2013 Summary of Legislation
A publication of Legislative Administration COMMITTEE SERVICES
October 2013
Table of Contents
Table of Contents ...... 2 Agriculture and Natural Resources ...... 4 Business and Commerce ...... 19 Consumer Protection ...... 35 Education ...... 45 Elections and Ethics ...... 61 Emergency Preparedness ...... 68 Energy ...... 71 Environmental Quality ...... 79 Government...... 85 Health Care ...... 105 Human Services ...... 124 Insurance ...... 135 Judiciary ...... 140 Labor and Employment ...... 149 Land Use ...... 159 Transportation ...... 168 Veterans ...... 180 Water ...... 186
For information on legislative revenue and legislative fiscal measures, see:
Legislative Revenue Office
Legislative Fiscal Office
2
3
Agriculture and Natural Resources
4
House Bill 2025 implementing less restrictive landowner preference rules for qualifying landowners
in the pilot study area. The program was set Bison running at large to sunset on June 30, 2014. House Bill 2027
expands the program statewide by creating Under Oregon law, a livestock district (also the Oregon Landowner Damage Program; known as a closed range district) is an area this newly created program is scheduled to where livestock may not run at large; the sunset on January 2, 2020. livestock owner or manager must keep livestock on their own property. In an open Effective date: June 13, 2013 range county, livestock can legally run at large and property owners must keep livestock out. House Bill 2031
House Bill 2025 adds bison to the definition Mineral and geothermal rights on state of “estray animal” and establishes a bison owned lands owner’s liability for economic damages caused by a bison running at large or Prior to the enactment of House Bill 2031, uncontrolled upon the land. The measure the State Land Board was required to also establishes a new lower penalty for a approve the release of any mineral and violation of the livestock laws if the geothermal rights on all property owned by animal’s owner did not act intentionally, the state. This process was required even in knowingly or recklessly, and a still lower cases where there was low potential for penalty if the person did not act mineral or geothermal extraction, such as on intentionally, knowingly or recklessly and land located inside urban growth boundaries does not have a previous conviction. or in rural areas zoned for residential use. The process involved a required resource Effective date: January 1, 2014 value study costing approximately $500.
House Bill 2031 transfers the responsibility House Bill 2027 for transactions involving low-potential
resource real property to the Department of Landowner preference and damage State Lands and requires the release of programs mineral and geothermal rights at the time of
disposal of these properties unless it is The Landowner Preference Program, which determined that a significant right exists. was established by the Legislative Assembly in 1981, allows a landowner and eligible Effective date: June 4, 2013 applicants to hunt on the landowner’s property. The program was scheduled to sunset on January 2, 2014; House Bill 2027 House Bill 2032 extends the sunset date to January 2, 2020. Oregon Removal-Fill Mitigation Fund The Southwest Oregon Landowner Preference Pilot Program was enacted in Under state law, when impacts to wetlands and 2003 to address damage caused by elk on waterways occur as part of a removal-fill private lands in Jackson, Josephine, Coos, activity, mitigation to replace lost function is Curry, and Douglas counties by required. Mitigation may be accomplished
5 through permittee-responsible mitigation, House Bill 2050 purchasing credits from private mitigation banks or, if there are no private bank credits Forest Land Protection Fund available, purchasing credits from the Department of State Lands (DSL). When The Oregon Department of Forestry protects mitigation credits are purchased, the funds approximately 16 million acres (24,900 are deposited into the Oregon Removal-Fill square miles) of private and public Mitigation Fund. DSL then uses these funds forestland from fire. Protected lands are to administer a grant program to construct primarily private, but also include state and wetland and waterway mitigation projects in other non-federal public land and, by the watershed where the impacts occurred. contract, United States Bureau of Land Management forests in western Oregon. House Bill 2032 identifies the components This represents more than half of the total of a cost calculation for a mitigation project forest land in Oregon. Essential elements of and allows project costs to reflect regional the Department’s fire protection program differences. The legislation also requires the include planning, prevention, detection, DSL Director to report annually to the initial attack, and smoke and fuels Legislative Assembly and State Land Board management. Landowners and the state on matters related to removal-fill mitigation. share fire protection costs.
Effective date: June 4, 2013 The Oregon Forest Land Protection Fund (OFLPF) is used to equalize firefighting House Bill 2039 costs across the state and supports the purchase of insurance to protect Oregon Outfitters and guides against disastrous fire costs. Basic fire protection funding has been evenly shared The Outfitter and Guide Program (Program) by landowners and the General Fund; in was first established in 1984. Under this practice, landowners have paid a greater program, the State Marine Board annually share of actual costs. House Bill 2050 makes registers outfitters and guides to certify that changes to the OFLPF to increase funding they carry the minimum liability insurance for acquisition of equipment to reduce the required by law, have current First Aid and size and severity of fires, improve fire CPR training and, if required, have a United protection affordability on the eastside and States Coast Guard Operator License or move toward a 50/50 funding model over Surety Bond. the next six years.
House Bill 2039 revises the Program Effective date: July 6, 2013 statutes, increasing the annual registration fee and minimum liability coverage to House Bill 2233 $500,000. Effective January 1, 2018, guides and outfitters are required to pass a written Derelict and abandoned vessels test, participate in drug and alcohol programs, and complete a physical Oregon law prohibits abandoning boats, examination every five years. floating homes and boathouses. The abandoned vessel statutes were last amended Effective date: June 18, 2013 in 2003 to allow Oregon public ports to act
6 as “removing authorities” in addition to law all metal mines except those using only enforcement. Before vessels are designated gravity separation. as abandoned they have almost always been in a derelict condition for months or years. Effective date: June 13, 2013
House Bill 2233 modifies statutes governing House Bill 2252 the seizure of an abandoned vessel and allows for seizure of derelict vessels. In Multi-year hunting and fishing licenses addition to other changes, the measure establishes a process and timeline for vessel The Oregon Department of Fish and seizure and designates a vessel as “derelict” Wildlife (ODFW) issues licenses, tags, and if it is sunk or in danger of sinking, permits for fishing, hunting and trapping. obstructing a waterway, endangering life or The State Fish and Wildlife Commission property, or if its physical condition creates also appoints agents to issue licenses, tags a potential environmental hazard. and permits. Under current law, licenses are
good for one year. Effective date: January 1, 2014
House Bill 2252 authorizes the State Fish House Bill 2248 and Wildlife Commission to adopt rules to allow ODFW to issue multi-year hunting Mineral mining and fishing licenses. These rules may allow for discounted fees for multi-year licenses The Department of Geology and Mineral compared to the cost of annual licenses over Industries administers the regulatory the same period. The measure also changes program for surface and metal mining and fees charged by agents and allows active- oil, gas and geothermal energy extraction in duty military personnel to hunt or fish in Oregon. Oregon for the same cost as an Oregon resident. Metal ores are typically processed using one of three processes. The first process uses Effective date: January 1, 2014 gravity and water to separate metal from the ore. The second type of process, froth House Bill 2390 flotation, separates and concentrates ores by altering their surfaces so that they are either Agents to hunt black bears or cougars repelled or attracted by water. This method may be used as an alternative or in addition Oregon Ballot Measure 18 (1994) banned to gravity separation. The third type of the use of dogs to hunt or pursue black bears process leaches metals from ore using or cougars. The measure provided chemicals like acid or cyanide. exceptions for their use by employees or agents of county, state, or federal agencies In 1991, the Legislative Assembly enacted a while acting in their official capacities, new regulatory program for metal mines that however, the measure did not clearly use chemicals to leach metals from mined authorize the Department of Fish and ore. A separate regulatory program currently Wildlife (ODFW) to designate agents. The applies to all other metal mines. House Bill Legislative Assembly explicitly authorized 2248 applies the chemical mine statutes to the appointment of agents with the passage
7 of House Bill 2971 (2007); these provisions types of brassica used for food include were scheduled to sunset on January 2, cabbage, cauliflower, broccoli, Brussels 2014. sprouts, and radish. The term “canola” is widely used to refer to rapeseed; canola is a House Bill 2390 extends the sunset on variety of rapeseed bred for human and provisions specifying how ODFW may livestock consumption as well as biodiesel appoint agents until January 2, 2019. The production. measure also requires a biennial report to the Governor and Legislative Assembly on the In early 2013, the Oregon Department of use of agents until that same date. Agriculture (ODA) adopted an administrative rule that allowed some canola Effective date: January 1, 2014 production while also establishing a rapeseed exclusion zone. House Bill 2396 House Bill 2427 authorizes ODA to allow
the planting of up to 500 acres of canola so Large woody debris that the College of Agricultural Sciences at
Oregon State University can conduct a peer- Oregon´s Removal-Fill law requires people reviewed study on the risks of growing who plan to remove material from, or fill canola and report study results to an interim material into, waters of the state to obtain a committee of the Legislative Assembly by permit from the Department of State Lands. November 1, 2017. The measure otherwise The purpose of the law, enacted in 1967, is prohibits the growing of canola in the to protect public navigation, fishery and Willamette Valley Protected Area until recreational uses of the waters. "Waters of 2019. the state" are defined as "natural waterways including all tidal and non-tidal bays, Effective date: August 14, 2013 intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and non- House Bill 2615 navigable, including that portion of the Pacific Ocean that is in the boundaries of Special forest products this state." The law applies to private or Special forest products are currently listed in public landowners. state law and include forest products other than traditional timber that can be used for House Bill 2396 adds large woody debris to personal, commercial or scientific purposes. the definition of material for purposes of the Currently, a permit must be obtained from state’s removal-fill laws. the landowner in order to collect special forest products. State law exempts certain Effective date: January 1, 2014 activities from permitting requirements such as the cutting and transport of up to one House Bill 2427 gallon of wild edible mushrooms; the cutting and transport of cedar salvage, firewood, Canola and round or split products of trees having a total volume of less than 27 cubic feet; and Canola is an oilseed crop from plants in the the cutting or transport of other special mustard family (Brassicaceae). Common
8 forest products having a total volume of less House Bill 2700 than 12 cubic feet. Aggie Bonds Program House Bill 2615 replaces the term “mushroom” with “fungi” to include truffles A 2011 survey of farmers and aspiring as a special forest product and specifies that farmers ranked a lack of capital as the top the exemption from permit requirements for challenge facing beginning farmers. A certain activities applies only to public number of states administer “Aggie Bond” lands. In addition, the measure authorizes programs to assist new farmers. Under these the State Board of Forestry to define special programs, a state agency issues federally tax forest products by administrative rule exempt bonds to substitute for a regular loan beginning on July 1, 2014. instrument. Because lenders using these bonds do not pay tax on the interest paid by Effective date: June 4, 2013 the farmer, lenders are able to offer lower interest rates, which provides an incentive for lending. House Bill 2697 Fish carcasses House Bill 2700 establishes the Beginning and Expanding Farmer Loan Program, to be Nutrient enhancement is recognized as a administered by the Oregon Business benefit to fish stocks, as a lack of nutrients Development Department in consultation can be a limiting factor in the recovery of with the Oregon Department of Agriculture. salmon populations. Since the 1990s, the Oregon Department of Fish and Wildlife Effective date: October 7, 2013 (ODFW), with the approval of the Department of Environmental Quality, has House Bill 2783 conducted a comprehensive nutrient enhancement program where excess Unlawful tethering of animal hatchery fish carcasses are placed in streams by volunteers. During 2011-2012, ODFW, Eighty percent of dog-related complaints to with the help of partners and volunteers which law enforcement responds involve placed more than 36,000 hatchery surplus tethered dogs. In Multnomah County, of fish carcasses in 107 waterways across the approximately 700 reports of animal neglect state. and abuse in 2012, 106 were related to Under current law (ORS 164.785), it is tethering and tethering violations. unlawful for a person to discard any dead House Bill 2783 creates the offense of animal carcass into a water body, irrigation unlawful tethering of a domestic animal and ditch or cistern; this statute is a part of the designates such offenses as a Class B state’s littering laws. House Bill 2697 allows violation. Prior to the measure’s effective the return of fish carcasses to the stream date, failure to provide minimum care of a from which the fish was caught. domestic animal constitutes animal neglect.
House Bill 2783 adds tethering that results Effective date: May 16, 2013 in serious physical injury or death as a Class
A misdemeanor with a maximum $6,250 fine and one year in prison, and tethering that results in physical injury as a Class B
9 misdemeanor with a $2,500 fine and up to six months in prison. In addition, the bill House Bill 3109 defines what constitutes adequate bedding and shelter for purposes of minimum care of Pole Creek wildfire a domestic animal. The Pole Creek fire began on September 9, Effective date: January 1, 2014 2012 and grew to 26,795 acres before it was contained in mid-October. The fire investigation team concluded the probable House Bill 3086 cause of the fire was lightning from an isolated thunderstorm near the Pole Creek Sage grouse habitat Trailhead on September 8. The fire sent According to the United States Fish and dense smoke into the town of Sisters, Wildlife Service, greater sage grouse are causing the Department of Environmental found in Washington, Oregon, Idaho, Quality to issue a warning that air quality Montana, North Dakota, eastern California, there had reached hazardous levels. Nevada, Utah, western Colorado, South Dakota and Wyoming and the Canadian House Bill 3109 directs the Oregon Health provinces of Alberta and Saskatchewan. Authority and State Forester to prepare a Their current habitat represents 56 percent report for the Legislative Assembly on the of their historical range. impacts of the Pole Creek wildfire on public health, fish and wildlife, and aquatic habitat. House Bill 3086 authorizes the Oregon Department of Fish and Wildlife (ODFW) to Effective date: May 29, 2013 develop and administer a uniform policy of mitigating adverse effects that proposed House Bill 3199 actions may have on core area sage grouse habitat. This policy could include off-site Incendiary device in fire season mitigation and the formation of mitigation banks, and is intended to provide a The State Forester currently has authority to landscape approach to sage grouse restrict uses on forestland inside or within mitigation efforts as opposed to the current 1/8 mile of a forest protection district during site-specific focus. The measure allows a declared fire season. However, such persons applying for authorization from restrictions must be imposed on a district- state agencies for a proposed action that by-district basis. might affect core sage grouse habitat to file a report with ODFW describing the action House Bill 3199 establishes that a person and its effect on habitat. The report may also commits a violation if they perform certain propose off-site mitigation. ODFW then has acts with incendiary devices inside of, or 60 days to evaluate the report and the within 1/8 mile of, a district boundary proposed mitigation efforts. If ODFW during a declared fire season. The measure concludes that the proposals do not offer defines “incendiary devices” to include sky sufficient mitigation, the proposer may seek lanterns, exploding targets and tracer a contested case hearing before the State ammunition. Fish and Wildlife Commission. Effective date: January 1, 2014 Effective date: August 1, 2013
10
House Bill 3262 audio/visual capability, conference rooms and dormitory-style living quarters. In Crab pots addition, the OHRC site includes four artificial streams, fish-rearing facilities, Dungeness crabs have been commercially maintenance shop, storage building, water harvested along the Pacific coast since the treatment facilities and residences for three late 1800’s. The crabs are caught in circular full-time employees. steel traps commonly called “crab pots.” Crab pots typically weigh between 60 and House Bill 3441 establishes the Oregon 125 pounds and measure 36 to 48 inches in Hatchery Research Center Board to develop diameter, and include a length of line and strategic directions and operational buoy attached to mark its position for objectives for the OHRC. retrieval. The ocean crab season along the Oregon coast begins on December 1 and Effective date: July 25, 2013 runs through August 14. Each year, the commercial Dungeness crab fishery has an House Bill 3452 estimated gear loss of 10,000 crab pots.
Some of these pots are recovered by the Wolf management owner, but many remain lost at sea until they are encountered by chance or targeted Gray wolves are listed as endangered in for removal. Lost gear can have a negative Oregon under the Oregon Endangered effect on the crab resource, marine habitat Species Act (ESA). Wolves west of Oregon and the fishery itself. Highway 395/78/95 are federally protected
as endangered under the federal ESA. Currently, the state’s personal property laws Oregon’s wolf population has continued to apply to these crab pots. The process for increase in distribution and abundance. individuals who find such items is to return those items to their owner; this serves as a In 2005, the Oregon Fish and Wildlife disincentive for removal of derelict or Commission adopted a Wolf Conservation abandoned crab pots. House Bill 3262 and Management Plan to “ensure the exempts the retrieval of crab pots under a conservation of gray wolves as required by permit program administered by the Oregon Oregon law while protecting the social and Department of Fish and Wildlife from the economic interests of all Oregonians.” The personal property laws. plan includes provisions for monitoring and
managing populations, developing education Effective date: May 16, 2013 and communication programs, and
responding to wolf interactions with House Bill 3441 wildlife, humans, and livestock. House Bill 3452 establishes circumstances under which Oregon Hatchery Research Center a wolf may be taken. The Oregon Hatchery Research Center Effective date: July 19, 2013 (OHRC), located on Fall Creek just outside the community of Alsea, opened in October 2005. The OHRC site contains an education and research building with laboratory space, an interpretive center, offices, classrooms,
11
Senate Bill 357 and it is the second deepest lake in the state after Crater Lake, with a maximum depth of Advisory committee on increasing pace and 420 feet and an average depth of 128 feet. scale of federal forest management projects Waldo Lake is one of the purest lakes in the world. It has no permanent inlet to bring The Board of Forestry established the nutrients into the lake for plant growth. Federal Forestlands Advisory Committee (FFAC) in 2006 to create a sustainability Senate Bill 602 prohibits the use of motor- vision for federal land. In 2008, the FFAC propelled boats on Waldo Lake, as well as released the “Achieving Oregon’s Vision for the use of a seaplane to land on or take off Federal Forestlands report,” which was from the lake’s surface. The measure followed by the formation of the FFAC – provides an exception for the Department of Implementation Working Group (IWG) in State Police and other public bodies with 2009. In 2012, the FFAC-IWG identified the jurisdiction over the lake, as well as for costs and benefits associated with doubling boats that are propelled by an electric motor the average number of acres treated annually and operating at less than 10 miles per hour. to restore forest ecosystem health on Oregon’s dry-side national forestlands. Effective date: May 16, 2013 According to its report, every $1 million spent on forest restoration was estimated to Senate Bill 677 result in an economic return of $5.7 million.
