77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2148

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of House Interim Committee on Higher
  Education for House Interim Committee on Judiciary)

                     CHAPTER ................

                             AN ACT

Relating to correction of erroneous material in Oregon law;
  creating new provisions; amending ORS 30.865, 109.135, 146.035,
  161.327, 163.193, 163.700, 173.763, 173.766, 174.112, 174.120,
  174.535, 174.540, 176.260, 181.610, 197.649, 200.065, 215.211,
  255.235, 258.280, 273.554, 291.229, 295.046, 329.704, 332.118,
  334.125, 336.585, 336.590, 339.035, 341.425, 341.430, 341.440,
  341.535, 342.156, 342.173, 342.360, 343.155, 343.224, 346.015,
  346.035, 346.041, 348.105, 348.270, 351.293, 351.296, 352.720,
  352.790, 390.114, 408.370, 413.011, 413.032, 413.037, 413.520,
  418.580, 419B.100, 427.293, 431.864, 433.815, 442.342, 443.065,
  460.330, 460.355, 461.010, 468.581, 469.805, 471.580, 496.090,
  536.220, 539.040, 608.015, 646.605, 646.951, 646.957, 657.335,
  671.425, 684.040, 685.060, 688.132, 701.348, 743.777, 774.070,
  802.110 and 830.990 and section 4, chapter 455, Oregon Laws
  2005, sections 8, 12, 14 and 16, chapter 624, Oregon Laws 2011,
  section 3, chapter 88, Oregon Laws 2012, and section 1, chapter
  101, Oregon Laws 2012, and ORCP 38 C; and repealing section 13,
  chapter 658, Oregon Laws 2003, and section 8, chapter 59,
  Oregon Laws 2010.

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, chapter 104, Oregon Laws 2001,
chapter 14, Oregon Laws 2003, chapter 22, Oregon Laws 2005,
chapter 71, Oregon Laws 2007, chapter 11, Oregon Laws 2009,
 { - or - } chapter 9, Oregon Laws 2011,  { + or this 2013
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, chapter 104, Oregon Laws 2001, chapter 14, Oregon Laws
2003, chapter 22, Oregon Laws 2005, chapter 71, Oregon Laws 2007,

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 1

chapter 11, Oregon Laws 2009,   { - and - } chapter 9, Oregon
Laws 2011,  { + and this 2013 Act + } except insofar as the
amendments thereto, or repeals thereof, specifically require.
   { +  NOTE: + } Sets forth Reviser's Bill policy statement.
  SECTION 2. ORCP 38 C is amended to read:
  C Foreign depositions and subpoenas.
  C(1) Definitions. For the purpose of this   { - rule - }  { +
section + }:
  C(1)(a) 'Foreign subpoena' means a subpoena issued under
authority of a court of record of any state other than Oregon.
  C(1)(b) 'State' means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any territory or
insular possession subject to the jurisdiction of the United
States.
  C(2) Issuance of subpoena.
  C(2)(a) To request issuance of a subpoena under this
 { - rule - }  { +  section + }, a party or attorney shall submit
a foreign subpoena to a clerk of court in the county in which
discovery is sought to be conducted in this state.
  C(2)(b) When a party or attorney submits a foreign subpoena to
a clerk of court in this state, the clerk, in accordance with
that court's procedure and requirements, shall assign a case
number and promptly issue a subpoena for service upon the person
to whom the foreign subpoena is directed. If a party to an
out-of-state proceeding retains an attorney licensed to practice
in this state, that attorney may assist the clerk in drafting the
subpoena.
  C(2)(c) A subpoena under this subsection shall:
  (i)   { - conform - }  { +  Conform + } to the requirements of
these Oregon Rules of Civil Procedure, including Rule 55, and
conform substantially to the form provided in Rule 55 A but may
otherwise incorporate the terms used in the foreign subpoena as
long as those terms conform to these rules; and
  (ii)   { - contain - }  { +  Contain + } or be accompanied by
the names, addresses, and telephone numbers of all counsel of
record in the proceeding to which the subpoena relates and of any
party not represented by counsel.
  C(3) Service of subpoena. A subpoena issued by a clerk of court
under subsection (2) of this   { - rule - }  { +  section + }
shall be served in compliance with Rule 55.
  C(4) Effects of request for subpoena. A request for issuance of
a subpoena under this   { - rule - }  { +  section + } does not
constitute an appearance in the court. A request does allow the
court to impose sanctions for any action in connection with the
subpoena that is a violation of applicable law.
  C(5) Motions. A motion to the court, or a response thereto, for
a protective order or to enforce, quash, or modify a subpoena
issued by a clerk of court pursuant to this   { - rule - }  { +
section + } is an appearance before the court and shall comply
with the rules and statutes of this state. The motion shall be
submitted to the court in the county in which discovery is to be
conducted.
  C(6) Uniformity of application and construction. In applying
and construing this   { - rule - }  { +  section + },
consideration shall be given to the need to promote the
uniformity of the law with respect to its subject matter among
states that enact it.

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 2

   { +  NOTE: + } Corrects internal references in C(1), (2)(a),
(3), (4), (5) and (6); uppercases beginning of C(2)(c)(i) and
(ii) in conformance with legislative style.
  SECTION 3. ORS 30.865 is amended to read:
  30.865. (1) A plaintiff has a cause of action for invasion of
personal privacy if the plaintiff establishes any of the
following:
  (a) The defendant knowingly made or recorded a photograph,
motion picture, videotape or other visual recording of the
plaintiff in a state of nudity without the consent of the
plaintiff, and at the time the visual recording was made or
recorded the plaintiff was in a place and circumstances where the
plaintiff had a reasonable expectation of personal privacy.
  (b) For the purpose of arousing or gratifying the sexual desire
of the defendant, the defendant was in a location to observe the
plaintiff in a state of nudity without the consent of the
plaintiff, and the plaintiff was in a place and circumstances
where the plaintiff had a reasonable expectation of personal
privacy.
  (c) For the purpose of arousing or gratifying the sexual desire
of any person, the defendant knowingly:
  (A) Made or recorded a photograph, motion picture, videotape or
other visual recording of an intimate area of the plaintiff
without the consent of the plaintiff; or
  (B) Viewed an intimate area of the plaintiff without the
consent of the plaintiff.
  (d) Without the consent of the plaintiff, the defendant
disseminated a photograph, motion picture, videotape or other
visual recording of the plaintiff in a state of nudity, and the
defendant knew that at the time the visual recording was made or
recorded the plaintiff was in a place and circumstances where the
plaintiff had a reasonable expectation of personal privacy.
  (2) A plaintiff who prevails in a cause of action for invasion
of personal privacy under this section is entitled to receive:
  (a) Compensatory damages; and
  (b) Reasonable attorney fees.
  (3) An action under this section must be commenced not later
than two years after the conduct that gives rise to a claim for
relief occurred.
  (4) The remedy provided by this section is in addition to, and
not in lieu of, any other claim for relief that may be available
to a plaintiff by reason of conduct of a defendant described in
subsection (1) of this section.
  (5) The provisions of subsection (1)(a) and (d) of this section
do not apply to a photograph, motion picture, videotape or other
visual recording of a person under 12 years of age if:
  (a) The person who makes, records or disseminates the visual
recording is the father, mother, sibling, grandparent, aunt,
uncle or first cousin, by blood, adoption or marriage, of the
person under 12 years of age; and
  (b) The visual recording is made, recorded or disseminated for
a purpose other than arousing or gratifying the sexual desire of
the person or another person.
  (6) As used in this section:
  (a) 'Intimate area' means:
  (A) Undergarments that are being worn by a person, are covered
by clothing and are intended to be protected from being seen; and
  (B) Any of the following that are covered by clothing and are
intended to be protected from being seen:
  (i) Genitals;

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 3

  (ii) Pubic areas; or
  (iii) Female breasts below the point immediately above the top
of the areola.
  (b) 'Made or recorded a photograph, motion picture, videotape
or other visual recording' includes, but is not limited to,
making or recording or employing, authorizing, permitting,
compelling or inducing another person to make or record a
photograph, motion picture, videotape or other visual recording.
  (c) 'Nudity' means any part of the uncovered  { - , - }  or
less than opaquely covered  { - , - } :
  (A) Genitals;
  (B) Pubic area; or
  (C) Female breast below a point immediately above the top of
the areola.
  (d) 'Places and circumstances where the plaintiff has a
reasonable expectation of personal privacy' includes, but is not
limited to, a bathroom, dressing room, locker room that includes
an enclosed area for dressing or showering, tanning booth and any
area where a person undresses in an enclosed space that is not
open to public view.
  (e) 'Public view' means that an area can be readily seen and
that a person within the area can be distinguished by normal
unaided vision when viewed from a public place as defined in ORS
161.015.
   { +  NOTE: + } Removes extraneous punctuation in (6)(c).
  SECTION 4.  { + Notwithstanding any other provision of law, ORS
97.660 to 97.680 shall not be considered to have been added to or
made a part of ORS chapter 65 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
chapter. + }
   { +  NOTE: + } Removes series from inappropriate ORS chapter.
  SECTION 5. ORS 109.135 is amended to read:
  109.135. (1) All filiation proceedings shall be commenced in
the circuit court and shall for all purposes be deemed
 { - suits - }  { +  actions + } in equity. Unless otherwise
specifically provided by statute, the proceedings shall be
conducted pursuant to the Oregon Rules of Civil Procedure.
  (2) All filiation proceedings shall be commenced and tried in
the county where either the initiating party or the child
resides.
   { +  NOTE: + } Corrects terminology in (1).
  SECTION 6. ORS 146.035 is amended to read:
  146.035. (1) There   { - shall be - }  { +  is + } 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.

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 4

  (c) Transmit monthly to the Department of Transportation a
report for the preceding calendar month of all information
obtained under ORS 146.113.
  (5) Notwithstanding ORS 192.501   { - (35) - }  { +  (36) + }:
  (a) Any parent, spouse, sibling, 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.
  (b) The system described in ORS 192.517 (1) shall have access
to reports described in this subsection as provided in ORS
192.517.
   { +  NOTE: + } Conforms syntax in (1) to legislative style;
corrects subsection reference in (5).
  SECTION 7. ORS 146.035, as amended by section 6 of this 2013
Act, is amended to read:
  146.035. (1) There is 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) Notwithstanding ORS 192.501   { - (36) - }  { +  (35) + }:
  (a) Any parent, spouse, sibling, 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.
  (b) The system described in ORS 192.517 (1) shall have access
to reports described in this subsection as provided in ORS
192.517.
   { +  NOTE: + } Corrects subsection reference in (5) to
correspond with subsection renumbering of ORS 192.501 on January
2, 2016.
  SECTION 8. Section 4, chapter 455, Oregon Laws 2005, as amended
by section 1, chapter 719, Oregon Laws 2009, section 8, chapter
9, Oregon Laws 2011, and section 1, chapter 160, Oregon Laws
2011, is amended to read:
   { +  Sec. 4. + }   { - (1) - }  The amendments to ORS 192.501
by section 3, chapter 455, Oregon Laws 2005,  { + and the
amendments to ORS 146.035 by section 7 of this 2013 Act + }
become operative on January 2, 2016.
    { - (2) The amendments to ORS 146.035 by section 7 of this
2011 Act become operative on January 2, 2012. - }
   { +  NOTE: + } Delays amendments to ORS 146.035 by section 7
until date renumbering of ORS 192.501 becomes operative.

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 5

  SECTION 9. ORS 161.327 is amended to read:
  161.327. (1) Following the entry of a judgment pursuant to ORS
161.319, if the court finds by a preponderance of the evidence
that a person found guilty except for insanity of a felony is
affected by mental disease or defect and presents a substantial
danger to others, the court shall enter an order as follows:
  (a) If the court finds that the person is not a proper subject
for conditional release, the court shall order the person
committed to a state hospital or, if the person is under 18 years
of age, to a secure intensive community inpatient facility for
custody, care and treatment. When the court orders a person
committed under this paragraph, the court shall place the person
under the jurisdiction of:
  (A) The Psychiatric Security Review Board, if the person is a
tier one offender.
  (B) The Oregon Health Authority, if the person is a tier two
offender.
  (b) If the court finds that the person can be adequately
controlled with supervision and treatment if conditionally
released and that necessary supervision and treatment are
available, the court shall order the person conditionally
released.
  (2) When a person is conditionally released under this section,
the person is subject to those supervisory orders of the court as
are in the best interests of justice, the protection of society
and the welfare of the person. The court shall designate a person
or state, county or local agency to supervise the person upon
release, subject to those conditions as the court directs in the
order for conditional release. Prior to the designation, the
court shall notify the person or agency to whom conditional
release is contemplated and provide the person or agency an
opportunity to be heard before the court. After receiving an
order entered under subsection (1)(b) of this section, the person
or agency designated shall assume supervision of the person
pursuant to the direction of the Psychiatric Security Review
Board. The person or agency designated as supervisor shall be
required to report in writing no less than once per month to the
board concerning the supervised person's compliance with the
conditions of release.
  (3) In determining whether a person should be conditionally
released, the court:
  (a) May order evaluations, examinations and compliance as
provided in ORS 161.336   { - (4) - }  { +  (3) + } and 161.346
 { - (2) - }  { +  (3) + };
  (b) Shall order that the person be examined by a local mental
health program designated by the board and a report of the
examination be provided to the court if each felony for which the
defendant was found guilty except for insanity is a Class C
felony; and
  (c) Shall have as its primary concern the protection of
society.
  (4) Upon placing a person on conditional release, the court
shall notify the board in writing of the court's conditional
release order, the supervisor appointed  { - , - }  and all other
conditions of release, and the person shall be on conditional
release pending hearing before the board. Upon compliance with
this section, the court's jurisdiction over the person is
terminated.
  (5) The total period of commitment or conditional release under
ORS 161.315 to 161.351 may not exceed the maximum sentence

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 6

provided by statute for the crime for which the person was found
guilty except for insanity.
  (6) An order of the court under this section is a final order
appealable by the person found guilty except for insanity in
accordance with ORS 19.205 (5). Notwithstanding ORS 19.255,
notice of an appeal under this section shall be served and filed
within 90 days after the order appealed from is entered in the
register.  The person shall be entitled on appeal to suitable
counsel possessing skills and experience commensurate with the
nature and complexity of the case. If the person is financially
eligible, suitable counsel shall be appointed in the manner
provided in ORS 138.500 (1), and the compensation for counsel and
costs and expenses of the person necessary to the appeal shall be
determined and paid as provided in ORS 138.500.
  (7) Following the entry of an order described in subsection (1)
of this section, the court shall notify the person of the right
to appeal and the right to a hearing before the agency exercising
jurisdiction over the person in accordance with ORS 161.336 (5)
and 161.341 (3).
   { +  NOTE: + } Corrects subsection references in (3)(a);
removes serial comma in (4).
  SECTION 10. ORS 163.193 is amended to read:
  163.193. (1) A person commits the crime of assisting another
person to commit suicide if the person knowingly sells, or
otherwise transfers for consideration, any substance or object,
that is capable of causing death, to another person for the
purpose of assisting the other person to commit suicide.
  (2) This section does not apply to a person:
  (a) Acting pursuant to a court order, an advance directive or
power of attorney for health care pursuant to ORS 127.505 to
127.660 or a POLST, as defined in ORS 127.663;
  (b)   { - A person - }  Withholding or withdrawing
life-sustaining procedures or artificially administered nutrition
and hydration pursuant to ORS 127.505 to 127.660; or
  (c)   { - A person - }  Acting in accordance with the
provisions of ORS 127.800 to 127.897.
  (3) Assisting another person to commit suicide is a Class B
felony.
   { +  NOTE: + } Eliminates duplicative language in (2)(b) and
(c).
  SECTION 11. ORS 163.700 is amended to read:
  163.700. (1) Except as provided in ORS 163.702, a person
commits the crime of invasion of personal privacy if:
  (a)(A) The person knowingly makes or records a photograph,
motion picture, videotape or other visual recording of another
person in a state of nudity without the consent of the person
being recorded; and
  (B) At the time the visual recording is made or recorded the
person being recorded is in a place and circumstances where the
person has a reasonable expectation of personal privacy; or
  (b)(A) For the purpose of arousing or gratifying the sexual
desire of the person, the person is in a location to observe
another person in a state of nudity without the consent of the
other person; and
  (B) The other person is in a place and circumstances where the
person has a reasonable expectation of personal privacy.
  (2) As used in this section:
  (a) 'Makes or records a photograph, motion picture, videotape
or other visual recording' includes, but is not limited to,
making or recording or employing, authorizing, permitting,

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 7

compelling or inducing another person to make or record a
photograph, motion picture, videotape or other visual recording.
  (b) 'Nudity' means any part of the uncovered  { - , - }  or
less than opaquely covered  { - , - } :
  (A) Genitals;
  (B) Pubic area; or
  (C) Female breast below a point immediately above the top of
the areola.
  (c) 'Places and circumstances where the person has a reasonable
expectation of personal privacy' includes, but is not limited to,
a bathroom, dressing room, locker room that includes an enclosed
area for dressing or showering, tanning booth and any area where
a person undresses in an enclosed space that is not open to
public view.
  (d) 'Public view' means that an area can be readily seen and
that a person within the area can be distinguished by normal
unaided vision when viewed from a public place as defined in ORS
161.015.
  (3) Invasion of personal privacy is a Class A misdemeanor.
   { +  NOTE: + } Removes extraneous punctuation in (2)(b).
  SECTION 12. ORS 173.763 is amended to read:
  173.763. (1)(a) The Legislative Administration Committee in
conjunction with the Legislative Counsel Committee shall, with
the advice of the President of the Senate, through the Secretary
of the Senate, and the Speaker of the House of Representatives,
through the Chief Clerk of the House of Representatives, make all
of the following information available to the public and members
of the Legislative Assembly in electronic form:
  (A) The legislative calendar, the schedule of legislative
committee hearings, a list of matters pending on the floors of
both houses of the Legislative Assembly and a list of the
committees of the Legislative Assembly and their members.
  (B) The text of each bill introduced in each current
legislative session, including each amended and enrolled form of
the bill.
  (C) The bill history of each bill introduced   { - and
amended - }  in each current legislative session.
  (D) The bill status of each bill introduced   { - and
amended - }  in each current legislative session.
  (E) All vote information concerning each bill in each current
legislative session.
  (F) Any veto message concerning a bill in each current
legislative session.
  (G) The Oregon Constitution.
  (H) All Oregon Laws enacted on and after September 9, 1995.
  (I) The Constitution of the United States.
  (b) The Legislative Administration Committee, in its
discretion, may make available in electronic form to the public
and members of the Legislative Assembly staff measure summaries
for each bill in a current legislative session.
  (2)(a) The information identified in subsection (1) of this
section shall be made available to the public   { - through the
largest nonproprietary, nonprofit cooperative public computer
network - }  { +  on the Internet + }. The information shall be
made available in one or more formats and by one or more means in
order to provide the general public in this state with the
greatest feasible access.  Any person who accesses the
information may access all or any part of the information. The
information may also be made available by any other means that
would facilitate public access to the information.

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 8

  (b) Except as provided in paragraph (c) of this subsection, the
Legislative Administration Committee shall determine the most
cost-effective formats and procedures for the timely release of
the information in electronic form.
  (c) Pursuant to ORS 171.275, the Legislative Counsel Committee,
in its discretion, may authorize the release of the text of
Oregon Revised Statutes in electronic form.
  (3) Any documentation that describes the electronic digital
formats of the information identified in subsection (1) of this
section and is available to the public shall be made available
  { - through the computer network specified in subsection (2) of
this section - }  { +  on the Internet + }.
  (4) Personal information concerning a person who accesses the
information identified in subsection (1) of this section may be
maintained only for the purpose of providing service to the
person.
  (5)   { - No - }   { + A + } fee or other charge may
 { + not + } be imposed by the Legislative Administration
Committee as a condition of accessing the information identified
in subsection (1) of this section
  { - through the computer network specified in subsection (2) of
this section - }  { +  on the Internet + }.
  (6)   { - No - }  Action taken pursuant to this section
 { - shall - }  { +  may not + } be deemed to alter or relinquish
any copyright or other proprietary interest or entitlement of the
State of Oregon relative to any of the information made available
pursuant to subsection (1) or (2)(c) of this section.
   { +  NOTE: + } Removes misleading words in (1)(a)(C) and (D);
modernizes word choice in (2)(a), (3), (5) and (6).
  SECTION 13. ORS 173.766 is amended to read:
  173.766. (1) The Legislative Administration Committee shall
make available to each member of the Legislative Assembly an
electronic mail address accessible by Oregonians   { - through
the largest nonproprietary, nonprofit cooperative public computer
network - }  { +  on the Internet + }.
  (2) All state agencies shall cooperate with the Legislative
Administration Committee in the implementation of subsection (1)
of this section and ORS 171.795, 173.763 and 183.365.
  (3) If the Legislative Administration Committee makes available
to each member of the Legislative Assembly a webpage on the
website of the Legislative Assembly, employees of the committee
shall post material on a member's webpage or install or maintain
links from the member's webpage to other websites in the manner
directed by the member. If the posting of material or
installation or maintenance of a link results in a violation of
law:
  (a) The member who directed the posting of material or
installation or maintenance of the link is liable for the
violation; and
  (b) An employee of the committee who posts the material or
installs or maintains the link at the direction of a member is
not liable for the violation.
  (4) Subsection (3) of this section does not authorize the
posting of material or the installation or maintenance of any
link that is prohibited by any other law.
   { +  NOTE: + } Modernizes word choice in (1).
  SECTION 14. ORS 174.120 is amended to read:
  174.120. (1) The time within which an act is to be done, as
provided in the civil and criminal procedure statutes, is
computed by excluding the first day and including the last

Enrolled House Bill 2148 (HB 2148-INTRO)                   Page 9

 { + day, + } unless the last day falls upon any legal holiday or
on Saturday, in which case the last day is also excluded.
  (2) For the purposes of   { - the - }  determining whether a
person has complied with a statutory time limitation governing an
act to be performed in a circuit court, the Oregon Tax Court, the
Court of Appeals or the Supreme Court, the time prescribed by law
for the performance of the act does not include the day on which
the specified period begins to run. The designated period does
include the last day unless the last day is:
  (a) A legal holiday or Saturday;
  (b) A day on which the court is closed for the purpose of
filing pleadings and other documents;
  (c) A day on which the court is closed by order of the Chief
Justice, to the extent provided by the order; or
  (d) A day on which the court is closed before the end of the
normal hours during which pleadings and other documents may be
filed.
  (3) If the last day of a designated period is excluded under
the provisions of subsection (2) of this section, the act must be
performed on the next day that the court is open for the purpose
of filing pleadings and other documents.
  (4) The provisions of subsections (2) and (3) of this section
apply to time limitations established by statutes of limitation
and other procedural statutes governing civil and criminal
proceedings.
  (5) If a statute of limitation or other procedural statute
governing civil   { - and - }  { +  or + } criminal proceedings
provides that an act be done within one or more years, the time
for performing the act is computed in calendar years. If the
specified period begins to run on a date other than February 29,
the act must be done on or before the same date in the calendar
year in which the specified period ends as the date in the
calendar year in which the specified period began to run. If the
specified period of time begins to run on February 29, the act
must be done on or before February 28 of the calendar year in
which the specified period ends.
   { +  NOTE: + } Polishes syntax in (1), (2) and (5).
  SECTION 15. ORS 174.540 is amended to read:
  174.540. Title heads, chapter heads, division heads, section
and subsection heads or titles  { - , - }  and explanatory notes
 { - and cross-references - } , in the statute laws described in
ORS 174.510 (1) and in parts of Oregon Revised Statutes, do not
constitute any part of the law.
   { +  NOTE: + } Removes outdated element.
  SECTION 16. ORS 176.260 is amended to read:
  176.260. (1) The Law Enforcement Medal of Honor is established.
Upon nomination by the Governor's Commission on the Law
Enforcement Medal of Honor established under ORS 176.262, the
Governor or the Governor's designee may award the medal in the
name of the state to a law enforcement officer who has been
distinguished by exceptionally honorable and meritorious conduct.
The medal may be awarded posthumously to a representative of the
deceased law enforcement officer.
  (2) The medal shall be bronze and consist of a police shield
overlaid by a sheriff's star with the seal of the State of Oregon
in the center and the words 'Law Enforcement Medal of Honor '
within the design. The medal shall be suspended from a ring that
is attached to a navy blue ribbon with a gold edge.   { - The
recipient of the medal may choose the color of the ribbon. - }
The reverse side of the medal shall be inscribed with the words

