatement of revoked driving privileges under ORS 809.390, $75.

(24) Fee for reinstatement of suspended driving privileges under ORS 809.380, $75.

(25) Fee for reinstatement of right to apply for driving privileges after a delay under ORS 809.280 (10) (1997 Edition), the same as the fee for reinstatement of suspended driving privileges.

NOTE: Corrects nonstandard spelling in lead-in, (6), (9), (10), (16) and (20).

SECTION 486. ORS 807.610 is amended to read:

807.610. (1) A person commits the offense of employing or providing a vehicle to an unqualified driver if the person does any of the following:

(a) Employs another person for the purpose of engaging in a particular type of operation of a vehicle for which the person does not have an appropriate grant of driving privileges from this state in the form of a license, driver permit, [indorsement] endorsement or statutory grant of driving privileges allowing the person to engage in the particular type of operation.

(b) Rents, leases or otherwise furnishes a motor vehicle owned or controlled by the person to any other person without first seeing the other person's license, driver permit or license with [indorsement] endorsement allowing the person, under the vehicle code, to operate the particular type of vehicle being furnished.

(2) The offense described in this section, employing or providing a vehicle to an unqualified driver, is a Class D traffic violation.

NOTE: Corrects nonstandard spelling in (1).

SECTION 487. ORS 809.360 is amended to read:

809.360. (1) For purposes of determining whether grounds exist for revoking or suspending driving privileges, an unvacated forfeiture of bail in another state equals a conviction.

(2) A suspension or revocation of driving privileges ordered by a court shall run concurrently with any mandatory suspension or revocation ordered by the Department of Transportation and arising out of the same conviction.

(3) Judicial review of orders denying, suspending or revoking a license, except where such suspension or revocation is mandatory, shall be as provided in ORS 183.310 to 183.550.

(4) Whenever the department or a court has reason under any laws of this state to suspend or revoke the driving privileges of any person who does not hold current driving privileges to operate motor vehicles or whose driving privileges are due to expire during a suspension period, the department or court shall suspend or revoke the right of such person to apply for driving privileges to operate motor vehicles in this state. A suspension or revocation of a right to apply for driving privileges under this subsection shall be for the period provided by law.

(5) Whenever the department or a court has reason under any laws of this state to suspend the commercial driver license of any person who does not hold a current commercial driver license or whose commercial driver license is due to expire during a suspension period, the department or court shall suspend the right of such person to apply for a commercial driver license in this state. A suspension of a right to apply for a commercial driver license under this subsection shall be for the period provided by law.

(6) Notwithstanding any other provision of law, a person who holds a farm [indorsement] endorsement described in ORS 807.035 while operating within the limitations of the [indorsement] endorsement is not subject to suspension of a commercial driver license or of the right to apply for a commercial driver license for any offense that would subject the driver of a commercial motor vehicle to such sanction. Nothing in this subsection prohibits suspension of the person's Class C driver license or the right to apply for such a license.

NOTE: Corrects nonstandard spelling in (6).

SECTION 488. ORS 809.410 is amended to read:

809.410. This section and ORS 809.407, 813.400 and 813.403 establish grounds for the suspension and revocation of driving privileges and commercial driver licenses by the Department of Transportation, whether the suspension or revocation is mandatory or permissive, the length of time the suspensions will be effective and special provisions relating to certain suspensions and revocations. Hearing and administrative review procedures for this section and ORS 809.407, 813.400 and 813.403 are established under ORS 809.440. The following apply as described:

(1) Any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a motor vehicle and assault in the first degree resulting from the operation of a motor vehicle constitute grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) A person whose driving privileges or right to apply for driving privileges are revoked under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the offense, if the sentence for the offense includes incarceration. If the sentence does not include incarceration, the person may apply for reinstatement eight years from the date the department revoked the privileges or right to apply for privileges under this subsection. The department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a revocation under this subsection.

(d) The provisions of this subsection do not apply to a person whose driving privileges are ordered revoked under ORS 809.235.

(2) Any degree of recklessly endangering another person, menacing or criminal mischief resulting from the operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) A person is entitled to administrative review of a suspension under this subsection.

(c) A suspension under this subsection shall be for a period described under Schedule I of ORS 809.420, except that the department shall not reinstate any driving privileges to the person until the person has complied with future responsibility filings.

(3) Perjury or the making of a false affidavit to the department under any law of this state requiring the registration of vehicles or regulating their operation on the highways constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) The revocation shall be for a period of one year from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a revocation under this subsection.

(4) Any felony conviction with proof of a material element involving the operation of a motor vehicle constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) The revocation shall be for a period of one year from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a revocation under this subsection.

(5) Failure to perform the duties of a driver to injured persons under ORS 811.705 constitutes grounds for revocation of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall revoke the driving privileges or right to apply for driving privileges.

(b) Except as provided in paragraph (c) of this subsection, the revocation shall be for a period of one year from the date of revocation except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) If the court indicates on the record of conviction that a person was killed as a result of the accident, the revocation shall be for a period of five years. The person may apply for reinstatement of privileges five years after the date the person was released from incarceration. If the sentence does not include incarceration, the person may apply for reinstatement five years from the date the revocation was imposed under this subsection.

(d) A person is entitled to administrative review of a revocation under this subsection.