Payment of seasonal farmworkers upon Senate Bill 357 directs the Board of Forestry termination of employment to appoint an advisory committee to study and recommend mechanisms to increase the Generally, when an employee is terminated, pace and scale of federal forest management or when an employee and employer mutually projects. The measure specifies that the agree to terminate the employment report may identify options to diversify and relationship, the employer must issue a final improve revenue sources to support payment no later than the end of the next management, identify approaches to promote business day. Seasonal farmworkers, federal efficiencies, and evaluate options for however, are required to be paid in full for all establishing a revolving loan fund or other wages immediately upon termination of mechanism to fund projects. The report is to employment. An employer who fails to be presented to an interim committee of the provide final payment as required by law Legislative Assembly related to economic may be required as a penalty to pay the development by February 1, 2014. employee at the employee’s hourly rate for Effective date: June 24, 2013 eight hours per day from the due date of the final payment until the final payment is made, up to a maximum of 30 days. Senate Bill 602 Senate Bill 677 authorizes seasonal Waldo Lake farmworkers to be paid no later than noon the day after termination of employment Waldo Lake, located at an elevation of 5,414 provided that it is the end of harvest season, feet near the crest of the Cascade Range, is the employer operates a farmworker camp, one of the largest natural lakes in Oregon. Waldo Lake’s surface area is 6,298 acres,
12 and the farmworker is provided housing at no Senate Bill 830 cost until paid.
Gill net fishing Effective date: January 1, 2014
On August 9, 2012, Governor Kitzhaber sent Senate Bill 737 a letter to the Chair of the State Fish and Wildlife Commission and the Director of Funding for ocean and coastal research Department of Fish and Wildlife (ODFW) Under the federal Outer Continental Shelf directing the Commission and ODFW to Lands Act (OCSLA), the U.S. Secretary of work with their counterparts in Washington the Interior administers mineral exploration to complete the necessary rulemaking to and development of submerged lands three to transition commercial gill net fisheries out 200 miles from the shore and distributes a of the mainstem Columbia River and into share of receipts from leases to adjacent enhanced off-channel fishing areas. ODFW states. In 1985, OCSLA was amended to subsequently began a rulemaking process to share revenues from oil and natural gas reform fisheries on the lower mainstem generated between three to six miles Columbia River. offshore, with states receiving 27 percent of the revenues. In 2005, Congress added Senate Bill 830 authorizes ODFW to marine renewable energy to the revenues establish an annual Columbia Basin salmon, shared with the states under OCSLA. steelhead and sturgeon recreational fishing endorsement to provide monies for the In 2009, House Bill 3106 created the Oregon Columbia River Fisheries Enhancement Task Force on Nearshore Research to Fund. The new endorsement fee is repealed recommend long-term funding and on January 2, 2022. The measure also coordination strategies for implementing the repeals provisions related to taking food fish nearshore priorities of the state including by fixed fishing gear or seines, and research and monitoring; management and implements the Columbia River Fisheries policy formation; and education and Transition Program using monies in the outreach. The Task Force recommended Columbia River Fisheries Transition Fund. creating a trust to provide a funding The Department will use $500,000 of this mechanism to support the implementation of appropriation for grants to counties that the Nearshore Strategic Plan and identified establish their own programs to compensate research and monitoring needs. commercial fishers that are economically harmed by the ban on gill net fishing. Senate Bill 737 establishes the Oregon Ocean ODFW is directed to use adaptive Science Trust to promote ocean and coastal management actions if objectives of the resource research and monitoring. The Commission’s gill net ban prove less measure also creates the Oregon Ocean effective than anticipated. Science Fund, which includes monies received from the federal government under Effective date: July 25, 2013 OCSLA, to support Trust activities. The Trust is to report biennially on its progress to the Legislature.
Effective date: August 14, 2013
13
Senate Bill 835 system operator is already allowed to divert under its existing water right. Recent
advances in hydropower technology have Rodeo activities and equine tripping resulted in more viable options for
agricultural, municipal, and industrial water Rodeo is a competitive sport that arose out suppliers and users to pursue in-conduit of the working practices of cattle herding. hydropower in Oregon. Today’s rodeos consist of events that involve horses and other livestock, designed Fish passage is a key component to many to test the skill and speed of the human facets of fisheries resource management. cowboy and cowgirl athletes who Connectivity between aquatic habitats is an participate. At least seven states have important part of protecting successful and prohibited rodeos from including the event healthy fish populations. In February 2013, of horse tripping, which involves intentional the Department of Fish and Wildlife use of a rope or lasso on the legs of a horse. (ODFW) released an updated fish passage
priority list which includes 534 high priority Senate Bill 835 prohibits a state law from fish passage barriers, with an additional 55 being applied in a manner that affords less barriers characterized as significant but favorable treatment for the conduct of or needing more data. participation in rodeos than for other organized exhibitions. The measure also Senate Bill 837 creates the Fish Passage designates equine tripping as a Class B Restoration subaccount within the Fish misdemeanor if, for purposes of rodeo, Passage Fund and requires ODFW to use the contest, exhibition, entertainment or sport or subaccount to fund priority fish passage as practice for rodeo, contest, exhibition, restoration projects. The measure creates the entertainment or sport, a person intentionally Fish Passage Task Force to advise ODFW ropes or lassos the legs of an equine, regarding projects to be funded by the intentionally causing the equine to trip or subaccount. Five years after the measure’s fall. The measure provides an exception in effective date, the Water Resources cases where the activity is conducted for Department is directed to work with ODFW veterinary care purposes. to review the expenditures from the
subaccount as well as the adequacy of a fee. Effective date: January 1, 2014 The measure outlines conditions under
which a certificate to use water for Senate Bill 837 hydroelectric purposes within an artificial delivery system must include a condition Exemptions for fish passage requirement for requiring fish passage. in-conduit hydro projects Effective date: July 25, 2013 In-conduit hydropower projects use technology that is installed in a water Senate Bill 838 delivery canal or pipeline to generate electricity using water that is already being Recreational and small scale placer mining diverted for an approved beneficial use. These projects do not use additional water Both the Department of Environmental beyond the amount that the water delivery Quality (DEQ) and the Department of State
14
Lands (DSL) regulate recreational and small recommendations to the Legislative scale placer mining in Oregon. Currently, a Assembly by November 2, 2014. general authorization from DSL is required for activities involving less than 25 cubic Effective date: August 14, 2013 yards of removal and fill annually in essential salmon habitat (ESH); an individual removal-fill permit is required for LEGISLATION NOT recreational placer mining in state scenic ENACTED waterways, activities that do not qualify for the general authorization, and activities that involve 50 cubic yards or more of removal House Bill 2175 and and fill in non-ESH waterways. A National House Bill 2532 Pollutant Discharge Elimination System (NPDES) general water quality discharge Labeling of food containing genetically permit issued by DEQ covers suction modified material dredges and in-water, non-motorized mining equipment such as hand sluice boxes and House Bills 2175 and 2532 would have rocker boxes for recovering precious metals required the labeling of foods that contain, or or minerals from stream bottom sediments. are produced using, genetically engineered Operators of in-water mining equipment do material. Under the bills, packaged food not need to register and pay a fee for would be identified as misbranded if it coverage, but must follow applicable permit contains or was produced using genetically conditions. An individual NPDES permit is engineered materials and the label does not required for metal mining activities with include a clear and prominent statement to wastewater discharges to Oregon waters that that effect. do not qualify for a general NPDES permit. Genetically engineered foods are created by Senate Bill 838 imposes certain restrictions inserting genetic material from one or more and conditions on placer mining between organisms into the genetic code of another January 1, 2014 and January 2, 2016 and organism using modern genetic engineering sets a limit of 850 permits that DSL may techniques. issue for placer mining during this period. These restrictions are repealed on January 2, House Bill 2516 2016, when a moratorium is imposed until January 2, 2021 on placer mining in OWEB grant funding specified rivers containing essential indigenous salmon habitat or naturally The Oregon Watershed Enhancement Board reproducing populations of bull trout. Senate (OWEB) operates a grant program to help Bill 838 also directs the Governor’s Office Oregonians restore and protect rivers and to work with state agencies and other wetlands. OWEB is led by a 17-member interested parties to conduct a study and citizen board drawn from the public at large, make recommendations for a revised tribes, and federal and state natural resource regulatory framework for suction dredge agency boards and commissions. The mining. The Governor’s Office is to report Watershed Conservation Fund and the the results of the study and Watershed Conservation Grant Fund comprise the majority of OWEB’s funding and are currently used for either agency
15 operations or providing grants to local House Bill 2624 would have allowed the use watershed groups. of dogs to hunt cougars in a county if voters in that county approved a local ballot House Bill 2516 would have authorized measure exempting the county from the ban. OWEB to establish a program through the Department of Education to provide funds to House Bill 2841 educate elementary school students concerning the protection and restoration of Recreational and small scale placer mining native fish or wildlife habitats, watersheds, or ecosystems. Both the Department of Environmental Quality (DEQ) and the Department of State Lands (DSL) regulate recreational and small House Bill 2530 scale placer mining in Oregon. Genetically engineered fish House Bill 2841 would have required Genetically engineered fish carry and agencies to consult with potentially affected transmit one or more copies of a recombinant parties at least 30 days prior to adopting DNA sequence (i.e., a DNA sequence rules or issuing orders affecting recreational produced in a laboratory using in vitro or small scale mining, and also would have techniques). The U.S. Food and Drug required the agencies to consider “all Administration (FDA) issued a draft reasonably available and relevant scientific environmental assessment for public studies” before adopting rules or issuing comment regarding the FDA’s review of orders related to that type of mining. genetically engineered Atlantic salmon. The FDA’s preliminary finding is that an House Bill 3251 approval of this application, under specific conditions proposed in the application, would Motor vehicle and ATV use on state not have a significant impact on the U.S. waterways environment. The comment period closed on April 26, 2013. The State Land Board is composed of the Governor, Secretary of State and State House Bill 2530 would have prohibited the Treasurer. Oregon's Constitution directs the importation or transport of genetically Land Board to manage lands under its engineered fish in Oregon. jurisdiction to obtain the greatest benefit for the people of Oregon, consistent with House Bill 2624 resource conservation and sound land management. The Board oversees the County approval for use of dogs to hunt or Common School Fund and state lands pursue cougar dedicated to providing revenue for the fund. Oregon Ballot Measure 18 (1994) banned House Bill 3251 would have prohibited the use of dogs while hunting or pursuing persons from operating motor vehicles over black bears or cougars, with exceptions for 200 pounds and Class I, II, III, and IV all- employees or agents of county, state, or terrain vehicles in the beds or banks of any federal agencies acting in their official waterway in Common School Forest Lands capacities. or the Elliott State Forest. The measure would have provided numerous exemptions,
16 including persons operating vehicles owned counties and 55 percent for state parks by the state, a local government, or the starting on July 1, 2013. federal government; boat operators; and licensed hunters who are hunting in Senate Bill 474 compliance with the law. Raccoons House Bill 3492 Under current law an officer is authorized to Air toxics regulation issue a written notification to any person who places, scatters, or stores food, garbage Air toxics include diesel soot, benzene, or any other attractant so as to knowingly polycyclic aromatic hydrocarbons (tar-like constitute a lure, attraction, or enticement by-products from auto exhaust and other for potentially habituated wildlife, which is sources commonly called PAHs), and metals defined as a bear, cougar, coyote, or wolf. A including manganese, nickel, and lead. Air person receiving the notification must toxics come from a variety of sources remove the attractant within two days. including cars and trucks, all types of burning, businesses and industries of all Senate Bill 474 would have added raccoon sizes, and consumer products such as to the list of potentially habituated wildlife. solvents and pesticides. House Bill 3492 would have required major Senate Bill 633 hazardous air pollutant sources to create a plan to analyze internal processes and State preemption of local seed and seed determine if there are any cost-effective product regulations ways to lessen or completely avoid the Agriculture is a key traded sector in Oregon, generation of toxic air pollutants. ranking first in volume and second in value of exported products. More than 220 Senate Bill 331 different agricultural commodities are commercially produced in the state. In 2011, Distribution of recreational vehicle fees grass seed was ranked as the sixth top between state and county parks agricultural commodity in Oregon for value Recreational vehicle fees are distributed to of agricultural and fishery production, while state and county parks for the operation and vegetable and flower seeds were ranked maintenance of campgrounds and related 22nd. facilities. Prior to 2007, counties received 30 Senate Bill 633 would have reserved the percent of the funds and the Oregon Parks regulation of agricultural, flower, vegetable, and Recreation Department received the and nursery seed and products to the state. remaining 70 percent. In 2007, Senate Bill The measure would prohibit a local 29 increased the distribution to counties to government from enacting or enforcing a 35 percent until July 1, 2015; thereafter, the local measure or law that inhibits or distribution to counties is set to revert to 30 prevents the production or use of the seed or percent. seed products. The measure does not Senate Bill 331 would have changed the prohibit local governments from regulating distribution percentage to 45 percent for the production or use of these seed or seed
17 products for lands the local government measure was not enacted, the 2013 owns. Legislative Assembly did approve $1.2 million for fermentation programs at OSU. Senate Bill 816 Senate Bill 846 Fermentation sciences research and workforce programs Umatilla Basin Water Storage Program
The Oregon Agricultural Experiment Station Farmers in the Umatilla Basin, which is a statewide research network of Oregon includes some of Oregon's most productive State University (OSU) scientists conducting agricultural land, have been seeking research in the agricultural, biological, social, additional irrigation water for more than 20 and environmental sciences. Research faculty years. Heavy irrigation water use has collaborate with businesses, growers, and dropped basin aquifers by up to 500 feet in a others to identify and perform valuable matter of decades, among the steepest agricultural research. OSU also offers courses declines worldwide. A carbon-dating study through its Fermentation Sciences Program, showed wells had reached water that had which focuses on the use of microorganisms been underground for 27,250 years. as processing agents in the production of wine, beer, cheese, yogurt, breads, and other Senate Bill 846 would have required the fermented products. Water Resources Department (WRD) to Senate Bill 816 would have established the establish the Umatilla Basin Water Storage Agricultural Experiment Station Program for developing water resources in Fermentation Sciences and Value Added Willow Creek, Walla Walla, and Umatilla Program at OSU to provide science-based watersheds to increase water supplies in research and innovation support to the wine, northeastern Oregon and to provide liaison cheese, microbrew, distilled spirits, and services between parties wishing to engage artisan bread industries in Oregon. The in water-related transactions that may affect measure would have appropriated $2.5 water supplies. million from the General Fund in the biennium starting July 1, 2013. While this
18
Business and Commerce
19
House Bill 2059 must be registered with the Oregon Department of Transportation (ODOT).