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 10

'For exceptionally honorable and meritorious conduct in
performing services as a law enforcement officer. '
   { +  NOTE: + } In (2), reflects removal of color choice in
amendments by section 2, chapter 434, Oregon Laws 2011.
  SECTION 17. ORS 181.610, as amended by section 22, chapter 54,
Oregon Laws 2012, section 13, chapter 67, Oregon Laws 2012, and
section 4, chapter 88, Oregon Laws 2012, is amended to read:
  181.610.  { + As used + } in ORS 181.610 to 181.712, unless the
context requires otherwise:
  (1) 'Abuse' has the meaning given   { - the - }  { +  that + }
term in ORS 107.705.
  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government as defined in
section 1, chapter 644, Oregon Laws 2011, that employs authorized
tribal police officers as defined in section 1, chapter 644,

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 11

Oregon Laws 2011, the Criminal Justice Division of the Department
of Justice, the Department of Corrections, the Oregon State
Lottery Commission, the Security and Emergency Preparedness
Office of the Judicial Department or common carrier railroad the
primary duty of which, as prescribed by law, ordinance or
directive, is one or more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of
adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office;
  (d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
  (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  (13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
  (14) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (15) 'Police officer' means:
  (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  (A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government as
defined in section 1, chapter 644, Oregon Laws 2011, the Criminal
Justice Division of the Department of Justice, the Oregon State
Lottery Commission, a university that has established a police
department under ORS 352.383, the Governor or the Department of
State Police; and

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 12

  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state  { - , an authorized tribal police officer as
defined in section 1, chapter 644, Oregon Laws 2011, or - }
 { + ;
  (c) + } A humane special agent commissioned under section 1,
chapter 67, Oregon Laws 2012;   { - or - }
    { - (c) - }  { +  (d) + } An individual member of the
judicial security personnel   { - identified pursuant to - }
 { +  appointed under + } ORS 1.177 who is trained pursuant to
section 3, chapter 88, Oregon Laws 2012  { - . - }  { + ; or
  (e) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011. + }
  (16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.
  (17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  (18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
  (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government as defined in section 1, chapter 644, Oregon Laws
2011, the Criminal Justice Division of the Department of Justice,
the Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police;
  (b) Armed with a firearm; and
  (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  (19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
   { +  NOTE: + } Conforms syntax in lead-in and (1) to
legislative style; reformats (15) for clarity; conforms
terminology in (15)(d) to language in ORS 1.177 (see chapter 107,
Oregon Laws 2012).
  SECTION 18. ORS 181.610, as amended by section 50, chapter 644,
Oregon Laws 2011, section 23, chapter 54, Oregon Laws 2012,
section 14, chapter 67, Oregon Laws 2012, and section 5, chapter
88, Oregon Laws 2012, is amended to read:
  181.610.  { + As used + } in ORS 181.610 to 181.712, unless the
context requires otherwise:
  (1) 'Abuse' has the meaning given   { - the - }  { +  that + }
term in ORS 107.705.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 13

  (2) 'Board' means the Board on Public Safety Standards and
Training appointed pursuant to ORS 181.620.
  (3) 'Certified reserve officer' means a reserve officer who has
been designated by a local law enforcement unit, has received
training necessary for certification and has met the minimum
standards and training requirements established under ORS
181.640.
  (4) 'Commissioned' means being authorized to perform various
acts or duties of a police officer or certified reserve officer
and acting under the supervision and responsibility of a county
sheriff or as otherwise provided by law.
  (5) 'Corrections officer' means an officer or member employed
full-time by a law enforcement unit who:
  (a) Is charged with and primarily performs the duty of custody,
control or supervision of individuals convicted of or arrested
for a criminal offense and confined in a place of incarceration
or detention other than a place used exclusively for
incarceration or detention of juveniles; or
  (b) Has been certified as a corrections officer described in
paragraph (a) of this subsection and has supervisory or
management authority for corrections officers described in
paragraph (a) of this subsection.
  (6) 'Department' means the Department of Public Safety
Standards and Training.
  (7) 'Director' means the Director of the Department of Public
Safety Standards and Training.
  (8) 'Domestic violence' means abuse between family or household
members.
  (9) 'Emergency medical dispatcher' means a person who has
responsibility to process requests for medical assistance from
the public or to dispatch medical care providers.
  (10) 'Family or household members' has the meaning given that
term in ORS 107.705.
  (11) 'Fire service professional' means a paid or volunteer
firefighter, an officer or a member of a public or private fire
protection agency that is engaged primarily in fire
investigation, fire prevention, fire safety, fire control or fire
suppression or providing emergency medical services, light and
heavy rescue services, search and rescue services or hazardous
materials incident response. 'Fire service professional' does not
mean forest fire protection agency personnel.
  (12) 'Law enforcement unit' means:
  (a) A police force or organization of the state, a city,
university that has established a police department under ORS
352.383, port, school district, mass transit district, county,
county service district authorized to provide law enforcement
services under ORS 451.010, tribal government, the Criminal
Justice Division of the Department of Justice, the Department of
Corrections, the Oregon State Lottery Commission, the Security
and Emergency Preparedness Office of the Judicial Department or
common carrier railroad the primary duty of which, as prescribed
by law, ordinance or directive, is one or more of the following:
  (A) Detecting crime and enforcing the criminal laws of this
state or laws or ordinances relating to airport security;
  (B) The custody, control or supervision of individuals
convicted of or arrested for a criminal offense and confined to a
place of incarceration or detention other than a place used
exclusively for incarceration or detention of juveniles; or
  (C) The control, supervision and reformation of adult offenders
placed on parole or sentenced to probation and investigation of

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 14

adult offenders on parole or probation or being considered for
parole or probation;
  (b) A police force or organization of a private entity with a
population of more than 1,000 residents in an unincorporated area
the employees of which are commissioned by a county sheriff;
  (c) A district attorney's office;
  (d) The Oregon Liquor Control Commission with regard to liquor
enforcement inspectors; or
  (e) A humane investigation agency as defined in section 1,
chapter 67, Oregon Laws 2012.
  (13) 'Liquor enforcement inspector' has the meaning given that
term in ORS 471.001.
  (14) 'Parole and probation officer' means:
  (a) An officer who is employed full-time by the Department of
Corrections, a county or a court and who is charged with and
performs the duty of:
  (A) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (B) Investigating adult offenders on parole or probation or
being considered for parole or probation; or
  (b) An officer who:
  (A) Is certified and has been employed as a full-time parole
and probation officer for more than one year;
  (B) Is employed part-time by the Department of Corrections, a
county or a court; and
  (C) Is charged with and performs the duty of:
  (i) Community protection by controlling, investigating,
supervising and providing or making referrals to reformative
services for adult parolees or probationers or offenders on
post-prison supervision; or
  (ii) Investigating adult offenders on parole or probation or
being considered for parole or probation.
  (15) 'Police officer' means:
  (a) An officer, member or employee of a law enforcement unit
employed full-time as a peace officer who is:
  (A) Commissioned by a city, port, school district, mass transit
district, county, county service district authorized to provide
law enforcement services under ORS 451.010, tribal government,
the Criminal Justice Division of the Department of Justice, the
Oregon State Lottery Commission, a university that has
established a police department under ORS 352.383, the Governor
or the Department of State Police; and
  (B) Responsible for enforcing the criminal laws of this state
or laws or ordinances relating to airport security;
  (b) An investigator of a district attorney's office if the
investigator is or has been certified as a peace officer in this
or another state   { - or - }  { + ;
  (c) + } A humane special agent commissioned under section 1,
chapter 67, Oregon Laws 2012; or
    { - (c) - }  { +  (d) + } An individual member of the
judicial security personnel   { - identified pursuant to - }
 { +  appointed under + } ORS 1.177 who is trained pursuant to
section 3, chapter 88, Oregon Laws 2012.
  (16) 'Public or private safety agency' means a unit of state or
local government, a special purpose district or a private firm
that provides, or has authority to provide, fire fighting,
police, ambulance or emergency medical services.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 15

  (17) 'Public safety personnel' and 'public safety officer'
include corrections officers, youth correction officers,
emergency medical dispatchers, parole and probation officers,
police officers, certified reserve officers, telecommunicators,
liquor enforcement inspectors and fire service professionals.
  (18) 'Reserve officer' means an officer or member of a law
enforcement unit who is:
  (a) A volunteer or employed less than full-time as a peace
officer commissioned by a city, port, school district, mass
transit district, county, county service district authorized to
provide law enforcement services under ORS 451.010, tribal
government, the Criminal Justice Division of the Department of
Justice, the Oregon State Lottery Commission, a university that
has established a police department under ORS 352.383, the
Governor or the Department of State Police;
  (b) Armed with a firearm; and
  (c) Responsible for enforcing the criminal laws and traffic
laws of this state or laws or ordinances relating to airport
security.
  (19) 'Telecommunicator' means a person employed as an emergency
telephone worker as defined in ORS 243.736 or a public safety
dispatcher whose primary duties are receiving, processing and
transmitting public safety information received through a 9-1-1
emergency reporting system as defined in ORS 403.105.
  (20) 'Youth correction officer' means an employee of the Oregon
Youth Authority who is charged with and primarily performs the
duty of custody, control or supervision of youth offenders
confined in a youth correction facility.
   { +  NOTE: + } Conforms syntax in lead-in and (1) to
legislative style; reformats (15) for clarity; conforms
terminology in (15)(d) to language in ORS 1.177 (see chapter 107,
Oregon Laws 2012).
  SECTION 19. Section 3, chapter 88, Oregon Laws 2012, is amended
to read:
   { +  Sec. 3. + } (1) Upon request of the Security and
Emergency Preparedness Office of the Judicial Department, the
Department of Public Safety Standards and Training shall certify
individual members of the judicial security personnel
 { - identified pursuant to - }  { +  appointed under + } ORS
1.177 as being qualified in the same manner as police officers
pursuant to ORS 181.640.
  (2) The provisions of ORS 181.610 to 181.712 relating to the
training and certification of police officers apply to individual
members of the judicial security personnel trained pursuant to
subsection (1) of this section.
  (3) Notwithstanding any other provision of law, the Security
and Emergency Preparedness Office of the Judicial Department
shall bear the expense of training pursuant to subsection (1) of
this section.
   { +  NOTE: + } Conforms terminology in (1) to language in ORS
1.177 (see chapter 107, Oregon Laws 2012).
  SECTION 20. ORS 197.649 is amended to read:
  197.649. The Land Conservation and Development Commission may
establish by rule fees to cover the cost of notice given to
persons by the Director of the Department of Land Conservation
and Development under ORS 197.610   { - (1) - }  { +  (4) + } and
197.615 (3).
   { +  NOTE: + } Corrects subsection reference.
  SECTION 21. ORS 200.065 is amended to read:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 16

  200.065. (1) It shall be unlawful for any person fraudulently
to obtain or retain or attempt to obtain or retain or to aid
another person fraudulently to obtain or retain or attempt to
obtain or retain certification as a disadvantaged, minority,
women or emerging small business enterprise.
  (2) It shall be unlawful knowingly to make a false claim that
any person is qualified for certification or is certified under
ORS 200.055 for the purpose of gaining a contract or subcontract
or other benefit.
  (3) The public contracting agency may withhold payment,
 { + may + } suspend or terminate the contract and may impose on
any person a civil penalty not to exceed 10 percent of the
contract or subcontract price or $5,000, whichever is less, for
each violation of subsection (1) or (2) of this section. The
penalty shall be paid to the Office for Minority, Women and
Emerging Small Business.
  (4) The Oregon Business Development Department or an affected
public contracting agency shall investigate any complaint that a
person has violated subsection (1) or (2) of this section. In
investigating such a complaint, the department or an affected
public contracting agency may require any additional information,
administer oaths, take depositions and issue subpoenas to compel
the attendance of witnesses and the production of books, papers,
records, memoranda or other information necessary to carry out
its duties. If any person fails to comply with any subpoena
issued under this subsection or refuses to testify on any matter
on which a person may lawfully be interrogated, the procedure
provided in ORS 183.440 shall be followed to compel compliance.
  (5) An affected public contracting agency or the department
 { +  may + } disqualify any person found to have violated
subsection (1) or (2) of this section or who admits to such
violation under oath during the course of an investigation from
bidding or participating in any public contract for a period of
time specified by the agency or department, not to exceed three
years.  Any contracting agency that has notice of the finding of
the fraudulent certification may also disqualify the person from
bidding on or participating in any public contract.
   { +  NOTE: + } Supplies missing word in (3); in (5), corrects
syntax gone astray in amendments by section 139, chapter 830,
Oregon Laws 2009.
  SECTION 22. ORS 215.211 is amended to read:
  215.211. (1) If a person concludes that more detailed soils
information than that contained in the   { - Internet soil survey
of soil data and information produced by the National Cooperative
Soil Survey - }  { +  Web Soil Survey + } operated by the
 { + United States + } Natural Resources Conservation Service
 { - of the United States Department of Agriculture - }  would
assist a county to make a better determination of whether land
qualifies as agricultural land, the person must request that the
Department of Land Conservation and Development arrange for an
assessment of the capability of the land by a professional soil
classifier who is:
  (a) Certified by and in good standing with the Soil Science
Society of America; and
  (b) Chosen by the person.
  (2) A soils assessment produced under this section is not a
public record, as defined in ORS 192.410, unless the person
requesting the assessment utilizes the assessment in a land use
proceeding. If the person decides to utilize a soils assessment
produced under this section in a land use proceeding, the person

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 17

shall inform the Department of Land Conservation and Development
and consent to the release by the department of certified copies
of all assessments produced under this section regarding the land
to the local government conducting the land use proceeding. The
department:
  (a) Shall review soils assessments prepared under this section.
  (b) May not disclose a soils assessment prior to its
utilization in a land use proceeding as described in this
subsection without written consent of the person paying the fee
for the assessment.
  (c) Shall release to the local government conducting a land use
proceeding all soils assessments produced under this section
regarding land to which the land use proceeding applies.
  (3) Before arranging for a soils assessment under this section,
the department shall charge and collect from the person
requesting the assessment a fee in an amount intended to meet the
costs of the department to assess the soils and administer this
section.
  (4) The department shall deposit fees collected under this
section in the Soils Assessment Fund established under ORS
215.212.
  (5) This section authorizes a person to obtain additional
information for use in the determination of whether land
qualifies as agricultural land, but this section does not
otherwise affect the process by which a county determines whether
land qualifies as agricultural land.
   { +  NOTE: + } Updates and simplifies terminology in (1).
  SECTION 23. ORS 255.235 is amended to read:
  255.235. (1) A candidate for election as a member of a district
board shall be nominated by filing with the elections officer
either:
  (a) A petition for nomination signed by at least 25 electors,
or 10 percent of the electors, residing in the election district
for the office, whichever number is less; or
  (b) A declaration of candidacy accompanied by a filing fee of
$10.
  (2) A petition for nomination or a declaration of candidacy
shall be filed with the elections officer not sooner than the
40th day before the deadline specified in paragraph (a) or (b) of
this subsection and:
  (a) Not later than the 61st day before the date of the district
election if the election is a regular district election or the
first election at which members of the district board are
elected.
  (b) Not later than the 70th day before the date of the district
election if the election is held on the date of a primary
election or general election.
  (3) A nominating petition or declaration of candidacy shall
contain the information specified in ORS 249.031.
  (4) In a district in which a position or zone number is
assigned to each office on the district board   { - or local
school committee - } , each petition for nomination or
declaration of candidacy for election to the district board
 { - or local school committee - }  shall state the position or
zone number of the office to which the candidate seeks election.
  (5) The provisions of ORS 249.009 (1)(b) and 249.061
 { - shall - }  { +  do + } not apply to nominating petitions
filed under this section.
  (6) A nominee for election to the district board may withdraw
the nomination not later than 5 p.m. of the last day specified

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 18

for filing a petition or declaration under this section by filing
with the elections officer a written withdrawal of candidacy. The
withdrawal shall be signed by the nominee and state the reasons
for withdrawal.
   { +  NOTE: + } In (4), reflects elimination of local school
committees by chapter 313, Oregon Laws 2011; updates syntax in
(5).
  SECTION 24. ORS 258.280 is amended to read:
  258.280. (1) The Secretary of State shall order a full recount
of the votes cast for nomination or election to a public office
for which the Secretary of State is the filing officer, and the
county clerk who conducted the election shall order a full
recount of the votes cast for nomination or election to any other
public office if the canvass of votes of the election reveals
that:
  (a) Two or more candidates for that nomination or office have
an equal and the highest number of votes; or
  (b) The difference in the number of votes cast for a candidate
apparently nominated or elected to the office and the votes cast
for the closest apparently defeated opponent is not more than
one-fifth of one percent of the total votes for both candidates.
  (2)(a) Unless otherwise provided by a home rule charter, at an
election described in ORS 249.088, the Secretary of State shall
order a full recount of the votes cast for nomination or election
to a nonpartisan office for which the Secretary of State is the
filing officer, and the county clerk who conducted the election
shall order a full recount of the votes cast for nomination or
election to any other nonpartisan office, if the canvass of votes
of the election reveals that the number of votes cast for a
candidate differs from a majority of votes cast for the office by
not more than one-fifth of one percent of the total votes cast
for the office.
  (b) This subsection does not apply to the office of sheriff,
the office of county clerk, the office of county treasurer or a
candidate to fill a vacancy, as described in ORS
 { - 249.088 - }  { +  249.091 + }.
  (3) The cost of a full recount conducted under this section
shall be paid by the county for a county office, by the city for
a city office, by the special district for a special district
office or by the state for any other office.
   { +  NOTE: + } Corrects reference in (2)(b).
  SECTION 25. ORS 273.554 is amended to read:
  273.554. (1) For the purpose of providing for the
administration of the South Slough National Estuarine Research
Reserve in a manner consistent with the provisions of ORS
273.553, there is created the South Slough National Estuarine
Research Reserve Management Commission. 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 National Estuarine Research Reserve with the
administrative support of the Department 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) In accordance with applicable provisions of ORS chapter
183, the commission may adopt rules necessary to:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 19

  (a) Carry out the commission's responsibilities pursuant to ORS
273.553; and
  (b) Implement a system of fees to recover the costs of carrying
out the management established in ORS 273.553, including fees for
use of facilities at the reserve, fees for research activities
conducted at the reserve, visitor activities fees and parking
fees.
  (3) The commission shall consist of nine members appointed by
the Governor as follows:
  (a) A representative of common schools in the area of the
reserve;
  (b) One authorized representative of the Coos County Board of
Commissioners;
  (c) One authorized representative of the governing body of the
 { + Oregon International + } Port of Coos Bay;
  (d) The Director of the Department of State Lands or a designee
thereof;
  (e) One authorized representative of the federal Office of
Ocean and Coastal 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;
  (g) One member selected from the general public at large; and
  (h) One representative of Oregon Indian tribes appointed after
consultation with the Commission on Indian Services.
  (4) The members appointed by the Governor under subsection
(3)(a), (f), (g) and (h) of this section shall serve for terms of
four years and members appointed under subsection (3)(b) and (c)
of this section shall serve for terms of two years. The Director
of the Department 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.
  (5) 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 Resource Management shall be
a nonvoting member. A majority of the commission constitutes a
quorum for the transaction of business.
  (6) 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 official title in (3)(c).
  SECTION 26. ORS 295.046, as amended by section 15, chapter 101,
Oregon Laws 2010, and section 6, chapter 477, Oregon Laws 2011,
is amended to read:
  295.046. (1) A depository may not accept a deposit of public
funds if the deposit would cause the aggregate of public funds
deposits that any one public official makes in the depository to
exceed at any time the depository's net worth. If a depository's
net worth is reduced, the depository may allow public funds on
deposit in excess of the reduced net worth to remain if the

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 20

depository deposits with the depository's custodian eligible
securities valued at market value in an amount at least equal to
the amount of the excess public funds deposits. If the additional
securities required by this section are not deposited with the
custodian, the depository shall permit the public official to
withdraw deposits prior to maturity, including accrued interest,
in accordance with applicable statutes and governmental
regulations.
  (2) The limitations of subsection (1) of this section do not
apply to { + :
  (a) + } Public funds deposits a depository holds in a
certificate of deposit or time deposit under ORS 295.004 (1); or
  (b) Public funds that an Oregon depository arranges to deposit
into an insured deposit account under ORS 295.004 (2).
   { +  NOTE: + } Corrects syntax and structure in (2).
  SECTION 27. ORS 329.704 is amended to read:
  329.704. (1) Nothing in this section shall interfere with the
duties, responsibilities and rights of duly elected school
district boards. There shall be established at each school a 21st
Century Schools Council. The duties of a 21st Century Schools
Council shall include but not be limited to:
  (a) The development of plans to improve the professional growth
of the school's staff;
  (b) The improvement of the school's instructional program;
  (c) The development and coordination of plans for the
implementation of programs under this chapter at the school; and
  (d) The administration of grants-in-aid for the professional
development of teachers and classified district employees.
  (2) A 21st Century Schools Council shall be composed of
teachers, parents, classified employees and principals or the
principal's designee, as follows:
  (a) Not more than half of the members shall be teachers;
  (b) Not more than half of the members shall be parents of
students attending that school;
  (c) At least one member shall be a classified employee; and
  (d) One member shall be the principal of the building or the
principal's designee.
  (3) In addition, other members may be as the school district
shall designate, including but not limited to   { - local school
committee members, - }  business leaders, students and members of
the community at large.
  (4) Members of a 21st Century Schools Council shall be selected
as follows:
  (a) Teachers shall be licensed teachers elected by licensed
teachers at the school site;
  (b) Classified employees shall be elected by classified
employees at the school site;
  (c) Parents shall be selected by parents of students attending
the school; and
  (d) Other representatives shall be selected by the council.
  (5) If a school district board determines that a school site is
unable to fulfill the requirements of this section or if the
needs of a school site require a different composition, the
school district board shall establish the 21st Century Schools
Council in a manner that best meets the educational needs of the
district.
  (6) All 21st Century Schools Council meetings shall be subject
to the open meetings law pursuant to ORS 192.610 to 192.690.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 21