(6) Reckless driving constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for the periods of time described under Schedule I of ORS 809.420 except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a suspension under this subsection.

(7) Failure to perform duties of a driver when property is damaged under ORS 811.700 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a record of conviction of an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for the periods of time described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a suspension under this subsection.

(8) Fleeing or attempting to elude a police officer under ORS 811.540 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) Upon receipt of a conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges.

(b) The suspension shall be for a period described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings.

(c) A person is entitled to administrative review of a suspension under this subsection.

(9) Failure to file accident reports required under ORS 811.725 or 811.730 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if the person fails to make the required accident reports.

(b) The suspension shall continue until the person makes the required reports or for five years from the date of suspension, whichever is sooner.

(10) Failure to make future responsibility filing described in this subsection constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges of a person who fails to comply with future responsibility filings whenever required under the vehicle code or to provide new proof for future responsibility filings when requested by the department.

(b) The suspension shall continue until the person complies with future responsibility filings.

(c) A person whose initial obligation to make future responsibility filings is not based upon a conviction or other action by a court is entitled to a contested case hearing prior to a suspension under this subsection. A person whose obligation to make future responsibility filings is based upon a conviction or other action by a court is entitled to administrative review of a suspension under this subsection. A person whose suspension under this subsection is based on lapses in filing after the initial filing has been made is entitled to administrative review.

(11) Failure to settle judgments as described in this subsection constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if a person has a judgment of the type described under ORS 806.040 rendered against the person and the person does not settle the judgment in the manner described under ORS 809.470 within 60 days after its entry.

(b) A suspension under this subsection shall continue until the person does one of the following:

(A) Settles the judgment in the manner described in ORS 809.470.

(B) Has an insurer which has been found by the department to be obligated to pay the judgment provided that there has been no final adjudication by a court that such insurer has no such obligation.

(C) Gives evidence to the department that a period of seven years has elapsed since the entry of the judgment.

(D) Receives from the court that rendered the judgment an order permitting the payment thereof in installments.

(c) A person is entitled to administrative review of a suspension under this subsection.

(12) False certification of financial responsibility requirements constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges if a person falsely certifies the existence of a motor vehicle liability insurance policy or the existence of some other means of satisfying financial responsibility requirements or if a person, after certifying the existence of a motor vehicle liability insurance policy or other means of satisfying the requirements, allows the policy to lapse or be canceled or otherwise fails to remain in compliance with financial responsibility requirements.

(b) The department shall only suspend under this subsection if proof of compliance with financial responsibility requirements as of the date of the letter of verification from the department under ORS 806.150 is not submitted within 30 days after the date of the mailing of the department's demand therefor under ORS 806.160.

(c) The suspension shall continue until the person complies with future responsibility filings.

(13) Failure to take examination upon request of the department under ORS 807.340 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges or right to apply for driving privileges of a person if the department requests the person to submit to examination under ORS 807.340 and the person fails to appear within a reasonable length of time after being notified to do so or fails to satisfactorily complete the required examination.

(b) The suspension shall continue until the examination required by the department is successfully completed.

(c) Upon suspension under this subsection, the department may issue an identification card to the person for identification purposes as described under ORS 807.400.

(14) Failure to obtain required medical clearance under ORS 807.070 or 807.090 upon request by the department constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department shall suspend the driving privileges of the person if the department requests the person to obtain medical clearance described by this subsection and the person fails to do so.

(b) The suspension under this subsection shall continue until the required medical clearance is received by the department.

(15) Causing or contributing to an accident resulting in death or injury to any other person or serious property damage through incompetence, recklessness, criminal negligence or unlawful operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department has reason to believe that the person may endanger people or property if not immediately suspended. Any suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440.

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(16) Incompetence to drive a motor vehicle because of a mental or physical condition rendering it unsafe for a person to drive a motor vehicle upon the highways constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department has reason to believe that the person may endanger people or property if not immediately suspended. A suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440 except that a person who has submitted a certificate of eligibility under ORS 807.090 is entitled only to administrative review of a suspension.

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(17) Habitual incompetence, recklessness or criminal negligence of a driver of a motor vehicle or committing a serious violation of the motor vehicle laws of this state constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department has reason to believe that the person may endanger people or property if not immediately suspended. Any suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440.

(b) A suspension under this subsection shall continue for a period determined by the department and be subject to any conditions the department determines necessary.

(18) A conviction under ORS 811.700 or 811.705 for failure to perform the duties of a driver while operating a commercial motor vehicle or any conviction of a crime punishable as a felony involving the operation of a commercial motor vehicle constitutes grounds for commercial driver license suspension. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the commercial driver license or right to apply for a commercial driver license of the person convicted.

(b) The suspension shall be for a period of time according to the following:

(A) If the person's commercial driver license has not previously been suspended under this subsection, ORS 813.403 or 813.410 (2) and the person was not driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of one year.

(B) If the person's commercial driver license has not previously been suspended under this subsection, ORS 813.403 or 813.410 (2) and the person was driving a commercial motor vehicle containing a hazardous material at the time the offense was committed, the suspension shall be for a period of three years.

(C) If the person's commercial driver license has previously been suspended under this subsection, ORS 813.403 or 813.410 (2), the suspension shall be for the lifetime of the person.

