2011 ORS § 291.055¹
Agency fee approval required
- • exemptions
- • restoration of temporarily reduced fees
(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:
(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(e) Are rescinded on adjournment sine die of the next regular session of the Legislative Assembly as described in this subsection, unless otherwise authorized by enabling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.
(2) 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 (Oregon University System).
(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 (Assessments for department activities) and 656.614 (Self-Insured Employer Adjustment Reserve) or contributions and assessments calculated by cents per hour for workers compensation coverage required by ORS 656.506 (Assessments for programs).
(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 (Definitions for ORS 179.610 to 179.770) to 179.770 (Rules).
(B) Assessments and premiums paid to the Oregon Medical Insurance Pool established by ORS 735.614 (Assessments for expenses of pool and reinsurance program for childrens coverage) and 735.625 (Coverage).
(C) Copayments and premiums paid to the Oregon medical assistance program.
(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 (Duty of owner to protect forestland) to 477.265 (Board to deal with budgets annually) and the Oregon Forest Land Protection Fund fees established by ORS 477.760 (Reserve base of fund fixed).
(i) Any charges established by the State Parks and Recreation Director in accordance with ORS 565.080 (Management of fair property) (3).
(j) Assessments on premiums charged by the Department of Consumer and Business Services pursuant to ORS 731.804 (Assessments) 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 (Annual fees paid by banking institutions and non-Oregon institutions) and 723.114 (Annual fees paid by credit unions).
(k) Public Utility Commission operating assessments required by ORS 756.310 (Annual fees payable by utilities and telecommunications providers) 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 (Department intellectual property).
(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 (Establishment of tolls).
(o) Convenience fees as defined in ORS 182.126 (Definitions) and established by the Oregon Department of Administrative Services under ORS 182.132 (Ability to offer government services through portal) (3) and recommended by the Electronic Government Portal Advisory Board.
(3)(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 (Definitions for ORS 291.050 to 291.060) to 291.060 (Report of fees to Legislative Assembly) and 294.160 (Opportunity for public comment on new fee or fee increase). [1995 c.576 §2; 1997 c.37 §1; 1997 c.684 §3; 2003 c.605 §3; 2005 c.727 §§14,15; 2005 c.744 §§24d,24e; 2005 c.777 §16; 2007 c.531 §§14,15; 2007 c.827 §§2,3; 2009 c.829 §4; 2009 c.867 §40; 2011 c.637 §98; 2011 c.688 §1]
Note: See note under 291.050 (Definitions for ORS 291.050 to 291.060).