  (7) A school district may establish a district site committee
to assist in the administration of grants or in the district-wide
coordination of programs.
   { +  NOTE: + } In (3), reflects elimination of local school
committees by chapter 313, Oregon Laws 2011.
  SECTION 28. ORS 332.118 is amended to read:
  332.118. (1) Unless specifically provided otherwise, ORS
chapter 255 governs the following:
  (a) The nomination and election of school directors   { - and
local school committee members - } .
  (b) The conduct of all school district elections.
  (2) ORS 249.865 to 249.877 govern the recall of school board
members   { - and local school committee members - } .
  (3) The Secretary of State has supervising authority over all
elections conducted by school districts and over elections
conducted by a district boundary board.
  (4) A petition for a proposed change or merger under ORS
330.095, a remonstrance petition under ORS 330.101, a petition
for zoning under ORS 332.128 or a petition to lengthen the course
of study under ORS 335.495   { - shall - }  { +  may + } not be
circulated for signatures until the prospective petition has been
filed with the county clerk. The prospective petition
 { - shall - }   { + must + } designate the names and residence
addresses of not more than three persons as chief petitioner. The
authority of the Secretary of State and the application of the
election laws commence when the prospective petition is filed
with the county clerk. The filing of the prospective petition is
to be treated like a prospective petition for an initiative,
referendum or recall. Except as otherwise provided in ORS 330.080
to 330.113, ORS chapter 255 applies to the procedures applicable
to petitions described in this subsection and the elections held
on the petitions.
   { +  NOTE: + } In (1)(a) and (2), reflects elimination of
local school committees by chapter 313, Oregon Laws 2011; updates
word choice in (4).
  SECTION 29. ORS 334.125 is amended to read:
  334.125. (1) The education service district is a body
corporate.
  (2) The education service district board is authorized to
transact all business coming within the jurisdiction of the
education service district and may sue and be sued.
  (3) The education service district board shall perform all
duties required by law, including but not limited to:
  (a) Distribution of such school funds as it is empowered to
apportion;
  (b) Conduct of audits;
    { - (c) Duties as district boundary board; - }
    { - (d) - }  { +  (c) + } Budget and tax levying duties,
including the levying of taxes under ORS 280.060;
    { - (e) - }  { +  (d) + } Contracting a bonded indebtedness
and levying direct ad valorem taxes on all taxable property
within the education service district in the manner that
component school districts are authorized to issue bonds and levy
taxes under ORS 328.205 to 328.304 and other laws applicable to
the issuance of bonds and levying of taxes by school districts;
and
    { - (f) - }  { +  (e) + } Creating a county education bond
district under ORS 328.304 from a county within the district.
  (4) In addition to its duties under subsection (3) of this
section, an education service district board:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 22

  (a) May provide services required by the local service plan
developed pursuant to ORS 334.175;
  (b) May provide funds to a component school district to provide
services required by the local service plan in lieu of the
component school district receiving services from the education
service district;
  (c) Shall provide funds as specified in ORS 327.019 (9) to a
school district located within the territory of the education
service district that has withdrawn from the education service
district as provided in ORS 334.015; and
  (d) For the purpose of providing services consistent with the
local service plan, may enter into contracts with school
districts that have withdrawn from the education service district
as provided in ORS 334.015 or that are located outside the
territory of the education service district.
  (5) The education service district board may employ and fix the
compensation of such personnel as it considers necessary for
carrying out duties of the board.
  (6) In carrying out its duties, the education service district
board:
  (a) May locate, buy, accept by gift or lease such land,
buildings and facilities as may be required for district
purposes.  Leases authorized by this section may be for a term of
up to 30 years and include lease-purchase agreements
 { - whereunder - }  { +  under which + } the district may
acquire ownership of the leased property.
  (b) May acquire personal property by a lease-purchase agreement
or contract of purchase for a term exceeding one year. A
lease-purchase agreement is one in which the rent payable by the
district is expressly agreed to have been established to reflect
the savings resulting from the exemption from taxation, and the
district is entitled to ownership of the property at a nominal or
other price   { - which - }  { +  that + } is stated or
determinable by the terms of the agreement and was not intended
to reflect the true value of the property.
  (c) May lease property or sell and convey property of the
district as the board considers unnecessary to its purposes.
  (d) May purchase relocatable structures in installment
transactions in which deferred installments of the purchase price
are payable over not more than 10 years from the date of delivery
of the property to the district and are secured by a security
interest in the property. The transactions may take the form of,
but are not limited to, lease-purchase agreements.
  (e) May accept money or property donated for the use or benefit
of the district and use the money or property for the purpose for
which it was donated.
  (7) The education service district board may adopt rules it
considers necessary to carry out the duties of the board.
  (8) The education service district may contract with public and
private entities for service delivery.
  (9)(a) The education service district shall work cooperatively
with component school districts and review periodically with
component school districts the operations of component school
districts and shall submit to the component school districts
plans for operations that achieve economies and efficiencies
through consolidation of various operations of all or some of the
districts. The education service district and its component
school districts shall submit an annual report on the
effectiveness of the consolidation of operations to the State
Board of Education.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 23

  (b) As used in this subsection, 'operations' means services
involving transportation, payroll, student records, auditing,
legal services, insurance, printing, investment and other similar
services.
   { +  NOTE: + } Removes outdated reference in (3)(c) to
education service district board as district boundary board (see
chapter 391, Oregon Laws 2011); updates syntax in (6)(a) and (b).
  SECTION 30.  { + Section 8, chapter 59, Oregon Laws 2010, is
repealed. + }
   { +  NOTE: + } Repeals duplicative provision (see ORS
334.550).
  SECTION 31. ORS 336.585 is amended to read:
  336.585. (1) As used in this section:
  (a) 'Juvenile Detention Education Program' means the program
defined in ORS 326.695.
  (b) 'Resident district' means the school district in which the
parents or legal guardian, if any, of a child resided at the time
of the child's enrollment in the Juvenile Detention Education
Program. If the child has no parents or legal guardian, or none
can be located, the resident district is the school district in
which the child is physically located.
  (2) The Department of Education shall provide or cause to be
provided appropriate education for children enrolled in an
educational program under the Juvenile Detention Education
Program. The Superintendent of Public Instruction may contract
with a school district or education service district to provide
or cause to be provided appropriate education to children
enrolled in an educational program under the Juvenile Detention
Education Program.
  (3) The superintendent shall pay the costs of providing
education to children enrolled in an educational program under
the Juvenile Detention Education Program from the State School
Fund grant allocated for that purpose under ORS 327.026.
  (4) The State Board of Education shall adopt by rule standards
to be applied to the operation of the Juvenile Detention
Education Program, including standards that allow a school
district or an education service district under contract with the
superintendent to:
  (a) Implement an assessment system as provided by ORS 329.485
(3).
  (b) Administer a nationally normed assessment as provided by
ORS 329.488.
  (c) Participate in the Oregon Teacher Corps program created by
ORS 329.757 to 329.780.
  (d) Participate in the beginning teacher and administrator
mentorship program established by ORS 329.788 to 329.820.
  (e) Receive funds under ORS chapter 329   { - as provided by
ORS 329.875 - } .
  (5) The superintendent shall ensure that the resident district
of each child enrolled in an educational program under the
Juvenile Detention Education Program is notified, if the resident
district can be reasonably identified. The purposes of the
notification include, but are not limited to:
  (a) Removing the child from the resident district's census;
  (b) Facilitating transfers of the child's educational records;
and
  (c) Facilitating planning for the child's possible return to
the resident district.
   { +  NOTE: + } Deletes reference in (4)(e) to repealed
statute.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 24

  SECTION 32. ORS 336.590 is amended to read:
  336.590. (1) As used in this section, 'Youth Corrections
Education Program' means the program defined in ORS 326.695.
  (2) The Department of Education shall provide or cause to be
provided appropriate education for children enrolled in an
educational program under the Youth Corrections Education
Program.  The Superintendent of Public Instruction may contract
with a school district or education service district to provide
or cause to be provided appropriate education to children
enrolled in an educational program under the Youth Corrections
Education Program.
  (3) The superintendent shall pay the costs of providing
education to children enrolled in an educational program under
the Youth Corrections Education Program from the State School
Fund grant allocated for that purpose under ORS 327.026.
  (4) The State Board of Education shall adopt by rule standards
to be applied to the operation of the Youth Corrections Education
Program, including standards that allow a school district or an
education service district under contract with the superintendent
to:
  (a) Award high school diplomas, modified diplomas, extended
diplomas and alternative certificates as provided by ORS 329.451
and 339.877.
  (b) Implement an assessment system as provided by ORS 329.485
(3).
  (c) Administer a nationally normed assessment as provided by
ORS 329.488.
  (d) Participate in the Oregon Teacher Corps program created by
ORS 329.757 to 329.780.
  (e) Participate in the beginning teacher and administrator
mentorship program established by ORS 329.788 to 329.820.
  (f) Receive funds under ORS chapter 329   { - as provided by
ORS 329.875 - } .
   { +  NOTE: + } Deletes reference in (4)(f) to repealed
statute.
  SECTION 33. ORS 339.035 is amended to read:
  339.035. (1) As used in this section, 'education service
district' means the education service district that contains the
school district of which the child is a resident.
  (2) When a child is taught or is withdrawn from a public school
to be taught by a parent, legal guardian or private teacher, as
provided in ORS 339.030, the parent, legal guardian or private
teacher must notify the education service district in writing. In
addition, when a child who is taught by a parent, legal guardian
or private teacher moves to a new education service district, the
parent, legal guardian or private teacher shall notify the new
education service district in writing. The education service
district shall acknowledge receipt of any notification in
writing.
  (3) Children being taught as provided in subsection (2) of this
section shall be examined at grades 3, 5, 8 and 10 in accordance
with the following procedures:
  (a) The State Board of Education shall adopt by rule a list of
approved comprehensive examinations that are readily available.
  (b)(A) The parent or legal guardian shall select an examination
from the approved list and arrange to have the examination
administered to the child by a qualified neutral person, as
defined by rule by the State Board of Education.
  (B) If the child was withdrawn from public school, the first
examination shall be administered to the child at least 18 months

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 25

after the date on which the child was withdrawn from public
school.
  (C) If the child never attended public or private school, the
first examination shall be administered to the child prior to the
end of grade three.
  (c) The person administering the examination shall:
  (A) Score the examination; and
  (B) Report the results of the examination to the parent or
legal guardian.
  (d) Upon request of the superintendent of the education service
district, the parent or legal guardian shall submit the results
of the examination to the education service district.
  (4)(a) If the composite test score of the child places the
child below the 15th percentile based on national norms, the
child shall be given an additional examination within one year of
when the first examination was administered.
  (b) If the composite test score of the child on the second
examination shows a declining score, then the child shall be
given an additional examination within one year of when the
second examination was administered and the superintendent of the
education service district may:
  (A) Allow the child to continue to be taught by a parent, legal
guardian or private teacher; or
  (B) Place the education of the child under the supervision of a
person holding a teaching license who is selected by the parent
or legal guardian at the expense of the parent or legal guardian.
If the composite test score of the child continues to show a
declining score, the superintendent of the education service
district may:
  (i) Allow the child to continue under the educational
supervision of a licensed teacher selected by the parent or legal
guardian and require that the child be given an additional
examination within one year of when the last examination was
administered;
  (ii) Allow the child to be taught by a parent, legal guardian
or private teacher and require that the child be given an
additional examination within one year of when the last
examination was administered; or
  (iii) Order the parent or legal guardian to send the child to
school for a period not to exceed 12 consecutive months as
determined by the superintendent.
  (c) If the parent or legal guardian of the child does not
consent to placing the education of the child under the
supervision of a licensed teacher who is selected by the parent
or legal guardian, then the superintendent of the education
service district may order the child to return to school for a
period not to exceed 12 consecutive months as determined by the
superintendent.
  (d) If the composite test score of the child on an examination
is equal to or greater than the percentile score on the prior
test, the child may be taught by a parent, legal guardian or
private teacher and for the next examination be examined pursuant
to paragraph (a) of this subsection or subsection (3) of this
section.
  (5)(a) Notwithstanding the examination requirements of
subsections (3) and (4) of this section, the parent or legal
guardian of a child with a disability who has an individualized
education   { - plan - }  { +  program + } and is receiving
special education and related services through the school
district or who is being educated in accordance with a privately

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 26

developed plan shall be evaluated for satisfactory educational
progress according to the recommendations of the  { + program
or + } plan.
  (b) The parent or legal guardian of a child with a disability
who was evaluated by service providers selected by the parent or
legal guardian based on a privately developed plan shall submit a
report of such evaluation to the education service district in
lieu of the examination results required by subsections (3) and
(4) of this section.
  (c) A child with a disability described in this subsection
  { - shall - }  { +  may + } not be subject to the examination
requirements of subsections (3) and (4) of this section unless
the examination is recommended in the  { + program or + } plan in
effect for the child.
   { +  NOTE: + } Standardizes terminology in (5)(a) and (c) (see
ORS 343.035 (7)); updates syntax in (5)(c).
  SECTION 34. ORS 341.425 is amended to read:
  341.425. (1) Before an educational program is commenced at any
community college, the board of education of a community college
district shall apply to the State Board of Education for
permission to commence the program. After the first year of the
program, course additions, deletions or changes must be presented
to the State Board of Education or a representative of the
Department of Community Colleges and Workforce Development
authorized to act for the state board for approval.
  (2) Until the community college becomes accredited by the
  { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities + } or its
successor, the community college shall contract with an
accredited community college for its instructional services,
including curricula, to ensure its courses carry accreditation
and are acceptable for transfer.
  (3) After reviewing the contractual agreement between the
nonaccredited and the accredited colleges and after suggesting
any modifications in the proposed program of studies, the State
Board of Education shall approve or disapprove the application of
a district.
   { +  NOTE: + } Updates title of accrediting organization in
(2).
  SECTION 35. ORS 341.430, as amended by section 11, chapter 104,
Oregon Laws 2012, is amended to read:
  341.430. (1) As used in this section:
  (a) 'Associate transfer degree' means an associate degree that
is awarded by a community college and that is intended to allow a
student to apply the credits earned for the degree toward a
baccalaureate degree.
  (b) 'Community college' means a community college operated
under ORS chapter 341.
    { - (c) 'State institution of higher education' means a state
institution of higher education listed in ORS 352.002. - }
   { +  (c) 'Public university' means a public university listed
in ORS 352.002. + }
  (d) 'Transfer program' means a one-year program that is
designed to allow a student to apply the credits earned through
the program toward a baccalaureate degree.
  (2) The Higher Education Coordinating Commission shall develop
standards related to the ability of students to apply credits
earned through courses of study at community colleges to
baccalaureate degrees awarded by   { - state institutions of
higher education - }  { +  public universities + }. The standards

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 27

shall be known as the 'Transfer Student Bill of Rights and
Responsibilities.  '
  (3) The standards developed under this section may include:
  (a) Admission standards to   { - state institutions of higher
education - }  { +  public universities + } for students who have
earned an associate transfer degree.
  (b) The maximum number of credits that students who have earned
an associate transfer degree would need to complete prior to
receiving various types of baccalaureate degrees at   { - state
institutions of higher education - }  { +  public
universities + }.
  (c) The maximum number of credits that students who have
completed a transfer program would need to complete prior to
receiving various types of baccalaureate degrees at   { - state
institutions of higher education - }  { +  public
universities + }.
  (d) A process by which a community college would award an
associate degree to a student upon completion of necessary
credits, regardless of whether the student applied to receive the
degree or whether the student earned the credits for the degree
at a community college or a   { - state institution of higher
education - }  { +  public university + }.
  (e) Any other issues identified by the Higher Education
Coordinating Commission that relate to courses of study at
community colleges and the ability of a student to transfer
credits to a community college or a   { - state institution of
higher education - }  { +  public university + }, to be admitted
to a   { - state institution of higher education - }  { +  public
university + } or to earn a degree at a community college or a
 { - state institution of higher education - }  { +  public
university + }.
  (f) Requirements that students must meet in order to benefit
from the standards described in paragraphs (a) to (e) of this
subsection.
  (4) Each community college and   { - state institution of
higher education - }  { +  public university + } shall submit
annual reports to the Higher Education Coordinating Commission
related to:
  (a) The number of students who attend a community college and
then a   { - state institution of higher education, or a state
institution of higher education - }  { +  public university, or a
public university + } and then a community college.
  (b) The number of students who attend one community college and
then a different community college.
  (c) The number of students who transfer from a community
college to a   { - state institution of higher education - }
 { +  public university + } and who have an associate transfer
degree or have completed a transfer program.
  (d) The average number of credits students have when they
transfer from a community college to a   { - state institution of
higher education - }  { +  public university + }.
  (e) The average number of credits students have when they
attend one community college and then a different community
college.
  (f) The average number of credits that a student earning an
associate transfer degree completed at a community college.
  (g) The average number of credits students who have transferred
from a community college to a   { - state institution of higher
education - }  { +  public university + } must earn prior to
receiving a baccalaureate degree compared to the average number

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 28

of credits students who did not transfer from a community college
must earn prior to receiving a baccalaureate degree.
   { +  NOTE: + } Standardizes terminology (see chapter 637,
Oregon Laws 2011).
  SECTION 36. ORS 341.440 is amended to read:
  341.440. (1) A community college district may contract with
another community college district,  { + a + } common or union
high school district,  { + an + } education service district, the
Oregon University System, the Oregon Health and Science
University,   { - with - }  a private educational institution
accredited by the   { - Northwest Association of Schools and
Colleges - }  { +  Northwest Commission on Colleges and
Universities + } or its successor or a career school as defined
in ORS 345.010 to obtain educational services for students
enrolled in the community college of the district. However, the
educational services so obtained must meet the standards for
educational services provided by the college and the contract
price to the college for such services must not exceed the costs
 { - which - }  { +  that + } would otherwise be incurred by the
college to provide its students the same or similar services.
  (2) Educational services for which a district operating a
community college may contract include services offered by
correspondence and services offered electronically or through
telecommunications if such services are accredited by a
nationally recognized accrediting association.
  (3) For purposes of ORS 341.626, costs incurred under
subsection (1) of this section shall be considered operating
expenses of the district if the contract is approved by the
Commissioner for Community College Services.
   { +  NOTE: + } Polishes syntax and updates title of
accrediting organization in (1).
  SECTION 37. ORS 341.535 is amended to read:
  341.535. (1) Community college faculty are not required to have
teaching licenses.
  (2) Notwithstanding ORS 342.173, community college faculty who
provide instruction in cooperation with a school district for
academic, career and technical education, school-to-work or other
work-related programs under ORS chapter 329 are not required to
have teaching licenses. If the faculty member is not a regular
full-time employee of the community college, the school district
shall follow the instructor appraisal committee procedures
adopted by the Teacher Standards and Practices Commission.
  (3) Until a community college becomes accredited by the
  { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities + } or its
successor, the board shall obtain the approval of the accredited
community college with which it contracts for curriculum and
instructional services before employing any person to teach
transfer courses.
   { +  NOTE: + } Updates title of accrediting organization in
(3).
  SECTION 38. ORS 342.156 is amended to read:
  342.156. A person teaching a distance learning course
originating in Oregon must:
  (1) Have a teaching license issued by the Teacher Standards and
Practices Commission with the appropriate subject matter
endorsement; or
  (2) Be employed by a post-secondary institution accredited by
the   { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities or its

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 29

successor, + } and have the appropriate subject matter
preparation.
   { +  NOTE: + } Updates title of accrediting organization in
(2).
  SECTION 39. ORS 342.173 is amended to read:
  342.173. (1) Any school district   { - which - }  { +  that + }
employs any person not properly licensed by the Teacher Standards
and Practices Commission and assigned in accordance with the
terms specified by the person's license shall forfeit in State
School Fund moneys due the district an amount determined by the
Teacher Standards and Practices Commission   { - to not - }  { +
not to + } exceed the amount of the salary paid to the person for
the time during which the person is employed. The forfeiture
 { - shall be - }   { + is + } effective unless:
  (a)   { - Such - }   { + The + } assignments are made with
justification satisfactory to the Teacher Standards and Practices
Commission.
  (b) The teacher is employed by a post-secondary institution
 { +  that is + } accredited by the   { - Northwest Association
of Schools and Colleges which - }  { +  Northwest Commission on
Colleges and Universities or its successor, and that + } has a
contract with a school district under which the teacher is
teaching at the high school level. The contract shall be approved
annually by the State Board of Education under rules adopted by
the board, including criteria for a teacher's qualifications
under subparagraph (C) of this paragraph. The contract shall:
  (A) Be for a specific instructional assignment for which the
district does not have appropriately licensed personnel either on
staff or available to be placed on staff after a reasonably
diligent search;
  (B) Be approved annually by the governing boards of the
post-secondary institution and the school district including a
written determination that appropriately licensed personnel have
not become available since the previous contract for the
assignment;
  (C) Provide evidence that the teacher's qualifications are
appropriate for the assignment;
  (D) Allow the teacher to teach no more than two high school
units of credit or the equivalent per year; and
  (E) Not be valid during a school closure, strike or summer
session.
  (c) The person is teaching a live, interactive distance
learning course originating outside the state.
  (2) A school district shall be required under subsection (1) of
this section to forfeit not more than $1,000 of State School Fund
moneys due the district if the license has lapsed during the time
of employment with the district and the holder had at the time
the license expired all the qualifications necessary to renew the
license.
  (3) Notwithstanding subsections (1) and (2) of this section, a
school district employing unlicensed staff members in positions
requiring licensed personnel during the time of a labor dispute
shall forfeit in State School Fund moneys an amount equal to the
daily salary rate multiplied by the number of teaching days for
each unlicensed teaching employee during the entire labor
dispute.
  (4) If the State Board of Education finds a contract to be in
violation of the provisions of subsection (1)(b) of this section,
the board shall report the violation to the Teacher Standards and

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 30

Practices Commission { + , + } which shall proceed as provided in
subsection (1) of this section.
  (5) Any education service district that employs any person not
properly licensed by the Teacher Standards and Practices
Commission and assigned in accordance with the terms specified in
the person's license shall pay from its funds an amount
determined by the Teacher Standards and Practices Commission not
to exceed the amount of salary paid to the person for the time
during which the person was employed. The payment shall be
required unless the assignment is made with justification
satisfactory to the commission. All amounts received under this
subsection shall be credited to the State School Fund.
  (6) An education service district shall be required under
subsection (5) of this section to pay a penalty of not more than
$1,000 if the license has lapsed during the time of employment
with the district and the holder had at the time the license
expired all the qualifications necessary to renew the license.
  (7) Subject to any applicable collective bargaining agreement,
an education service district required to pay any penalty under
subsection (6) of this section is entitled to recover one-half of
the amounts paid from the licensed personnel whose unlicensed
status caused the payment. Recovery   { - shall - }  { +  may + }
not exceed one-half of the amount paid that is attributable to
the licensed person.
  (8) The Teacher Standards and Practices Commission shall notify
districts of the licensing expiration dates of their employees
who are reported to the commission. The reporting shall be done
in a manner specified by the commission.
  (9) Subject to any applicable collective bargaining agreement,
a district required to forfeit any State School Fund moneys under
subsection (2) of this section is entitled to recover one-half of
the amounts forfeited from the licensed personnel whose
unlicensed status caused the forfeiture. Recovery   { - shall - }
 { +  may + } not exceed one-half of the amount forfeited that is
attributable to the particular licensed person.
  (10) A school district or education service district that
assigns a teacher to be present in the classroom during a live,
interactive distance learning presentation   { - shall - }  { +
may + } not be subject to the forfeiture described in subsection
(1) of this section solely because the assignment does not
conform to the terms specified on the license of the teacher.
   { +  NOTE: + } Updates syntax in (1), (1)(a), (1)(b), (7), (9)
and (10); updates title of accrediting organization in (1)(b);
adds missing comma in (4).
  SECTION 40. ORS 342.360 is amended to read:
  342.360. (1) The membership of the Teacher Standards and
Practices Commission shall consist of:
  (a) Four elementary teachers;
  (b) Four junior or senior high school teachers;
  (c) One elementary school administrator;
  (d) One junior or senior high school administrator;
  (e) One superintendent of city schools;
  (f) One county superintendent or a superintendent employed by
an education service district board;
  (g) One member from the faculty of an approved private teacher
education institution in Oregon;
  (h) One member from the faculty of a public university listed
in ORS 352.002;
  (i) One member who is also a member of a district school board;
and