(c) A person is entitled to administrative review of a suspension under this subsection.

(19) Use of a commercial motor vehicle in the commission of a crime punishable as a felony involving the manufacturing, distributing or dispensing of a controlled substance constitutes grounds for commercial driver license suspension. The following apply to this subsection:

(a) Upon receipt of a record of conviction for an offense described in this subsection, the department shall suspend the commercial driver license or right to apply for a commercial driver license of the person convicted.

(b) The suspension shall be for the lifetime of the person.

(c) A person is entitled to administrative review of a suspension under this subsection.

(d) “Controlled substance” has the meaning given that term in ORS 475.005 (6).

(20) Incompetence to operate a motorcycle constitutes grounds for revocation of a motorcycle [indorsement] endorsement. The following apply to this subsection:

(a) Whenever the department has reason to believe an individual with a motorcycle [indorsement] endorsement under ORS 807.170 comes within the grounds described in this subsection, the department may revoke the [indorsement] endorsement.

(b) Upon revocation under this subsection, the license shall be surrendered to the department.

(c) Upon surrender of the [indorsed] endorsed license, the department may issue a license without [indorsement] endorsement for the unexpired period of the license.

(21) The department forthwith shall suspend the driving privileges of any person for a period of time required by this subsection if the person is involved in a motor vehicle accident at any time when the department determines the person has been operating a vehicle in violation of ORS 806.010. A suspension under this subsection shall be for a period of one year except that the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filing requirements.

(22) Upon notification by the superintendent of a hospital under ORS 807.700 that a person should not drive, the department shall immediately suspend the driving privileges of the released person. A suspension under this subsection is subject to administrative review and shall continue until such time as the person produces a judicial decree of competency or a certificate from the superintendent of the hospital that the person is competent or establishes eligibility under ORS 807.090.

(23) Upon notification by a court under ORS 810.375 that a person charged with a traffic offense has been found guilty except for insanity and committed to the jurisdiction of the Psychiatric Security Review Board, the department shall immediately suspend the driving privileges of the person. A suspension under this subsection is subject to administrative review and shall continue until such time as the person establishes eligibility under ORS 807.090.

(24) The department shall suspend driving privileges when provided under ORS 809.290. The suspension shall continue until the earlier of the following:

(a) The person establishes to the satisfaction of the department that the person has performed all acts necessary under ORS 809.290 to make the person not subject to suspension.

(b) Five years from the date the suspension is imposed.

(c) A person is entitled to administrative review of a suspension under this subsection.

(25) Criminal trespass under ORS 164.245 that involves the operation of a motor vehicle constitutes grounds for suspension of driving privileges. The following apply to suspension on grounds described in this subsection:

(a) Upon receipt of a conviction for an offense described in this subsection, the department shall suspend the driving privileges or right to apply for driving privileges of the person convicted for a period of six months from the date of suspension.

(b) A person is entitled to administrative review of a suspension under this subsection.

(26) Agreements entered under ORS 802.530 may establish grounds and procedures for the suspension of driving privileges.

(27) Violation of restrictions placed on driving privileges under ORS 807.120 constitutes grounds for suspension of driving privileges. The following apply to this subsection:

(a) The department immediately may suspend the driving privileges of any person without hearing and without receiving a record of the conviction of such person of crime if the department receives satisfactory evidence that the person has violated restrictions placed on the person's driving privileges. Any suspension under this paragraph shall be subject to a post-imposition hearing under ORS 809.440.

(b) A suspension under this subsection shall continue for a period determined by the department, but in no event for longer than one year, and shall be subject to any conditions the department determines necessary.

(28) Upon receipt of a record of a person's second conviction of a serious traffic violation within a three-year period, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 60 days. A person is entitled to administrative review of a suspension under this subsection.

(29) Upon receipt of a record of a person's third or subsequent conviction of a serious traffic violation within a three-year period, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license if the convictions arose out of separate incidents. A suspension under this subsection shall be for a period of 120 days. A person is entitled to administrative review of a suspension under this subsection.

(30)(a) Upon receipt of a record of conviction of an offense described in ORS 809.310, the department shall, or upon determination by the department that the person has committed an act that constitutes such an offense, the department may suspend any driving privileges, any right to apply for privileges or any identification card of the person convicted or determined to have committed the act.

(b) A suspension under this subsection shall continue for a period of one year.

(c) A person is entitled to administrative review of a suspension under this subsection if the suspension is based upon a conviction. If the suspension is based upon a determination by the department, the person is entitled to a hearing as described in ORS 809.440.

(31) Except as otherwise provided in subsection (33) of this section, upon receipt of a first notice indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of 90 days. For purposes of this subsection, “notice” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(32) Except as otherwise provided in subsection (34) of this section, upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order issued under ORS 813.050 or has knowingly violated any other out-of-service order or notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of three years. For purposes of this subsection, “notice” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(33) Upon receipt of a first notice indicating that a person has violated an out-of-service order while transporting hazardous materials required to be placarded, or while operating a motor vehicle designed to transport 16 or more persons, including the driver, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of one year. For purposes of this subsection, “notice” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(34) Upon receipt of a second or subsequent notice within a 10-year period indicating that a person has violated an out-of-service order, if the person was transporting hazardous materials required to be placarded, or was operating a motor vehicle designed to transport 16 or more persons, including the driver, then regardless of the load or kind of vehicle involved in the first notice, the department shall suspend the person's commercial driver license or right to apply for a commercial driver license for a period of five years. For purposes of this subsection, “notice” includes, but is not necessarily limited to, a record of conviction and a record of a determination by a state or federal agency with jurisdiction to make such determinations that the person has violated an out-of-service order or notice. A person is entitled to administrative review of a suspension under this subsection.