Regulating consignment sales House Bill 2066 allows off-road vehicles that do not require registration with ODOT; House Bill 2059 adds consignment sales, trailers meant to carry a boat, snowmobile, or including estate sales run by a third party, to all-terrain vehicle; and farm equipment to be statutes governing auctions, auctioneers, and used as a pledge on a pawnbroker loan. auction markets. Under the bill, a consignee Automobiles and motorcycles are still must provide certain information in prohibited from being used as a pledge. The advertisements for sales, hold a consignor’s measure requires the pawnbroker to note in money in trust after the sale, refrain from the record if a lien search of the pledge was self-dealing, and return all monies held in conducted. If more than one person claims trust or unsold property to the consignor redemption rights, the measure protects the within 21 days of the sale. Violations of pawnbroker from liability for refusing to these requirements constitute Unlawful deliver the pledge until the issue has been Trade Practices. adjudicated unless the pawnbroker failed to verify whether the pledged boat, vehicle, or Consignment sales are the sale of personal trailer was subject to a lien. The measure also property by a third party, the consignee, on requires pawnbrokers to hold boats, vehicles, behalf of the property’s owner, the and trailers in a gated, secured facility. consignor. Consignment sales include estate sales and retail consignment stores. Prior to Effective date: January 1, 2014 the enactment of House Bill 2059, personal property consignment sales were not House Bill 2296 regulated. The Department of Justice reported over 270 complaints in five years Benefit companies relating to consignees failing to pay monies owed to consignors. The fiduciary duty of corporate officers and
directors has been narrowly defined in court Effective date: January 1, 2014 decisions over the last several decades,
which has had the effect of limiting the House Bill 2066 ability of businesses wishing to embrace larger purposes beyond financial success. Vehicles as pledges for pawnbroker loans Twelve states have passed legislation to allow benefit corporations to form, often with The Department of Consumer and Business the implied purpose of attracting socially Services regulates and licenses pawnbrokers, conscious businesses. who make loans where personal property is pledged and the rate of interest exceeds 10 House Bill 2296 creates a new corporate percent per annum. To reduce the trafficking status known as a “benefit company” or “B- of stolen goods, the law requires the Corp.” The benefit company status allows pawnbroker to create a record for each for-profit businesses to pursue social, transaction and deliver the record to the local educational, and/or environmental goals in police agency within three days of the tandem with financial goals. A benefit transaction. Under current law, a pawnbroker company now has latitude to define for itself cannot accept as a pledge any vehicle that the public benefits it seeks to pursue, such as
20 environmental stewardship or enhanced House Bill 2524 employee benefits. The measure provides for both the creation of new benefit Limits Construction Contractors Board companies as well as the conversion of license exemptions existing business organizations into benefit companies. The Construction Contractors Board (CCB)
is responsible for safeguarding the security Effective date: January 1, 2014 and property of the citizens of Oregon by
preventing and resolving construction House Bill 2443 contracting problems and by insuring contractors' compliance with the law. The Wine growlers CCB licenses residential and commercial construction contractors, subcontractors and The term “growler” refers to a reusable home inspectors; investigates and container (typically made of glass, plastic or adjudicates complaints filed against other durable material) that can be used to licensees; and imposes sanctions against provide secure transport of alcoholic unlawful contractors. Consumers lose the beverages from premises licensed by the ability to recover damages through the Oregon Liquor Control Commission contractor’s bond as well as the CCB (OLCC) by customers. A growler can be Dispute Resolution Service if they use an provided by the customer, or may be unlicensed contractor. purchased from the licensee, and must be securely covered and hold no more than two Prior to passage of House Bill 2524, any gallons of product. Brewpubs have been person working on a project or structure in authorized to provide malt beverages in which the price of all contracts combined growlers since 2001. amounted to less than $500 was exempt from the licensure requirement. House Bill Oregon’s wine industry has become a 2524 raises the $500 threshold to $1,000. significant segment of the state’s economy, There also existed an exemption for with approximately 900 vineyards and 450 commercial lending institutions and surety wineries statewide contributing roughly $2.7 companies that arrange for the completion, billion annually in economic value. In recent repair, or remodel of a structure. House Bill years, more wineries have begun packaging 2524 expands the exemption to include their wine in kegs, in addition to holding companies and subsidiaries but conventional glass bottles, which allows for requires that the construction work be convenient serving at restaurants and other performed by licensed contractors and only retail establishments. House Bill 2443 on a structure in which the financial allows certain OLCC licensees to provide institution, subsidiary, or company holds a wine and cider to customers in growlers, legal or security interest. Real estate with similar requirements and restrictions as licensees were also exempt from the CCB those that apply to beer growlers. licensure requirements when performing work on a structure that the licensee Effective date: April 11, 2013 manages under a contract. House Bill 2524 specifies that the real estate licensee must be engaged in the management of rental real estate. Prior law also exempted any business
21 that supplies personnel to a CCB-licensed specifically for evading any of the following contractor. House Bill 2524 clarifies that the obligations: income taxes, Social Security business supplying the personnel must be a contributions, unemployment insurance worker-leasing company or a temporary taxes, workers’ compensation premiums, service provider. wage and hour laws, occupational safety and health laws, child support, alimony, Effective date: January 1, 2014 judgments, garnishments, or other laws or debts identified by the CCB by rule. House Bill 2540 House Bill 2540 also adds unpaid wages to
the definition of “construction debt,” thereby Disciplinary actions for construction allowing the CCB to refuse, revoke or contractors suspend licensure if a person has failed to
pay wages. Oregon law requires anyone who performs construction activities involving Effective date: January 1, 2014 improvements to real property, for compensation, to be licensed with the Construction Contractors Board (CCB). House Bill 2613 Activities to which this applies include roofing, siding, painting, carpentry, Wagering on historical horse races concrete, on-site appliance repair, heating and air conditioning, home inspections, tree “Mutuel” wagering is a system in which service, plumbing, electrical, floor covering, wagers on the outcome of a race are placed installation of manufactured dwellings, and into a wagering pool allowing the land development. participants to wager with each other, rather than against the operator. Mutuel wagering Licensure requires completion of at race courses in Oregon, as well as off- prerequisite training and passage of a track mutuel wagering, are permitted under statewide test. Applicants must then file an Oregon Laws 1987, Chapter 913. assumed business name, corporation or limited liability corporation with the In 2008, Portland Meadows requested that Secretary of State, obtain a surety bond and the Oregon Racing Commission allow it to provide proof of general liability insurance, add a form of wagering on historical horse provide evidence of workers’ compensation races, through a program known as and other employer account numbers, and “Thoroughbred Mania,” to its previously submit a completed application to the CCB. approved race meet license. The The application fee is $325 and the license is Commission denied the request, in part on good for two years. the grounds that Thoroughbred Mania is not considered a form of mutuel wagering Under current law, the CCB has the permitted under Oregon law. The authority to revoke, suspend or refuse to Commission also stated that its own issue or renew a license for a variety of authority to approve mutuel wagering on reasons. House Bill 2540 allows the Board horse races was limited to live racing, either to revoke, suspend or refuse to issue or on-site or off-track, and that it had no renew a license in cases where the authority to approve wagering on historical licensee/applicant demonstrates dishonesty, races. The Commission’s decision was
22 upheld by the Oregon Court of Appeals in process and issue licenses. The directory is 2009, on the basis that the Commission’s to be made available on the Internet to the authority was limited to live races. public free of charge.
House Bill 2613 permits historical races as a Effective date: July 1, 2013 form of mutuel wagering and expands the Oregon Racing Commission’s jurisdiction House Bill 2654 over such wagering. The measure applies to holders of Class A mutuel wagering Employer access to workers’ social media licenses, with the exception of organizations accounts that fall under ORS 462.057(2), including the Pendleton Roundup, the Eastern Oregon House Bill 2654 prohibits employers from Livestock Fair, the Pacific International requiring employees and job applicants to Livestock Exposition, and county fairs; this provide access to personal social media has the result of making the measure accounts and prohibits retaliation for refusal applicable only to Portland Meadows. to disclose such information. The measure
also prohibits employers from requiring Effective date: January 1, 2014 employees or applicants to add the employer
as a contact associated with the social media House Bill 2643 site. The measure allows employers to conduct investigations and does not prohibit Oregon License Directory accessing publically available information.
To assist businesses, the Secretary of State Over 78 percent of Americans access the provides an online license directory internet and of that group, 67 percent access (http://licenseinfo.oregon.gov/) containing a social media account. National media information on state licenses, certifications, sources have reported instances of permits, and registrations. The site also employers requiring employees or job includes federal license summary seekers to turn over social media account information. Cities, counties, and regional usernames and passwords to the employer as jurisdictions began entering license a condition of employment. House Bill 2654 information on a voluntary basis in 2005. As prohibits this practice. of August 2, 2013, the directory contained 1,188 entries made by 113 agencies, which Effective date: January 1, 2014 included only three counties and five cities. House Bill 2706 The measure directs the Office of the
Secretary of State to maintain the Oregon Self-service storage facility foreclosure sales License Directory, providing information on and late fees all known licenses, certifications, permits, and registrations for which fees are imposed A self-service storage facility owner may on small businesses by local and state place a lien on the personal property being agencies. State and local agencies are stored until rent and other charges and required to report annually on various expenses are paid. Current law requires the licensing and fee statistics to the Secretary facility owner to send, by certified or of State, including the average time to
23 registered mail, a notice of the foreclosure for authority to allocate federal tax credits to sale to the renter. The facility owner is investors in qualifying projects. Entities that allowed to dispose of the property in any receive tax credit allocation authority from manner if it is valued at less than $100; if the U.S. Treasury Department are eligible to the property is valued higher than $100, a allocate credits through Oregon’s NMTC foreclosure sale must be held and notice program. must be published twice in a newspaper of general circulation. After the sale, the Investors earn tax credits by making facility owner may satisfy the lien and qualified equity investments. Under the collect reasonable expenses from the current program, only $4 million in qualified proceeds of the sale. Any money remaining equity investments may be used for a single from the sale must be held by the facility project; House Bill 2763 increases the owner for two years; if not collected by the maximum to $8 million. The measure also storage customer, the money is deemed outlines additional clarifications regarding abandoned and is to be delivered to the the program, including that qualifying Department of State Lands as required by community development entities must ORS 98.352. receive cash investments and issue qualified equity investments on or before the 60th day House Bill 2706 raises the threshold for a following receipt of a certification notice. foreclosure sale on the contents of self- storage units from $100 to $300, thus Effective date: October 7, 2013 allowing the facility owner to dispose of property valued at less than $300. House Bill 2845 Additionally, the measure allows the foreclosure notice to be sent to the property Insurance sold by self-service storage owner by e-mail. The measure also facilities expressly allows the rental agreement to include provisions for a monthly late fee not Under Oregon law, the rental agreement for to exceed $20 or 20 percent of the monthly a self-service storage facility unit must rental rate. specify whether or not the personal property
of the renter is covered by the insurance held Effective date: January 1, 2014 by the facility owner. Without an Oregon
license to sell insurance, a self-service House Bill 2763 storage facility cannot offer or sell insurance to protect the personal property of the renter. Oregon New Markets Tax Credit House Bill 2845 allows the owner of a self- The Oregon Low Income Community Jobs service storage facility to apply for a limited Initiative, commonly referred to as the license to sell personal property insurance to Oregon New Markets Tax Credit (NMTC) renters of self-service storage units. The program, is a financing tool to incentivize limited license only covers insurance for business investment in low-to-moderate personal property that is lost or damaged at income communities. The Oregon program the self-service storage facility. The measure is modeled after the federal New Markets requires the licensee to disclose the material Tax Credit, which allows certified terms of the insurance contract, the process community development entities to apply for filing a claim, costs connected with the
24 insurance, and statements that other serve alcohol in Oregon. Oregon is a control insurance held by the renter may provide state, with the exclusive right to sell coverage for the property and that the renter packaged distilled spirits through a is either not required to obtain insurance or statewide distribution center in Portland and may use a different insurance source than 242 retail liquor stores operated by the owner of the facility. The licensee must contracted liquor agents. Licenses are issued provide approved training to any employees to private businesses for the sale of that sell insurance on the licensee’s behalf. packaged beer and wine and to restaurants, The Department of Consumer and Business bars, and taverns for the sale of beer, wine, Services provides oversight of licensing, and distilled spirits by the glass. The training, and revocation or suspension of Commission issues a variety of licenses, licenses. based on the type of business operated by the licensee. Effective date: June 4, 2013 Current law allows a distillery licensee to House Bill 3409 conduct tastings at the licensed premises of the distillery and at one other premise
owned or leased by the licensee. The Provision of natural hair care distillery licensee may also hold a full on-
premise sales license, which also allows House Bill 3409 creates the field of practice tastings to occur on the premises so licensed. of natural hair care, separate from the OLCC may allow the off-premises (“to-go”) practice of hair design, and authorizes the sale of distilled spirits bottles at premises Oregon Health Licensing Authority and approved for tastings. In order to sell Board of Cosmetology to develop standards distilled spirits by the bottle at a tasting for providers of natural hair care. room, OLCC and the distillery licensee must
enter into a Distillery Retail Outlet Agent Natural hair care involves using hands or Agreement. OLCC requires a physical simple devices to braid, twist, weave, or separation of the tasting room from the wrap hair without the use of chemicals. In portions of the premises where on-premises order to practice natural hair care under consumption is allowed in cases where to-go prior law, an individual had to obtain a hair bottle sales are permitted. design license, which requires 1,450 hours of education and training. House Bill 3435 allows a distiller to lease or
own up to five premises at which the Effective date: June 4, 2013 distiller conducts tastings, in addition to the
licensed tasting room at the distillery. House Bill 3435 Effective date: January 1, 2014 Expands number of locations for distillery tastings House Bill 3459
Instituted in 1933 following the repeal of Office of Small Business Assistance prohibition, the Oregon Liquor Control
Commission (OLCC) licenses businesses The Secretary of State is a statewide elected that import, manufacture, distribute, sell, or official responsible for, among other duties,
25 registering businesses operating in Oregon bill for services provided previously can be and conducting audits. In addition, the issued up to six months after the fact in Office of the Secretary of State conducts cases where an exact date cannot be special investigations regarding potential identified, or up to three years later in cases misuse of state resources. Its investigations where the exact date of usage for which may occur at state agencies, or may involve billing did not occur previously can be local governments or contractors receiving identified. state or federal funds from state agencies. Citizens, businesses, and government Senate Bill 237 provides an exception for employees may report government waste, collection of underbilled amounts in cases fraud, or abuse to the Audits Division by where actions of a customer, through phone, internet, or mail. misrepresentation, tampering with a device, diversion of product or services, providing House Bill 3459 creates the Office of Small false information, or theft, resulted in the Business Assistance within the Office of the customer receiving unbilled or incorrectly Secretary of State with two primary billed services. The measure also sets functions: facilitate interactions between statutory limits on collection of incorrect small businesses and state agencies, and billings. conduct reviews and investigations of unresolved complaints received from small Effective date: January 1, 2014 businesses with respect to interactions with state agencies. The measure defines a small Senate Bill 241 business as a prospective, new, or established business with 100 or fewer Commercialization of university-based employees that is or will be located in research Oregon. The measure also prohibits penalizing, sanctioning, or restricting a Research performed at universities generates person who makes a complaint or ideas and breakthroughs that represent participates in an investigation. potential commercial and societal value,
particularly in the areas of science and Effective date: July 29, 2013 technology. The transition from academic
research to commercially viable business Senate Bill 237 opportunities may benefit from management expertise, information resources, appropriate Underbilling by public utilities facilities, and improved access to capital for fledgling companies. While the traditional Senate Bill 237 addresses instances in which model involved licensing university a public utility underbills a customer research, the “business accelerator” concept (charging less than the customer was offers a more robust support structure for supposed to owe for provision of the utility ventures building on university research. services) or overbills a customer for a specific period of time. Erroneous billing Senate Bill 241directs the Oregon Business can result from a number of causes, such as Development Department (OBDD) to faulty or misread meters or mathematical facilitate regional collaboration between the errors. Under current administrative rules University of Oregon, Oregon State adopted by the Public Utility Commission, a University and the Oregon Solutions
26
Network in Lane, Linn, and Benton counties loans to, qualified project sponsors for for the purpose of assisting technology- development of certified regionally significant based startup businesses in Oregon whose industrial sites. The measure allows OBDD to primary purpose is the commercialization of forgive up to 50 percent of the loans when a university-based or university-assisted project sponsor contracts with an eligible research. The measure authorizes OBDD to employer who sites employees on the site. The enter into agreements and contracts program limits the amount of loan forgiveness necessary to implement and accomplish to 50 percent of eligible site preparation costs, these objectives. The Department, the two or to an amount equal to 50 percent of the universities, and the Oregon Solutions estimated incremental income tax revenues Network are directed to report to legislative associated with the eligible employer’s tax reimbursement arrangements. Under the committees related to business and program’s tax reimbursement arrangements, economic development during the 2015 project sponsors may receive up to the full Session regarding implementation of the amount of their eligible site preparation costs, measure’s provisions. plus interest. Payment to the project sponsor, in a particular year, is equal to 50 percent of Effective date: January 1, 2014 the estimated incremental income tax revenues associated in that year with the eligible Senate Bill 246 and employer’s on-site employees.