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 31

  (j) Two members of the general public.
  (2) Except for those members appointed under subsection (1)(i)
and (j) of this section, members must have been actively engaged
in teaching, supervising or administering in the public schools
or in approved teacher education institutions in Oregon for the
period of five years immediately preceding appointment.  Acting
as an elected representative of teachers, supervisors or
administrators shall be considered teaching, supervising or
administering for the purposes of the five-year experience
requirement. In addition, members appointed under subsection
(1)(a) to (f) of this section must hold valid Oregon teaching or
administrative licenses other than restricted teaching or
administrative licenses.
  (3)(a) Throughout the term for which appointed, one of the
members appointed under subsection (1)(a) to (j) of this section
must hold a teaching license with an endorsement in some aspect
of special education or have demonstrated knowledge or experience
in special education.
  (b) As used in this subsection, 'special education' means
specially designed education to meet the goals of the
 { - individual - }  { +  individualized + } education program of
a child with a disability including regular classroom
instruction, instruction in physical education, home instruction,
related services and instruction in hospitals, institutions and
special schools.
   { +  NOTE: + } Standardizes terminology in (3)(b) (see ORS
343.035 (7)).
  SECTION 41. ORS 343.155 is amended to read:
  343.155. The State Board of Education shall establish by rule
procedures to protect the rights of every child with a disability
who is eligible for special education and every child who there
is a reasonable cause to believe has a disability, including:
  (1) Rules providing for the participation of the parents of a
child with a disability in meetings regarding the child's
identification, evaluation, individualized education program,
educational placement and the provision of a free appropriate
public education to the child.
  (2) Rules governing the procedures for the appointment of a
surrogate for the parent and other rules necessary to protect the
special educational rights of the child, which shall include, but
need not be limited to, rules applicable whenever:
  (a) No parent of the child can be identified or located after
reasonable efforts;
  (b) There is reasonable cause to believe that the child has a
disability and is a ward of the state;
  (c) The child is an unaccompanied homeless youth;
  (d) The child reaches the age of majority and has been
determined not to have the ability to give informed consent
regarding the child's education; or
  (e) The parent, guardian or former guardian of the child is
disqualified from being appointed as a surrogate under ORS
343.156.
  (3) Rules prescribing mediation procedures, resolution sessions
and hearings procedures if identification, evaluation,
  { - individual - }  { +  individualized + } education program
or placement is contested.
  (4) Rules prescribing when notice of procedural safeguards must
be given to the parents or the child with a disability who has
reached the age of majority, the content of the notice and the
language of the notice.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 32

  (5) Rules prescribing standards and procedures for disciplinary
actions for behavior or misconduct of a child with a disability.
  (6) Other procedural safeguards as required by law.
   { +  NOTE: + } Standardizes terminology in (3) (see (1) and
ORS 343.035 (7)).
  SECTION 42. ORS 343.224 is amended to read:
  343.224. School districts   { - shall not be - }  { +  are
not + } financially responsible for noneducational care of a
child with a disability unless that district has participated in
development of the child's individualized education
 { - plan - }  { +  program + } that clearly documents
 { - such - }  { +  that the + } care is prerequisite to the
child receiving a free and appropriate education and the
placement is for educational program needs, rather than care
needs.
   { +  NOTE: + } Modernizes word choice and standardizes
terminology (see ORS 343.035 (7)).
  SECTION 43. ORS 346.015 is amended to read:
  346.015. (1) Prior to convening a meeting to prepare an
  { - individual education plan - }  { +  individualized
education program + } for a child with an intellectual disability
or a developmental disability for whom placement at the school
operated under ORS 346.010 may be considered, the agency that is
providing the education for the child shall notify the local
community developmental disabilities program. The case manager
responsible for programs for children with intellectual
disabilities or developmental disabilities, in consultation with
the Department of Human Services, shall evaluate whether the
child also has needs for alternative residential care or other
support services. If the evaluation determines this to be the
case, but documents that community resources are not available to
meet these needs, the school district may proceed with the
meeting to prepare the
  { - individual education plan - }  { +  individualized
education program + } in which placement at the school operated
under ORS 346.010 may be considered.
  (2) An agency providing education under subsection (1) of this
section may initiate the procedure in subsection (1) of this
section for any child who does not have an intellectual
disability or a developmental disability when in the agency's
judgment a treatment or residential issue is prompting proposed
placement under ORS 346.010.
  (3) A child may not be placed in the school operated under ORS
346.010 unless the district superintendent or the
superintendent's designee has signed a statement declaring that
the district cannot provide a free appropriate public education
for the child commensurate with the needs of the child as
identified by the   { - individual education plan - }  { +
individualized education program + } of the child and that the
school is the least restrictive environment in which the child
can be educated.
  (4) By rule, the State Board of Education shall determine
procedures to be followed by local education agencies in carrying
out this section.
   { +  NOTE: + } Standardizes terminology in (1) and (3) (see
ORS 343.035 (7)).
  SECTION 44. ORS 346.035 is amended to read:
  346.035. For a child who is enrolled under ORS 346.010 and who
has an intellectual disability or a developmental disability, the
Department of Education shall notify the community developmental

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 33

disabilities program of the date of the annual review of the
 { - individual education plan - }  { +  individualized education
program + } of the child for the purpose of including in the
review the assigned case manager's assessment of community
resources that are available for treatment or residential needs
the child might have.
   { +  NOTE: + } Standardizes terminology (see ORS 343.035 (7)).
  SECTION 45. ORS 346.041 is amended to read:
  346.041. (1) Transportation for pupils attending the school
operated under ORS 346.010 is the responsibility of the pupil's
resident school district. The district may provide transportation
directly or by agreement with another school district, a public
carrier or the Department of Education.
  (2) The actual and necessary transportation expenses incurred
under subsection (1) of this section, at a frequency consistent
with a pupil's   { - individual education plan - }  { +
individualized education program + }, shall be considered
approved transportation costs for purposes of ORS 327.006 and
327.033.
  (3) The resident school district shall reimburse the Department
of Education for all transportation costs the department incurs
on behalf of the district within 10 days after receipt of the
itemized invoice.
  (4) The payments of the resident school districts required
under subsection (3) of this section and an amount specifically
appropriated thereto shall be deposited in the State Treasury to
the credit of the Special Education Transportation Revolving
Account to be used by the Department of Education for the
transportation of pupils attending the school operated under ORS
346.010. The account shall be continuously appropriated to the
department for such purpose.
  (5) Any unexpended and unobligated balance in the Special
Education Transportation Revolving Account in excess of $70,000
as of September 1 of any year shall be transferred from the
account to the General Fund to be available for general
governmental purposes.
   { +  NOTE: + } Standardizes terminology in (2) (see ORS
343.035 (7)).
  SECTION 46. ORS 348.105 is amended to read:
  348.105. (1) As used in this section:
  (a) 'Educational institution' means any post-secondary
educational institution that is approved or accredited by the
  { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities or its
successor + }, by its regional equivalent or by the appropriate
official, department or agency of the state or nation in which
the institution is located, and that is:
  (A) A four-year college or university;
  (B) A junior college or community college; or
  (C) A technical, professional or career school.
  (b) 'Educational loan' means a loan or other aid or assistance
for the purpose of furthering the obligor's education at an
educational institution.
  (c) 'Person' means an individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
  (2) Notwithstanding any other provision of law, any written
obligation made by any minor in consideration of an educational
loan received by the minor from any person shall be as valid and
binding as if the minor had, at the time of making and executing

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 34

the obligation, attained the age of majority, but only if prior
to the making of the educational loan an educational institution
has certified in writing to the person making the educational
loan that the minor is enrolled, or has been accepted for
enrollment, in the educational institution.
  (3) Any obligation mentioned in subsection (2) of this section
may be enforced in any action or proceeding against such person
in the name of the person and shall be valid, insofar as the
issue of age is concerned, without the consent thereto of the
parent or guardian of such person. Such person may not disaffirm
the obligation because of age nor may such person interpose in
any action or proceeding arising out of the educational loan the
defense that the borrower is, or was, at the time of making or
executing the obligation, a minor.
  (4) Any parent or legal guardian who did not consent to
guarantee or otherwise ensure performance of the obligation
mentioned in subsection (2) of this section   { - shall not
be - }  { +  is not + } liable for payment of such obligation.
   { +  NOTE: + } Updates title of accrediting organization in
(1)(a); modernizes word choice in (4).
  SECTION 47. ORS 348.270 is amended to read:
  348.270. (1) In addition to any other scholarships provided by
law, the  { + Oregon Student Access + } Commission shall award
scholarships in any public university listed in ORS 352.002, in
the Oregon Health and Science University, in any community
college operated under ORS chapter 341, or in any Oregon-based
regionally accredited independent institution, to any student
applying for enrollment or who is enrolled therein, who is:
  (a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the commission, that the income of the
public safety officer is less than that earned by public safety
officers performing duties comparable to those performed at the
highest rank or grade attained by the public safety officer; or
  (b) A current foster child or former foster child who enrolls
in an institution of higher education as an undergraduate student
not later than three years from the date the student was removed
from the care of the Department of Human Services, the date the
student graduated from high school or the date the student
received the equivalent of a high school diploma, whichever date
is earliest.
  (2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are current foster
children or former foster children shall equal the amount of
tuition and all fees levied by the institution against the
recipient of the scholarship. However, scholarships awarded to
students who attend independent institutions   { - shall - }
 { +  may + } not exceed the amount of tuition and all fees
levied by the University of Oregon.
  (3) If   { - the - }  { +  a + } student who is the dependent
of a deceased public safety officer continues to remain enrolled
in a public university listed in ORS 352.002 or a community
college or an independent institution within the State of Oregon,
the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education and four years of post-graduate
education.
  (4) If   { - the - }  { +  a + } student who is a current
foster child or former foster child or who is the dependent of a
public safety officer with a disability continues to remain

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 35

enrolled in a public university listed in ORS 352.002 or a
community college or an independent institution within the State
of Oregon, the student shall be entitled to renewal of the
scholarship until the student has received the equivalent of four
years of undergraduate education.
  (5) The commission may require proof of   { - the - }  { +
a + } student's relationship to a public safety officer described
in subsection (1) of this section or proof that   { - the - }
 { +  a + } student is a current foster child or former foster
child.
  (6) As used in this section:
  (a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
  (b) 'Public safety officer' means:
  (A) A firefighter or police officer as those terms are defined
in ORS 237.610.
  (B) A member of the Oregon State Police.
  (C) A police officer commissioned by a university under ORS
352.383.
  (D) An authorized tribal police officer as defined in section
1, chapter 644, Oregon Laws 2011.
   { +  NOTE: + } Sets forth full title of commission in (1);
updates syntax in (2); corrects word choice in (3), (4) and (5).
  SECTION 48. ORS 348.270, as amended by section 51, chapter 644,
Oregon Laws 2011, is amended to read:
  348.270. (1) In addition to any other scholarships provided by
law, the  { + Oregon Student Access + } Commission shall award
scholarships in any public university listed in ORS 352.002, in
the Oregon Health and Science University, in any community
college operated under ORS chapter 341, or in any Oregon-based
regionally accredited independent institution, to any student
applying for enrollment or who is enrolled therein, who is:
  (a) The natural child, adopted child or stepchild of any public
safety officer who, in the line of duty, was killed or so
disabled, as determined by the commission, that the income of the
public safety officer is less than that earned by public safety
officers performing duties comparable to those performed at the
highest rank or grade attained by the public safety officer; or
  (b) A current foster child or former foster child who enrolls
in an institution of higher education as an undergraduate student
not later than three years from the date the student was removed
from the care of the Department of Human Services, the date the
student graduated from high school or the date the student
received the equivalent of a high school diploma, whichever date
is earliest.
  (2) Scholarships awarded under this section to students who are
dependents of public safety officers or who are current foster
children or former foster children shall equal the amount of
tuition and all fees levied by the institution against the
recipient of the scholarship. However, scholarships awarded to
students who attend independent institutions   { - shall - }
 { + may + } not exceed the amount of tuition and all fees levied
by the University of Oregon.
  (3) If   { - the - }  { +  a + } student who is the dependent
of a deceased public safety officer continues to remain enrolled
in a public university listed in ORS 352.002 or a community
college or an independent institution within the State of Oregon,

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 36

the student shall be entitled to renewal of the scholarship until
the student has received the equivalent of four years of
undergraduate education and four years of post-graduate
education.
  (4) If   { - the - }  { +  a + } student who is a current
foster child or former foster child or who is the dependent of a
public safety officer with a disability continues to remain
enrolled in a public university listed in ORS 352.002 or a
community college or an independent institution within the State
of Oregon, the student shall be entitled to renewal of the
scholarship until the student has received the equivalent of four
years of undergraduate education.
  (5) The commission may require proof of   { - the - }  { +
a + } student's relationship to a public safety officer described
in subsection (1) of this section or proof that   { - the - }
 { +  a + } student is a current foster child or former foster
child.
  (6) As used in this section:
  (a) 'Former foster child' means an individual who, for a total
of 12 or more months while between the ages of 16 and 21, was a
ward of the court pursuant to ORS 419B.100 (1)(b) to (e) and in
the legal custody of the Department of Human Services for
out-of-home placement.
  (b) 'Public safety officer' means:
  (A) A firefighter or police officer as those terms are defined
in ORS 237.610.
  (B) A member of the Oregon State Police.
  (C) A police officer commissioned by a university under ORS
352.383.
   { +  NOTE: + } Sets forth full title of commission in (1);
updates syntax in (2); corrects word choice in (3), (4) and (5).
  SECTION 49. ORS 351.293 is amended to read:
  351.293. (1) Notwithstanding ORS 341.290, 351.070 (3) or
353.050, a current foster child or former foster child under 25
years of age who enrolls in an institution of higher education as
an undergraduate student not later than three years after the
date the student was removed from the care of the Department of
Human Services, the date the student graduated from high school
or the date the student received the equivalent of a high school
diploma, whichever date is earliest, shall have the amount of
tuition and all fees levied against the student waived if
attending an institution of higher education   { - listed in ORS
352.002, a community college operated under ORS chapter 341 or
Oregon Health and Science University - }  for purposes of
pursuing an initial undergraduate degree.
  (2) A student who is a current foster child or former foster
child is entitled to waiver of tuition and all fees under
subsection (1) of this section until the student has received the
equivalent of four years of undergraduate education.
  (3) As a condition of receiving a tuition waiver for an
academic year, a current foster child or former foster child
must:
  (a) Complete and submit the Free Application for Federal
Student Aid for that academic year; and
  (b) For years after the first academic year at an institution
of higher education, have completed a minimum of 30 volunteer
service hours in the previous academic year performing community
service activities such as mentoring foster youth or assisting in
the provision of peer support service activities, according to
policies developed by the institution of higher education at

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 37

which the current foster child or former foster child is
enrolled.
  (4) A waiver of tuition and all fees under subsection (1) of
this section may be reduced by the amount of any federal aid
scholarships or grants, an award from the Oregon Opportunity
Grant program established under ORS 348.205 and any other aid
received from the institution of higher education. For the
purposes of this subsection, 'federal aid scholarships or grants'
does not include Chafee Education and Training Grant vouchers
(P.L.  107-133).
  (5) As used in this section  { - , - }  { + :
  (a) + } 'Former foster child' means an individual who, for a
total of 12 or more months while between 16 and 21 years of age,
was a ward of the court pursuant to ORS 419B.100 (1)(b) to (e)
and in the legal custody of the Department of Human Services for
out-of-home placement.  { +
  (b) 'Institution of higher education' means:
  (A) A public university listed in ORS 352.002;
  (B) A community college operated under ORS chapter 341; or
  (C) The Oregon Health and Science University. + }
   { +  NOTE: + } Standardizes terminology (see chapter 637,
Oregon Laws 2011).
  SECTION 50. ORS 351.296 is amended to read:
  351.296. (1) As used in this section, '  { - state - }
institution of higher   { - learning - }  { +  education + } '
means:
  (a) A   { - state institution of higher education - }  { +
public university + } listed in ORS 352.002;
  (b) A community college operated under ORS chapter 341; or
  (c)  { + The + } Oregon Health and Science University.
  (2)   { - A state institution of higher learning - }  { +  An
institution of higher education + } shall allow members and
agents of the Armed Forces of the United States to recruit on a
public campus and shall set rules and standards for such
recruitment that are the same as for all other employment
recruitment activities allowed on the campus.
   { +  NOTE: + } Standardizes terminology (see chapter 637,
Oregon Laws 2011).
  SECTION 51. ORS 352.720 is amended to read:
  352.720. As used in ORS 352.710 to 352.760, unless the context
requires otherwise:
  (1) 'Private and independent institutions of higher education'
or 'institution' means any nonpublic and nonprofit college or
university in the State of Oregon accredited by the
  { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities or its
successor, + } and any chiropractic college located in this state
and accredited by the
  { - Commission on Accreditation of the - }  Council on
Chiropractic Education  { - , - }  or its successor.
  (2) 'Nonsectarian educational services' means the
  { - providing - }  { +  provision + } of instruction in secular
subjects.
  (3) 'Secular subjects' means any course   { - which - }  { +
that + } is presented in the curriculum of a private and
independent institution of higher education   { - which - }  { +
that + } is not hobby or recreational in nature or
 { - which - }  { +  that + } does not advocate the religious
teachings or the morals or forms of worship of any sect.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 38

   { +  NOTE: + } Updates titles of accrediting organizations and
removes unnecessary comma in (1); updates word choice in (2) and
(3).
  SECTION 52. ORS 352.790 is amended to read:
  352.790. As used in ORS 352.790 to 352.820, unless the context
requires otherwise:
  (1) 'Education facilities' means real or personal property
owned or operated by an educational institution and used to
provide post-secondary education. 'Education facilities '
includes administrative offices, student and staff parking and
on-campus dormitories, but does not include property used for
sectarian instruction nor used primarily as a place of religious
worship or as a part of a program of a school or department of
divinity for any religious denomination or for the religious
training of ministers, priests, rabbis or other similar persons
in the field of religion.
  (2) 'Education facilities costs' means all costs of acquiring,
constructing and improving education facilities, and capitalized
interest, reserves, costs of credit enhancements and costs of
issuing and paying revenue bonds.
  (3) 'Education facility revenues' means repayments of loans
authorized by ORS 352.800 (3), and any moneys derived from rights
or property   { - which - }  { +  that + } are security for such
a loan.
  (4) 'Educational institution' means any nonprofit institution
located in this state   { - which - }  { +  that + } grants
post-secondary degrees and is accredited by the   { - Northwest
Association of Schools and Colleges - }  { +  Northwest
Commission on Colleges and Universities or its successor, + } or
affiliated nonprofit foundations whose role is to further the
mission of qualified institutions.
  (5) 'Municipality' means any city or county.
  (6) 'Revenue bond' means a revenue bond as defined in ORS
287A.001 that is issued by a municipality pursuant to ORS 352.790
to 352.820.
   { +  NOTE: + } Updates word choice in (3) and (4); updates
title of accrediting organization in (4).
  SECTION 53. ORS 390.114 is amended to read:
  390.114. (1) There is established a State Parks and Recreation
Commission consisting of seven members appointed by the Governor.
  (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
  (3) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate pursuant to
ORS 171.562 and 171.565.
  (4) The Governor shall appoint one member of the commission
from each of the congressional districts   { - referred to in ORS
188.135 - }  { +  of this state + }, one member from among
individuals who reside west of the summit of the Coast Mountain
Range and one member from among individuals who reside east of
the summit of the Cascade Mountain Range.
  (5) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
   { +  NOTE: + } Deletes reference to obsolete statute in (4).
  SECTION 54. ORS 408.370 is amended to read:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 39

  408.370. (1) In addition to the other uses for the Oregon
Housing Fund set forth in ORS 458.600 to 458.665, financial
support for an Oregon Veterans' Home is a permitted use of moneys
from the Oregon Housing Fund.
  (2) Notwithstanding ORS 442.315  { - , - }  { +  and + }
442.325   { - and 442.584 - } , an Oregon Veterans' Home is not
subject to any certificate of need requirement.
   { +  NOTE: + } Deletes reference to repealed statute in (2).
  SECTION 55. ORS 413.011, as amended by section 15, chapter 38,
Oregon Laws 2012, is amended to read:
  413.011. (1) The duties of the Oregon Health Policy Board are
to:
  (a) Be the policy-making and oversight body for the Oregon
Health Authority established in ORS 413.032 and all of the
authority's departmental divisions.
  (b) Develop and submit a plan to the Legislative Assembly by
December 31, 2010, to provide and fund access to affordable,
quality health care for all Oregonians by 2015.
  (c) Develop a program to provide health insurance premium
assistance to all low and moderate income individuals who are
legal residents of Oregon.
  (d) Establish and continuously refine uniform, statewide health
care quality standards for use by all purchasers of health care,
third-party payers and health care providers as quality
performance benchmarks.
  (e) Establish evidence-based clinical standards and practice
guidelines that may be used by providers.
  (f) Approve and monitor community-centered health initiatives
described in ORS 413.032 (1)(i) that are consistent with public
health goals, strategies, programs and performance standards
adopted by the Oregon Health Policy Board to improve the health
of all Oregonians, and shall regularly report to the Legislative
Assembly on the accomplishments and needed changes to the
initiatives.
  (g) Establish cost containment mechanisms to reduce health care
costs.
  (h) Ensure that Oregon's health care workforce is sufficient in
numbers and training to meet the demand that will be created by
the expansion in health coverage, health care system
transformations, an increasingly diverse population and an aging
workforce.
  (i) Work with the Oregon congressional delegation to advance
the adoption of changes in federal law or policy to promote
Oregon's comprehensive health reform plan.
  (j) Establish a health benefit package in accordance with ORS
741.340 to be used as the baseline for all health benefit plans
offered through the Oregon Health Insurance Exchange.
  (k) By December 31, 2010, investigate and report to the
Legislative Assembly, and annually thereafter, on the feasibility
and advisability of future changes to the health insurance market
in Oregon, including but not limited to the following:
  (A) A requirement for every resident to have health insurance
coverage.
  (B) A payroll tax as a means to encourage employers to continue
providing health insurance to their employees.
  (C) The implementation of a system of interoperable electronic
health records utilized by all health care providers in this
state.
  (L) Meet cost-containment goals by structuring reimbursement
rates to reward comprehensive management of diseases, quality

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 40

outcomes and the efficient use of resources by promoting
cost-effective procedures, services and programs including,
without limitation, preventive health, dental and primary care
services, web-based office visits, telephone consultations and
telemedicine consultations.
  (m) Oversee the expenditure of moneys from the Health Care
Workforce Strategic Fund to support grants to primary care
providers and rural health practitioners, to increase the number
of primary care educators and to support efforts to create and
develop career ladder opportunities.
  (n) Work with the Public Health Benefit Purchasers Committee,
administrators of the medical assistance program and the
Department of Corrections to identify uniform contracting
standards for health benefit plans that achieve maximum quality
and cost outcomes and align the contracting standards for all
state programs to the greatest extent practicable.
  (2) The Oregon Health Policy Board is authorized to:
  (a) Subject to the approval of the Governor, organize and
reorganize the authority as the board considers necessary to
properly conduct the work of the authority.
  (b) Submit directly to the Legislative Counsel, no later than
October 1 of each even-numbered year, requests for measures
necessary to provide statutory authorization to carry out any of
the board's duties or to implement any of the board's
recommendations. The measures may be filed prior to the beginning
of the legislative session in accordance with the rules of the
House of Representatives and the Senate.
  (3) If the board or the authority is unable to perform, in
whole or in part, any of the duties described in ORS 413.006 to
413.042  { - , 413.101 - }  and 741.340 without federal approval,
the authority is authorized to request, in accordance with ORS
413.072, waivers or other approval necessary to perform those
duties. The authority shall implement any portions of those
duties not requiring legislative authority or federal approval,
to the extent practicable.
  (4) The enumeration of duties, functions and powers in this
section is not intended to be exclusive nor to limit the duties,
functions and powers imposed on the board by ORS 413.006 to
413.042  { - , 413.101 - }  and 741.340 and by other statutes.
  (5) The board shall consult with the Department of Consumer and
Business Services in completing the tasks set forth in subsection
(1)(j) and (k)(A) of this section.
   { +  NOTE: + } Eliminates nonsensical citations in (3) and
(4).
  SECTION 56. ORS 413.032 is amended to read:
  413.032. (1) The Oregon Health Authority is established. The
authority shall:
  (a) Carry out policies adopted by the Oregon Health Policy
Board;
  (b) Administer the Oregon Integrated and Coordinated Health
Care Delivery System established in ORS 414.620;
  (c) Administer the Oregon Prescription Drug Program;
  (d) Administer the Family Health Insurance Assistance Program;
  (e) Develop the policies for and the provision of publicly
funded medical care and medical assistance in this state;
  (f) Develop the policies for and the provision of mental health
treatment and treatment of addictions;
  (g) Assess, promote and protect the health of the public as
specified by state and federal law;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 41