(35) Upon receipt of a record of a person's conviction of reckless endangerment of highway workers under ORS 811.231 (1), the department shall suspend the person's driving privileges or right to apply for driving privileges. The suspension shall be for periods of time described under Schedule I of ORS 809.420 except the department shall not reinstate any driving privileges to the person until the person complies with future responsibility filings. A person is entitled to administrative review of a suspension under this subsection.

(36) Upon notification by a school superintendent or a school district board under ORS 339.254, the department shall suspend the driving privileges of a person or the right to apply for driving privileges. The suspension shall be for the amount of time stated in the notice. A person is entitled to administrative review of a suspension under this subsection.

(37)(a) Assault in the second, third or fourth degree resulting from the operation of a motor vehicle constitutes grounds for suspension of driving privileges. Upon receipt of a record of conviction for assault in the second, third or fourth degree, the department shall suspend the driving privileges or right to apply for driving privileges of the person convicted.

(b) A person who is convicted of assault in the second degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges eight years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges eight years from the date the department suspended the privileges or right to apply for privileges under this subsection.

(c) A person who is convicted of assault in the third degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges five years from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges five years from the date the department suspended the privileges or right to apply for privileges under this subsection.

(d) A person who is convicted of assault in the fourth degree and whose driving privileges or right to apply for driving privileges are suspended under this subsection may apply for reinstatement of driving privileges one year from the date the person is released from incarceration for the conviction, if the sentence includes incarceration. If the sentence for the conviction does not include incarceration, the person may apply for reinstatement of driving privileges or right to apply for driving privileges one year from the date the department suspended the privileges or right to apply for privileges under this subsection.

(e) The department shall not reinstate any driving privileges to the person whose privileges are suspended under this subsection until the person complies with future responsibility filings.

(f) A person is entitled to administrative review of a suspension under this subsection.

(38) Upon receipt of notification of a court order that a person's driving privileges or right to apply for driving privileges be suspended for violation of ORS 167.401, the department shall suspend the driving privileges or the right to apply for driving privileges of the person subject to the order for the time specified in the order. A person is entitled to administrative review of a suspension under this subsection.

(39) Withdrawal from school by a person under 18 years of age constitutes grounds for suspension of driving privileges. Upon receipt of a notice under ORS 339.257 that a person under 18 years of age has withdrawn from school, the department shall notify the person that driving privileges will be suspended on the 30th day following the date of the notice unless the person presents documentation that complies with ORS 807.066. A suspension under this subsection shall continue until the person reaches 18 years of age or until the person presents documentation that complies with ORS 807.066. Appeals of a suspension under this subsection shall be as provided by a school district or private school under a policy adopted in accordance with ORS 339.257.

NOTE: Corrects nonstandard spelling in (20).

SECTION 489. ORS 810.365 is amended to read:

810.365. If a vehicle owner cited under ORS 810.425 to appear in a circuit or justice court upon an alleged parking offense fails to appear on or before the date and time stated on the citation, the court and the Department of Transportation may take such actions as are otherwise authorized by law under the Oregon Vehicle Code in the case of a failure to appear, except that in no case may a warrant of arrest be issued nor a criminal prosecution for failure to appear be commenced unless the citing or prosecuting authority, more than 10 days prior thereto, has sent a letter to the registered owner at the address shown upon the records of the department advising [such] the owner of the charge pending and informing the owner that the owner may be subject to arrest if the owner does not appear in the court within 10 days to answer the charge. The letter must be sent by certified mail, restricted delivery, return receipt requested. A warrant of arrest may not be issued[,] nor a criminal prosecution for failure to appear be commenced if such a letter has not been sent or if the owner appears in court to answer the charge within 10 days after receiving the letter.

NOTE: Conforms syntax to legislative style; corrects punctuation.

SECTION 490. ORS 810.434, 810.435 and 810.436 are added to and made a part of the Oregon Vehicle Code.

NOTE: Adds sections to appropriate chapter series.

SECTION 491. ORS 810.434 is amended to read:

810.434. (1) Any city with a population of 30,000 or more may, at its own cost, operate cameras designed to photograph drivers who violate ORS 811.265 by failing to obey a traffic control device. Notwithstanding the population requirement of [subsections (1) to (4) of] this section, the City of Newberg may operate cameras as provided for other cities in [subsections (1) to (4) of] this section.

(2) Cameras operated under [subsections (1) to (4) of] this section may be mounted on street lights or put in other suitable places.

(3) A city that chooses to operate a camera shall:

(a) Provide a public information campaign to inform local drivers about the use of cameras before citations are actually issued; and

(b) Once each biennium, conduct a process and outcome evaluation for the Department of Transportation that includes:

(A) The effect of the use of cameras on traffic safety;

(B) The degree of public acceptance of the use of cameras; and

(C) The process of administration of the use of cameras.