Senate Bill 253 Effective date: October 7, 2013
Senate Bill 253 establishes the Oregon Oregon Industrial Site Readiness Program Industrial Site Readiness Assessment and Oregon Industrial Site Readiness Program, as well as the Oregon Industrial Site Assessment Program Readiness Assessment Program Fund, also under the auspices of the OBDD. The program Oregon currently suffers from a shortage of provides grants to help public entities perform large sites available for industrial due diligence assessments and create detailed development. Such sites are considered an plans for regionally significant industrial sites, integral part of efforts to expand and both publicly and privately owned. The Fund improve the state’s economy and to attract may also be utilized to help public entities and retain large employers to the state. develop industrial land inventories and to However, land use considerations, prioritize sites for future due diligence connections to utility services, and assessments and site preparation assistance. transportation systems and environmental permitting, among other considerations, may Effective date: January 1, 2014 constitute barriers to development. Senate Bill 414 Senate Bill 246 establishes the Oregon
Industrial Site Readiness Program, including the Oregon Industrial Site Readiness Program Allowing Department of Consumer and Fund. The measure continuously appropriates Business Services to require insurer pay monies in the Fund to the Oregon Business restitution to policyholder Development Department (OBDD) and allows the Department to enter into tax Oregon law gives authority to the Director reimbursement arrangements with, and make of the Department of Consumer and
27
Business Services (DCBS) to impose fines Bar. As a result of the measure, the Oregon or civil penalties against an insurer to Zoo will be required to undergo regular enforce the Insurance Code. DCBS may also health inspections at its restaurant facilities. refer a suspected violation of the Insurance Code to the Attorney General or a district Effective date: January 1, 2014 attorney. Prior to enactment of Senate Bill 414, DCBS did not have the authority to Senate Bill 678 require an insurer pay a claim or order restitution be paid to a policyholder. Exclusive remedy protection under workers’
compensation statutes Senate Bill 414 gives DCBS the authority to seek restitution and other equitable relief on Oregon law requires most employers to behalf of consumers who suffer damages as obtain and maintain workers’ compensation a result of an insurer’s violation of the insurance coverage when they employ Insurance Code. workers subject to the requirement. This
coverage protects employers from personal Effective date: July 3, 2013 liability and provides guaranteed benefits to
workers when they are hurt on the job. This Senate Bill 631 protection is referred to as the “exclusive remedy” protection because the workers’ Health inspection of food and lodging compensation system provides the exclusive facilities operated by public bodies remedy for an injured worker. The exemption from liability is for the employer Oregon law requires a person operating a as well as the employer’s contracted agents, restaurant or bed and breakfast facility to employees, officers, and directors. In 2011, obtain a license from the Oregon Health the Oregon Court of Appeals ruled that this Authority and undergo inspection of the exclusive remedy protection did not apply to facility every six months. Current law, members of limited liability corporations however, specifies that the law only applies that employed the injured worker because to “persons,” which includes individuals, statute did not explicitly list them as eligible corporations, associations, firms, for the protection (Cortez v. NACCO partnerships, limited liability companies, Materials Handling Group, Inc., 2011). The and joint stock companies. ORS 174.109 case is currently before the Oregon Supreme defines “public bodies,” but that definition is Court. not found in the restaurant licensing and inspecting statutes. As a result, some Senate Bill 678 extends the exclusive facilities that are operated by a public body, remedy exemption to include the employer’s such as the Oregon Zoo, are not required to partners, limited liability company members, undergo regular health inspections. general partners, limited liability partners, and limited partners. Senate Bill 631 defines “person” for the purpose of food service facility licensing Effective date: June 24, 2013 and inspection requirements to specifically include public bodies as defined in ORS 174.109, as well as the Oregon Health and Science University and the Oregon State
28
Senate Bill 683 testing on construction laws and business practices. The Legislative Assembly
instituted continuing education requirements Health care practitioner disclosure of for all contractors with the passage of House financial interest in health care facility Bill 2654 (2007). A second measure that
session, House Bill 3242, created separate Under current law, a health care practitioner continuing education programs for with a financial interest in a facility must residential contractors and commercial disclose that financial interest to patients contractors. The CCB adopted rules for the prior to referring a patient to that facility for requirement after working with industry and treatment. A financial interest is defined as other stakeholders. Commercial contractors five percent or greater ownership interest in are required to complete between 16 and 80 the entity to which the patient is being hours of continuing education during their referred. two-year license period, depending on their
commercial endorsement; residential Senate Bill 683 requires practitioners to contractors must complete 16 hours of consider only a patient’s clinical needs and continuing education, including eight hours personal choices when referring a patient to in mandatory subject areas (building exterior a facility for treatment. The measure shell training, building codes, CCB laws and requires written and oral disclosure of a regulations) and eight hours in elective practitioner’s financial interest at the time of subject areas. referral and prohibits the denial, limitation or withdrawal of a referral because of the Senate Bill 783 repeals current statute patient’s choice to utilize an alternate applicable to the Construction Contractors facility, except in certain circumstances. The Board related to education and training measure also directs the Oregon Health program approval, continuing education Authority to specify the form and manner of rules and fees, and exemptions from provider notice by rule and authorizes the continuing education requirements and Oregon Health Licensing Agency or requires the CCB to adopt rules establishing appropriate board to investigate and a continuing education system for residential discipline violations of the measure. contractors that includes minimum standards
for the approval of continuing education Effective date: January 1, 2014 providers and continuing education courses.
The measure allows the CCB to enter into Senate Bill 783 paid licensing agreements with approved continuing education providers for the use of Construction contractor continuing board-developed classes and materials and education allows the CCB to set fees for the approval of continuing education providers, the The Construction Contractors Board (CCB) approval of courses, the approval of licenses and regulates residential and specialized education courses, continuing commercial construction contractors, as well education courses provided by the CCB, and as subcontractors and home inspectors, for per-student, per-course completed fees. It the State of Oregon. The Board investigates also sets out the general requirements for and adjudicates complaints filed against continuing education of residential licensees, assesses sanctions where contractors for license renewal including applicable, and provides education and
29 three hours of instruction in laws, single secondary location for cold storage regulations, and business practices from the and to transport the product between the two CCB or using materials developed and facilities. Senate Bill 795 also allows licensed by the CCB by approved providers growlers of wine, cider, and malt beverage and an additional five hours of continuing to be sold by special event licensees and to education provided by approved continuing be filled by those holding a temporary education providers using courses that the service permit. Growlers are containers that CCB approves. Additional continuing hold no more than two gallons and are education is required of residential supplied by the consumer. In addition, the contractors with six or less consecutive measure allows patrons of wineries to take years of licensing by the CCB. The measure home a partially consumed bottle of wine, as allows CCB to grant exceptions to is currently allowed in restaurants. continuing education requirements under certain circumstances. Effective date: June 26, 2013
Effective date: August 1, 2013 Senate Bill 836
Senate Bill 795 Regulation of makeup artists
Beer and wine growlers sold by special The Oregon Board of Cosmetology is one of event licensees 11 boards administered by the Oregon Health Licensing Agency. The Agency is A brewery-public house license issued by charged with protecting the health, safety the Oregon Liquor Control Commission and rights of Oregon consumers by ensuring authorizes the holder to make and sell malt that only qualified applicants are authorized beverages, to export those beverages to to practice. It establishes, communicates, locations outside Oregon, to distribute the and ensures compliance with regulatory malt beverages to wholesale licensees in standards for multiple health and related Oregon, and to sell malt beverages, wine professionals, inspects licensed facilities, and cider to individuals for consumption on- responds to and investigates consumer or off-site. It also allows licensees that make complaints, and disciplines practitioners. 5,000 barrels or less per year to sell and distribute malt beverages directly to retail Senate Bill 836 exempts makeup artists who licensees in Oregon. The annual fee for a provide hair, makeup, and other effects as brewery-public house license is $250, with part of theatrical productions, film an additional server education fee of $2.60 productions, and photo shoots from per server. Licensees are not required to regulation by the Oregon Board of serve food on premises, but if on-site Cosmetology and Oregon Health Licensing consumption occurs and the site Agency. The nature of the makeup effects accommodates minors, then consumption of for theatrical productions, such as those at alcohol must not be the predominant activity the Oregon Shakespeare Festival in Ashland, in locations where minors are allowed. and from productions such as the television show Grimm which is filmed in Portland, Senate Bill 795 authorizes holders of a are different from the work done by licensed brewery-public house license to store cosmetologists. In particular, the work of product produced at its brewery premise to a makeup artists is meant to be worn for only
30 short periods of time, and makeup artists do able to cancel or suspend a liquor license or not provide services to the general public. refuse to issue a license under specified circumstances, such as a premises or Effective date: May 16, 2013 licensee having a history of serious and persistent problems. LEGISLATION NOT House Bill 2008 would have allowed a city ENACTED to order the cessation of alcoholic beverage sales or other operations at specified OLCC- House Bill 2007 licensed premises for up to 72 hours in response to the reasonable belief that the
continued sales or operation presented an Lottery game retailers operating as casinos immediate threat to public safety. In
addition, the OLCC would have been The Oregon Constitution prohibits the authorized to place restrictions on the establishment of casinos; however, there is activities at licensed premises where there no statutory definition of “casino” for lottery was past history or current presence of game retailers. Oregon voters approved a problems. The measure would also have ballot initiative in 1984 to create a state allowed the OLCC to refuse to license, or to lottery operated by the Oregon Lottery cancel or suspend an active license, if there Commission. The Commission’s is a threat to public safety. Finally, House administrative rules currently define a Bill 2008 would have required that one of “casino” as a retailer whose annual lottery the five members of the Commission have sales exceed 50 percent of the retailer’s expertise in law enforcement or public gross income. safety.
House Bill 2007 would have added a statutory definition of “casino” as a lottery House Bill 2398 game retailer whose annual lottery sales exceed 50 percent of the retailer’s net Prohibits self-checkout sale of specified income. Use of net income as opposed to products gross income would likely deem more retailers as casinos. The measure would Self-checkout stations have gained have directed the Oregon State Lottery to popularity in stores such as Safeway, Fred terminate the contract of any retailer deemed Meyer, Costco, and Walmart. Customers are a casino. able to scan items, pay with cash or other forms of payment, and complete a House Bill 2008 transaction without the assistance of store personnel. Current law does not restrict what
can be sold through self-checkout stations. If Addressing the impacts of alcoholic an item, such as alcohol, can only be sold to beverages consumers of a specified age, the self-
checkout device is typically programmed to The Oregon Liquor Control Commission lock and alert the attending cashier to (OLCC) licenses qualified individuals and determine if proof of age is needed. One businesses to sell and serve alcoholic cashier will tend multiple self-checkout beverages. Under existing law, the OLCC is stations.
31
House Bill 2398 would have prohibited the expected to produce a positive net return, sale of cigarettes, tobacco, alcoholic then trust funds would have to be placed in a beverages, and over-the-counter or pooled interest-bearing trust account. The prescription pharmaceuticals to consumers accrued interest, net of reasonable costs, through the use of a self-checkout device. would have gone to a nonprofit corporation Violations would have constituted unlawful that provides legal assistance to persons of trade practices. lesser means, as opposed to first-time homebuyers or affordable housing House Bill 2608 developers.
Interest on escrow accounts House Bill 2702
Funds received by an escrow agent that are Alcohol impact areas to be delivered upon closing are trust funds that must be deposited in a federally insured The administrative rules of the Oregon account and kept separate and distinct from Liquor Control Commission (OLCC) allow funds belonging to the escrow agent. the Commission to designate an alcohol Current law allows, but does not require, impact area (AIA) in which the sale of trust funds received by an escrow agent to alcoholic beverages is restricted. There has be placed in interest-bearing accounts only been debate in recent years as to whether the with the written approval of all parties who OLCC has the statutory authority to have an interest in the funds. The earnings designate AIAs. In 1994, the OLCC asked may inure to the benefit of the escrow agent the Attorney General (AG) for guidance if approved in writing by all parties who regarding interpretation of the rule. The AG have an interest in the funds. As an determined that the OLCC had authority to alternative, if all parties provide written designate an AIA. In 2010, the City of approval, the funds may be placed in an Portland submitted to the OLCC a formal interest-bearing account and the earnings petition to create an AIA. In 2012, the inure to a nonprofit corporation that OLCC again asked the AG for guidance. provides assistance to first-time homebuyers This time the AG determined the OLCC or affordable housing developers. Similarly, lacked the authority to designate an AIA. through the mandatory Interest on Lawyer Trust Account (IOLTA) program in Oregon, House Bill 2702 would have established a lawyers place client funds that are too small process for the OLCC to adopt rules to allow or held for too short of a time to earn interest for declaring an alcohol impact area upon for the client, in a pooled interest-bearing the petition of a municipality. Within an trust account. The interest is then remitted to AIA, the OLCC would have been able to the Oregon Law Foundation, which awards restrict the off-premises sale of specific grants for charitable, law related purposes. alcoholic beverages. In some states, including Washington, escrow accounts are included in the IOLTA program.
House Bill 2608 would have required the placement of escrow trust funds in interest- bearing accounts. If the funds were not
32
Senate Bill 296 commissions develop and implement public policy, reflecting the state’s commitment to
the commodity industries integral to the Central warehouse license for wine economy of the state. Policies include distribution supporting persons engaged in the The Oregon Liquor Control Commission commodity industries, providing benefits to (OLCC), established by the Legislative the commodity industries, enhancing the Assembly in 1933, regulates the sale and image of Oregon commodities in order to service of alcoholic beverages in Oregon, increase overall demand, using mandatory ensuring that only qualified individuals and cooperative efforts to complement state, businesses are licensed to serve and sell federal, and international laws and alcoholic beverages. The OLCC offers liquor programs, increasing knowledge of the licenses for the sale, manufacture, import, or healthful qualities of Oregon commodities, distribution of alcohol; licenses can be annual and supporting and engaging in research (and renewable) or temporary/special-event programs and activities that benefit the licenses. Oregon commodities.
One type of license offered by the OLCC is Senate Bill 361 would have required an an off-premises sales license. This license institution that has received monetary allows the holder to sell factory-sealed assistance from a commodity commission containers of wine, cider, and malt beverages for certain intellectual property to obtain (the latter in containers no larger than 2.5 commission approval prior to disposing of gallons). The annual license fee is $100. the intellectual property. Commodity Senate Bill 296 would have created a central commissions often provide financial support warehouse license ($1,000 fee) to allow the to universities to help fund scientific licensee to receive wine directly from a research that might benefit or improve the licensed wholesaler or winery or from a production of the commodity. However, the manufacturer with a wine self-distribution possibility exists that the product of permit, to hold that wine in storage, and to research, for example a new breed of a release it for transport to licensed premises. particular crop, may be sold as intellectual The measure also would have allowed the property to growers overseas, with the result OLCC to issue a central warehouse license to being that in-state producers may face cooperatives comprised of off-premise sales improved competition from abroad. license holders. A bonding requirement of $1,000 for central warehouse licensees and requirements for payment and reporting of Senate Bill 557 taxes were also included in the measure. Review of Landscape Contractors Board
Senate Bill 361 The Landscape Contractors Board (LCB) was created in 1972 to license and regulate Commodity commission review of landscape contracting businesses and commercialized university research professionals. The Board establishes experience and education prerequisites and The Oregon Department of Agriculture requires applicants to pass a competency currently administers 23 officially exam prior to licensure. The Board also recognized commodity commissions. These requires landscape contracting businesses to
33 obtain a surety bond, submit evidence of professional landscape contractors and the liability insurance, and employ a licensed Landscape Contractors Board. Additionally, landscape construction professional. The the measure would have established the Board also receives and investigates Landscape Construction Professionals Task consumer complaints, fields questions from Force to determine if the powers of the LCB consumers and from landscape should be transferred to the Construction professionals, and enforces compliance with Contractors Board and recommend changes licensure requirements. to administrative rules and statutes to ensure sufficient knowledge and skills among Senate Bill 557 would have made numerous licensees. changes to the statutes governing
34
Consumer Protection
35
House Bill 2059 the Attorney General publishes a 20 Worst Charities list. In 2012, that list highlighted
charities expending 25 percent or less on Regulating consignment sales program services. The Better Business
Bureau’s guidelines for charitable House Bill 2059 adds consignment sales, organizations recommend that at least 65 including estate sales run by a third party, to percent be spent on program services. statutes governing auctions, auctioneers, and auction markets. Under the bill, a consignee House Bill 2060 allows the Attorney must provide certain information in General to issue an order disqualifying a advertisements for sales, hold a consignor’s charity that fails to expend at least 30 money in trust after the sale, refrain from percent of expenses on program services self-dealing, and return all monies held in from receiving tax-deductible contributions. trust or unsold property to the consignor Disqualified charities may continue to solicit within 21 days of the sale. Violations of contributions, but they are required to these requirements constitute Unlawful inform donors that contributions are not Trade Practices. deductible for state income tax purposes.