  (h) Provide regular reports to the board with respect to the
performance of health services contractors serving recipients of
medical assistance, including reports of trends in health
services and enrollee satisfaction;
  (i) Guide and support, with the authorization of the board,
community-centered health initiatives designed to address
critical risk factors, especially those that contribute to
chronic disease;
  (j) Be the state Medicaid agency for the administration of
funds from Titles XIX and XXI of the Social Security Act and
administer medical assistance under ORS chapter 414;
  (k) In consultation with the Director of the Department of
Consumer and Business Services, periodically review and recommend
standards and methodologies to the Legislative Assembly for:
  (A) Review of administrative expenses of health insurers;
  (B) Approval of rates; and
  (C) Enforcement of rating rules adopted by the Department of
Consumer and Business Services;
  (L) Structure reimbursement rates for providers that serve
recipients of medical assistance to reward comprehensive
management of diseases, quality outcomes and the efficient use of
resources and to promote cost-effective procedures, services and
programs including, without limitation, preventive health, dental
and primary care services, web-based office visits, telephone
consultations and telemedicine consultations;
  (m) Guide and support community three-share agreements in which
an employer, state or local government and an individual all
contribute a portion of a premium for a community-centered health
initiative or for insurance coverage;
  (n) Develop, in consultation with the Department of Consumer
and Business Services, one or more products designed to provide
more affordable options for the small group market; and
  (o) Implement policies and programs to expand the skilled,
diverse workforce as described in ORS 414.018 (4).
  (2) The Oregon Health Authority is authorized to:
  (a) Create an all-claims, all-payer database to collect health
care data and monitor and evaluate health care reform in Oregon
and to provide comparative cost and quality information to
consumers, providers and purchasers of health care about Oregon's
health care systems and health plan networks in order to provide
comparative information to consumers.
  (b) Develop uniform contracting standards for the purchase of
health care, including the following:
  (A) Uniform quality standards and performance measures;
  (B) Evidence-based guidelines for major chronic disease
management and health care services with unexplained variations
in frequency or cost;
  (C) Evidence-based effectiveness guidelines for select new
technologies and medical equipment; and
  (D) A statewide drug formulary that may be used by publicly
funded health benefit plans.
  (3) The enumeration of duties, functions and powers in this
section is not intended to be exclusive nor to limit the duties,
functions and powers imposed on or vested in the Oregon Health
Authority by ORS 413.006 to 413.042  { - , 413.101 - }  and
741.340 or by other statutes.
   { +  NOTE: + } Eliminates nonsensical citation in (3).
  SECTION 57. ORS 413.037 is amended to read:
  413.037.  { + (1) + } The Director of the Oregon Health
Authority, each deputy director and authorized representatives of

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 42

the director may administer oaths, take depositions and issue
subpoenas to compel the attendance of witnesses and the
production of documents or other written information necessary to
carry out the provisions of ORS 413.006 to 413.042  { - ,
413.101 - }  and 741.340.
   { +  (2) + } If any person fails to comply with a subpoena
issued under this section or refuses to testify on matters on
which the person lawfully may be interrogated, the director,
deputy director or authorized representative may follow the
procedure set out in ORS 183.440 to compel obedience.
   { +  NOTE: + } Reformats section; eliminates nonsensical
citation.
  SECTION 58.  { + Notwithstanding any other provision of law,
ORS 413.101 shall not be considered to have been added to or made
a part of ORS 413.006 to 413.042 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
series. + }
   { +  NOTE: + } Removes statute from inappropriate ORS series.
  SECTION 59. ORS 413.520 is amended to read:
  413.520. (1) The Oregon Health Authority, in collaboration with
county representatives,   { - prior to January 1, 2000, - }
shall develop a plan for the administration of the statewide
gambling addiction programs and delivery of program services.
  (2) The authority may appoint an advisory committee or
designate an existing advisory committee to make recommendations
to the authority concerning:
  (a) Performance standards and evaluation methodology;
  (b) Fiscal reporting and accountability;
  (c) Delivery of services; and
  (d) A distribution plan for use of available funds.
  (3) The distribution plan for the moneys available in the
Problem Gambling Treatment Fund shall be based on performance
standards.
  (4) The authority may enter into an intergovernmental agreement
or other contract for the delivery of services related to
programs for the prevention and treatment of gambling addiction
and other emotional and behavioral problems related to gambling.
  (5) Before entering into an agreement or contract under
subsection (4) of this section, the authority must consider the
experience, performance and program capacity of those
organizations currently providing services.
   { +  NOTE: + } Removes defunct date in (1).
  SECTION 60. ORS 418.580, as amended by section 29, chapter 97,
Oregon Laws 2012, is amended to read:
  418.580. (1)   { - By October 1, 2012, and - }  To the extent
practicable using available resources, the Department of Human
Services and county partners shall implement Strengthening,
Preserving and Reunifying Families programs as described in this
section. County partners are encouraged to form collaborations
with programs to design, oversee and participate in program
development and implementation as appropriate. The department
shall be the lead agency in efforts undertaken pursuant to this
section, but all officers, boards, commissions and other agencies
of the State of Oregon shall cooperate with the department to
accomplish the duties imposed on the department by ORS 418.575 to
418.598 and to allocate services provided by programs as
described in this section.
  (2)(a) The Director of Human Services or the director's
designee, the Director of the Oregon Health Authority or the

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 43

director's designee or the Director of the Housing and Community
Services Department or the director's designee shall enter into a
contract with, and make reasonable payment for services provided
by, a program in accordance with ORS 418.575 to 418.598, and
shall, where necessary, enter into contracts with a lead agency
or with county and community entities that have been designated
by the county partners to coordinate services provided under this
section.
  (b) A contract entered into under this subsection shall require
only those services that are reasonably available in the county
or region where the program is or will be providing services.
Services may or may not be located in a given county or region.
  (c) At the election of any director or director's designee, a
contract entered into under this subsection may be a
performance-based contract.
  (3) The programs implemented under this section shall provide
an array of services. Depending on resources and availability,
the services provided may include but are not limited to the
following:
  (a) Front end intervention services that include alcohol and
drug treatment providers or mental health providers accompanying
department caseworkers on initial calls and visits in response to
allegations or reports of abuse or neglect. County partners shall
participate in assessments to determine the appropriateness and
level of program services required for a child and the child's
family, the creation of safety plans to enable the provision of
in-home services if appropriate and the development of family
preservation and reunification plans for presentation to the
juvenile court.
  (b) Residential treatment whereby a member of a child's family
with care, custody or control of the child enters a treatment
facility accompanied by the child with 24-hour supervision while
the child and the member of the child's family engage in family
strengthening activities and receive appropriate mental health
and addiction treatment support and services.
  (c) Supervised housing whereby a child and the child's family
remain together in program housing while they participate in
family strengthening activities, receive mental health and
addiction support and services and have the appropriate level of
supervision to ensure the physical health, care and safety of the
child.
  (d) Family-centered day and outpatient treatment services,
either after completion of residential treatment or in lieu of
residential treatment, designed specifically for
substance-abusing parents of children involved in the child
welfare system.
  (e) Intensive in-home services while the child and family
engage in family strengthening activities.
  (f) Facilitation of regular contact between a child and the
child's family, if separation has occurred, to facilitate an
easier, quicker and more successful transition of the child back
into the family home.
  (g) Case managers who provide child and family supervision,
assistance identifying and accessing needed services, observation
and monitoring of parenting behavior, assistance with life skills
development and assistance in removing barriers to system
independence.
  (h) Immediate access to supervised drug-free emergency and
short-term housing.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 44

  (i) Access to permanent, drug-free housing with on-site case
managers and access to supportive services that increase
stability for a child and the child's family.
  (j) Family finding services to identify extended family members
to provide additional support, resources and alternative
placement options if necessary.
  (k) Services of a court appointed special advocate appointed
under section 2, chapter 97, Oregon Laws 2012, where available.
  (L) Other services and interventions as programs evolve,
research develops and funding becomes available.
  (4) The services provided by programs must be culturally
competent and include evidence-informed or evidence-based
practices.
  (5) The department shall establish by rule client-focused
functional outcome measures for programs implemented under this
section.
  (6) Client-focused functional outcome measures may be used as a
basis for funding programs and entering into or renewing
contracts with programs.
  (7) Programs shall develop and implement training and
continuing education curricula for persons delivering program
services and, when adequate funding exists, sponsor the
attendance of service providers at state or national training
programs, conferences or other similar events.
  (8) Programs may seek funds from public and private sources to:
  (a) Meet match requirements for state or federal grants to
support the provision of program services;
  (b) Implement and operate the training and educational
requirements of subsection (7) of this section; and
  (c) Provide financial resources for the hiring of personnel and
the provision of existing or enhanced program services.
  (9) The department, in consultation with programs, shall report
annually to the Governor and the appropriate interim committees
of the Legislative Assembly that address child welfare issues on
the progress toward and projected costs of full implementation of
ORS 418.575 to 418.598.
   { +  NOTE: + } Removes defunct date in (1).
  SECTION 61. ORS 419B.100 is amended to read:
  419B.100. (1) Except as otherwise provided in subsection
  { - (6) - }  { +  (5) + } of this section and ORS 107.726, the
juvenile court has exclusive original jurisdiction in any case
involving a person who is under 18 years of age and:
  (a) Who is beyond the control of the person's parents, guardian
or other person having custody of the person;
  (b) Whose behavior is such as to endanger the welfare of the
person or of others;
  (c) Whose condition or circumstances are such as to endanger
the welfare of the person or of others;
  (d) Who is dependent for care and support on a public or
private child-caring agency that needs the services of the court
in planning for the best interest of the person;
  (e) Whose parents or any other person or persons having custody
of the person have:
  (A) Abandoned the person;
  (B) Failed to provide the person with the care or education
required by law;
  (C) Subjected the person to cruelty, depravity or unexplained
physical injury; or

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 45

  (D) Failed to provide the person with the care, guidance and
protection necessary for the physical, mental or emotional
well-being of the person;
  (f) Who has run away from the home of the person;
  (g) Who has filed a petition for emancipation pursuant to ORS
419B.550 to 419B.558; or
  (h) Who is subject to an order entered under ORS 419C.411
(7)(a).
  (2) The court shall have jurisdiction under subsection (1) of
this section even though the child is receiving adequate care
from the person having physical custody of the child.
  (3) The provisions of subsection (1) of this section do not
prevent a court of competent jurisdiction from entertaining a
civil action or suit involving a child.
  (4) The court does not have further jurisdiction as provided in
subsection (1) of this section after a minor has been emancipated
pursuant to ORS 419B.550 to 419B.558.
  (5)(a) An Indian tribe has exclusive jurisdiction over any
child custody proceeding involving an Indian child who resides or
is domiciled within the reservation of the tribe, except where
the jurisdiction is otherwise vested in the state by existing
federal law.
  (b) Upon the petition of either parent, the Indian custodian or
the Indian child's tribe, the juvenile court, absent good cause
to the contrary and absent objection by either parent, shall
transfer a proceeding for the foster care placement of, or
termination of parental rights to, an Indian child not domiciled
or residing within the reservation of the Indian child's tribe,
to the jurisdiction of the tribe.
  (c) The juvenile court shall give full faith and credit to the
public acts, records and judicial proceedings of an Indian tribe
applicable to an Indian child custody proceeding to the same
extent that the juvenile court gives full faith and credit to the
public acts, records and judicial proceedings of any other
entity.
   { +  NOTE: + } Corrects subsection reference in (1) (see
section 5, chapter 291, Oregon Laws 2011).
  SECTION 62. ORS 427.293 is amended to read:
  427.293. (1) In any proceeding conducted under ORS 427.235 to
427.290, the court may not disclose any part of the record,
including any report submitted to the court under ORS 427.270 to
any person except:
  (a) The court shall, pursuant to rules adopted by the
Department of State Police, transmit the minimum information
necessary, as defined in ORS 181.740, to the Department of State
Police for persons described in ORS 181.740 (1)(c) to enable the
department to maintain the information and transmit the
information to the federal government as required under federal
law;
  (b) On request of the person subject to the proceeding;
  (c) On request of the person's legal representative or the
attorney for the person or the state; or
  (d) Pursuant to court order.
  (2) In any proceeding described in subsection (1) of this
section that is before the Supreme Court or the Court of Appeals,
the limitations on disclosure imposed by this section apply to
the appellate court record and to the trial court record while it
is in the appellate court's custody. The appellate court may
disclose information from the trial or appellate court record in
a decision, as defined in ORS 19.450, provided that the court

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 46

uses initials, an alias or some other convention for protecting
against public disclosure the identity of the person   { - who is
alleged to have mental retardation - }  { +  alleged to have an
intellectual disability and to be in need of commitment for
residential care, treatment and training + }.
   { +  NOTE: + } Updates terminology and refines context in (2)
(see chapter 658, Oregon Laws 2011).
  SECTION 63. ORS 431.864 is amended to read:
  431.864. (1) Physicians, nurse midwives and other licensed
health care professionals who provide prenatal and postnatal care
to patients may provide to each patient, and family members of
the patient, if appropriate, the informational materials
published by the  { + Oregon Health + } Authority under ORS
431.862 or other maternal mental health education materials that
are approved by the authority.
  (2) Hospitals and other health care facilities that provide
maternity care may give postnatal and post-pregnancy loss
patients, and family members of the patients, if appropriate,
prior to the discharge of the patient, the informational
materials published by the authority under ORS 431.862 or other
maternal mental health education materials that are approved by
the authority.
   { +  NOTE: + } Provides full agency title on first reference
in (1).
  SECTION 64. ORS 433.815 is amended to read:
  433.815. (1) Educational training on the treatment of allergic
responses, as required by ORS 433.800 to 433.830, shall be
conducted under the supervision of a physician licensed under ORS
chapter 677 or a nurse practitioner licensed under ORS chapter
678 to practice in this state. The training may be conducted by a
health care professional licensed under ORS chapter 678 as
delegated by a supervising professional or by an emergency
medical
  { - technician - }  { +  services provider + } meeting the
requirements established by the Oregon Health Authority by rule.
The curricula shall include, at a minimum, the following
subjects:
  (a) Recognition of the symptoms of systemic allergic responses
to insect stings and other allergens;
  (b) Familiarity with common factors that are likely to elicit
systemic allergic responses;
  (c) Proper administration of an intramuscular or subcutaneous
injection of epinephrine for severe allergic responses to insect
stings and other specific allergens; and
  (d) Necessary follow-up treatment.
  (2) Educational training on the treatment of hypoglycemia, as
required by ORS 433.800 to 433.830, shall be conducted under the
supervision of a physician licensed under ORS chapter 677 or a
nurse practitioner licensed under ORS chapter 678 to practice in
this state. The training may be conducted by a health care
professional licensed under ORS chapter 678 as delegated by a
supervising professional. The curricula shall include, at a
minimum, the following subjects:
  (a) Recognition of the symptoms of hypoglycemia;
  (b) Familiarity with common factors that may induce
hypoglycemia;
  (c) Proper administration of a subcutaneous injection of
glucagon for severe hypoglycemia when other treatment has failed
or cannot be initiated; and
  (d) Necessary follow-up treatment.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 47

   { +  NOTE: + } Updates occupational title in (1) (see chapter
703, Oregon Laws 2011).
  SECTION 65. ORS 442.342 is amended to read:
  442.342. (1) Notwithstanding any other provision of law, a
hospital licensed under ORS 441.025, in accordance with rules
adopted by the Oregon Health Authority, may apply for waiver from
the provisions of ORS 442.325   { - and section 9, chapter 1034,
Oregon Laws 1989 - } , and the authority shall grant
 { - such - }   { + the + } waiver if, for the most recently
completed hospital fiscal year preceding the date of application
for waiver and each succeeding fiscal year thereafter, the
percentage of qualified inpatient revenue is not less than that
described in subsection (2) of this section.
  (2)(a) The percentage of qualified inpatient revenue for the
first year in which a hospital is granted a waiver under
subsection (1) of this section   { - shall - }  { +  may + } not
be less than 60 percent.
  (b) The percentage in paragraph (a) of this subsection shall be
increased by five percentage points in each succeeding hospital
fiscal year until the percentage of qualified inpatient revenue
equals or exceeds 75 percent.
  (3) As used in this section:
  (a) 'Qualified inpatient revenue' means revenue earned from
public and private payers for inpatient hospital services
approved by the authority pursuant to rules, including:
  (A) Revenue earned pursuant to Title XVIII, United States
Social Security Act, when such revenue is based on diagnostic
related group prices   { - which - }  { +  that + } include
capital-related expenses or other risk-based payment programs as
approved by the authority;
  (B) Revenue earned pursuant to Title XIX, United States Social
Security Act, when such revenue is based on diagnostic related
group prices   { - which - }  { +  that + } include
capital-related expenses;
  (C) Revenue earned under negotiated arrangements with public or
private payers based on all-inclusive per diem rates for one or
more hospital service categories;
  (D) Revenue earned under negotiated arrangements with public or
private payers based on all-inclusive per discharge or per
admission rates related to diagnostic related groups or other
service or intensity-related measures;
  (E) Revenue earned under arrangements with one or more health
maintenance organizations; or
  (F) Other prospectively determined forms of inpatient hospital
reimbursement approved in advance by the authority in accordance
with rules.
  (b) 'Percentage of qualified inpatient revenue' means qualified
inpatient revenue divided by total gross inpatient revenue as
defined by administrative rule of the authority.
  (4)(a) The authority shall hold a hearing to determine the
cause if any hospital granted a waiver pursuant to subsection (1)
of this section fails to reach the applicable percentage of
qualified inpatient revenue in any subsequent fiscal year of the
hospital.
  (b) If the authority finds that the failure was without just
cause and that the hospital has undertaken projects that, except
for the provisions of this section { + , + } would have been
subject to ORS 442.325   { - or section 9, chapter 1034, Oregon
Laws 1989 - } , the authority shall impose one of the penalties
outlined in paragraph (c) of this subsection.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 48

  (c)(A) A one-time civil penalty of not less than $25,000 or
more than $250,000; or
  (B) An annual civil penalty equal to an amount not to exceed
110 percent of the net profit derived from such project or
projects for a period not to exceed five years.
  (5) Nothing in this section shall be construed to permit a
hospital to develop a new inpatient hospital facility or provide
new services authorized by facilities defined as 'long term care
facility' under ORS 442.015 under a waiver granted pursuant to
subsection (1) of this section.
   { +  NOTE: + } Eliminates references to repealed law in (1)
and (4)(b); updates syntax in (1), (2)(a) and (3)(a)(A) and (B);
corrects punctuation in (4)(b).
  SECTION 66. ORS 443.065 is amended to read:
  443.065. The home health agency shall:
  (1) Be primarily engaged in providing skilled nursing services
and at least one other service delineated in ORS 443.075
  { - (2) and (3) - }  { +  (1)(b) and (c) + };
  (2) Have policies established by professional personnel
associated with the agency or organization, including one or more
physicians and one or more registered nurses, at least two of
whom are neither owners nor employees of the agency, and two
consumers, to govern the services that it provides;
  (3) Require supervision of services that it provides under
subsection (1) of this section by a physician, nurse practitioner
or registered nurse, preferably a public health nurse;
  (4) Maintain clinical, financial and professional records on
all patients; and
  (5) Have an overall plan and budget in effect.
   { +  NOTE: + } Corrects citation in (1) (see section 70,
chapter 792, Oregon Laws 2009).
  SECTION 67. ORS 460.330 is amended to read:
  460.330. (1) An application for an operating permit to operate
an amusement ride or device shall be made on an annual basis by
the person owning the ride or device or the person's agent or
lessee. The application shall be on forms provided by the
Department of Consumer and Business Services.
  (2) An application for an annual operating permit shall include
an inspection report by an amusement ride inspector employed or
otherwise authorized to inspect by the insurance carrier insuring
the ride or device. The inspector shall indorse upon the
application any restrictions and conditions that, in the
inspector's judgment, should be imposed upon the operation of the
amusement ride or device to protect human life and property. In
addition, the inspector shall indicate whether the amusement ride
or device:
  (a) Meets the underwriter's standards;
  (b) Meets safety standards approved by   { - the American
Society of Testing Materials - }  { +  ASTM International + };
and
  (c) Is assembled and operated in compliance with the manual
supplied by the manufacturer of the ride or device.
  (3) The inspection shall be performed no more than 90 days
prior to the issuance or renewal date of the permit. The
department may issue a temporary renewal permit without the
required inspection report, allowing continued operation of a
previously inspected ride or device if it appears to the
department that the owner or operator has attempted to obtain an
inspection, but inspection services are temporarily unavailable.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 49

  (4) An application shall include the name of the insurance
carrier and the number of the insurance policy insuring the ride
or device as required by ORS 460.320 (1)(b).
  (5) The department shall disapprove and reject an application
for a permit if it determines that the:
  (a) Owner or lessee of the amusement ride or device is not
insured as required by ORS 460.320 (1)(b);
  (b) Operation does not meet safety standards as guided by the
safety standards approved by   { - the American Society of
Testing Materials - }  { +  ASTM International + };
  (c) Amusement ride or device is not assembled and operated in
compliance with the manual supplied by the manufacturer; or
  (d) Operation may endanger human life or property.
  (6) Upon approval of an application and payment of fees as
prescribed by rule, the department shall issue a permit
authorizing operation of the amusement ride or device.
   { +  NOTE: + } Updates title of organization in (2)(b) and
(5)(b).
  SECTION 68. ORS 460.355 is amended to read:
  460.355. (1) In adopting rules pursuant to ORS 460.360 (1),
applicable to equipment mentioned in ORS 460.310 (2)(b), the
Department of Consumer and Business Services shall be guided by
the safety standards approved by   { - the American Society of
Testing Materials - }  { +  ASTM International + }.
  (2) The owner or operator shall be deemed not a common carrier;
however, such owner or operator shall exercise the highest degree
of care for the safety of users.
  (3) If the department finds that the United States Forest
Service or other agency of government has jurisdiction over and
regulates and provides inspection of the equipment mentioned in
ORS 460.310 (2)(b) pursuant to promulgated safety standards not
lower than provided by ORS 460.310 to 460.370, it shall by its
rules exempt operators from the requirements of ORS 460.310 to
460.370.
  (4) The department shall adopt rules to:
  (a) Govern the issuance, renewal, suspension and revocation of
permits and certificates of competency issued under ORS 460.310
to 460.370.
  (b) Govern the internal organization and procedure of the
department for administering and enforcing ORS 460.310 to
460.370.
  (c) Govern reports by the department's staff of amusement ride
inspectors on amusement rides or devices inspected by them.
  (d) Set permit fees sufficient to pay but not to exceed the
department's costs of carrying out the amusement ride program.
  (5) In adopting rules under this section, the department shall
consider:
  (a) Technological advances in the amusement ride industry.
  (b) The practicability of following the standards under
consideration, if adopted.
  (c) The probability, extent and gravity of the injury to the
public or property   { - which - }  { +  that + } would result
from failure to follow the standards under consideration.
  (d) Safety standards followed, proposed or approved by
responsible members of the amusement ride industry and by
 { - the American Society of Testing Materials - }  { +  ASTM
International + }.
   { +  NOTE: + } Updates title of organization in (1) and
(5)(d); updates syntax in (5)(c).
  SECTION 69. ORS 461.010 is amended to read:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 50