(4) The Department of Transportation shall provide an executive summary of the process and outcome evaluations to each regular session of the Legislative Assembly. The summary shall be presented to the Legislative Assembly by March 1 of the year of each regular session.

(5)(a) Except as otherwise provided in paragraph (b) of this subsection, a city authorized to operate cameras under [subsections (1) to (4) of] this section may not operate the cameras at more than four intersections in the city.

(b) A city with a population of 300,000 or more may not operate cameras at more than eight intersections in the city.

NOTE: Deletes unnecessary internal subsection references in (1), (2) and (5)(a).

SECTION 492. ORS 810.435 is amended to read:

810.435. Photographs taken under ORS 810.434 [(1) to (4)] may be submitted into evidence in a trial, administrative proceeding or other judicial or quasi-judicial proceeding only for the purpose of proving or disproving a violation of ORS 811.265.

NOTE: Deletes unnecessary subsection reference.

SECTION 493. ORS 810.436 is amended to read:

810.436. (1) Notwithstanding any other provision of law, if a city authorized to do so by ORS 810.434 [(1) to (4)] chooses to operate a camera that complies with this section and ORS 810.434 [(1) to (4)], a citation for violation of ORS 811.265 may be issued on the basis of photographs from a camera taken without the presence of a police officer if the following conditions are met:

(a) Signs are posted, so far as is practicable, on all major routes entering the jurisdiction indicating that compliance with traffic control devices is enforced through cameras.

(b) Signs are posted near each traffic control device at which a camera is installed, indicating that a camera may be in operation at that device.

(c) The citation is mailed to the registered owner of the vehicle, or to the driver if identifiable, within 10 business days of the alleged violation.

(d) The registered owner is given 30 days from the date the citation is mailed to respond to the citation.

(e) A police officer who has reviewed the photograph signs the citation. The citation may be prepared on a digital medium, and the signature may be electronic in accordance with the provisions of ORS 84.001 to 84.061.

(2) If the person named as the registered owner of a vehicle in the current records of the Department of Transportation fails to respond to a citation issued under subsection (1) of this section, a default judgment under ORS 153.102 may be entered for failure to appear after notice has been given that the judgment will be entered.

(3) A rebuttable presumption exists that the registered owner of the vehicle was the driver of the vehicle when the citation was issued and delivered as provided in this section.

(4) A person issued a citation under subsection (1) of this section may respond to the citation by submitting a certificate of innocence or a certificate of nonliability under subsection (6) of this section or any other response allowed by law.

(5) A citation for violation of ORS 811.265 issued on the basis of photographs from a camera installed as provided in this section and ORS 810.434 [(1) to (4)] may be delivered by mail or otherwise to the registered owner of the vehicle or to the driver if the driver is identifiable from the photograph.

(6)(a) If a registered owner of a vehicle responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of innocence swearing or affirming that the owner was not the driver of the vehicle and a photocopy of the owner's driver license, the citation shall be dismissed. The citation may be reissued if the jurisdiction verifies that the registered owner appears to have been the driver at the time of the violation.

(b) If a business or public agency responds to a citation issued under subsection (1) of this section by submitting, within 30 days from the mailing of the citation, a certificate of nonliability stating that at the time of the alleged violation the vehicle was in the custody and control of an employee or was in the custody and control of a renter or lessee under the terms of a motor vehicle rental agreement or lease, and if the business or public agency provides the driver license number, name and address of the employee, renter or lessee, the citation shall be dismissed with respect to the business or public agency. The citation may then be reissued and delivered by mail or otherwise to the employee, renter or lessee identified in the certificate of nonliability.

(7) The penalties for and all consequences of a violation of ORS 811.265 initiated by the use of a camera installed as provided in this section and ORS 810.434 [(1) to (4)] are the same as for a violation initiated by any other means.

(8) A registered owner or an employee, renter or lessee against whom a judgment for failure to appear is entered may move the court to relieve the owner or the employee, renter or lessee from the judgment as provided in ORS 153.105 if the failure to appear was due to mistake, inadvertence, surprise or excusable neglect.

NOTE: Deletes unnecessary subsection references in (1), (5) and (7).

SECTION 494. ORS 811.808 is amended to read:

811.808. Notwithstanding ORS 811.110, 811.112, 811.123 or 811.295, while overtaking the funeral procession in order to direct traffic at the next intersection, the funeral escort vehicle may exceed the posted speed limit by 10 miles per hour and may cross the center line of a roadway that is divided into two or more lanes.

NOTE: Clarifies that section is exception to urban speed limits imposed by 811.123.

SECTION 495. ORS 813.010 is amended to read:

813.010. (1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

(a) Has :NULL..08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150;

(b) Is under the influence of intoxicating liquor, a controlled substance or an inhalant; or

(c) Is under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance.

(2) A person may not be convicted of driving while under the influence of intoxicants on the basis of being under the influence of a controlled substance or an inhalant unless the fact that the person was under the influence of a controlled substance or an inhalant is pleaded in the accusatory instrument and is either proved at trial or is admitted by the person through a guilty plea.

(3) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section.

(4) Except as provided in subsection (5) of this section, the offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public.