The measure also eliminates the property tax Consignment sales are the sale of personal exemption for property of a disqualified property by a third party, the consignee, on charity. The measure does not change behalf of the property’s owner, the existing reporting requirements and relies on consignor. Consignment sales include estate expenditure calculations that are part of the sales and retail consignment stores. Prior to current reporting process. the enactment of House Bill 2059, personal property consignment sales were not Effective date: October 7, 2013 regulated. The Department of Justice reported over 270 complaints in five years relating to consignees failing to pay monies House Bill 2524 owed to consignors. Limits Construction Contractors Board Effective date: January 1, 2014 license exemptions
House Bill 2060 The Construction Contractors Board (CCB) is responsible for safeguarding the security
and property of the citizens of Oregon by Expenditure requirements for charitable preventing and resolving construction organizations contracting problems and by insuring
contractors' compliance with the law. The In Oregon, charitable organizations are CCB licenses residential and commercial regulated by the Charitable Trust and construction contractors, subcontractors and Corporation Act, which charges the home inspectors; investigates and Attorney General to represent the public's adjudicates complaints filed against interest in connection with assets held for licensees; and imposes sanctions against charitable purposes. Organizations holding unlawful contractors. Consumers lose the such assets and/or soliciting donations must ability to recover damages through the register and file periodic financial reports contractor’s bond as well as the CCB with the Department of Justice. Each year,
36
Dispute Resolution Service if they use an also prohibits employers from requiring unlicensed contractor. employees or applicants to add the employer as a contact associated with the social media Prior to passage of House Bill 2524, any site. The measure allows employers to person working on a project or structure in conduct investigations and does not prohibit which the price of all contracts combined accessing publically available information. amounted to less than $500 was exempt from the licensure requirement. House Bill Over 78 percent of Americans access the 2524 raises the $500 threshold to $1,000. internet and of that group, 67 percent access There also existed an exemption for a social media account. National media commercial lending institutions and surety sources have reported instances of companies that arrange for the completion, employers requiring employees or job repair, or remodel of a structure. House Bill seekers to turn over their social media 2524 expands the exemption to include account usernames and passwords to the holding companies and subsidiaries but employer as a condition of employment. requires that the construction work be House Bill 2654 prohibits this practice. performed by licensed contractors and only on a structure in which the financial Effective date: January 1, 2014 institution, subsidiary, or company holds a legal or security interest. Real estate House Bill 2669 licensees were also exempt from the CCB licensure requirements when performing Extending workplace protections to interns work on a structure that the licensee manages under a contract. House Bill 2524 Prior to the enactment of House Bill 2669, specifies that the real estate licensee must be interns performing work for educational engaged in the management of rental real purposes were not covered by Oregon’s estate. Prior law also exempted any business harassment and discrimination statutes that supplies personnel to a CCB-licensed because interns were not considered contractor. House Bill 2524 clarifies that the employees. business supplying the personnel must be a worker-leasing company or a temporary House Bill 2669 provides specific civil service provider. rights protection to unpaid interns, including protection from discrimination based on Effective date: January 1, 2014 race, color, religion, sex, sexual orientation,
national origin, marital status, age, military House Bill 2654 service, or disability. The measure also protects interns from discrimination for Prohibiting employers from accessing reporting violations of the law, participating workers’ social media accounts as condition in legal proceedings, or for being a victim of of employment domestic violence, assault, harassment, or stalking. It prohibits employers from House Bill 2654 prohibits employers from requiring interns undergo invasive medical requiring employees and job applicants to testing, disclose genetic information, and provide access to personal social media restricting the use of tobacco in nonworking accounts and prohibits retaliation for refusal hours. The measure does not create an to disclose such information. The measure employment relationship for purposes of
37 wage and hour laws, minimum wages, child of the renter is covered by the insurance held labor laws, occupational safety and health by the facility owner. Without an Oregon laws, workers’ compensation, license to sell insurance, a self-service unemployment, Oregon Family Leave Act, storage facility cannot offer or sell insurance or other leave laws. to protect the personal property of the renter.
Effective date: June 13, 2013 House Bill 2845 allows the owner of a self- service storage facility to apply for a limited House Bill 2823 license to sell personal property insurance to renters of self-service storage units. The Accounting for governing associations of limited license only covers insurance for planned communities and condominiums personal property that is lost or damaged at the self-service storage facility. The measure In 2012, over 30 members of metro-area requires the licensee to disclose the material homeowners’ associations alleged a loss of terms of the insurance contract, the process $1.2 to $2 million due to embezzlement by for filing a claim, costs connected with the an association manager. A work group of insurance, and statements that other attorneys, planned community groups, insurance held by the renter may provide condominium associations, and coverage for the property and that the renter condominium owners participated in the is either not required to obtain insurance or development of recommendations to may use a different insurance source than strengthen accounting requirements for the owner of the facility. The licensee must associations. provide approved training to any employees that sell insurance on the licensee’s behalf. House Bill 2823 would have specified who The Department of Consumer and Business could handle association funds and the types Services provides oversight of licensing, of accounts that were permissible. The training, and revocation or suspension of measure also required associations to licenses. conduct regular audits of financial documents and to obtain insurance against Effective date: June 4, 2013 bad acts. Proposed amendments to the measure prohibited associations from House Bill 3070 banning signs on an owner’s property if the ban was based on content; and prohibited Requires merchants disclose shipping and associations from making information handling charges at time of transaction confidential or exempt from disclosure unless consistent with current state law. The Unlawful Trade Practices Act (UTPA) was enacted by the Oregon Legislature in House Bill 2845 1971. The UTPA defines and prohibits various unfair and deceptive trade practices, Insurance sold by self-service storage giving the Attorney General, district facilities attorneys, and in some instances, private citizens the right to sue for violations of the Under Oregon law, the rental agreement for Act. Currently, the UTPA prohibits unfair or a self-service storage facility unit must deceptive conduct in trade or commerce, but specify whether or not the personal property does not specifically require the disclosure
38 of shipping and handling charges in Senate Bill 91 advertised consumer goods. In some instances undisclosed shipping charges have Residential Landlord and Tenant Act totaled more than the value of the item modifications purchased.
Senate Bill 91 is a product of the General House Bill 3070 requires the seller of Landlord Tenant Coalition, which has consumer goods to clearly disclose shipping negotiated changes to Oregon’s Residential and handling charges to the consumer at the Landlord and Tenant Act since its inception time of the sales transaction and makes in the 1980s. failure to disclose such charges an unlawful trade practice. The measure is enforceable Under the measure, landlords may require by the Attorney General or district attorney renters to carry insurance, with exemptions and does not create a private right of action. for low-income households and may
consider broad categories of convictions in a Effective date: January 1, 2014 renter’s background, but may not consider
an applicant’s arrests or eviction House Bill 3159 proceedings if the eviction was settled in favor of the renter or is more than five years Allows regulation of towing by city and old. Senate Bill 91 also allows a renter to county end tenancy after receiving notice of foreclosure on the rental property, unless the The City of Portland began regulating landlord notifies the tenant that the property private party impound towing (PPI) in 1988 is no longer in foreclosure within a specified and upgraded its practices in 2003. Other time. The measure also allows a landlord to cities around the state regulate towing within charge a tenant for noncompliance with city boundaries. Prior to enactment of House written policies prohibiting smoking in a Bill 3159, cities could apply some unit and keeping unauthorized pets. restrictions and limitation on towing Additionally, the measure provides for a charges, but could not specify a maximum graduated approach to fees, allowing a rate for towing or related activities. landlord to escalate the fees for House Bill 3159 allows cities and counties noncompliance so long as the fee is stated in to establish maximum towing rates within its the rental agreement or rules, written notice jurisdiction. If a city or county establishes a is given, and the fee is assessed within 30 maximum towing rate, it must also set up a days of the violation. Senate Bill 91 also licensing system and a process for receiving makes several technical and clarifying and responding to towing complaints. changes to the Act. Towers are required to obtain an annual license from cities or counties that establish Effective date: January 1, 2014 a maximum rate, if the towers operate within that jurisdiction. Senate Bill 406
Effective date: July 29, 2013 Expanding name change options
Prior to enactment of Senate Bill 406, Oregon law allowed both parties in a
39 marriage to change their names according to Senate Bill 525 specific rules. The law specified the naming options, including retaining a party’s Prohibits use of state letterhead by third- surname, changing a surname to the other party for debt collection purposes party’s surname, or combining surnames with a hyphen. Similar rules applied to name At least five Oregon district attorneys changes in registered domestic partnerships contract with private entities to operate bad under ORS 106.335. Any name changes check diversion programs and collect fees after a marriage or domestic partnership and other money owed for the passing of must follow a civil court procedure as bad checks. Some, but not all, receive a fee outlined in ORS 33.410. from the private collector. Operating under the auspices of a district attorney, collectors Senate Bill 406 expands the naming options have sent notices to individuals accused of for couples in a marriage or domestic passing bad checks that look like official partnership to include the ability to retain or communications from the district attorney’s change middle names, surnames, or a office but only provide contact information combination of surnames. for the collection agency.
Effective date: June 6, 2013 Senate Bill 525 prohibits the use of the seal or letterhead of a public agency or public Senate Bill 414 official by private entities collecting debt, including restitution. The measure also Allowing Department of Consumer and prohibits public agencies and officials from Business Services to require insurer pay authorizing or receiving fees for such use. restitution to policyholder Effective date: January 1, 2014 Oregon law gives authority to the Director of the Department of Consumer and Senate Bill 558 Business Services (DCBS) to impose fines or civil penalties against an insurer to Expanding and modifying foreclosure enforce the Insurance Code. DCBS may also mediation program refer a suspected violation of the Insurance Code to the Attorney General or a district Senate Bill 1552 (2012) established the attorney. Prior to enactment of Senate Bill residential Foreclosure Avoidance 414, DCBS did not have the authority to Mediation Program, under the direction of require an insurer pay a claim or order the Attorney General. That measure required restitution be paid to a policyholder. the beneficiary of a residential trust deed to enter into mediation with a homeowner who Senate Bill 414 gives DCBS the authority to has received notice of foreclosure, but only seek restitution and other equitable relief on applied to foreclosures conducted through behalf of consumers who suffer damages as notice and sale, the “non-judicial” a result of an insurer’s violation of the foreclosures. The 2012 law also specified Insurance Code. steps for the homeowner to request mediation with a beneficiary if the Effective date: July 3, 2013 homeowner was at risk of foreclosure. Foreclosure data suggests that beneficiaries
40 have largely halted non-judicial foreclosures reports of minors and protected persons. In and have instead opted to file suits to the event that a protected person does not foreclose in court, called “judicial” have a credit report, the measure requires foreclosures. credit reporting agencies to make a protective record for the individual and Senate Bill 558 expanded the existing place a freeze on that record. foreclosure mediation program to include judicial foreclosures. Other changes include Effective date: June 13, 2013 specifying instructions for how a homeowner may request a resolution Senate Bill 631 conference prior to receiving a foreclosure notice from the beneficiary, restructuring the Health inspection of food and lodging program and fee requirements, and allowing facilities operated by public bodies beneficiaries that have commenced 175 or fewer foreclosure actions to file for an Oregon law requires a person operating a exemption to the resolution conference restaurant or bed and breakfast facility to requirements of the measure. obtain a license from the Oregon Health Authority and undergo inspection of the Effective date: June 4, 2013 facility every six months. Current law, however, specifies that the law only applies Senate Bill 574 to “persons,” which includes individuals, corporations, associations, firms, Allowing security freezes on protected partnerships, limited liability companies, consumers’ credit reports and joint stock companies. ORS 174.109 defines “public bodies,” but that definition is In 2007, the Legislative Assembly enacted not found in the restaurant licensing and the Oregon Consumer Identity Theft inspecting statutes. As a result, some Protection Act. The Act requires businesses facilities that are operated by a public body, and organizations that collect personal such as the Oregon Zoo, are not required to information from individuals, including undergo regular health inspections. social security numbers and driver’s license numbers, to safeguard personal information. Senate Bill 631 defines “person” for the If personal information is subject to a purpose of food service facility licensing security breach, the Act requires the and inspection requirements to specifically business or organization to notify affected include public bodies as defined in ORS individuals. Additionally, the Act gives 174.109, as well as the Oregon Health and Oregonians the right to request security Science University and the Oregon State freezes on their credit files maintained by Bar. As a result of the measure, the Oregon credit reporting agencies. Individuals can Zoo will be required to undergo regular unfreeze or temporarily lift the freeze on health inspections at its restaurant facilities. credit files. The Act does not address protected persons, such as minors or those Effective date: January 1, 2014 under a guardianship.
Senate Bill 574 expands the Act to allow parents or guardians to freeze the credit
41
Senate Bill 683 twice for a single item. Instances have been reported in which a merchant, or a third
party handling refunds for a merchant, Disclosure of financial interest in health required a statement of account from a care facility consumer in order for the customer to
receive a refund. A “statement of account” is Under current law, a health care practitioner a record of a cardholder’s payment with a financial interest in a facility must transactions that is produced by the card disclose that financial interest to patients issuer, such as a monthly credit card prior to referring a patient to that facility for statement or monthly checking account treatment. A financial interest is defined as statement. Such statements can contain five percent or greater ownership interest in extensive personal information. the entity to which the patient is being House Bill 2383 sought to prohibit a referred. merchant from requiring a customer produce
a statement of account in order to receive a Senate Bill 683 requires practitioners to refund to which a customer is otherwise consider only a patient’s clinical needs and entitled. The measure specified that the personal choices when referring a patient to customer must still comply with other terms a facility for treatment. The measure and conditions that a merchant may lawfully requires written and oral disclosure of a require in order to receive a refund. practitioner’s financial interest at the time of referral and prohibits the denial, limitation or withdrawal of a referral because of the House Bill 3160 patient’s choice to utilize an alternate facility, except in certain circumstances. The Placing insurance within Unlawful Trade measure also directs the Oregon Health Practices Act Authority to specify the form and manner of provider notice by rule and authorizes the The Unlawful Trade Practices Act (UTPA) Oregon Health Licensing Agency or was enacted by the Oregon Legislature in appropriate board to investigate and 1971. The UTPA defines and prohibits discipline violations of the measure. various unfair and deceptive trade practices, giving the Attorney General, district Effective date: January 1, 2014 attorneys, and in some instances, private citizens the right to sue for violations of the Act. Currently, insurance trade practices are LEGISLATION NOT regulated in ORS chapter 746 and are not ENACTED subject to the UTPA.
House Bill 3160 sought to add insurance to House Bill 2383 the categories of goods or services subject to the UTPA and to make unfair claim Prohibiting merchant requirement that settlement practices a violation of the customer produce statement of account to UTPA. The measure authorized a private receive refund right of action for individuals.
Mistakes may be made in some consumer transactions, such as a customer charged
42
House Bill 3499 Senate Bill 413
Foreclosure notification related to Rate review process for health insurance manufacturing methamphetamines premium increases
Oregon is one of 27 states with a specific Under current Oregon law, changes to methamphetamine disclosure law pertaining premium schedules and rates for individual to the purchase of a home. When real and small business health benefit plans must property acquired as a result of foreclosure be filed with the Director of the Department is sold, it is often sold “as is,” meaning the of Consumer and Business Services purchaser is responsible for detecting and (DCBS), who is required to open a 30-day remedying hazards. The statutes that govern public comment period and post all the drug cleanup program in Oregon address comments to the DCBS website. In order to drug manufacturing sites. They do not determine approval or disapproval of rate address properties where methamphetamine change, DCBS determines whether the was used. proposed rates are actuarially sound, reasonable and not excessive, inadequate or House Bill 3499 would have required notice unfairly discriminatory, and based upon of sale to include the following statement: reasonable administrative expenses.
Without limiting the trustee’s disclaimer Senate Bill 413 would have required of representations or warranties, insurers offering a health benefit plan to Oregon law requires the trustee to state provide annual notice to policyholders and in this notice that some residential certificate holders of specific information property sold at trustee’s sale may have about DCBS’s rate review process and been used in manufacturing consumer advocacy unit, as well as provide methamphetamines, chemical information relating to enrollment, renewal components of which are known to be notices, newsletters and communications toxic. Prospective purchasers of between insurers and enrollees, the rate residential property should be aware of review process and public hearings, how to this potential danger before deciding to provide comments and participate in the place a bid for this property at the public hearings, how to contact DCBS, and trustee’s sale. finally instructions on how to receive rate filing notifications. Additionally, Senate Bill 413 would have required DCBS and the Oregon Health Authority to develop standards for evaluating the insurers’ cost containment and the cost containment goals and results when reviewing rate requests. Finally, the measure would have required DCBS to establish a public process to determine annual official medical trends that would be used in all rate review filings.
43
44
Education
45
House Bill 2013 have comprehensive communication plans by the age of three. Finally, the ELC is to
establish Early Learning Hub Demonstration Early learning services and kindergarten Projects. readiness assessments
Effective date: August 14, 2013 Senate Bill 909 (2011) created the Oregon
Education Investment Board (OEIB) and The Early Learning Council (ELC), a House Bill 2150 subgroup of the former. The OEIB, chaired by the Governor, oversees efforts to create a Charter school application procedures seamless, unified system for investing in and delivering public education from early House Bill 2150 modifies the contents of, childhood through high school and college. and process for, proposals to establish public The ELC guides activities with regard to charter schools. The measure also modifies early childhood in order to integrate and the process to renew and terminate public streamline a variety of state programs for at- charter schools. Additionally, the measure risk children, and ensure all children are clarifies the list of laws that apply to charter ready to learn when they enter kindergarten. schools and alters the board composition Over the past two years, the ELC studied requirements for charter schools that are the and selected kindergarten assessment tools only school in a district. and developed a flexible model, called an Early Learning Hub, for integrating the Senate Bill 100 (1999) first allowed public delivery of services that are available prior charter schools in Oregon. A Charter to entry into kindergarten. Review Committee (Committee) met throughout 2010 to review the ten-year House Bill 2013 directs the ELC and the history of Oregon charter schools. The Department of Education to assist school Committee, representing public schools, districts with the implementation of charter schools, the Department of kindergarten readiness assessments, and Education, the Legislative Assembly, establishes a related grant program. It also education associations, parents, teachers, renames the “Healthy Start Family Support and other stakeholders, thoroughly Services” Program as “Healthy Families examined charter school law and discussed Oregon” and expands its assessments to potential changes. The Committee’s include children from zero to three years of recommendations were introduced as Senate age. The Oregon Health Authority and the Bill 255 (2011), which passed the Senate, ELC are to develop performance metrics for but remained in the House Education prenatal care, delivery, and infant care; and Committee upon adjournment sine die. establish a grant program to support the alignment of early learning systems with House Bill 2150 expands on the health systems. Screening and referral Committee’s recommendations to establish services for a voluntary statewide early clear timelines for the submission of charter learning system are to be standardized and a school proposals to school districts and permanent professional development and procedures for appealing a decision to the labor management committee is to be State Board of Education. established for child care providers. Preschool children with disabilities are to Effective date: January 1, 2014
46
House Bill 2158 applied toward tuition before state funds are expended.