  461.010. Unless the context requires otherwise, the definitions
contained in this chapter shall govern the construction of this
chapter.
    { - (1) 'Lottery' or 'state lottery' means the Oregon State
Lottery established and operated pursuant to the Constitution of
the State of Oregon and this chapter. - }
    { - (2) - }  { +  (1) + } 'Commissioner' means one of the
members of the lottery commission appointed by the Governor
pursuant to the Constitution of the State of Oregon and this
chapter to oversee the state lottery.
    { - (3) - }  { +  (2) + } 'Director' means the Director of
the Oregon State Lottery appointed by the Governor pursuant to
the Constitution of the State of Oregon and this chapter as the
chief administrator of the Oregon State Lottery.
   { +  (3) 'Lottery' or 'state lottery' means the Oregon State
Lottery established and operated pursuant to the Constitution of
the State of Oregon and this chapter. + }
  (4) 'Lottery commission' or 'commission' means the five-member
body appointed by the Governor pursuant to the Constitution of
the State of Oregon and this chapter to oversee the lottery and
the director.
   { +  (5) 'Lottery contractor' means a person with whom the
state lottery has contracted for the purpose of providing goods
and services for the state lottery. + }
    { - (5) - }  { +  (6) + } 'Lottery game' or 'game' means any
procedure authorized by the commission whereby prizes are
distributed among persons who have paid, or unconditionally
agreed to pay, for tickets or shares   { - which - }  { +
that + } provide the opportunity to win such prizes.
    { - (6) 'Person' means any natural person or corporation,
trust, association, partnership, joint venture, subsidiary or
other business entity. - }
  (7) 'Lottery game retailer' means a person with whom the
lottery commission has contracted for the purpose of selling
tickets or shares in lottery games to the public.
  (8) 'Lottery vendor' or 'vendor' means any person who submits a
bid, proposal or offer to provide goods or services to the
commission or lottery.
    { - (9) 'Lottery contractor' means a person with whom the
state lottery has contracted for the purpose of providing goods
and services for the state lottery. - }
   { +  (9) 'Person' means any natural person or corporation,
trust, association, partnership, joint venture, subsidiary or
other business entity. + }
   { +  NOTE: + } Alphabetizes definitions; updates syntax in
(6).
  SECTION 70. ORS 468.581 is amended to read:
  468.581. As used in ORS 468.581 to 468.587   { - and section 5,
chapter 808, Oregon Laws 2009 - } :
  (1) 'Adaptive management mechanisms' means the processes of
implementing programs in a scientifically based, systematically
structured approach that tests and monitors assumptions and
predictions in management activities and then uses the resulting
information to improve programs and management activities.
  (2) 'Ecological values' means clean air, clean and abundant
water, fish and wildlife habitat and other values that are
generally considered public goods.
  (3) 'Ecosystem services' means the benefits that human
communities enjoy as a result of natural processes and biological
diversity.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 51

  (4) 'Ecosystem services market' means a system in which
providers of ecosystem services can access financing to protect,
restore and maintain ecological values, including the full
spectrum of regulatory, quasi-regulatory and voluntary markets.
  (5) 'Payment for ecosystem services' means arrangements through
which the beneficiaries of ecosystem services pay back the
providers of ecosystem services.
   { +  NOTE: + } Deletes reference to repealed law (see section
6, chapter 808, Oregon Laws 2009).
  SECTION 71. ORS 469.805 is amended to read:
  469.805. (1) The Governor, subject to Senate confirmation
pursuant to section 4, Article III of the Oregon Constitution,
shall appoint two persons to serve as members of the Pacific
Northwest Electric Power and Conservation Planning Council for
terms of three years.
  (2) In making the appointments under subsection (1) of this
section, the Governor shall consider but is not limited to:
  (a) Prior experience, training and education as related to the
duties and functions of the council and the priorities contained
in section 4 of Public Law 96-501.
  (b) General knowledge of the concerns, conditions and problems
of the physical, social and economic environment of the State of
Oregon.
  (c) The need for diversity of experience and education related
to the functions and duties of the council and priorities of
Public Law 96-501.
  (3) Of the persons appointed under subsection (1) of this
section, not more than one member of the Oregon delegation to the
council shall reside within the boundary of an area that includes
the First and Third Congressional Districts   { - as described in
ORS 188.135 - }  { +  of this state + } and the Portland, Oregon,
Metropolitan Statistical Area.
   { +  NOTE: + } Deletes reference to obsolete statute in (3).
  SECTION 72.  { + Notwithstanding any other provision of law,
ORS 469B.100 to 469B.118, 469B.130 to 469B.169, 469B.171,
469B.250 to 469B.265, 469B.270 to 469B.306, 469B.320 to 469B.347,
469B.400, 469B.403 and 469B.991 shall not be considered to have
been added to or made a part of ORS chapter 469 for the purpose
of statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that chapter. + }
   { +  NOTE: + } Removes statutes from inappropriate ORS
chapter.
  SECTION 73. ORS 471.580 is amended to read:
  471.580. (1) As used in this section:
  (a) 'Alcohol equivalence' means the amount of ethanol that
would be expected to be present in a beverage based on the
standard drink measurement used by the Centers for Disease
Control and Prevention.
  (b) 'Education provider' means:
  (A) A community college, as defined in ORS 341.005, offering a
food or beverage career program approved by the State Board of
Education;
  (B) A career school, as defined in ORS 345.010, offering a food
or beverage career program approved by the Oregon Student
Assistance Commission or the State Board of Education;
  (C)   { - An institution of higher education - }  { +  A public
university + } listed in ORS 352.002 offering a food or beverage
career program approved by the State Board of Higher Education;
or

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 52

  (D) A private and independent institution of higher education,
as defined in ORS 352.720, offering a food or beverage career
program that qualifies for payment under ORS 352.740.
  (c) 'Food or beverage career program' means a course of study
designed to qualify a person for a career in the food service
industry or alcoholic beverage industry, including but not
limited to a course of study in culinary arts, viticulture,
winemaking, enology, brewing or restaurant management.
  (2) The charging or payment of tuition or a special fee for
enrollment in a class that is part of a food or beverage career
program or in a workshop or seminar concerning matters related to
food or beverage industry workforce training, offered by an
education provider, that includes the consumption of alcoholic
beverages for educational purposes, is not a sale or purchase of,
or other exchange of consideration for, alcoholic beverages.
  (3) Notwithstanding ORS 471.130, 471.406, 471.410 and 471.475,
an education provider may serve alcoholic beverages to a person
who is 18, 19 or 20 years of age and may allow the person to
possess and consume alcoholic beverages on a licensed or
unlicensed premises that the education provider uses for
educational purposes if:
  (a) The person is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The alcoholic beverages are served to, and possessed and
consumed by, the person for educational purposes as part of the
class curriculum or a workshop or seminar concerning food or
beverage workforce training;
  (c) The service, possession and consumption of the alcoholic
beverages are supervised by a faculty or staff member of the
education provider who is 21 years of age or older;
  (d) The person does not purchase the alcoholic beverages; and
  (e) The amount served to the person for consumption purposes
during any two-hour class, workshop or seminar period does not
exceed two ounces of alcohol equivalence.
  (4) Notwithstanding ORS 471.130 or 471.410, a person may serve
alcoholic beverages to another person who is 18, 19 or 20 years
of age on premises that an education provider uses for
educational purposes if:
  (a) The person served is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The alcoholic beverages are served to, and consumed by, the
person for educational purposes as part of the class curriculum
or, with the approval of the education provider, as part of a
workshop or seminar concerning food or beverage workforce
training;
  (c) The service and consumption of the alcoholic beverages are
supervised by a faculty or staff member of the education provider
who is 21 years of age or older;
  (d) The person served does not purchase the alcoholic
beverages; and
  (e) The amount served to the person for consumption purposes
during any two-hour class period does not exceed two ounces of
alcohol equivalence.
  (5) Notwithstanding ORS 471.130 or 471.410 or the prohibitions
in ORS 471.430, a person who is 18, 19 or 20 years of age may
possess and consume alcoholic beverages on a licensed or
unlicensed premises that an education provider uses for
educational purposes if:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 53

  (a) The person is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The person possesses and consumes the alcoholic beverages
for educational purposes as part of the class curriculum or, with
the approval of the education provider, as part of a workshop or
seminar concerning food or beverage workforce training;
  (c) The person possesses and consumes the alcoholic beverages
under the supervision of a faculty or staff member of the
education provider who is 21 years of age or older;
  (d) The person does not purchase the alcoholic beverages; and
  (e) The amount consumed by the person during any two-hour
class, workshop or seminar period does not exceed two ounces of
alcohol equivalence.
  (6) Notwithstanding ORS 471.410, a person who exercises control
over private real property may allow a person who is 18, 19 or 20
years of age to remain on the property after the person who is
18, 19 or 20 years of age consumes an alcoholic beverage on the
property in accordance with this section.
  (7) Subsections (3) to (5) of this section do not affect the
ability of an education provider, a licensee or a permittee to
make alcoholic beverages available to a person 21 years of age or
older in accordance with this chapter or the ability of a person
21 years of age or older to possess or consume alcoholic
beverages in accordance with this chapter.
   { +  NOTE: + } Standardizes terminology in (1)(b)(C) (see
chapter 637, Oregon Laws 2011).
  SECTION 74. ORS 471.580, as amended by section 44, chapter 104,
Oregon Laws 2012, is amended to read:
  471.580. (1) As used in this section:
  (a) 'Alcohol equivalence' means the amount of ethanol that
would be expected to be present in a beverage based on the
standard drink measurement used by the Centers for Disease
Control and Prevention.
  (b) 'Education provider' means:
  (A) A community college, as defined in ORS 341.005, offering a
food or beverage career program approved by the State Board of
Education;
  (B) A career school, as defined in ORS 345.010, offering a food
or beverage career program approved by the Oregon Student
Assistance Commission or the Higher Education Coordinating
Commission;
  (C)   { - An institution of higher education - }  { +  A public
university + } listed in ORS 352.002 offering a food or beverage
career program approved by the State Board of Higher Education;
or
  (D) A private and independent institution of higher education,
as defined in ORS 352.720, offering a food or beverage career
program that qualifies for payment under ORS 352.740.
  (c) 'Food or beverage career program' means a course of study
designed to qualify a person for a career in the food service
industry or alcoholic beverage industry, including but not
limited to a course of study in culinary arts, viticulture,
winemaking, enology, brewing or restaurant management.
  (2) The charging or payment of tuition or a special fee for
enrollment in a class that is part of a food or beverage career
program or in a workshop or seminar concerning matters related to
food or beverage industry workforce training, offered by an
education provider, that includes the consumption of alcoholic

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 54

beverages for educational purposes, is not a sale or purchase of,
or other exchange of consideration for, alcoholic beverages.
  (3) Notwithstanding ORS 471.130, 471.406, 471.410 and 471.475,
an education provider may serve alcoholic beverages to a person
who is 18, 19 or 20 years of age and may allow the person to
possess and consume alcoholic beverages on a licensed or
unlicensed premises that the education provider uses for
educational purposes if:
  (a) The person is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The alcoholic beverages are served to, and possessed and
consumed by, the person for educational purposes as part of the
class curriculum or a workshop or seminar concerning food or
beverage workforce training;
  (c) The service, possession and consumption of the alcoholic
beverages are supervised by a faculty or staff member of the
education provider who is 21 years of age or older;
  (d) The person does not purchase the alcoholic beverages; and
  (e) The amount served to the person for consumption purposes
during any two-hour class, workshop or seminar period does not
exceed two ounces of alcohol equivalence.
  (4) Notwithstanding ORS 471.130 or 471.410, a person may serve
alcoholic beverages to another person who is 18, 19 or 20 years
of age on premises that an education provider uses for
educational purposes if:
  (a) The person served is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The alcoholic beverages are served to, and consumed by, the
person for educational purposes as part of the class curriculum
or, with the approval of the education provider, as part of a
workshop or seminar concerning food or beverage workforce
training;
  (c) The service and consumption of the alcoholic beverages are
supervised by a faculty or staff member of the education provider
who is 21 years of age or older;
  (d) The person served does not purchase the alcoholic
beverages; and
  (e) The amount served to the person for consumption purposes
during any two-hour class period does not exceed two ounces of
alcohol equivalence.
  (5) Notwithstanding ORS 471.130 or 471.410 or the prohibitions
in ORS 471.430, a person who is 18, 19 or 20 years of age may
possess and consume alcoholic beverages on a licensed or
unlicensed premises that an education provider uses for
educational purposes if:
  (a) The person is enrolled as a student in a required or
elective class that is part of a food or beverage career program
offered by the education provider;
  (b) The person possesses and consumes the alcoholic beverages
for educational purposes as part of the class curriculum or, with
the approval of the education provider, as part of a workshop or
seminar concerning food or beverage workforce training;
  (c) The person possesses and consumes the alcoholic beverages
under the supervision of a faculty or staff member of the
education provider who is 21 years of age or older;
  (d) The person does not purchase the alcoholic beverages; and

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 55

  (e) The amount consumed by the person during any two-hour
class, workshop or seminar period does not exceed two ounces of
alcohol equivalence.
  (6) Notwithstanding ORS 471.410, a person who exercises control
over private real property may allow a person who is 18, 19 or 20
years of age to remain on the property after the person who is
18, 19 or 20 years of age consumes an alcoholic beverage on the
property in accordance with this section.
  (7) Subsections (3) to (5) of this section do not affect the
ability of an education provider, a licensee or a permittee to
make alcoholic beverages available to a person 21 years of age or
older in accordance with this chapter or the ability of a person
21 years of age or older to possess or consume alcoholic
beverages in accordance with this chapter.
   { +  NOTE: + } Standardizes terminology in (1)(b)(C) (see
chapter 637, Oregon Laws 2011).
  SECTION 75. ORS 496.090 is amended to read:
  496.090. (1) There is established a State Fish and Wildlife
Commission that shall consist of seven members appointed by the
Governor.
  (2) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a
successor. A member is eligible for reappointment. If there is a
vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
  (3) All appointments of members of the commission by the
Governor are subject to confirmation by the Senate pursuant to
section 4, Article III, Oregon Constitution.
  (4) One member of the commission shall be appointed from each
of the congressional districts   { - referred to in ORS
188.135 - }  { +  of this state + }, one member from that portion
of the state lying west of the Cascade Mountains and one member
from that portion of the state lying east of the Cascade
Mountains.
  (5) Members appointed to the commission shall be residents of
this state, as defined in ORS 497.002.
  (6) All members of the commission shall represent the public
interest of the state and make decisions affecting the wildlife
resources of the state for the benefit of those resources.
Consistent with the requirements of this subsection, the
commission shall provide for the productive and sustainable
utilization of wildlife resources for all groups of users.
  (7) All members of the commission shall have a general
knowledge of fish and wildlife issues and an understanding of the
operation and functions of public policy boards and commissions.
In making appointments to the commission, the Governor shall
consider appointing members who possess natural resource
backgrounds such as backgrounds in commercial fishing,
recreational fishing, hunting, agriculture, forestry and
conservation.
  (8) Failure of a member to maintain compliance with the
eligibility requirements of subsections (4) and (5) of this
section shall vacate membership. Members of the commission may
otherwise be removed only by the Governor.
  (9) A member of the commission is entitled to compensation and
expenses as provided in ORS 292.495.
   { +  NOTE: + } Deletes reference to obsolete statute in (4).
  SECTION 76. ORS 536.220 is amended to read:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 56

  536.220. (1) The Legislative Assembly recognizes and declares
that:
  (a) The maintenance of the present level of the economic and
general welfare of the people of this state and the future growth
and development of this state for the increased economic and
general welfare of the people thereof are in large part dependent
upon a proper utilization and control of the water resources of
this state, and such use and control is therefore a matter of
greatest concern and highest priority.
  (b) A proper utilization and control of the water resources of
this state can be achieved only through a coordinated, integrated
state water resources policy, through plans and programs for the
development of such water resources and through other activities
designed to encourage, promote and secure the maximum beneficial
use and control of such water resources, all carried out by a
single state agency.
  (c) The economic and general welfare of the people of this
state have been seriously impaired and are in danger of further
impairment by the exercise of some single-purpose power or
influence over the water resources of this state or portions
thereof by each of a large number of public authorities, and by
an equally large number of legislative declarations by statute of
single-purpose policies with regard to such water resources,
resulting in friction and duplication of activity among such
public authorities, in confusion as to what is primary and what
is secondary beneficial use or control of such water resources
and in a consequent failure to utilize and control such water
resources for multiple purposes for the maximum beneficial use
and control possible and necessary.
  (2) The Legislative Assembly, therefore, finds that:
  (a) It is in the interest of the public welfare that a
coordinated, integrated state water resources policy be
formulated and means provided for its enforcement, that plans and
programs for the development and enlargement of the water
resources of this state be devised and promoted and that other
activities designed to encourage, promote and secure the maximum
beneficial use and control of such water resources and the
development of additional water supplies be carried out by a
single state agency   { - which - }  { +  that + }, in carrying
out its functions, shall give proper and adequate consideration
to the multiple aspects of the beneficial use and control of such
water resources with an impartiality of interest except that
designed to best protect and promote the public welfare
generally.
  (b) The state water resources policy shall be consistent with
the goal set forth in ORS 468B.155.
  (3)(a) The Water Resources Department shall develop an
integrated state water resources strategy to implement the state
water resources policy specified in subsection (2) of this
section. The department shall design the strategy to meet
Oregon's in-stream and out-of-stream water needs.
  (b) The Water Resources Department shall work in close
cooperation with the Department of Environmental Quality and the
State Department of Fish and Wildlife to develop the integrated
state water resources strategy in consultation with other state,
local and federal agencies, with other states, with Indian
tribes, with stakeholders and with the public.
  (c) The Water Resources Department, in close cooperation with
the Department of Environmental Quality and the State Department
of Fish and Wildlife, shall develop data on an ongoing basis to

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 57

forecast Oregon's in-stream and out-of-stream water needs,
including but not limited to in-stream, underground water, human
consumption and water supply needs, for the purpose of developing
and updating the integrated state water resources strategy.
  (d) The integrated  { + state + } water resources strategy
shall describe the following:
  (A) Oregon's in-stream and out-of-stream water needs, including
but not limited to ecosystem services, water quality and water
supply needs.
  (B) Objectives of the strategy.
  (C) Actions that are designed to achieve the objectives of the
strategy.
  (D) Plans related to the challenges presented by climate
change.
  (E) Provisions to ensure communication and partnership with key
stakeholders.
  (F) Specific functions and roles to be played by state
agencies, including but not limited to the State Department of
Agriculture, the State Forestry Department, the Department of
Human Services, the Oregon Business Development Department, the
Department of Land Conservation and Development, the Oregon
Watershed Enhancement Board, the State Parks and Recreation
Department, the Department of State Lands and other relevant
state agencies.
  (G) Public policy options and recommendations.
  (H) Relevant strategy factors, including but not limited to
population growth and land use change.
  (I) Recommendations of the Water Resources Department regarding
the continuous monitoring of climate change effects on Oregon's
water supply and regarding water user actions that are necessary
to address climate change.
  (e)(A) The Water Resources Commission shall give the
Environmental Quality Commission, the State Department of
Agriculture and the State Department of Fish and Wildlife notice
of the integrated state water resources strategy prior to
adoption of the strategy. The strategy shall take effect upon
adoption by the Water Resources Commission.
  (B) The Water Resources Commission shall review and update the
integrated state water resources strategy every five years.  The
Water Resources Commission shall give notice to the Environmental
Quality Commission, the State Department of Agriculture and the
State Department of Fish and Wildlife prior to adopting any
revisions of the strategy. Revisions of the strategy shall take
effect upon the Water Resources Commission's adoption of the
revised strategy by reference in rule.
  (4) This section does not limit the authority granted the
Environmental Quality Commission or the Department of
Environmental Quality under ORS chapter 468B.
   { +  NOTE: + } Updates syntax in (2)(a); standardizes
terminology in (3)(d).
  SECTION 77. ORS 539.040 is amended to read:
  539.040. (1) As soon as practicable after the examination and
measurements are completed, as described in ORS 539.120, the
Water Resources Director shall prepare a notice setting forth a
place and time certain when the director or the authorized
assistant of the director shall begin taking testimony as to the
rights of the various claimants to the use of the waters of the
stream or its tributaries. The notice shall be published in two
issues of one or more newspapers having general circulation in
the counties in which the stream is situated, the last

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 58

publication of the notice to be at least 30 days prior to the
beginning of taking testimony by the director or the authorized
assistant of the director.
  (2) The director shall also send by registered mail or by
certified mail with return receipt to each claimant or owner who
filed with the director a registration statement as provided in
ORS 539.240 and to the Attorney General of the United States or
the designated representative of the Attorney General of the
United States, on behalf of the United States and its agencies
and as trustee for the Indian tribes, a notice similar to that
provided in subsection (1) of this section setting forth the date
when the director or the authorized assistant of the director
will take testimony as to the rights to the use of the water of
the stream. The notice must be mailed at least 30 days prior to
the date set therein for taking testimony.
  (3)(a) For purposes of the Klamath Basin adjudication, the
Water Resources Department will provide notice, substantially
like that specified in subsection (2) of this section, to
claimants or owners who desire to claim a water right under this
chapter, or to contest the claims of others, and have so notified
the director.  The notice shall be accompanied by a blank form on
which the claimant or owner shall present in writing all of the
particulars necessary for determination of the right of the
claimant or owner to contest the claims of others or to the use
of the waters of a stream to which the claimant or owner lays
claim. That form shall require substantially the same information
required in a registration statement, as provided in ORS 539.240
(2), except that the map need not be prepared by a certified
water   { - rights - }  { +  right + } examiner, as required by
ORS 539.240 (2)(d).
  (b) In the already adjudicated areas of the Klamath Basin, the
notice provided to holders of permitted or certificated surface
water rights acquired under ORS chapter 537 will specify that
they may contest the statement and proof of claims of others made
under this chapter, but only in the unadjudicated areas of the
Klamath Basin.
   { +  NOTE: + } Standardizes terminology in (3)(a).
  SECTION 78. ORS 608.015 is amended to read:
  608.015. (1) As used in this section, 'open range' means an
area wherein livestock may lawfully be permitted to run at large.
  (2) A person who permits a horse, mule, ass, sheep, goat or
animal of the bovine species to trespass on land enclosed by an
adequate fence and situated on open range shall be liable to the
owner or lawful possessor of the enclosed land for damage done by
the animal. The person seeking to recover the damages shall plead
and prove that the fence of the person consisted of structures,
masonry, hedges, ditches, rails, poles, planks, rivers, streams,
ponds, lakes, wire fences, natural or artificial barriers of any
kind or any combination thereof. The adequacy of the fence shall
be determined by reference to the customs and practices of good
  { - husbandmen - }  { +  husbandry + } in the particular area
with reference to fences. The question of the existence of the
fence and the adequacy thereof are questions of fact.
  (3) Nothing contained in subsection (2) of this section is
intended to modify the provisions of ORS 608.310 to 608.400.
   { +  NOTE: + } Eliminates gender-specific term in (2).
  SECTION 79. ORS 646.605 is amended to read:
  646.605. As used in ORS 646.605 to 646.652:
  (1) 'Appropriate court' means the circuit court of a county:
  (a) Where one or more of the defendants reside;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 59