(5) Driving while under the influence of intoxicants is a Class C felony if the defendant has been convicted of driving while under the influence of intoxicants in violation of this section or its statutory counterpart in another jurisdiction at least three times in the 10 years prior to the date of the current offense and the current offense was committed in a motor vehicle. For purposes of this subsection, a prior conviction for boating while under the influence of intoxicants in violation of ORS 830.325 or its statutory counterpart in another jurisdiction, or for prohibited operation of an aircraft in violation of ORS 837.080 (1)(a) or its statutory counterpart in another jurisdiction, shall be considered a prior conviction of driving while under the influence of intoxicants.

(6) In addition to any other sentence that may be imposed, the court shall impose a fine on a person convicted of driving while under the influence of intoxicants as follows:

(a) For a person's first conviction, a minimum of $1,000.

(b) For a person's second conviction, a minimum of $1,500.

(c) For a person's third or subsequent conviction, a minimum of $2,000 if the person is not sentenced to a term of imprisonment.

NOTE: Corrects name of offense in (2).

SECTION 496. ORS 813.020 is amended to read:

813.020. When a person is convicted of driving while under the influence of intoxicants in violation of ORS 813.010, a court shall comply with the following in addition to any fine or other penalty imposed upon the person under ORS 813.010:

(1) The court shall require the person to:

(a) Pay to the court the fee described under ORS 813.030 in addition to any fine imposed under ORS 813.010; and

(b) Complete a screening interview and a treatment program as provided in ORS 813.021.

(2) The court must impose and not suspend execution of a sentence requiring the person either to serve at least 48 hours' imprisonment, which shall be served consecutively unless justice requires otherwise, or to perform community service for times specified by the court under ORS 137.129. For purposes of this subsection:

(a) A court may provide for the imprisonment to be served in jail, minimum security facilities or inpatient rehabilitation or treatment centers.

(b) Whenever the judge provides for the mandatory imprisonment to be served other than consecutively, the judgment must specifically so provide and the judge must state the reasons in writing.

(3) In a county that has a victim impact program a court may require the person to attend a victim impact treatment session. If the court requires attendance under this section, the court may require the defendant to pay a reasonable fee to the victim impact program to offset the cost of the defendant's participation. The fee shall be established for each county by the victim impact panel coordinator and steering committee of that county and shall be not less than $5 or more than $50.

NOTE: Corrects name of offense in lead-in; fixes punctuation in (2).

SECTION 497. ORS 815.010 is amended to read:

815.010. (1) Testing requirements for approval of equipment under the vehicle code shall be met by the manufacturer submitting a report from a laboratory approved by the Department of Transportation showing compliance with the current standards of the Society of Automotive Engineers, the [United States of America] American National Standards Institute or the [United States Bureau of Standards] National Institute of Standards and Technology. This subsection supersedes any provision to the contrary in the vehicle code.

(2) A federal vehicle safety standard that conflicts with an equipment provision of the vehicle code applicable to the same aspect of performance shall supersede that specific provision of the vehicle code with respect to vehicles in compliance with the federal vehicle safety standard that was in effect at the time of sale.

NOTE: Corrects titles of institutes in (1).

SECTION 498. ORS 815.040 is amended to read:

815.040. (1) The Department of Transportation shall establish standards for safety glazing material used in vehicle windows and windshields including standards for any glazing material so constructed, treated or combined with other materials as to reduce substantially, in comparison to ordinary sheet or plate glass, the likelihood of injury to persons by broken or cracked glass or by objects from external sources.

(2) The standards adopted under this section shall conform, insofar as practical, to safety standards and specifications for safety glazing material issued by the federal government.

(3) A manufacturer of any glazing material upon which approval for use in motor vehicles is desired shall submit to the department a test report from the National [Bureau of Standards] Institute of Standards and Technology if available, or if not, any other nationally recognized testing laboratories as authorized by the department.

(4) If the department finds that a glazing material so tested conforms with the standards adopted by the department, the department shall place the material on an approved list.

(5) The department shall publish the list of approved safety glazing materials.

(6) Prohibitions and penalties relating to the standards established under this section are provided under ORS 815.090 and 815.210.

(7) The standards established under this section may not restrict the installation and use of window tinting material that meets the requirements of ORS 815.221.

NOTE: Corrects title of federal agency in (3).

SECTION 499. ORS 830.092 is amended to read:

830.092. A boating safety [education] certificate is not required if a person:

(1) Is at least 16 years of age and rents a motorboat with an engine greater than 10 horsepower and completes a required dockside safety checklist before operating the boat;

(2) Possesses a current commercial fishing license as required by ORS 508.235;

(3) Possesses a valid United States Coast Guard commercial motorboat operator's license;

(4) Is not a resident of this state and does not operate a boat with an engine greater than 10 horsepower in Oregon waters for more than 60 consecutive days;

(5) Is not a resident of this state, holds a current out-of-state boating safety [education] certificate and has the out-of-state certificate in the person's possession;

(6) Holds a temporary certificate as described under ORS 830.084; or

(7) Is not yet required to have a certificate under the phase-in program developed by the State Marine Board pursuant to section 9, chapter 716, Oregon Laws 1999.

NOTE: Corrects name of certificate in lead-in and (5).