In-state college tuition for veterans, and Effective date: June 24, 2013 more tuition waivers for veterans’ dependents House Bill 2192 Current law provides an in-state tuition rate for Oregon residents; an out-of-state tuition Suspension and expulsion policies rate for nonresidents; and a rate that is halfway between the two for qualified House Bill 2192 requires school district nonresident veterans. The GI Bill only boards to adopt policies for the discipline, covers the cost of in-state tuition. Beginning suspension, and expulsion of students and to with newly enrolled students for fall of publish those policies in a student code of 2013, House Bill 2158 requires all conduct handbook. The measure outlines undergraduate veterans with either an conduct that may result in discipline, honorable discharge or a general discharge suspension, or expulsion, and limits the use under honorable conditions to receive in- of expulsion to conduct that poses a threat to state tuition rates, if the veteran the health or safety of students and staff, or demonstrates a physical presence in Oregon in cases when other strategies have proven within 12 months of enrollment. ineffective. House Bill 2192 also permits superintendents to review expulsion The measure also adds the children of requirements for students on a case-by-case Purple Heart recipients, awarded from 2001 basis and propose alternate programs. forward, to the list of dependents eligible to receive tuition waivers under the Veterans’ House Bill 2192 addresses issues created by Dependent Tuition Waiver program. the expansion of mandatory suspension and Oregon’s tuition waiver program for the expulsion policies commonly referred to as dependents of deceased and disabled “zero tolerance policies.” Since their veterans requires community colleges and inception in the early 1990s, zero tolerance universities to waive tuition for the policies have resulted in a significant dependents of veterans killed on active duty, increase in the number of Oregon students or as a result of a service-connected suspended and/or expelled. Supporters of the disability. Universities must further waive measure claim these policies were confusing tuition for the dependents of veterans who and inconsistently applied, leading to are 100 percent disabled as a result of expulsion for minor infractions. Additional military service. House Bill 2158 enlarges testimony linked the increase in expulsions the group of eligible dependents, by adding to increased incarceration of juveniles. the children of recipients of the Purple House Bill 2192 establishes parameters for Heart, which is awarded only to those who the use of suspension and expulsion, are wounded in combat. In order to provide requiring districts to develop and veterans with in-state tuition and expand the communicate clear policies for behavioral tuition waiver program, the measure intervention. modifies the accounting for the Veterans’ Dependent Tuition Waiver program as a Effective date: June 4, 2013 whole, permitting other benefits, such as federal grants and scholarships, to be
47
House Bill 2636 Investment Account, no funds were appropriated for the 2013-2015 biennium.
STEM (Science, Technology, Engineering, Effective date: August 14, 2013 Mathematics) Investment Council House Bill 2747 House Bill 4056 (2012) established the Joint Interim Task Force on STEM Access and Admission of non-resident students Success (Task Force) to identify strategies for encouraging the study of STEM subjects Currently, there are three methods by which in Oregon. Task Force recommendations a student in Oregon may attend public were contained in a report submitted to the school in a district other than the one in Legislature in November 2012. The report which the student lives: (1) inter-district recommended the formation of the Council transfer (consent); (2) contract; and (3) the (called the STEM Council and Grant open enrollment created by House Bill 3681 Program), as well as the creation of a (2011). network of five to seven regional STEM “hubs” to initiate and manage STEM House Bill 2747 prohibits school districts investment programming with local schools, from requesting or considering information in conjunction with universities, community regarding a student’s race, religion, sex, colleges, and industry partners. sexual orientation, national origin, disability, or participation in talented and gifted or House Bill 2636 creates the STEM special education programs when deciding Investment Council (Council) charged with whether or not to grant admission to non- advancement of educational initiatives in residents. Information that may be requested fields of science, technology, engineering, is limited to a student’s name, contact and mathematics. The Council, which information, date of birth, grade level, and functions under the direction and control of expulsion history. Under the measure, the Oregon Education Investment Board, is school districts are also prohibited from to assist the Chief Education Officer in requiring a student to participate in an developing and implementing long-term interview or school tour, although students strategies to achieve the following: double are not precluded from voluntarily touring the percentage of 4th and 8th graders facilities or requesting information. House proficient or advanced in STEM subjects, Bill 2747 also requires districts to use a and double the number of students earning a lottery for the selection of students to be post-secondary degree requiring proficiency admitted when applicants exceed in STEM subjects. The measure directs the limitations, but preference may be given to Council to report its progress annually to the siblings of currently enrolled students. The Legislative Assembly. House Bill 2636 also measure was amended to include a provision establishes the STEM Investment Grant for the 2013-2014 school year only, Program to provide funding to school clarifying that a student admitted to a long- districts, community colleges, and public term care or skilled nursing facility is to be universities to advance the above goals. considered a resident of the district in which Although the measure as introduced called the facility is located for purposes of the for a $50 million appropriation to the STEM provision of educational services.
Effective date: July 25, 2013
48
House Bill 2787 House Bill 2898
Tuition equity Transition services at colleges and universities, and Public Safety Training Beginning in the 2013-2014 school year, Facility siting House Bill 2787 allows undocumented graduates of Oregon high schools who meet In Oregon, transition services are provided to specified criteria to pay resident tuition and each student on an individualized education fees at state universities. To qualify, students program (IEP) as part of a long-range plan must have: (1) attended an Oregon that coordinates the last years of high school elementary or high school for three years and the years immediately following immediately prior to receiving a high school graduation. These services focus on diploma (or leaving school without improving the academic and functional receiving a diploma); (2) attended school in achievement of a disabled student in order to any state or territory during each of the five facilitate the transition from school to post- years immediately prior to receiving a high school activities, including: post-secondary school diploma (or leaving school without education, vocational education, integrated receiving a diploma); (3) received a high employment, continuing and adult education, school diploma from an Oregon school no adult services, independent living and more than three years prior to initial community participation. House Bill 2898 enrollment in a state university; and (4) allows earning credit at a community college demonstrated an intent to become a citizen or public university to qualify as a transition or lawful permanent resident of the United service. Additionally, the measure prohibits States. The measure provides for direct the denial of financial aid by any public review of any challenges to the Act by the university, community college, or Oregon Supreme Court and requires annual independent not-for-profit institution of reporting on the number of students higher education in the state based solely on participating and the financial impact to the the fact that an applicant did not receive a universities they attend. standard high school diploma.
Nonresident tuition at Oregon universities House Bill 2898 also exempts the siting of a currently averages $22,000 per year, as Portland Community College public safety opposed to $9,000 paid by residents. Similar training facility in Columbia County from legislation was first introduced in Oregon in land use regulations. The measure specifies 2003 and passed the Senate that year and that the facility be sited on land within the again in 2011. Oregon joins fifteen other community college district in Columbia states with some form of tuition equity, County and that the application be made by including Washington, California, Utah, December 31, 2015. Additionally, the Texas, and New York. measure details the approval procedure to be used by local governments, including at least Effective date: July 1, 2013 one public hearing, and exempting the siting decision from review by the Land Use Board of Appeals.
Effective date: August 14, 2013
49
House Bill 2979 House Bill 3000
Common numbering for lower division Vision screening for students courses at Oregon colleges and universities National data indicate that about twenty-five House Bill 3521 (2011), the Student percent of children require vision correction Transfer Bill of Rights and Responsibilities, by the time they enter high school and addressed barriers to transitioning between undetected vision problems negatively Oregon’s community colleges and impact a child’s ability to acquire reading universities. National studies indicate that skills. Additionally, about three percent of the majority of students earning a children suffer from amblyopia, a condition baccalaureate degree have attended more that may result in blindness if not treated than one institution along the way. before age seven. Furthermore, while 71 percent of entering community college students indicate an House Bill 3000 creates requirements for intent to seek a baccalaureate degree, only education providers, including 25 percent eventually transfer to a prekindergarten programs and school university. A significant barrier to transfers districts, to ensure that all children under between various colleges and universities is seven years of age enrolling in education a lack of consistency in course numbering programs for the first time undergo vision across institutions. The work group created screening. Under the measure, eye by House Bill 2979 is directed to address examination or evidence of previous these issues. screening must be conducted no later than 120 days after a student begins an House Bill 2979 directs the Higher educational program. An education provider Education Coordinating Commission may not exclude a student that has not (HECC) to convene a work group to received the screening or is otherwise examine and recommend strategies to exempt; however, report cards may be facilitate student transfers between withheld or similar actions may be taken to community colleges and universities in encourage compliance. Parents are to be Oregon. The work group is directed to provided with information about the vision identify strategies to establish a common screenings, as well as recommendations for course numbering system for lower-division additional examination or follow-up undergraduate courses and recommend treatments when needed. The measure implementation approaches to the State empowers the State Board of Education, in Boards of Education and Higher Education. consultation with the Oregon Health Policy Upon receiving the work group’s Board, to adopt rules and standards required recommendations, the HECC is to deliver a for implementation of the measure. final report, including proposed legislation and rules, to the Legislature’s interim Effective date: July 1, 2013 committees on higher education before December 1, 2013.
Effective date: May 16, 2013
50
House Bill 3014 disciplinary measures. These changes were made in part as a response to out-of-district United States flags in public charter schools advertising and bussing practices by some schools in rural portions of the state. House Bill 3014 requires district school boards to acquire and display United States Effective date: June 18, 2013 flags in each classroom, and to provide time during school hours for students to salute the House Bill 3120 flag once weekly. Before passage of House Bill 3014, under ORS 339.875, all Oregon Higher Education Coordinating public schools were required to display Commission United States and Oregon flags near school buildings. Those schools were also required Senate Bill 242 (2011) created the Higher to give students a chance to salute the flag Education Coordinating Commission once a week. However, it was unclear if (HECC), while also providing the Oregon public charter schools, like all other public University System with considerable latitude schools, had to comply with those for managing the affairs of its institutions. requirements. House Bill 3014 updates House Bill 3120 streamlines state-level existing requirements, and extends those policymaking and oversight of post- requirements to public charter schools. secondary education and workforce development, previously provided by four Effective date: July 1, 2013 boards, two agencies and a public university system. The measure re-charters the HECC House Bill 3075 to perform the following functions: advise the Oregon Education Investment Board Physical education data collection and out- (OEIB) on state goals for higher education, of-district practices strategic investments and coordination of
data collection; adopt strategic plans for House Bill 3141 (2007) directed the Oregon achieving state post-secondary education Department of Education (ODE), in part, to goals; recommend consolidated higher report the availability of appropriate physical education budgets biennially to the education facilities annually. House Bill 3075 Governor and OEIB; distribute reduces the administrative burden on ODE to appropriations to community colleges, report this data annually, and permits the public universities and student access agency to report only when a public school programs; approve significant changes to increases or decreases its structural capacity academic programs offered by community to provide physical education (e.g., building a colleges and public universities; adopt new school or converting space into a changes to mission statements of public gymnasium). universities; authorize degrees offered by
independent post-secondary institutions; and House Bill 3075 also makes a number of oversee licensing of career schools. changes to the open enrollment transfer Furthermore, House Bill 3120 transfers the process. The measure prohibits public State Board of Education’s authority for schools from spending money on advertising community colleges to the HECC and outside of their districts, restricts replaces the Oregon Student Access expenditures on bussing, and disallows the practice of transferring students to avoid
51
Commission with the Office of Student remaining 20 percent graduate from high Access and Completion under the HECC. school or earn an equivalent degree as their highest level of educational attainment. House Bill 3120 was developed in concert Senate Bill 3232 contains the first strategic with Senate Bill 270, which establishes investments recommended by the OEIB independent governing boards for Portland toward the achievement of 40-40-20 by State University, the University of Oregon 2025. and possibly Oregon State University, and creates a process for the remaining OUS Effective date: July 25, 2013 institutions to establish boards in the future. House Bill 3233 Effective date: August 14, 2013
Network of Quality Teaching and Learning House Bill 3232 House Bill 3233 establishes the Network of Strategic investments in education Quality Teaching and Learning (Network), consisting of the Oregon Education House Bill 3232 requires the Oregon Investment Board (OEIB), the Department Education Investment Board (OEIB) and of Education, and other public and private other education agencies to design and entities dedicated to improving public implement a series of programs representing education in Oregon. The Network is strategic investments in education, designed to accomplish the following: including: Oregon Early Reading Program; enhance a culture of leadership and Guidance and Support for Post-Secondary collaborative responsibility for advancing Aspiration Program; and Connecting to the the profession of teaching at all educational World of Work Program. These initiatives levels; strengthen existing evidence-based were designed by the OEIB to rapidly practices that increase student achievement; improve performance on several key and improve recruitment, preparation, measures of progress including kindergarten induction, career advancement readiness, third grade reading proficiency, opportunities, and support of educators. ninth grade progress toward graduation, high school completion, and college enrollment. According to a 2012 report commissioned Additionally, these programs are intended to by the OEIB, expert teachers and leaders are address the achievement gap that impacts increasingly recognized worldwide as the historically underserved populations and most important resource for improving increase levels of educational attainment and student achievement. Nations with the employability for Oregonians. highest educational achievement make substantial investments in teacher quality, The OEIB was created by Senate Bill 909 according to a McKinsey study of the (2011) to oversee all levels of state world’s top school systems, and many (e.g., education from preschool through college in Finland, South Korea, and Singapore) order to achieve the state’s goal of “40-40- attribute their success to substantial 20.” To reach that goal, 40 percent of investments in teacher and school leader Oregon citizens must attain baccalaureate preparation and development. House Bill degrees or higher, 40 percent receive 3233 establishes the Network to distribute associates degrees or certificates and the funding through grants to school districts,
52 education service districts, and other entities House Bill 3296 for educator effectiveness programs.
Athlete agents Effective date: July 25, 2013
House Bill 3296 expands the statutory House Bill 3234 definitions of “athlete agent” and “agency contract” so that they apply to all individuals Early Learning Division seeking to represent student athletes, at all levels of competition, including elementary The 2011 Legislative Assembly enacted and secondary schools and club sport Senate Bill 909, which established the programs. “Athlete agents” now include Oregon Education Investment Board (OEIB) anyone who represents, or attempts to to create a seamless, unified system for represent, a student athlete for their own investing in, and delivering, public financial gain or benefit. “Agency contracts” education from early childhood through high include both written and oral agreements for school and college. As a component of the professional sport services or endorsements. OEIB, the measure also created the Early Furthermore, the definition of “agency Learning Council (ELC) and charged it with contracts” now encompasses any agreement formulating recommendations to merge, that causes a student athlete to become redesign or improve the coordination of ineligible to play an interscholastic or early childhood services and align them with intercollegiate sport due to a violation of child-centered outcomes. House Bill 4165 state or national organization rules or (2012) implemented ELC recommendations regulations governing student athlete by merging several agencies and/or participation. The measure also requires programs that provided services to children. agents to notify schools prior to contacting student athletes, and specifies warnings House Bill 3234 further consolidates early about potential loss of eligibility to be learning programs within the Oregon included in agency contracts. Department of Education (ODE). Specifically, House Bill 3234 establishes the Effective date: January 1, 2014 Early Learning Division in the ODE and places it under the control of the ELC, House Bill 3472 administered by an Early Learning System
Director. The following programs are Pay Forward, Pay Back pilot program and transferred to the new division: several tuition freeze study programs previously overseen by the
Employment Department, including the House Bill 3472 directs the Higher Child Care Office; Oregon’s Pre- Education Coordinating Commission Kindergarten and Early Head Start (HECC) to consider creating a proposed programs; and various programs formerly pilot program called “Pay Forward, Pay administered by the Commission on Back.” The program would explore an Children and Families (e.g., Healthy Start, alternative to the current system of charging Crisis Nurseries, and Race to the Top). tuition and fees at public institutions of
higher education. Instead, “Pay Forward, Effective date: July 19, 2013 Pay Back” would require qualified residents
53 to sign a binding contract to pay the State of students, analogous to school-wide vision, Oregon, or the educational institution, a hearing, and physical fitness assessments. certain percentage of annual adjusted gross House Bill 3474 establishes some income after graduation, in lieu of paying parameters: school districts must provide tuition and fees. The measure requires the written notice at least two weeks in advance HECC to determine the percentage of of any school-wide mental health adjusted gross income to be paid and the screenings, and students, parents, or legal length of the commitment, and to identify an guardians may seek exemption from immediate funding source for the pilot participation. program. Effective date: January 1, 2014 Additionally, House Bill 3472 requires the HECC to study the possibility of Senate Bill 222 implementing a tuition freeze at Oregon universities in order to guarantee that Accelerated Learning Committee incoming undergraduate students pay the same tuition rate for four years. The study is Senate Bill 253 (2011) set in statute the goal to include the “Western Tuition Promise” of “40-40-20”: 40 percent of adult offered by Western Oregon University and Oregonians earn a bachelor’s degree or the “Finish in Four” program proposed in higher; 40 percent of adult Oregonians earn Florida. an associate’s degree or post-secondary credential; and 20 percent of adult Effective date: July 29, 2013 Oregonians earn a high school diploma or equivalent degree by 2025. This goal relies House Bill 3474 heavily on the success of accelerated credit opportunities for high school students. House School-wide mental health screenings Bill 3601 (2011) bolstered accelerated credit programs by, among other things, modifying A Harvard Medical School study by the waiver process for Expanded Options researcher Ronald Kessler in 2007 found Programs to ensure participation by eligible that half of all mental illnesses start by age at-risk students. 14. The 2011 Oregon Healthy Teens survey of eighth graders found that 13.6 percent of Senate Bill 222 creates the Accelerated those who responded said they had seriously Learning Committee (Committee) to evaluate considered attempting suicide. According to ways to encourage students to obtain college the American Psychological Association, an credits while still in high school, as well as to estimated 15 million of our nation's young explore opportunities for efficiencies among people can currently be diagnosed with a educational institutions to make post- mental health disorder, and many more may secondary degrees more affordable for be at risk; however, only about 7 percent of families. The Committee must report its youth who could benefit from services findings to the interim legislative committees actually receive appropriate help, according on education no later than October 1, 2014. to a Surgeon General’s report. Effective date: August 14, 2013
A recent pilot program in Linn County introduced mental health screenings for all
54
Senate Bill 270 purposes if the students receive notice that the accounts may be monitored at all times. Institutional boards for public universities The measure also allows institutions to request specific content of an individual’s Before the 2013 legislative session, the seven social media account in the course of an public universities in state were governed investigation for purposes of compliance centrally by the Oregon University System. with applicable laws or regulations, or Senate Bill 270 moves university governance investigations into student misconduct. away from that centralized model by making two major changes: public universities are Effective date: January 1, 2014 allowed to form their own governing boards, and universities with individual governing Senate Bill 498 boards are permitted to sell bonds. Career and Technical Education The measure also creates two work groups: Revitalization Grant Program the Special Committee on University Governance and Operations to consider next House Bill 2732 (2009) established the steps for the Oregon Institute of Technology, Career and Technical Education Task Force Eastern Oregon University, Southern Oregon (Task Force) and charged it with developing University, and Western Oregon University; a plan to increase collaboration among and the Work Group on University Shared elementary and secondary schools, Services to recommend best practices for community colleges, labor, business, and shared services across all seven public industry. The Task Force was also required to universities. make recommendations regarding the revitalization of Career and Technical Effective date: August 14, 2013 Education (CTE) programs in Oregon. House Bill 3362 (2011) implemented those Senate Bill 344 recommendations by creating the Career and Technical Education Revitalization Grant Social media access Program and providing funds for grants to CTE pilot projects at ten schools. The initial National media sources have reported pilot projects were considered successful. instances of colleges requesting students’ Senate Bill 498 appropriates $7.5 million in and prospective students’ usernames and funding to the grant program. This amount is passwords to social media sites, or requiring a significant increase from the level of students access such content in the presence funding in the 2011-2013 biennium. of college staff. Senate Bill 344 prohibits this practice. Effective date: August 14, 2013
Senate Bill 344 prohibits an educational Senate Bill 529 institution, including public and private community colleges and universities, from Education Service Districts requiring students and prospective students to share social media access with the Senate Bill 250 (2011) gave a specific set of institution. This prohibition does not extend school districts the option to withdraw from, to K-12 schools and does not apply to and subsequently rejoin, Education Service accounts maintained solely for educational Districts (ESDs). Senate Bill 529 expands
55 that process, making it available to all school legislative committees no later than districts. November 1, 2013.