  (b) Where one or more of the defendants maintain a principal
place of business;
  (c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
  (d) With the defendant's consent, where the prosecuting
attorney maintains an office.
  (2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
  (3) 'Examination' of documentary material   { - shall
include - }  { +  includes + } inspection, study or copying of
any such material, and taking testimony under oath or
acknowledgment   { - in respect of any such - }  { +  regarding
any + } documentary material or copy thereof.
  (4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations and any
other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
  (5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.
  (6)(a) 'Real estate, goods or services' means those that are or
may be obtained primarily for personal, family or household
purposes, or that are or may be obtained for any purposes as a
result of a telephone solicitation, and includes loans and
extensions of credit, and franchises, distributorships and other
similar business opportunities, but does not include insurance.
  (b) Notwithstanding paragraph (a) of this subsection:
  (A) 'Real estate' does not cover conduct covered by ORS chapter
90   { - except as provided in section 2, chapter 658, Oregon
Laws 2003 - } .
  (B) 'Loans and extensions of credit' does not include
transactions involving a pawnbroker, as defined in ORS 726.010,
that is required to be licensed under ORS chapter 726.
  (7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
  (a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 86A.106 { + , + } when the solicitation is for
a security qualified for sale pursuant to ORS 59.055.
  (b) A real estate licensee or a person who is otherwise
authorized to engage in professional real estate activity
pursuant to ORS chapter 696, when the solicitation involves
professional real estate activity.
  (c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure.
  (d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance.
  (e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 60

  (f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser.
  (g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States.
  (h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans.
  (i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services.
  (j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon.
  (k) A person who sells farm products as defined by ORS 576.006
if the solicitation neither intends to nor actually results in a
sale that costs the purchaser in excess of $100.
  (L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section.
  (m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services.
  (n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
  (8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and include any trade or commerce
directly or indirectly affecting the people of this state.
  (9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
  (a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
  (b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit;
  (c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due; or
  (d) Knowingly takes advantage of a customer who is a disabled
veteran, a disabled servicemember or a servicemember in active
service, or the spouse of a disabled veteran, disabled
servicemember or servicemember in active service. For purposes of
this paragraph:
  (A) 'Disabled veteran' has the meaning given that term in ORS
408.225.
  (B) 'Disabled servicemember' means a servicemember, as defined
in 50 U.S.C. App. 511 as in effect on January 1, 2010, who may be

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 61

entitled to disability compensation under laws administered by
the United States Department of Veterans Affairs.
  (C) 'Servicemember in active service' means:
  (i) A servicemember called into active service under Title 10
or Title 32 of the United States Code as in effect on January 1,
2010; or
  (ii) A servicemember on active state duty, as defined in ORS
398.002.
  (10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
  (11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
  (a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
  (b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
  (c) The lender is related to the seller by blood or marriage;
  (d) The seller directly and materially assists the borrower in
obtaining the loan;
  (e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
  (f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
   { +  NOTE: + } Improves syntax and word choice in (3); deletes
reference to repealed law in (6)(b)(A); corrects punctuation in
(7)(a).
  SECTION 80. ORS 646.605, as amended by section 12, chapter 658,
Oregon Laws 2003, section 199, chapter 71, Oregon Laws 2007,
section 32, chapter 319, Oregon Laws 2007, section 2, chapter
215, Oregon Laws 2009, and section 2, chapter 94, Oregon Laws
2010, is amended to read:
  646.605. As used in ORS 646.605 to 646.652:
  (1) 'Appropriate court' means the circuit court of a county:
  (a) Where one or more of the defendants reside;
  (b) Where one or more of the defendants maintain a principal
place of business;
  (c) Where one or more of the defendants are alleged to have
committed an act prohibited by ORS 646.605 to 646.652; or
  (d) With the defendant's consent, where the prosecuting
attorney maintains an office.
  (2) 'Documentary material' means the original or a copy of any
book, record, report, memorandum, paper, communication,
tabulation, map, chart, photograph, mechanical transcription, or
other tangible document or recording, wherever situate.
  (3) 'Examination' of documentary material   { - shall
include - }  { +  includes + } inspection, study or copying of
any such material, and taking testimony under oath or
acknowledgment   { - in respect of any such - }  { +  regarding
any + } documentary material or copy thereof.
  (4) 'Person' means natural persons, corporations, trusts,
partnerships, incorporated or unincorporated associations and any
other legal entity except bodies or officers acting under
statutory authority of this state or the United States.
  (5) 'Prosecuting attorney' means the Attorney General or the
district attorney of any county in which a violation of ORS
646.605 to 646.652 is alleged to have occurred.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 62

  (6)(a) 'Real estate, goods or services' means those that are or
may be obtained primarily for personal, family or household
purposes, or that are or may be obtained for any purposes as a
result of a telephone solicitation, and includes loans and
extensions of credit, and franchises, distributorships and other
similar business opportunities, but does not include insurance.
  (b) Notwithstanding paragraph (a) of this subsection:
  (A) 'Real estate' does not cover conduct covered by ORS chapter
90.
  (B) 'Loans and extensions of credit' does not include
transactions involving a pawnbroker, as defined in ORS 726.010,
that is required to be licensed under ORS chapter 726.
  (7) 'Telephone solicitation' means a solicitation where a
person, in the course of the person's business, vocation or
occupation, uses a telephone or an automatic dialing-announcing
device to initiate telephonic contact with a potential customer
and the person is not one of the following:
  (a) A person who is a broker-dealer or salesperson licensed
under ORS 59.175, or a mortgage banker or mortgage broker
licensed under ORS 86A.106 { + , + } when the solicitation is for
a security qualified for sale pursuant to ORS 59.055.
  (b) A real estate licensee or a person who is otherwise
authorized to engage in professional real estate activity
pursuant to ORS chapter 696, when the solicitation involves
professional real estate activity.
  (c) A person licensed or exempt from licensure as a builder
pursuant to ORS chapter 701, when the solicitation involves the
construction, alteration, repair, improvement or demolition of a
structure.
  (d) A person licensed or otherwise authorized to sell insurance
as an insurance producer pursuant to ORS chapter 744, when the
solicitation involves insurance.
  (e) A person soliciting the sale of a newspaper of general
circulation, a magazine or membership in a book or record club
who complies with ORS 646.611, when the solicitation involves
newspapers, magazines or membership in a book or record club.
  (f) A person soliciting without the intent to complete and who
does not complete the sales presentation during the telephone
solicitation and who only completes the sales presentation at a
later face-to-face meeting between the solicitor and the
prospective purchaser.
  (g) A supervised financial institution or parent, subsidiary or
affiliate thereof. As used in this paragraph, 'supervised
financial institution' means any financial institution or trust
company, as those terms are defined in ORS 706.008, or any
personal property broker, consumer finance lender, commercial
finance lender or insurer that is subject to regulation by an
official or agency of this state or of the United States.
  (h) A person who is authorized to conduct prearrangement or
preconstruction funeral or cemetery sales, pursuant to ORS
chapter 692, when the solicitation involves prearrangement or
preconstruction funeral or cemetery plans.
  (i) A person who solicits the services provided by a cable
television system licensed or franchised pursuant to state, local
or federal law, when the solicitation involves cable television
services.
  (j) A person or affiliate of a person whose business is
regulated by the Public Utility Commission of Oregon.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 63

  (k) A person who sells farm products as defined by ORS 576.006
if the solicitation neither intends to nor actually results in a
sale that costs the purchaser in excess of $100.
  (L) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the Securities
Exchange Act of 1934 and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G) or (H)
or subsection (g) of that section.
  (m) A person soliciting exclusively the sale of telephone
answering services to be provided by that person or that person's
employer when the solicitation involves answering services.
  (n) A telecommunications utility with access lines of 15,000 or
less or a cooperative telephone association when the solicitation
involves regulated goods or services.
  (8) 'Trade' and 'commerce' mean advertising, offering or
distributing, whether by sale, rental or otherwise, any real
estate, goods or services, and include any trade or commerce
directly or indirectly affecting the people of this state.
  (9) 'Unconscionable tactics' include, but are not limited to,
actions by which a person:
  (a) Knowingly takes advantage of a customer's physical
infirmity, ignorance, illiteracy or inability to understand the
language of the agreement;
  (b) Knowingly permits a customer to enter into a transaction
from which the customer will derive no material benefit;
  (c) Permits a customer to enter into a transaction with
knowledge that there is no reasonable probability of payment of
the attendant financial obligation in full by the customer when
due; or
  (d) Knowingly takes advantage of a customer who is a disabled
veteran, a disabled servicemember or a servicemember in active
service, or the spouse of a disabled veteran, disabled
servicemember or servicemember in active service. For purposes of
this paragraph:
  (A) 'Disabled veteran' has the meaning given that term in ORS
408.225.
  (B) 'Disabled servicemember' means a servicemember, as defined
in 50 U.S.C. App. 511 as in effect on January 1, 2010, who may be
entitled to disability compensation under laws administered by
the United States Department of Veterans Affairs.
  (C) 'Servicemember in active service' means:
  (i) A servicemember called into active service under Title 10
or Title 32 of the United States Code as in effect on January 1,
2010; or
  (ii) A servicemember on active state duty, as defined in ORS
398.002.
  (10) A willful violation occurs when the person committing the
violation knew or should have known that the conduct of the
person was a violation.
  (11) A loan is made 'in close connection with the sale of a
manufactured dwelling' if:
  (a) The lender directly or indirectly controls, is controlled
by or is under common control with the seller, unless the
relationship is remote and is not a factor in the transaction;
  (b) The lender gives a commission, rebate or credit in any form
to a seller who refers the borrower to the lender, other than
payment of the proceeds of the loan jointly to the seller and the
borrower;
  (c) The lender is related to the seller by blood or marriage;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 64

  (d) The seller directly and materially assists the borrower in
obtaining the loan;
  (e) The seller prepares documents that are given to the lender
and used in connection with the loan; or
  (f) The lender supplies documents to the seller used by the
borrower in obtaining the loan.
   { +  NOTE: + } Improves syntax and word choice in (3);
corrects punctuation in (7)(a).
  SECTION 81.  { + Section 13, chapter 658, Oregon Laws 2003, as
amended by section 41, chapter 906, Oregon Laws 2007, and section
22, chapter 503, Oregon Laws 2011, is repealed. + }
   { +  NOTE: + } Repeals obsolete operative date for amendments
to ORS 646.605. See sections 79 and 80 (amending ORS 646.605).
  SECTION 82.  { + Notwithstanding any other provision of law,
ORS 646.736, 646.737, 646.738 and 646.739 shall not be considered
to have been added to or made a part of ORS chapter 62 for the
purpose of statutory compilation or for the application of
definitions, penalties or administrative provisions applicable to
statute sections in that chapter. + }
   { +  NOTE: + } Removes statutes from inappropriate ORS
chapter.
  SECTION 83. ORS 646.951 is amended to read:
  646.951. (1) The Director of Agriculture may test motor vehicle
fuel for the purpose of inspecting the motor vehicle fuel supply
of any service station, business or other establishment that
sells or offers for sale, or distributes, transports, hauls,
delivers or stores motor vehicle fuel that is subsequently sold
or offered for sale, for compliance with the motor vehicle fuel
quality standards adopted pursuant to ORS 646.957.
  (2) The director or the director's authorized agent shall have
access during normal business hours to all places where motor
vehicle fuel is sold to or by a retail dealer, nonretail dealer
or wholesale dealer for the purpose of examination, inspection
and investigation of the establishment's motor vehicle fuel
supply, shall collect or cause to be collected samples of the
motor vehicle fuel and shall test or analyze the samples for
compliance with motor vehicle fuel quality standards adopted
pursuant to ORS 646.957.
  (3) Before taking any enforcement action under ORS 646.953 or
646.963, the director shall cause motor vehicle fuel samples to
be tested in accordance with standards, reproducibility limits
and procedures that are, in the director's judgment, consistent
with
  { - American Society for Testing and Materials - }  { +  ASTM
International + } standards and procedures.
  (4) The director or the director's authorized agent shall
notify the owner or person in charge of the facility of the
sample collection as soon as is practicable after a sample is
taken. The volume of the sample taken for testing must be
adequate for the tests to be performed and to allow for a portion
of the sample to be retained for subsequent testing, if the need
arises. A sample with a test result that is outside the test
reproducibility limits, when compared to the applicable limits,
shall be properly stored to preserve the sample for at least 90
days.
   { +  NOTE: + } Updates title of organization in (3).
  SECTION 84. ORS 646.957 is amended to read:
  646.957. (1) In accordance with any applicable provision of ORS
chapter 183, the Director of Agriculture, not later than December
1, 1997, shall adopt rules to carry out the provisions of ORS

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 65

646.947 to 646.963. Such rules may include, but are not limited
to, motor vehicle fuel grade advertising, pump grade labeling,
testing procedures, quality standards and identification
requirements for motor vehicle fuels and ethanol, biodiesel and
other renewable diesel, as those terms are defined in ORS
646.905.  Rules adopted by the director under this section shall
be consistent, to the extent the director considers appropriate,
with the most recent standards adopted by   { - the American
Society for Testing and Materials - }  { +  ASTM
International + }. As standards of   { - the society - }  { +
ASTM International + } are revised, the director shall revise the
rules in a manner consistent with the revisions unless the
director determines that those revised rules will significantly
interfere with the director's ability to carry out the provisions
of ORS 646.947 to 646.963. Rules adopted pursuant to this section
must adequately protect confidential business information and
trade secrets that the director or the director's authorized
agent may discover when inspecting books, papers and records
pursuant to ORS 646.955.
  (2) Testing requirements, specifications and frequency of
testing for each production lot of biodiesel, biodiesel blend or
other renewable diesel produced in or brought into this state
shall be defined by the director by rule.
   { +  NOTE: + } Updates title of organization in (1).
  SECTION 85. ORS 657.335 is amended to read:
  657.335. As used in ORS 657.335 to 657.360:
    { - (1) 'Eligible dislocated workers' means individuals who
are not disqualified from benefits under ORS 657.176 and who: - }

    { - (a) Have been terminated or laid off or who have received
a notice of termination or layoff, are eligible for or have
exhausted their entitlement to unemployment compensation and are
unlikely to return to their previous industry or occupation; - }
    { - (b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or
enterprise; - }
    { - (c) Are long term unemployed and have limited
opportunities for employment or reemployment in the same or a
similar occupation in the area in which such individuals reside,
including older individuals who may have substantial barriers to
employment by reason of age; - }
    { - (d) Were self-employed, including farmers and ranchers,
and are unemployed as a result of general economic conditions in
the community in which they reside or because of natural
disasters; - }
    { - (e) Returned to service in the Oregon National Guard or
the military reserve forces of the United States following active
duty service; - }
    { - (f) Have separated from a declining industry; or - }
    { - (g) Have been involuntarily and indefinitely separated
from employment as a result of a permanent reduction of
operations at their place of employment. - }
    { - (2) - }  { +  (1) + } 'Career and technical training'
means training or retraining and basic education, including
literacy skills, designed to prepare individuals for gainful
employment in recognized or new occupations or to prepare
individuals to become self-employed.   { - The term - }  { +
'Career and technical training' + } does not include programs of
instruction for an individual, including transfer credit programs

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 66

of instruction given at community colleges, that are primarily
intended to lead toward a baccalaureate or higher degree or
training that has for its purpose the preparation of individuals
for employment in occupations that require a baccalaureate or
higher degree from institutions of higher education unless
approved by the Director of the Employment Department.
   { +  (2) 'Eligible dislocated workers' means individuals who
are not disqualified from benefits under ORS 657.176 and who:
  (a) Have been terminated or laid off or who have received a
notice of termination or layoff, are eligible for or have
exhausted their entitlement to unemployment compensation and are
unlikely to return to their previous industry or occupation;
  (b) Have been terminated or have received a notice of
termination of employment, as a result of any permanent closure
of or any substantial layoff at a plant, facility or enterprise;
  (c) Are long term unemployed and have limited opportunities for
employment or reemployment in the same or a similar occupation in
the area in which such individuals reside, including older
individuals who may have substantial barriers to employment by
reason of age;
  (d) Were self-employed, including farmers and ranchers, and are
unemployed as a result of general economic conditions in the
community in which they reside or because of natural disasters;
  (e) Returned to service in the Oregon National Guard or the
military reserve forces of the United States following active
duty service;
  (f) Have separated from a declining industry; or
  (g) Have been involuntarily and indefinitely separated from
employment as a result of a permanent reduction of operations at
their place of employment. + }
   { +  NOTE: + } Alphabetizes definitions; sets forth defined
term in (1).
  SECTION 86. 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 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 - }
 { + registration + } was revoked has been fully satisfied and
that the individual has complied with all conditions imposed by
the decision of revocation.
   { +  NOTE: + } Corrects terminology in (2).
  SECTION 87. ORS 684.040, as amended by section 14, chapter 43,
Oregon Laws 2012, is amended to read:
  684.040. (1) Any person applying for a license to practice
chiropractic in this state shall make application to the State
Board of Chiropractic Examiners, upon such form and in such
manner as may be provided by the board. The application must be
accompanied by nonrefundable fees of:
  (a) $150; and
  (b) The amount established by the board by rule under ORS
181.534.
  (2) Each applicant shall furnish to the board:
  (a) Evidence satisfactory to the board of the applicant's good
moral character.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 67

  (b) A certificate of proficiency in the fundamental sciences
(Part I, taken subsequent to January 1, 1971) issued to the
applicant by the National Board of Chiropractic Examiners.
  (c) Evidence of successful completion of at least two years of
liberal arts and sciences study, in any college or university
accredited by either the   { - Northwest Association of Schools
and Colleges - }  { +  Northwest Commission on Colleges and
Universities or its successor, + } or a like regional
association { + , + } or in any college or university in Oregon
approved for granting degrees by the Oregon Student Access
Commission.
  (d) A diploma and transcript, certified by the registrar, or
other documents satisfactory to the State Board of Chiropractic
Examiners evidencing graduation from a chiropractic school or
college approved by the board under the board's academic
standards, or from a school accredited by the Council on
Chiropractic Education or its successor agency, under standards
that are accepted and adopted biennially by the board in the
version applied to that school by the accrediting agency.
  (e) A statement of any other health care provider license in
this state held by the applicant, with identifying information
required by the State Board of Chiropractic Examiners.
  (3) An applicant meets the requirements of subsection (2)(c) or
(d) of this section if the applicant provides the State Board of
Chiropractic Examiners with documentation of military training or
experience that the board determines is substantially equivalent
to the education required by subsection (2)(c) or (d) of this
section.
  (4) The State Board of Chiropractic Examiners may waive the
requirements of subsection (2)(c) of this section for any
applicant for a license to practice chiropractic if the applicant
is licensed in another state and practiced chiropractic in that
state, but the applicant must pass the examination authorized by
ORS 684.050 or by ORS 684.052.
   { +  NOTE: + } Updates title of accrediting organization in
(2)(c).
  SECTION 88. ORS 685.060 is amended to read:
  685.060. (1) The minimum educational requirements for a license
under the provisions of this chapter are:
  (a) At least two years' satisfactory liberal arts and sciences
study, or either, in a college or university accredited by either
the   { - Northwest Association of Schools and Colleges - }  { +
Northwest Commission on Colleges and Universities or its
successor, + } or a like regional association or in a college or
university in Oregon approved for granting degrees by the Oregon
Student Access Commission as evidenced by certificate or
transcript of credits from the college or university; and
  (b) Graduation from an accredited naturopathic school or
college.
  (2)(a) The areas of study required of an applicant for a
license to practice naturopathic medicine in this state include
basic sciences, clinical sciences and any naturopathic subjects
specified by the Oregon Board of Naturopathic Medicine by rule.
  (b) The Oregon Board of Naturopathic Medicine may not include
major surgery as a required area of study under paragraph (a) of
this subsection.
   { +  NOTE: + } Updates title of accrediting organization in
(1)(a).
  SECTION 89. ORS 688.132 is amended to read:

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 68

  688.132. (1) A licensed physical therapist shall immediately
refer a person to a medical doctor, osteopathic physician,
chiropractic physician, podiatric physician and surgeon,
naturopathic physician, dentist, physician assistant or nurse
practitioner if:
  (a) Signs or symptoms are present that require treatment or
diagnosis by such providers or for which physical therapy is
contraindicated or for which treatment is outside the knowledge
of the physical therapist or scope of practice of physical
therapy; or
  (b) The physical therapist continues therapy and 60 days have
passed since the initial physical therapy treatment has been
administered, unless:
  (A) The individual is a child or a student eligible for special
education, as defined by state or federal law, and is being seen
pursuant to the child's or the student's   { - individual
education plan - }  { +  individualized education program + } or
 { - individual - }  { +  individualized + } family service plan;
  (B) The individual is a student athlete at a public or private
school, college or university and is seeking treatment in that
role as athlete; or
  (C) The individual is a resident of a long term care facility
as defined in ORS 442.015, a residential facility as defined in
ORS 443.400, an adult foster home as defined in ORS 443.705 or an
intermediate care facility for mental retardation pursuant to
federal regulations.
  (2) Notwithstanding any provision of ORS 742.518 to 742.542,
personal injury protection benefits are not required to be paid
for physical therapy treatment of a person covered by the
applicable insurance policy unless the person is referred to the
physical therapist by a licensed physician, podiatric physician
and surgeon, naturopathic physician, dentist, physician's
assistant or nurse practitioner.
   { +  NOTE: + } Standardizes terminology in (1)(b)(A) (see ORS
343.035 (7) and (8)).
  SECTION 90. ORS 701.348 is amended to read:
  701.348. (1) Every person offering to undertake or undertaking
construction of building sewer piping shall comply with the
requirements of ORS chapter 701.
  (2) Every person submitting a bid or a written estimate of the
costs to construct building sewer piping shall provide to
potential customers, prior to an agreement to perform, the
following:
  (a) The person's Construction Contractors Board license number;
  (b) The applicable bonding and liability coverage; and
  (c) The statement described in ORS 701.325 (1).
  (3) Any person licensed under ORS   { - 701.026 - }  { +
701.021 + } may install a building sewer after obtaining a permit
for plumbing inspection under ORS 447.095.
  (4) As used in this section, 'building sewer' means that part
of the system of drainage piping that conveys sewage into a
septic tank, cesspool or other treatment unit that begins five
feet outside the building or structure within which the sewage
originates.
   { +  NOTE: + } Corrects citation in (3).
  SECTION 91.  { + ORS 741.340 and 741.381 are added to and made
a part of ORS 741.001 to 741.540. + }
   { +  NOTE: + } Adds statutes to appropriate series.
  SECTION 92.  { + ORS 743.777 (7) is added to and made a part of
the Insurance Code. + }

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 69

   { +  NOTE: + } Adds subsection to appropriate code.
  SECTION 93. ORS 743.777 is amended to read:
  743.777. (1) As used in   { - subsections (2) to (6) of - }
this section:
  (a) 'Explanation of benefits' means claim processing advice or
notification of action on claims.
  (b) 'Payment, remittance and reconciliation information ' means
all information required for premium billing or invoicing,
facilitating timely electronic payment of premiums due,
delinquency notification, final billing notification or
termination of coverage.
  (c) 'Plan renewal information' means all correspondence and
materials related to an offer to renew insurance provided by an
insurer to a health insurance purchaser.
  (d) 'Quote information' means all correspondence and materials
related to an offer to insure or a rate quotation provided by an
insurer to a health insurance purchaser.
  (e) 'Sale and enrollment information' means all information
documenting the sale of a policy or certificate of health
insurance, the renewal of a policy or certificate of health
insurance, the enrollment of members in a group health insurance
plan or the enrollment of an individual in an individual health
insurance plan, including but not limited to:
  (A) The application for insurance;
  (B) Initial and ongoing documentation required by the insurer
to be provided by an insured to establish eligibility and
enrollment, adjudicate and process claims and prove prior
creditable coverage or duplicate coverage;
  (C) Premium information;
  (D) Documentation of the payment of a premium; and
  (E) Membership identification cards.
  (2) In the administration of small employer group health
insurance or individual health insurance, an insurer may
communicate one or more of the following by electronic means:
  (a) Quote information.
  (b) Sale and enrollment information.
  (c) Payment, remittance and reconciliation information.
  (d) Explanation of benefits.
  (e) Plan renewal information.
  (f) Notifications required by law.
  (g) Other communications, documentation, revisions or materials
otherwise provided on paper.
  (3) Electronic administration of small employer group or
individual health insurance plans shall be transacted using
secure systems specifically designed by the insurer for the
purpose of electronic health insurance administration.
  (4) An insurer who elects to offer discounted rates for a
health insurance plan utilizing electronic administration shall
include the schedule of discounts for utilization of electronic
administration as part of a small employer group health insurance
or individual health insurance rate filing. The rate discounts
may be graduated and must be proportionate to the amount of
administrative cost savings the insurer anticipates as a result
of the use of electronic transactions described in
 { - subsections (2) and (3) of - }  this section.
  (5) Discounted rates allowed under   { - subsections (4) to (6)
of - }  this section shall be applied uniformly to all similarly
situated small employer group or individual health insurance
purchasers of an insurer.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 70