SECTION 500. ORS 830.094 is amended to read:

830.094. A person shall carry a boating safety [education] certificate on the boat while operating a motorboat, as required, and shall present the certificate to a peace officer upon request by the peace officer.

NOTE: Corrects name of certificate.

SECTION 501. ORS 830.110 is amended to read:

830.110. In addition to the powers and duties otherwise provided in this chapter, the State Marine Board shall have the power and duty to:

(1) Make all rules necessary to carry out the provisions of this chapter. The rules shall be made in accordance with ORS 183.310 to 183.550.

(2) Devise a system of identifying numbers for boats, floating homes and boathouses. If an agency of the federal government has an overall system of identification numbering for boats within the United States, the system devised by the board shall conform with the federal system.

(3) Cooperate with state and federal agencies to promote uniformity of the laws relating to boating and their enforcement.

(4) Make contracts necessary to carry out the provisions of ORS 830.060 to 830.145, 830.700 to 830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870.

(5) Advise and assist county sheriffs and other peace officers in the enforcement of laws relating to boating.

(6) Study, plan and recommend the development of boating facilities throughout the state which will promote the safety and pleasure of the public through boating.

(7) Publicize the advantage of safe boating.

(8) Accept gifts and grants of property and money to be used to further the purposes of this chapter.

(9) Exempt from any provisions of this chapter any class of boats if it determines that the safety of persons and property will not be materially promoted by the applicability of those provisions to the class of boats, but the board shall not exempt from numbering any class of boats unless it determines that the numbering will not materially aid in their identification and unless the secretary of the department of the federal government under which the United States Coast Guard is operating has exempted from numbering the same boats or classes of boats.

(10) Appoint and require the bonding of agents to issue a temporary permit to operate a boat. The agents may charge, in addition to the prescribed fees, $1 per transaction for their services in issuing the temporary permit.

(11) Publish and distribute to the interested public the boating laws of this state and resumes or explanations of those laws.

(12) Publish and distribute forms for any application required under this chapter and require the use of such forms.

(13) Make rules for the uniform navigational marking of the waters of this state. Such rules shall not conflict with markings prescribed by the United States Coast Guard. No political subdivision or person shall mark the waters of this state in any manner in conflict with the markings prescribed by the board.

(14) Make rules regarding marine toilets and their use consistent with the prevention and control of pollution of the waters of this state and not in conflict with the rules of the Department of Human Services or the Environmental Quality Commission.

(15) Institute proceedings to enjoin unlawful obstructions injuring free navigation on the waters of this state.

(16) Make rules regulating water ski course markers, ski jumps and other special use devices placed in the waters of this state. Such rules may regulate the installation and use of the devices and may require a permit.

(17) Adopt rules necessary to carry out and enforce the provisions of ORS 830.950 and 830.955. The rules shall include but need not be limited to:

(a) The kinds of protective covering or physical barriers that are acceptable to be used between a submersible polystyrene device and the water.

(b) Guidelines for the use of submersible polystyrene devices for the repair or maintenance of existing docks or floats.

(18) Adopt rules [no later than November 1, 1991,] providing for establishment of a Safe Boating Education Course to be made available to courts and law enforcement agencies within this state for use as a sentencing option for those individuals convicted of boating offenses. The board shall specify the content of the Safe Boating Education Course and shall prescribe procedures for making the course available to local courts and law enforcement agencies, including procedures for promptly notifying such courts whether individuals required to enroll in the course have taken and successfully passed the course. Such rules may provide for administration of the course through nonprofit organizations, such as the United States Coast Guard Auxiliary, United States Power Squadrons or similar groups.

(19) For purposes of ORS 830.175, 830.180, 830.185 and 830.195, in cooperation with the State Aviation Board, regulate boats that are seaplanes as provided in [section 4, chapter 655, Oregon Laws 1995, and] ORS 830.605 and 835.200.

NOTE: Deletes obsolete provisions in (18) and (19).

SECTION 502. ORS 830.770 is amended to read:

830.770. (1) No person shall operate a boat on the waters of this state and no owner of a boat shall knowingly allow another to operate the owner's boat on the waters of this state unless:

[(1)] (a) The owner of the boat holds a valid, effective certificate of number issued in the owner's name as owner:

[(a)] (A) By this state, as provided in ORS 830.060 to 830.145 and 830.700 to 830.870; [or]

[(b)] (B) By an agency of the federal government; or

[(c)] (C) By the state of principal use which issued the certificate of number under a federally approved numbering system.

[(2)] (b) The certificate of number is carried on the boat, except as provided in subsection [(3)] (2) of this section.

[(3)] (2) Persons renting a boat from a livery are not required to carry the certificate of number on the boat, provided:

(a) The livery owner retains the certificate of number at the livery office for immediate inspection by a peace officer;

(b) The boat is clearly marked and identified as a livery boat; and

(c) The boat operator has a signed rental or lease agreement containing the boat's identifying number and the period of time for which the boat is rented or leased.

NOTE: Restructures section to eliminate lead-in problem; deletes superfluous conjunction in (1)(a)(A); adjusts internal reference in (1)(b).

SECTION 503. ORS 830.780 is amended to read:

830.780. (1) No person shall operate a boat on the waters of this state unless:

[(1)] (a) There is painted on or attached to each side of the forward half of the boat a valid, effective identifying number awarded to the boat:

[(a)] (A) By this state; [or]

[(b)] (B) By an agency of the federal government; or

[(c)] (C) Subject to the provisions of ORS 830.805, by another state [which] that awards identifying numbers under a federally approved numbering system.

