Bill Text: OR SB485 | 2013 | Regular Session | Introduced

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Bill Title: Relating to state agency fees; declaring an emergency.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB485 Detail]

Download: Oregon-2013-SB485-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1039

                         Senate Bill 485

Sponsored by Senator JOHNSON, Representative WHISNANT; Senators
  GEORGE, KNOPP, OLSEN, STARR, THOMSEN, Representatives BOONE,
  CONGER, ESQUIVEL, OLSON, PARRISH, WITT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Specifies that new or increased fees adopted by state agency do
not become effective unless approved by Legislative Assembly by
law. Provides exception in case of emergency.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to state agency fees; creating new provisions; amending
  ORS 291.055; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 291.055 is amended to read:
  291.055. (1) Notwithstanding any other law that grants to a
state agency the authority to establish fees,   { - all new state
agency fees or fee increases adopted during the period beginning
on the date of adjournment sine die of a regular session of the
Legislative Assembly and ending on the date of adjournment sine
die of the next regular session of the Legislative Assembly - }
 { +  new or increased fees adopted by a state agency + }:
  (a) Are not effective for agencies in the executive department
of government unless approved in writing by the Director of the
Oregon Department of Administrative Services;
  (b) Are not effective for agencies in the judicial department
of government unless approved in writing by the Chief Justice of
the Supreme Court;
  (c) Are not effective for agencies in the legislative
department of government unless approved in writing by the
President of the Senate and the Speaker of the House of
Representatives;
  (d) Shall be reported by the state agency to the Oregon
Department of Administrative Services within 10 days of their
adoption; and
  (e)   { - Are rescinded on adjournment sine die of the next
regular session of the Legislative Assembly as described in this
subsection, unless otherwise authorized by enabling legislation
setting forth the approved fees - }  { +  Are not effective
unless authorized by the Legislative Assembly by enabling
legislation setting forth the approved fees + }.
   { +  (2) Fees or fee increases authorized by the Legislative
Assembly under subsection (1) of this section take effect on the
effective date of the enabling legislation or on the date
specified in the rule adopting the fee or fee increase, whichever
is later. + }
    { - (2) - }   { + (3) + } This section does not apply to:
  (a) Any tuition or fees charged by the State Board of Higher
Education and the public universities listed in ORS 352.002.
  (b) Taxes or other payments made or collected from employers
for unemployment insurance required by ORS chapter 657 or premium
assessments required by ORS 656.612 and 656.614 or contributions
and assessments calculated by cents per hour for workers'
compensation coverage required by ORS 656.506.
  (c) Fees or payments required for:
  (A) Health care services provided by the Oregon Health and
Science University, by the Oregon Veterans' Homes and by other
state agencies and institutions pursuant to ORS 179.610 to
179.770.
  (B) Assessments and premiums paid to the Oregon Medical
Insurance Pool established by ORS 735.614 and 735.625.
  (C) Copayments and premiums paid to the Oregon medical
assistance program.
  (D) Assessments paid to the Department of Consumer and Business
Services under ORS 743.951 and 743.961.
  (d) Fees created or authorized by statute that have no
established rate or amount but are calculated for each separate
instance for each fee payer and are based on actual cost of
services provided.
  (e) State agency charges on employees for benefits and
services.
  (f) Any intergovernmental charges.
  (g) Forest protection district assessment rates established by
ORS 477.210 to 477.265 and the Oregon Forest Land Protection Fund
fees established by ORS 477.760.
  (h) State Department of Energy assessments required by ORS
469.421 (8) and 469.681.
  (i) Any charges established by the State Parks and Recreation
Director in accordance with ORS 565.080 (3).
  (j) Assessments on premiums charged by the Department of
Consumer and Business Services pursuant to ORS 731.804 or fees
charged by the Division of Finance and Corporate Securities of
the Department of Consumer and Business Services to banks, trusts
and credit unions pursuant to ORS 706.530 and 723.114.
  (k) Public Utility Commission operating assessments required by
ORS 756.310 or charges paid to the Residential Service Protection
Fund required by chapter 290, Oregon Laws 1987.
  (L) Fees charged by the Housing and Community Services
Department for intellectual property pursuant to ORS 456.562.
  (m) New or increased fees that are anticipated in the
legislative budgeting process for an agency, revenues from which
are included, explicitly or implicitly, in the legislatively
adopted budget or the legislatively approved budget for the
agency.
  (n) Tolls approved by the Oregon Transportation Commission
pursuant to ORS 383.004.
  (o) Convenience fees as defined in ORS 182.126 and established
by the Oregon Department of Administrative Services under ORS
182.132 (3) and recommended by the Electronic Government Portal
Advisory Board.
   { +  (p) New or increased fees required because of emergency
circumstances and for which the Director of the Oregon Department
of Administrative Services, the Chief Justice of the Supreme
Court or the President of the Senate and the Speaker of the House
of Representatives declare an emergency. + }
    { - (3) - }   { + (4) + }(a) Fees temporarily decreased for
competitive or promotional reasons or because of unexpected and
temporary revenue surpluses may be increased to not more than
their prior level without compliance with subsection (1) of this

section if, at the time the fee is decreased, the state agency
specifies the following:
  (A) The reason for the fee decrease; and
  (B) The conditions under which the fee will be increased to not
more than its prior level.
  (b) Fees that are decreased for reasons other than those
described in paragraph (a) of this subsection may not be
subsequently increased except as allowed by ORS 291.050 to
291.060 and 294.160.
  SECTION 2.  { + The amendments to ORS 291.055 by section 1 of
this 2013 Act apply to fees adopted or increased on or after the
effective date of this 2013 Act. + }
  SECTION 3.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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