  (6) Discounts in premium rates under   { - subsections (4) to
(6) of - }  this section are not premium rate variations for
purposes of ORS 743.737 (11) or 743.767.
  (7)   { - Subsections (1) to (6) of - }  This section
 { - do - }  { +  does + } not require an insurer to offer
discounted rates for a health insurance plan utilizing electronic
administration or require a small employer group or an individual
health insurance purchaser to use electronic administration.
   { +  NOTE: + } Streamlines internal references in (1) and (4)
to (7).
  SECTION 94. ORS 774.070 is amended to read:
  774.070. (1) The Citizens' Utility Board of Governors shall be
 { - comprised - }  { +  composed + } of three persons elected
from each congressional district   { - described in ORS
188.135 - }  { +  of this state + } by a majority of the votes
cast by members residing in that district.  The election shall be
conducted by mail ballot in such manner as the Citizens' Utility
Board of Governors may prescribe.
  (2) The term of office of a member of the Citizens' Utility
Board of Governors is four years.   { - No - }   { + A + } person
may  { + not + } serve more than two consecutive terms on the
Citizens' Utility Board of Governors.
  (3) Each candidate and each member of the Citizens' Utility
Board of Governors must be a member of the Citizens' Utility
Board and must be a resident of the district from which the
candidate seeks to be or is elected.
  (4) At least 45 days before an election { + , + } each
candidate shall file with the Citizens' Utility Board of
Governors a statement of financial interests, which shall contain
the information in such form as the Citizens' Utility Board of
Governors shall determine.  Each candidate shall maintain a
complete record of contributions received and expenditures made
with regard to an election campaign. Each candidate shall make
the records available for public inspection at such reasonable
times as the Citizens' Utility Board of Governors considers
appropriate.
  (5)   { - No - }   { + A + } member who is employed by a
utility   { - shall be - }   { + is not + } eligible for
appointment or election to the Citizens' Utility Board of
Governors, and   { - no - }   { + a + } member of the Citizens'
Utility Board of Governors who obtains employment by a utility
may { +  not + } maintain a position on the Citizens' Utility
Board of Governors.  While on the board,   { - no - }   { + a + }
director elected under this section may  { +  not + } hold
elective public office, be a candidate for any elective public
office  { - , - }  or be a state public official.   { - No - }
 { + A + } person who owns or controls, either singly or in
combination with any immediate family member, utility stocks or
bonds of a total value in excess of $3,000 is  { + not + }
eligible to serve as an elected member of the Citizens' Utility
Board of Governors.
  (6) The Citizens' Utility Board of Governors may disqualify any
candidate or member of the Citizens' Utility Board of Governors
for any violation of this chapter or of the bylaws of the
Citizens' Utility Board.
  (7) Upon petition signed by 20 percent of the members in a
district for the recall of a member of the Citizens' Utility
Board of Governors elected from the district, the Citizens'
Utility Board of Governors shall mail ballots to each member in
the district, submitting the question whether the member of the

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 71

Citizens' Utility Board of Governors shall be recalled. If a
majority of the members voting at the election vote in favor of
the recall, then the member of the Citizens' Utility Board of
Governors shall be recalled. Elections and recall proceedings
shall be conducted in a manner as the Citizens' Utility Board of
Governors may prescribe. Ballots for all election and recall
proceedings shall be counted at a regular meeting of the
Citizens' Utility Board of Governors.
  (8) The remaining members of the Citizens' Utility Board of
Governors shall have the power to fill vacancies on the Citizens'
Utility Board of Governors.
   { +  NOTE: + } Corrects word choice and deletes reference to
obsolete statute in (1); updates syntax in (2) and (5); corrects
punctuation in (4) and (5).
  SECTION 95. ORS 802.110 is amended to read:
  802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
  (1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
  (2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
  (a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
  (b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
  (c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
  (A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
  (B) The remaining moneys, for reimbursing school districts and
commercial driver training schools as provided under ORS 336.805.
  (d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Motorcycle Safety Subaccount under ORS 807.170 to the State

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 72

Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
  (e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account.  The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
  (f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
  (g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
  (3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed.  Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
  (4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
  (a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
permits.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 73

  (b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections.  The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
  (c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but   { - shall - }   { + may + }
not exceed $10,000 during each biennium.
  (d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
  (5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
  (a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
  (b) Notwithstanding paragraph (a) of this subsection { + , + }
the department   { - shall - }   { + may + } not make available
for purposes described in paragraph (a) of this subsection any
moneys described in ORS 367.605 when there are not sufficient
amounts of such moneys in the State Highway Fund for purposes of
bonds issued under ORS 367.615.
  (6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
  (a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
  (b) Moneys received from the registration of snowmobiles that
  { - is - }  { +  are + } not to be used for payment of
administrative expenses of the department shall be transferred
within 30 days after the end of the quarter.
  (c) Moneys received from the issuance of winter recreation
parking permits that   { - is - }  { +  are + } not used for
payment of administrative expenses of the department shall be
transferred within 30 days after the end of the quarter.
  (7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
  (a) Moneys collected from the issuance of winter recreation
parking permits, and the interest on such moneys, shall be used
to enforce the requirement for winter recreation parking permits
and to remove snow from winter recreation parking locations
designated under ORS 810.170. Any remaining moneys shall, upon
approval by the Winter Recreation Advisory Committee:
  (A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 74

  (B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
  (C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
  (b) Moneys received from the registration of snowmobiles or
under ORS 802.120 may be used for development and maintenance of
multiuse trails within urban growth boundaries described in ORS
367.017 or for the development and maintenance of snowmobile
facilities, including the acquisition of land therefor by any
means other than the exercise of eminent domain. Moneys received
under ORS 802.120 may also be used for the enforcement of ORS
811.590, 821.100 to 821.120, 821.140, 821.150, 821.190, 821.210
and 821.240 to 821.290.
  (8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund.  The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances.  The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount
of { +  moneys in + } the account under this subsection
 { - shall - }   { + may + } not exceed $40,000 from moneys
received by the department in the performance of its driver and
motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
   { +  NOTE: + } Updates syntax in (4)(c), (5)(b) and (8); adds
proper punctuation in (5)(b); corrects grammar in (6)(b) and (c);
provides missing verbiage in (8).
  SECTION 96.  { + Notwithstanding any other provision of law,
ORS 810.243 shall not be considered to have been added to or made
a part of ORS chapter 811 for the purpose of statutory
compilation or for the application of definitions, penalties or
administrative provisions applicable to statute sections in that
chapter. + }
   { +  NOTE: + } Removes statute from inappropriate ORS chapter.
  SECTION 97. ORS 830.990 is amended to read:
  830.990. (1)(a) Violation of ORS 830.565 by a person operating
a manually propelled boat is a Class D violation.
Notwithstanding ORS 153.019, the presumptive fine for a violation
of ORS 830.565 { +  by a person operating a manually propelled
boat + } is $30.
  (b) Violation of ORS 830.565 by a person operating a motorboat
is   { - punishable as - }  a Class D violation. Notwithstanding
ORS 153.019, the presumptive fine for a violation of ORS 830.565
 { +  by a person operating a motorboat + } is $50.
  (2) A person who violates ORS 830.050, 830.088, 830.090,
830.092, 830.094, 830.230, 830.415, 830.710, 830.720, 830.770,
830.780, 830.810, 830.850 or 830.855, or rules adopted to carry
out the purposes of those statutes, commits a Class D violation.
  (3) A person who violates ORS 830.220, 830.240, 830.245,
830.250, 830.375, 830.475 (4), 830.480, 830.785, 830.805 or
830.825, or rules adopted to carry out the purposes of those
statutes, commits a Class C violation.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 75

  (4) A person who violates ORS 830.110, 830.175, 830.180,
830.185, 830.195, 830.210, 830.215, 830.225, 830.235, 830.260,
830.300, 830.315 (2) and (3), 830.335, 830.340, 830.345, 830.350,
830.355, 830.360, 830.362, 830.365, 830.370, 830.410, 830.420,
830.495, 830.560, 830.775, 830.795 or 830.830, or rules adopted
to carry out the purposes of those statutes, commits a Class B
violation.
  (5) A person who violates ORS 830.305 or 830.390, or rules
adopted to carry out the purposes of those statutes, commits a
Class A violation.
  (6) A person who violates ORS 830.383 or 830.909 commits a
Class B misdemeanor.
  (7) A person who violates ORS 830.035 (2), 830.053, 830.315
(1), 830.325, 830.475 (1), 830.730 or 830.955 (1) commits a Class
A misdemeanor.
  (8) A person who violates ORS 830.475 (2) commits a Class C
felony.
   { +  NOTE: + } Clarifies conditions of violation in (1)(a) and
(b); deletes excess verbiage in (1)(b).
  SECTION 98. Section 8, chapter 624, Oregon Laws 2011, is
amended to read:
   { +  Sec. 8. + } (1) For the biennium beginning July 1, 2011,
at the request of the Oregon Department of Administrative
Services, after the department consults with the City of
Hermiston, the State Treasurer is authorized to issue lottery
bonds pursuant to ORS 286A.560 to 286A.585 in an amount not to
exceed net proceeds of $6.4 million for the purpose described in
subsection (2) of this section, plus an additional amount
estimated by the State Treasurer to be necessary to pay
bond-related costs.
  (2) Net proceeds of lottery bonds issued under this section in
an amount sufficient to provide $6.4 million in net proceeds and
interest earnings   { - for transfer - }  { +  must be
transferred + } to the department for disbursement to the City of
Hermiston for the purpose of acquiring, developing, constructing
and equipping the Eastern Oregon Trade Center.
  (3) The Legislative Assembly finds that the use of lottery bond
proceeds will create jobs, further economic development, finance
public education or restore and protect parks, beaches,
watersheds and native fish and wildlife, and is authorized based
on the following findings:
  (a) The human capital and other resources of eastern Oregon are
underutilized;
  (b) The Eastern Oregon Trade Center will be a resource to
promote and focus attention on the development potential of the
region; and
  (c) Construction of the Eastern Oregon Trade Center will create
jobs.
   { +  NOTE: + } Corrects syntax in (2).
  SECTION 99. Section 12, chapter 624, Oregon Laws 2011, is
amended to read:
   { +  Sec. 12. + } (1) For the biennium beginning July 1, 2011,
at the request of the Oregon Department of Administrative
Services, after the department consults with the Lane Transit
District, the State Treasurer is authorized to issue lottery
bonds pursuant to ORS 286A.560 to 286A.585 in an amount not to
exceed net proceeds of $4.2 million for the purpose described in
subsection (2) of this section, plus an additional amount
estimated by the State Treasurer to be necessary to pay
bond-related costs.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 76

  (2) Net proceeds of lottery bonds issued under this section in
an amount sufficient to provide $4.2 million in net proceeds and
interest earnings   { - for the department to - }  { +  must be
transferred to the department for + } deposit in the West Eugene
EmX Extension Fund for disbursement to the Lane Transit District
for the West Eugene EmX Extension, as defined in section 28,
chapter 906, Oregon Laws 2009.
  (3) The Legislative Assembly finds that the use of lottery bond
proceeds will create jobs, further economic development, finance
public education or restore and protect parks, beaches,
watersheds and native fish and wildlife, and is authorized based
on the findings identified by the Legislative Assembly in section
28, chapter 906, Oregon Laws 2009.
   { +  NOTE: + } Corrects syntax in (2).
  SECTION 100. Section 14, chapter 624, Oregon Laws 2011, is
amended to read:
   { +  Sec. 14. + } (1) For the biennium beginning July 1, 2011,
at the request of the Oregon Department of Administrative
Services, after the department consults with the Oregon
Historical Society, the State Treasurer is authorized to issue
lottery bonds pursuant to ORS 286A.560 to 286A.585 in an amount
not to exceed net proceeds of $2.5 million for the purpose
described in subsection (2) of this section, plus an additional
amount estimated by the State Treasurer to be necessary to pay
bond-related costs.
  (2) Net proceeds of lottery bonds issued pursuant to this
section in an amount sufficient to provide $2.5 million in net
proceeds and interest earnings { +  must be transferred + } to
the department for disbursement to the Oregon Historical Society
for payment of costs associated with the mortgage on the
society's storage facility in Gresham.
  (3) The Legislative Assembly finds that the use of lottery bond
proceeds will create jobs, further economic development, finance
public education or restore and protect parks, beaches,
watersheds and native fish and wildlife, and is authorized based
on the following findings:
  (a) The mission of the Oregon Historical Society is not just to
preserve Oregon's documentary history but to utilize the
documents preserved to educate Oregonians of all ages.
  (b) By relieving the society of the mortgage costs on the
society's storage facility, the society is able to focus more
resources on operations that serve the society's mission.
   { +  NOTE: + } Corrects syntax in (2).
  SECTION 101. Section 16, chapter 624, Oregon Laws 2011, is
amended to read:
   { +  Sec. 16. + } (1) For the biennium beginning July 1, 2011,
at the request of the Oregon Department of Administrative
Services, after the department consults with the State Board of
Forestry, the State Treasurer is authorized to issue lottery
bonds pursuant to ORS 286A.560 to 286A.585 in an amount not to
exceed net proceeds of $1,980,000 for the purpose described in
subsection (2) of this section, plus an additional amount
estimated by the State Treasurer to be necessary to pay
bond-related costs.
  (2) Notwithstanding ORS 526.060, net proceeds of lottery bonds
issued under this section in an amount sufficient to provide
$1,980,000 in net proceeds and interest earnings { +  must be
transferred to the State Board of Forestry + } for deposit in the
State Forest Acquisition Fund established under   { - section 14,
chapter 906, Oregon Laws 2009, - }  { +  ORS 530.181 + } for the

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 77

purpose of acquiring parcels in the Gilchrist area of Klamath
County for use as state forestland.
  (3) The Legislative Assembly finds that:
  (a) The Gilchrist area of Klamath County is an economically
stressed region;
  (b) State acquisition of parcels located in the Gilchrist area
of Klamath County for management as state forestland would
produce economic benefits for the area, including but not limited
to income from the harvest of forest products and direct
employment and economic benefit from processing harvested forest
products;
  (c) State acquisition of parcels in the Gilchrist area of
Klamath County and management of those parcels as state
forestland will result in increased employment in the tourism
industry and other industries related to the development of
recreational attractions on parcels;
  (d) There exists a substantial risk that failure to acquire
certain parcels in the Gilchrist area of Klamath County for use
as state forestland will result in the parcels being converted to
nonforest use, resulting in the loss of existing forest industry
jobs and existing jobs in related industries in the area; and
  (e) The use of lottery bond proceeds as provided in this
section will create jobs, further economic development, finance
public education or protect parks, watersheds, fish or wildlife
within Oregon, and issuance of lottery bonds for the purpose
described in this section is therefore an appropriate use of
state lottery funds under section 4, Article XV of the Oregon
Constitution, and ORS 461.510.
   { +  NOTE: + } Corrects syntax and substitutes session law
reference with proper ORS citation in (2).
  SECTION 102. ORS 174.112 is amended to read:
  174.112. (1) Subject to ORS 174.108, as used in the statutes of
this state 'executive department' means all statewide elected
officers other than judges, and all boards, commissions,
departments, divisions and other entities, without regard to the
designation given to those entities, that are within the
executive
  { - department - }   { + branch + } of government as described
in   { - section 1, - } Article III { + , section 1, + } of the
Oregon Constitution, and that are not:
  (a) In the judicial department or the legislative department;
  (b) Local governments; or
  (c) Special government bodies.
  (2) Subject to ORS 174.108, as used in the statutes of this
state 'executive department' includes:
  (a) An entity created by statute for the purpose of giving
advice only to the executive department and that does not have
members who are officers or employees of the judicial department
or legislative department;
  (b) An entity created by the executive department for the
purpose of giving advice to the executive department, if the
document creating the entity indicates that the entity is a
public body; and
  (c) Any entity created by the executive department other than
an entity described in paragraph (b) of this subsection, unless
the document creating the entity indicates that the entity is not
a governmental entity or the entity is not subject to any
substantial control by the executive department.

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 78

   { +  NOTE: + } Corrects reference in (1) to executive branch
of government to reflect amendment to Article III, section 1, of
the Oregon Constitution (see House Joint Resolution 44 (2011)).
  SECTION 103. Section 1, chapter 101, Oregon Laws 2012, is
amended to read:
   { +  Sec. 1.  + }(1) Notwithstanding ORS 291.229, a state
agency that employs more than 100 employees and has not, by
 { - the effective date of this 2012 Act - }  { +  April 11,
2012 + }, attained a ratio of at least 11 to 1 of employees of
the state agency who are not supervisory employees to supervisory
employees:
  (a) May not fill the position of a supervisory employee until
the agency has increased the agency's ratio of employees to
supervisory employees so that the ratio is at least one
additional employee to supervisory employees; and
  (b) Shall, not later than October 31, 2012, lay off or
reclassify the number of supervisory employees necessary to
attain the increase in the ratio specified in paragraph (a) of
this subsection if the increase in that ratio is not attained
under paragraph (a) of this subsection or through attrition.
  (2) Notwithstanding ORS 291.229, a state agency that employs
more than 100 employees and has complied with the requirements of
subsection (1) of this section, but has not attained a ratio of
at least 11 to 1 of employees of the state agency who are not
supervisory employees to supervisory employees:
  (a) May not fill the position of a supervisory employee until
the agency has increased the agency's ratio of employees to
supervisory employees by at least one additional employee; and
  (b) Not later than October 31 of each subsequent year, shall
lay off or reclassify the number of supervisory employees
necessary to increase the agency's ratio of employees to
supervisory employees so that the ratio is at least one
additional employee to supervisory employees.
  (3) Layoffs or reclassifications required under this section
must be made in accordance with the terms of any applicable
collective bargaining agreement. A supervisory employee who is
reclassified into a classified position pursuant to this section
shall be compensated in the salary range for the classified
position unless otherwise provided by an applicable collective
bargaining agreement.
  (4) Upon application from a state agency, the Oregon Department
of Administrative Services may grant a state agency an exception
from the requirements of subsections (1) to (3) of this section
if the department determines that the exception is warranted due
to unique or emergency circumstances. The department shall report
all exceptions granted under this subsection to the Joint
Committee on Ways and Means, the Joint Interim Committee on Ways
and Means or the Emergency Board.
  (5) As used in this section:
  (a)(A) 'State agency' means all state officers, boards,
commissions, departments, institutions, branches, agencies,
divisions and other entities, without regard to the designation
given to those entities, that are within the executive
  { - department - }   { + branch + } of government as described
in   { - section 1, - } Article III { + , section 1, + } of the
Oregon Constitution.
  (B) 'State agency' does not include:
  (i) The legislative department as defined in ORS 174.114;
  (ii) The judicial department as defined in ORS 174.113;
  (iii) The Public Defense Services Commission;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 79

  (iv) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices;
  (v) Semi-independent state agencies listed in ORS 182.454;
  (vi) The Oregon Tourism Commission;
  (vii) The Oregon Film and Video Office;
  (viii) The Oregon University System;
  (ix) The Oregon Health and Science University;
  (x) The Travel Information Council;
  (xi) Oregon Corrections Enterprises;
  (xii) The Oregon State Lottery Commission;
  (xiii) The State Accident Insurance Fund Corporation;
  (xiv) The Oregon Health Insurance Exchange Corporation;
  (xv) The Oregon Utility Notification Center;
  (xvi) Oregon Community Power;
  (xvii) The Citizens' Utility Board;
  (xviii) A special government body as defined in ORS 174.117;
  (xix) Any other public corporation created under a statute of
this state and specifically designated as a public corporation;
and
  (xx) Any other semi-independent state agency denominated by
statute as a semi-independent state agency.
  (b) 'Supervisory employee' has the meaning given that term in
ORS 243.650.
   { +  NOTE: + } Substitutes effective date in (1); corrects
reference in (5)(a)(A) to executive branch of government to
reflect amendment to Article III, section 1, of the Oregon
Constitution (see House Joint Resolution 44 (2011)).
  SECTION 104. ORS 291.229, as amended by section 2, chapter 101,
Oregon Laws 2012, is amended to read:
  291.229. (1) The Oregon Department of Administrative Services
shall develop a plan for state agencies that employ more than 100
employees to attain a ratio of 11 to 1 of employees of state
agencies who are not supervisory employees to supervisory
employees. The plan shall be used to develop the legislatively
adopted budget and may provide for a transition to the ratio
specified in this subsection during a period lasting more than
one biennium.
  (2) As part of the development of the legislatively adopted
budget, during each odd-numbered year regular session of the
Legislative Assembly, the department shall report on the plan
developed under subsection (1) of this section to the Joint
Committee on Ways and Means. The report shall include the ratio
of employees of state agencies who are not supervisory employees
to supervisory employees.
  (3) As used in this section:
  (a) 'Legislatively adopted budget' means the budget enacted by
the Legislative Assembly during an odd-numbered year regular
session.
  (b)(A) 'State agency' means all state officers, boards,
commissions, departments, institutions, branches, agencies,
divisions and other entities, without regard to the designation
given to those entities, that are within the executive
  { - department - }   { + branch + } of government as described
in   { - section 1, - } Article III { + , section 1, + } of the
Oregon Constitution.
  (B) 'State agency' does not include:
  (i) The legislative department as defined in ORS 174.114;
  (ii) The judicial department as defined in ORS 174.113;
  (iii) The Public Defense Services Commission;

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 80

  (iv) The Secretary of State and the State Treasurer in the
performance of the duties of their constitutional offices;
  (v) Semi-independent state agencies listed in ORS 182.454;
  (vi) The Oregon Tourism Commission;
  (vii) The Oregon Film and Video Office;
  (viii) The Oregon University System;
  (ix) The Oregon Health and Science University;
  (x) The Travel Information Council;
  (xi) Oregon Corrections Enterprises;
  (xii) The Oregon State Lottery Commission;
  (xiii) The State Accident Insurance Fund Corporation;
  (xiv) The Oregon Health Insurance Exchange Corporation;
  (xv) The Oregon Utility Notification Center;
  (xvi) Oregon Community Power;
  (xvii) The Citizens' Utility Board;
  (xviii) A special government body as defined in ORS 174.117;
  (xix) Any other public corporation created under a statute of
this state and specifically designated as a public corporation;
and
  (xx) Any other semi-independent state agency denominated by
statute as a semi-independent state agency.
  (c) 'Supervisory employee' has the meaning given that term in
ORS 243.650.
   { +  NOTE: + } Corrects reference in (3)(b)(A) to executive
branch of government to reflect amendment to Article III, section
1, of the Oregon Constitution (see House Joint Resolution 44
(2011)).
                         ----------

Passed by House February 11, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate February 28, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 81

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2148 (HB 2148-INTRO)                  Page 82