[(2)] (b) The identifying number described in [subsection (1) of this section] paragraph (a) of this subsection is painted or attached on each side of the forward half of the vessel in such position as to provide clear legibility for identification. The numbers shall read from left to right and shall be in block characters of good proportion not less than three inches in height. The numbers shall be of a color [which] that will contrast with the color of the background and so maintained as to be clearly visible and legible; i.e., dark letters on a light background, or light letters on a dark background.

[(3)] (c) No number other than the identifying number described in [subsection (1) of this section] paragraph (a) of this subsection appears on the forward half of the boat.

[(4)] (2) No person or dealer shall sell or display for sale a boat previously numbered by this state, by an agency of the federal government[,] or by another state [which] that issued a certificate of number under a federally approved numbering system unless the identifying number appears on each side of the forward half of the boat.

NOTE: Restructures section to eliminate lead-in problem; deletes superfluous conjunction in (1)(a)(A); corrects grammar in (1)(a)(C), (1)(b) and (2); adjusts internal references in (1)(b) and (c); corrects punctuation in (2).

SECTION 504. ORS 830.830 is amended to read:

830.830. (1) A dealer or boat manufacturer:

(a) May apply to the State Marine Board for one or more identifying numbers issued under this section.

(b) Shall display an identifying number issued under this section on a boat while operating or using the boat for a purpose related to the testing, buying, selling or exchanging of the boat.

(2) The application for a number under this section shall include the name and the business address of the dealer or boat manufacturer. Any number of identifying numbers may be requested in the same application.

(3) An application for a number under this section shall be accompanied by the following fees:

(a) For the first number applied for, $28.

(b) For each additional number applied for in any application and all renewals, $6.

(4) The board shall issue a certificate of number or registration for each identifying number awarded under this section in the same manner as provided in ORS 830.795. Numbers and certificates issued under this section are subject to the following:

(a) An identifying number is valid for not more than two years.

(b) No boat shall be described in the certificate and each certificate shall state that the identifying number has been awarded to a dealer or boat manufacturer.

(c) A certificate of number issued under this section expires on December 31 of the year indicated on the certificate.

(5) The provisions of ORS 830.800 (2) and (4) apply to a certificate of number issued under this section.

(6) An identifying number issued under this section shall be displayed on a boat of a dealer or boat manufacturer in the same manner as provided in ORS 830.780 [(2)], except that the number may be temporarily attached.

(7) No person other than a dealer or boat manufacturer or a representative of a dealer or boat manufacturer shall display or use an identifying number issued under this section.

(8) No person shall use an identifying number issued under this section for any purpose other than the purpose described in subsection (1) of this section.

NOTE: Eliminates renumbered subsection reference in (6); see section 503 (amending 830.780).

SECTION 505. ORS 835.205 is amended to read:

835.205. For purposes of ORS 830.175, 830.180, 830.185 and 830.195, the Oregon Department of Aviation, in cooperation with the State Marine Board, shall regulate boats that are seaplanes as provided in ORS 830.605 and 835.200 [and section 4, chapter 655, Oregon Laws 1995].

NOTE: Deletes outdated provision.

SECTION 506. ORS 836.005 is amended to read:

836.005. When used in the laws of this state relating to aviation, unless the context otherwise provides:

(1) “Air navigation facility” means any facility other than one owned or operated by the United States used in, available for use in, or designed for use in, aid of air navigation, including airports and any structures, mechanisms, lights, beacons, markers, communicating system or other instrumentalities or devices used or useful as an aid, or constituting an advantage or convenience to the safe taking-off, navigation and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

(2) “Aircraft” means any contrivance used or designed for navigation of or flight in the air, but does not mean a one-person motorless glider that is launched from the earth's surface solely by the operator's power.

(3) “Airport” means any area of land or water, within or without this state, that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.

(4) “Airport hazard” means any structure, object of natural growth, or use of land, that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off.

(5) “Aviation” means the science and art of flight and includes but is not limited to:

(a) Transportation by aircraft;

(b) The operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories, including the repair, packing and maintenance of parachutes;

(c) The design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities; and

(d) Instruction in flying or ground subjects pertaining thereto.

[(6) “Department” means the Oregon Department of Aviation.]

[(7)] (6) “Civil aircraft” means any aircraft other than a public aircraft.

(7) “Department” means the Oregon Department of Aviation.

(8) “Municipality” means any county, city, town, village, borough, authority, district or other political subdivision or public corporation of this state. “Municipal” means pertaining to a municipality as defined in this section.

(9) “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state.

(10) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

(11) “Pilot” means any individual certificated by the federal government to operate an aircraft or an individual in training for such certification who possesses a valid student pilot certificate issued by the appropriate federal agency.

(12) “Public aircraft” means any aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States, or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes.

(13) “State” or “this state” means the State of Oregon and territory over which any municipality of the State of Oregon has jurisdiction.

NOTE: Alphabetizes definitions in (6) and (7).

Approved by the Governor March 25, 2003

Filed in the office of Secretary of State March 25, 2003

Effective date January 1, 2004

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