Senate Bill 529 also makes the ESD election Effective date: August 14, 2013 process created by Senate Bill 987 (2010) permanent. Senate Bill 987 allowed a special board election process for three ESDs: High Senate Bill 611 Desert, Northwest Regional, and Willamette EpiPen guidelines Education Service Districts. The measure contained a sunset clause, dated February 1, Senate Bill 611 deals with epinephrine auto- 2013. In the absence of legislation extending injectors (EpiPens), and is closely related to the sunset date, the three ESDs would have House Bill 2749 (2013). Epinephrine is an been required to run a special election at an antitoxin used to treat acute allergic reactions estimated cost of $150,000. to avoid or treat the onset of anaphylactic Effective date: March 21, 2013 shock. EpiPens are particularly effective at treating allergic reactions during the often small window of time, sometimes just a few Senate Bill 600 minutes, available to help a person experiencing anaphylactic shock. Beaverton and Hillsboro school districts’ boundary dispute Prior to enactment of the measure, there was no ability for schools, as individual There is a planned community that straddles institutions, to keep and manage EpiPens. the border of Beaverton and Hillsboro. Individuals, such as school nurses, were Testimony in committee indicated that the required to be personally trained in order to community is oriented towards Beaverton, acquire the autoinjectors. Often this cost was and the community is working with the borne by the individual, not the school. The municipalities of both Hillsboro and measure allows schools to acquire, control, Beaverton to fully incorporate the entire and use EpiPens according to guidelines community into Beaverton. The only drafted by the State Board of Education and remaining point of contention is the school adopted by the local school district. district boundary, which divides the community between the Hillsboro and Effective date: July 1, 2013 Beaverton school districts. The residents of the community would like to be entirely Senate Bill 721 within the Beaverton school district. Jenna’s Law Senate Bill 600 aims to resolve the school district boundary dispute for this specific Senate Bill 721 builds off the success of residential development in Hillsboro. Senate Senate Bill 348 (2009), popularly known as Bill 600 mandates that the Beaverton and “Max’s Law.” That law dealt with Hillsboro school districts enter into concussions and other traumatic brain mediation, in good faith, no later than 30 injuries in public school sports. Senate Bill days from the effective date of the measure. 721 expands the requirements of Max’s law Those districts will report back to the interim to include club sports. The measure also develops requirements around education for players, coaches, and referees of club sports
56 and provides protection from civil and If enacted by voters at the 2014 General criminal liability for persons who regularly Election, Senate Joint Resolution 1 will serve as coaches or referees, as long as they amend the Oregon Constitution to allow the are in compliance with the provisions of the issuance of Article XI bonds to finance the measure. corpus of the Oregon Student Opportunity Fund. The measure is linked to Senate Bill This measure is in response to Jenna Sneva’s 11 (2013), which would have provided a story. A national champion skier and softball mechanism to implement the constitutional player, she suffered ten concussions in change if this resolution is enacted. Senate competition and training. Today, she is Bill 11 was in the Senate Committee on prohibited from playing any contact sports, Education and Workforce Development upon struggles academically at Oregon State adjournment. University, and has “the brain of a 60 year- old stroke victim” despite only being in her Filed with Secretary of State: July 8, 2013 20s. The measure is referred to as “Jenna’s Law” in her honor. Senate Joint Resolution 34 Effective date: January 1, 2014
Allowing judges to be employed by Oregon Senate Joint Resolution 1 National Guard or State Board of Higher Education Bonds for the Oregon Student Opportunity Fund Currently, section 8, Article XV of the Oregon Constitution allows persons The Oregon Student Opportunity Fund is an employed by the State Board of Higher initiative to create a constitutionally Education, or a member or employee of a dedicated permanent fund that would be school board, to serve in the Legislature used to generate income for the purpose of without violating either: (1) section 1, Article investing returns in student aid grants in the III, which prohibits persons from exercising short-term, as well as investing in areas such any duties or functions of more than one as Science, Technology, Engineering, and branch of government; or (2) section 10, Mathematics (STEM), vocational training, Article II, which prohibits a person from and other workforce development programs holding more than one lucrative office. There in the long-term. is no similar reference, however, to allow The Fund would be created by issuing those holding judicial office to be employed General Obligation Bonds in 2014. as teachers in the public education system. A Subsequent bond issues would be made each 1979 Oregon Supreme Court decision, In the year until the Fund reaches its goal of Matter of Sawyer, found that a judge producing the revenue needed to fully fund regularly employed as a part-time teacher by the unmet needs of Oregon students for two a state-funded school violated the separation years of their post-secondary education. The of powers section of the Oregon Constitution.
Fund anticipates an issue of $500 million in Senate Joint Resolution 34, if enacted by the coming biennium and continuing voters at the 2014 General Election, would smaller—and declining—contributions over allow judges to teach in a public university or the next 30 years.
57 serve in the Oregon National Guard while concurrently serving as a judge. The measure passed the House of Representatives, but was referred from the Filed with Secretary of State: July 2, 2013 Senate floor to the Committee on Rules, where it remained upon adjournment. LEGISLATION NOT ENACTED House Bill 2299
Oregon College Savings Plan notification House Bill 2153 The Oregon 529 College Savings Network is Limits on charter school proposals an investment tool that provides state and federal tax advantages for investing in House Bill 2153 would have allowed school college savings plans. Oregon currently districts with more than three percent of offers two 529 plans that are administered students attending charter schools to limit by the Office of the State Treasurer and the number of new charter school proposals overseen by the Oregon 529 College accepted for evaluation. Since the measure Savings Board (Board). House Bill 2299 would have applied only to those districts would have created a vehicle to inform with three or more charter schools currently parents of their eligibility to open such an operating, it would have affected only the account, by requiring the State Registrar of following seven districts: Portland, Eugene, the Center for Health Statistics to provide Gresham-Barlow, Reynolds, North quarterly reports to the Board containing the Clackamas, Oregon City, and Lincoln parents’ names and mother’s mailing County. Senate amendments added address for each child born in Oregon to provisions to review charter proposals for parents who reside in-state. The Board advancement of educational goals and would have used this information to notify specified that the failure to make reasonable parents of their opportunity to open college progress toward advancement of educational savings accounts and to establish such goals could constitute grounds for accounts at the request of parents. terminating a charter. Additionally, the measure would have established the Oregon College Savings In Oregon, any person or group of persons Matching Fund to allow deposits in college may apply to establish a public charter savings accounts to be matched by the school. The potential sponsor (authorizer) Board, as determined by rule. The measure reviews the charter proposal in accordance passed the House of Representatives but with ORS 338.055. If approved, a charter failed to pass the Senate. contract is executed by the authorizer and the governing board of the charter school (board). The board may contract with for- House Bill 3524 profit organizations for services; however, the board must retain control of governing Liability of coach for major NCAA functions and for-profit entities may not be violations parties to charter school contracts. Oregon’s charter school law prohibits converting The National Collegiate Athletic private schools to public schools. Association (NCAA) is a nonprofit
58 association of 1,281 institutions, is a proposed student scholarship initiative conferences, organizations, and individuals for Oregon students entering post-secondary that organizes the athletic programs of many education. The corpus of the Fund would colleges and universities in the United States have been financed initially by a $500 and Canada. The NCAA is responsible for million bond issuance with a term of 30 promulgating and enforcing rules that years. Funds from the corpus would have member schools pledge to follow in order to been issued immediately in the form of maintain a level playing field for more than scholarships. For an initial period of up to 400,000 student-athletes. The rules include eight years, bond maintenance costs would two classifications of violations: major and have been funded by legislative secondary. Major violations include actions appropriation. After that period of time, bond that lead to an extensive recruitment or and scholarship repayment revenues were competitive advantage (e.g., involvement projected to exceed costs, allowing excess with professional teams, use of agents and revenues to be placed into the corpus of the compensation to student-athletes). The Fund, making it self-sustaining. Additional sanction for a major violation may include bond issuances could follow in the future. banning of a school from competing in a sport for at least one year; reduction or loss Article XI bonds are commonly issued for of scholarship award; financial sanctions; “bricks and mortar” projects. There is no loss of eligibility for postseason precedent in-state for funding a scholarship participation and televised games; or a ban program with a bond issuance. Senate Bill 11 from certain recruiting activities. Secondary was in the Joint Committee on Ways and violations include isolated or inadvertent Means upon adjournment. events that provide, or are intended to provide, only a minimal advantage and do Senate Bill 215 not include any significant impermissible benefit. Native American depictions as mascots
House Bill 3524 would have made coaches On May 17, 2012, the Oregon State Board of at public universities liable for the Education adopted OAR 581-021-0047, university’s actual damages, in addition to prohibiting public schools from using Native attorney fees, if that coach intentionally or American mascots. Schools have until July 1, recklessly committed a major violation. The 2017 to comply before the Superintendent of Attorney General would have been Public Instruction may withhold all or part of permitted to bring action on behalf of the state funding appropriated to the school university. district. The prohibition of Native American mascots includes the use of team names: Redskins, Savages, Indians, Indianettes, Senate Bill 11 Chiefs, Chieftains, and Braves, along with Bonds for the Oregon Student Opportunity any visual image or symbol that depicts Fund American Indian Tribes. Public schools are allowed to continue the use of the team name Senate Bill 11, along with Senate Joint “Warrior” if the image or symbol does not Resolution 1 (2013), would have allowed the depict an American Indian. issuance of bonds to finance the Oregon Student Opportunity Fund (Fund). The Fund Senate Bill 215 would have allowed the use of a Native American mascot in a public
59 school if the school enters into a formal, written agreement, detailing terms of acceptable use, with the governing body of a local Native American tribe. The measure passed the House and Senate but was vetoed by the Governor. In his veto statement, Governor John Kitzhaber stated he would support a “namesake exception,” but found the exception in Senate Bill 215 too broad.
Governor’s veto: August 16, 2013
60
Elections and Ethics
61
House Bill 2199 House Bill 2887
Requiring ballot security measures Adjudication of congressional redistricting There are several statutes governing polling place elections, but some of those statutes Currently, the Oregon Constitution and the are in conflict with laws governing Oregon’s U.S. Constitution do not provide a vote-by-mail voting system. ORS 254.483 mechanism for completing a congressional presents a direct conflict for county officials. redistricting plan in the event that the The statute requires any unused ballots be Oregon Legislative Assembly fails to destroyed at 8:00 p.m. on Election Day, but complete a congressional plan. An also requires county officials to secure and individual or group of individuals may account for unused ballots on the same day petition the courts to address inequality in district populations within a plan, but such and time. County elections officials need to have unused ballots available throughout the petitions require a completed plan. tallying and certification process to duplicate damaged ballots and otherwise House Bill 2887 establishes a process for process the election. adjudicating congressional redistricting plans should the Legislative Assembly be unable to House Bill 2199 addresses this conflict by complete a plan before its constitutional requiring the county clerk to take several deadline, a plan is vetoed by the Governor, or security measures. It requires county clerks if any elector challenges a congressional to file, as part of the county elections redistricting plan enacted by the Legislative security plan with the Secretary of State, the Assembly. The Chief Justice of the Supreme number and location of any video cameras Court will appoint a special judicial panel located where ballots may be tallied. The consisting of one state circuit court judge county clerk must, at the end of voting on and one senior judge from each Election Day, mark each duplicate ballot, and congressional district. The panel will have secure and account for unused ballots. The the authority to create its own congressional measure requires the county clerk, at the time plan if there is no legislatively approved the clerk proclaims the results of the election, plan, or to review a legislatively approved to submit to the Secretary of State a record of plan for compliance with statutory and the number of ballots printed, mailed, constitutional requirements. returned as undeliverable, tallied, tested and archived, used for duplication, or issued at Effective date: January 1, 2014 the office of the county clerk. Finally, the measure requires the county clerk, as soon as House Bill 3344 practicable after the election, destroy all unused ballots. Disclosure of challenge ballot information
Effective date: July 29, 2013 The county clerk, an elections official, or any voter can challenge the validity of the ballot of any voter at any time prior to the ballot being removed from its return envelope. If the county clerk determines that the voter is not properly registered, a notice is mailed to the voter with a written
62 statement that describes the nature of the referenda, and recall petition drives. All challenge. Prior to the enactment of House political committees and chief petitioner Bill 3344, if the voter failed to provide committees are required to file all sufficient evidence to verify registration contributions and expenditures using the within ten calendar days after the date of the online campaign finance reporting system, election, the registration of the person was ORESTAR. However, one class of considered inactive until the person updated expenditures, independent expenditures, or verified the registration, the registration must be reported but are not required to be was canceled, or the county clerk filed electronically. Independent determined that the person was validly expenditures are expenditures for a registered. In addition, the information communication in support of, or in regarding voters whose ballots have been opposition to, a clearly identified candidate challenged was not allowed to be disclosed or measure that originate independently under public records requests. from the candidate or political committee. Oregon law also requires in-kind House Bill 3344 increases the number of contributions be reported in ORESTAR; days after election, from ten days to 14, however, there is currently no timeline, which a voter may have to provide sufficient outside of the statutorily prescribed evidence to disprove a challenge to a ballot. reporting deadlines, for when a person must Additionally, the measure permits public notify a candidate or committee that an in- disclosure, following the eighth day after the kind donation has been made on their behalf. election, of specific information about voters whose ballots have been challenged. The House Bill 3523 requires that a person file a measure requires the county clerk ensure statement of independent expenditures in that each challenged ballot includes a ORESTAR if the person makes independent number for the written statement of expenditures in a total amount of more than challenge, so that the specific challenged $750 in a calendar year. The filing must ballot may be identified in any future contest include the amount and purpose of the of the election; however, the clerk must also independent expenditure, the name and ensure that the information on the numbered address of the payee, and any candidates or written statement is treated as confidential measures supported or opposed by the so that it cannot be determined how any independent expenditure. House Bill 3523 challenged person voted in the event of a also requires that a person or committee recount. reporting an in-kind expenditure in ORESTAR notify the candidate or Effective date: January 1, 2014 committee for whom the in-kind contribution benefitted within 48 hours of House Bill 3523 reporting the expenditure. In addition, all in- kind contributions and expenditures will be Electronic filing of independent highlighted in an identifiable color in the expenditures statements ORESTAR system.
Oregon law requires disclosure of Effective date: August 14, 2013 contributions and expenditures related to any candidate, measure, or political party active in any election, including initiatives,
63
House Bill 3537 interpretations of the word "person" in the Fourteenth Amendment. In Citizens United
v. Federal Election Commission, 558 U.S. Simultaneously runs for more than one 310 (2010), the Supreme Court reasoned district office that, because a corporation is made of
natural persons who have First Amendment Current law prohibits an individual from rights, a corporation may have First filing as a candidate for more than one Amendment rights, and held that the First district office in the same election, unless the Amendment prohibits government from district office has fewer than 10,000 voters. restricting independent political An individual seeking one office may choose expenditures by corporations and unions. to run for another office in the same election, but must provide written notice of House Joint Memorial 6 urges Congress to withdrawal from the first race to the county propose an amendment to the United States elections official. If the candidate fails to Constitution allowing Congress and state submit written notice of withdrawal prior to legislatures to regulate monies raised and filing as a candidate for the other office, both spent for political purposes, including nominating petitions or declarations of monies raised by individuals, corporations, candidacy are deemed invalid and the and associations. candidate cannot be elected to either office.
House Bill 3537 removes the prohibition Filed with Secretary of State: July 8, 2013 against a person running for more than one position on unpaid, volunteer district boards Senate Bill 154 in the same election. These include water supply district boards, parks and recreation Register signature-gathering businesses district boards, transportation district boards, metropolitan service district boards, rural In 1902, Oregon’s original constitution was fire protection district boards, county amended to establish the initiative and service, and school district boards. referendum process, giving direct power to voters to enact new laws, change existing Effective date: January 1, 2014 laws, or amend the state constitution. In
2007, the Initiative Reform Modernization House Joint Memorial 6 Act (IRMA) was passed, which required paid signature gatherers to register and Urges passage of constitutional amendment complete training with the Secretary of to limit political contributions State; prohibited persons convicted of fraud, forgery, or identity theft within the previous Corporate personhood is a legal construct five years from working as paid signature that permits corporations to sue and be sued gatherers; and required chief petitioners and in court in the same way as natural persons signature gatherers to use cover and or unincorporated associations of persons. signature sheet templates prepared by the Corporations are not "people" in the Secretary of State. ordinary sense of the word, but they have many of the same rights as citizens. Senate Bill 154 extends the requirement for Constitutional protections have been registration, training, and certification extended to corporations as a result of court beyond individual paid signature gatherers
64 to include entities or organizations that hire time of the election. In addition, it required and pay individual signature gatherers. the Oregon Department of Transportation to inform 17 year olds that they may register to Effective date: August 14, 2013 vote. House Bill 2988 would have changed voter registration requirements to allow an LEGISLATION NOT otherwise qualified person who was at least 16 years of age to register to vote. ENACTED House Bill 3077 House Bill 2686
Redistricting commission
The National Popular Vote Interstate Every ten years, the Legislative Assembly Compact is an agreement among states that must redraw legislative and congressional would replace the Electoral College system district lines based on new U.S. Census data. of presidential elections with a direct, ORS 188.010 establishes criteria to guide nationwide vote of the people. Currently, the Legislative Assembly when redrawing nine jurisdictions (Maryland, New Jersey, district boundaries. According to this statute, Illinois, Hawaii, Washington, each district, as nearly practicable, should: Massachusetts, District of Columbia, be contiguous; be of equal population; Vermont, and California) have enacted utilize existing geographic or political legislation to join the National Popular Vote boundaries; not divide communities of Interstate Compact. These nine jurisdictions common interest; and be connected by total 132 electoral votes or 48.9 percent of transportation links. the 270 electoral votes needed to be elected
to the presidency. House Bill 2686 would have created a commission to redraw legislative and The compact is based on Article II, Section congressional districts and would have 1 of the U.S. Constitution, which gives each required the Department of Corrections to state the right to decide how to appoint its determine the last-known address of inmates own electors. States have chosen various in custody and submit that information to methods of allocation over the years, with the Secretary of State. Currently, 13 states regular changes in the nation’s earlier use a commission as the primary mechanism decades. Today, 48 states award all of their for developing redistricting plans. electoral votes to the candidate with the most popular votes statewide. States joining House Bill 2988 the compact will continue to award their electoral votes in their current manner until Allows person who is at least 16 years of the compact has been joined by enough age to register to vote states to represent a controlling majority of the Electoral College. After that point, all of In 2007, House Bill 2910 amended voter the electoral votes of the member states registration requirements to allow otherwise would be cast for the winner of the national qualified individuals who were at least 17- popular vote in all 50 states and the District years-old to register to vote at any time, as of Columbia. With the national popular vote long as they reached 18 years of age at the winner sure to have a decisive majority in
65 the Electoral College, he or she would education to adopt plans to encourage automatically win the Electoral College and students to register to vote and to vote in therefore the presidency. elections. House Bill 3175 would have built on the 2007 measure, with additional efforts House Bill 3077 would have enacted the to address systemic barriers to voter Interstate Compact for Agreement Among registration and voting by providing college the States to Elect the President by National students information and education about Popular Vote in Oregon. The measure would participating in elections. have required the compact to take effect when states cumulatively possessing a The measure required public universities and majority of electoral votes have enacted a community colleges to prominently display substantially similar compact. links to the Secretary of State’s online voter registration tool on the school’s website and on high-traffic webpages controlled by the House Bill 3113 school during an academic term in which an election is to be held. In addition, the Statements on ballot envelopes measure would give the school’s official student government permission and Currently, if a ballot contains measures opportunity to provide voter registration authorizing bonds or the renewal of current services during administration-sponsored local option taxes, the outer envelope of the orientation programs, campus welcome ballot is required to have printed on it: events, the first week of classes each term, “CONTAINS VOTE ON PROPOSED TAX and during resident life programming and INCREASE” or “CONTAINS VOTE ON activities. Finally, House Bill 3175 required RENEWAL OF CURRENT LOCAL public universities and community colleges OPTION TAXES.” In addition, when a local to send two reminders, via email or social district or government proposes a new or media, to each of its students during an renewed local option tax, the ballot title is academic term when an election would statutorily required to state, as part of the occur, that included a direct link to the question, “This measure may cause property Secretary of State’s online voter registration taxes to increase more than three percent” or tool. “This measure renews current local option taxes.” House Bill 3521
House Bill 3113 would have eliminated the Automatic voter registration requirement for the statement on the envelope and in the ballot title. The National Voter Registration Act of 1993
(NVRA) established procedures to increase House Bill 3175 voter registration of eligible citizens in elections for federal office, to protect the Voter registration access and information at integrity of the political process, and to public universities and community colleges assure accurate and current voter registration rolls. To increase registration of eligible In 2007, the Oregon Legislature passed citizens, the NVRA requires states to permit Senate Bill 951, directing community voter registration by application colleges and state institutions of higher simultaneous with an application for a motor vehicle driver's license ("motor-voter"
66 registration), by use of a uniform mail necessary information to register each application, or by in-person application at a qualified, non-registered person to vote. designated agency. The NVRA registration Individuals registered to vote through this methods are in addition to any other process would be notified of registration methods approved by state law. status, how to cancel registration, and how to adopt or change political party affiliation. House Bill 3521would have required the Oregon Department of Transportation, as the designated voter registration agency who records and stores digital copies of signatures, collects age and residence data, and processes citizenship documentations, to provide the Secretary of State with the
67
Emergency Preparedness
68
House Bill 2034 House Bill 2183
Federal funds for tribal emergency services Employer earthquake drills
The federal government provides grants for Current law requires larger employers to emergency preparedness and response conduct earthquake drills annually in the purposes. These grants are designed to month of April. April was originally chosen promote centralized coordination of because it is National Earthquake and resources and services in order to develop a Tsunami Month, but Oregon also has an more efficient, unified, and comprehensive earthquake and tsunami day in March, and emergency management system across the emergency preparedness efforts occur year- nation because disasters have no regard for round. House Bill 2183 permits employers jurisdictional boundaries. Grants are to conduct annual earthquake drills anytime. administered by entities, such as the Federal Emergency Management Agency and the Effective date: January 1, 2014 Department of Homeland Security, and funds may be distributed to states for state House Bill 2789 use, and/or for distribution to a state’s political subdivisions. School drills for safety threats
In Oregon, the Office of Emergency Current law requires school instruction and Management (OEM) has sole authority to emergency drills on fires, earthquakes, and negotiate agreements with federal agencies tsunamis. House Bill 2789 adds two drills that may be required to obtain federal grant per year for safety threats, such as lockdown funds for emergency-related purposes. procedures. It also requires appropriate local Consistent with this authority, Oregon law first responders to review schools’ proposed requires state entities, emergency services emergency procedures. agencies, and cities and counties operating emergency management programs, to Effective date: July 1, 2013 submit any applications for federal funds related to emergency services to OEM for its review and/or processing. Senate Bill 33
House Bill 2034 permits tribal governments Task force on implementation of earthquake to submit applications for emergency and tsunami preparedness recommendations management-related federal funds through OEM, in the same way that state and local The Cascadia subduction zone is an active entities are currently required. fault off the coast of Oregon and poses a severe geological hazard to the state. By most Effective date: January 1, 2014 accounts, Oregon is overdue for a large magnitude earthquake stemming from the Cascadia subduction zone. Preparedness, public education efforts, and prioritizing resources will be critical to Oregon’s response and recovery when such an earthquake occurs.
69
Oregon created a commission to address call should immediately and automatically earthquake preparedness issues in 1991: the transmit an accurate callback number and Oregon Seismic Safety Policy Advisory the specific location of an emergency, Commission (OSSPAC). OSSPAC reports without undue reliance on conversation with to the Governor every two years to affect a caller. When emergency responders are statewide policy, and maintains relationships delayed due to incomplete and/or inaccurate with the Western States Seismic Policy information, the consequences can be grave. Council and the California Seismic Safety Commission to affect federal policy on the Effective date: January 1, 2014 West Coast. Senate Bill 813 In February 2013, OSSPAC released arguably its most comprehensive report, Transferring responsibility for the seismic including recommendations for a long-term grant program implementation strategy. Senate Bill 33 forms a task force to address implementation, Senate Bill 813 transfers administrative with immediate emphasis on education and authority over the seismic rehabilitation training for community leaders and grant program from the Office of coordination of investments in equipment, Emergency Management to the Oregon facilities, and critical systems. Business Development Department,
Infrastructure Finance Authority. A Effective date: June 26, 2013 companion measure, House Bill 2176, that
would have authorized the corresponding Senate Bill 598 Treasury bonds for the next biennium, was not enacted. Improving the 9-1-1 reporting system The seismic rehabilitation grant program Senate Bill 598 requires larger workplaces provides funding for K-12 public schools, with multiline phone systems installed a community colleges, education service year after the bill’s passage, to provide a districts, hospitals, fire stations, police street address and a building name, at a stations, sheriffs’ offices, and other minimum, to the 9-1-1 automatic location emergency services facilities, to reimburse identification database. This database is used eligible seismic improvement activities, by 9-1-1 operators to accurately direct first within certain parameters. Prior to Senate responders to the site of an emergency. Bill 813, the program was administered by the Office of Emergency Management and The public safety communications $11.2 million in bond proceeds were used to infrastructure has not kept pace with rapid finance the seismic rehabilitation of 18 advancements in communications emergency services buildings. technology generally, resulting in an inconsistent ability to transmit information Effective date: August 14, 2013 from a 9-1-1 caller’s phone into the 9-1-1 reporting system. Ideally, an incoming 9-1-1
70
Energy
71
House Bill 2004 report its findings and recommendations to the Legislature on or before November 1, 2013. Low-income electric bill assistance Effective date: May 14, 2013 Senate Bill 863 (2011) directed the Public Utility Commission to collect an additional House Bill 2106 $5 million per year for the low-income bill payment assistance program in the event that Energy Facility Siting Council siting criteria two or more economic criteria were met. The program is administered by the Oregon The Energy Facility Siting Council (EFSC) Department of Housing and Community was established in 1975 to oversee the Services (OHCS). development of large energy facilities, including: large electric generating facilities, House Bill 2004 removes the economic high voltage transmission lines, gas triggers for the collection of the additional pipelines, and radioactive waste disposal $5 million and instead provides OHCS with sites. House Bill 2106 directs EFSC to adopt authority to request the increase. This rules identifying its criteria for determining provision is scheduled to sunset on January whether the overall public benefit of facility 2, 2016. The measure also directs that an siting outweighs any adverse effects. advisory committee be appointed to determine which agency should oversee the Effective date: June 4, 2013 low-income energy assistance program. The advisory committee will present its findings to the appropriate interim legislative House Bill 2203 committees no later than December 1, 2013. Transmission lines Effective date: June 4, 2013 Electrical generation facilities are often connected to substations on or near the same House Bill 2105 site as the generation facility. The substation converts the voltage of the electricity and Energy Facility Siting Council review sends it to the electrical grid through The Energy Facility Siting Council (EFSC) generation tie-lines. is the primary state energy facility siting authority, and county planning commissions House Bill 2203 requires persons applying are the primary local authority. House Bill for a permit to build a transmission line with 2105 requires the Oregon Department of the Energy Facility Siting Council to notify Energy (ODOE) to study issues related to each people’s utility districts, municipal EFSC, including ways to encourage utilities, electric cooperatives, and public consistency between energy facility siting utilities in whose jurisdiction the rules at all levels of government; increase transmission line is to be built of intent to public and local government participation in receive approval for construction. the facility siting process; ensure efficient and cost-effective recovery of fees expended Effective date: January 1, 2014 in review of applications; and other matters deemed relevant. The bill requires ODOE to
72
House Bill 2435 an EEAST loan to a new owner if a property is transferred.
Fuel excise tax exemption and addition of Effective date: January 1, 2014 geothermal energy to net metering facilities Vehicle fuels are currently subject to a fuels House Bill 2694 excise tax of 30 cents per gallon. Biodiesel can be produced using cooking oil sourced Mapping Oregon’s territorial sea from restaurants and other facilities. Oregon’s territorial sea is defined as the House Bill 2435 exempts those diesel fuels waters and seabed extending seaward three blended with at least 20 percent biodiesel miles from the Pacific coastline. In 2009, the derived from cooking oil from the fuel tax, Legislative Assembly appropriated $1.3 when used in vehicles weighing less than million for mapping the territorial sea floor. 26,000 pounds. Vehicles over 26,000 With additional support from the National pounds pay the weight mile tax instead of Oceanic and Atmospheric Administration, the diesel fuel tax. The exemption applies to Oregon State University began a mapping fuels sold in retail establishments after project in 2010. However, large sections of January 1, 2014, and before January 1, 2020. Oregon’s territorial sea are presently unmapped. House Bill 2435 also adds geothermal House Bill 2694 requires any person energy to the list of eligible forms of energy authorized by a public body to develop for net metering. Oregon's net metering law energy resources in Oregon’s territorial sea allows utility customers to generate their to share geological and geophysical data own electricity and reduce their electricity with Oregon State University’s territorial bills. sea mapping project starting on January 1, 2014. Effective date: October 7, 2013 Effective date: May 22, 2013 House Bill 2436 House Bill 2704 EEAST loan program modifications Transmission lines on exclusive farm use The Energy Efficiency and Sustainable lands Technology (EEAST) Act was passed in 2009 to provide a means of financing either Renewable energy projects, such as wind production of renewable energy or increased and solar generation facilities, can be placed energy efficiency of residences or on or near land zoned for exclusive farm use businesses while using local workers to (EFU). This placement can pose a problem perform the improvements. These loans are when seeking to connect the generation paid back through monthly utility bills. facility to the electrical grid by generation House Bill 2436 stipulates where EEAST tie-lines (also known as associated loan funds may be spent and who may transmission lines), as EFU-zoned areas administer those funds. The measure also have a narrower range of acceptable land removes a requirement that utilities transfer uses.
73
House Bill 2704 creates an incentive for history, the amount assessed was between placement of associated transmission lines .05 percent and .07 percent of the assessed in existing corridors or rights-of-way. The company’s yearly total gross operating measure specifies conditions for the siting of revenues. The funds raised through this associated transmission lines on high-value assessment are a significant portion of the farmland if there is no available, reasonable Oregon Department of Energy’s (ODOE) alternative site and requires approval by the budget. county governing body or its designee. An applicant asking to site an associated House Bill 2807 adds several measures to transmission line on high-value farmland is increase transparency related to the ESA, required to present findings on how the lowers the maximum cap of the ESA to .375 applicant will mitigate the negative impacts percent of a supplier’s gross operating to the farmland and farm practices. revenue and transfers the Energy Facility Siting Council from the Department of Effective date: January 1, 2014 Administrative Services to the ODOE.
House Bill 2801 Effective date: January 1, 2014
Home energy assessments House Bill 2820
Before House Bill 2801, home energy Solar siting assessors had no licensure requirement and there was no agreed-upon method for The state Energy Facility Siting Council factoring in energy efficiency when valuing (EFSC), a seven-member board of appointed property. House Bill 2801 requires home individuals, is responsible for permitting energy assessors to be trained and licensed large energy facilities in Oregon. Smaller by the Construction Contractors Board and energy facilities are permitted by the county creates standards for home energy in which they are located. The EFSC review assessments. The measure also requires that process consolidates all state, city, and a state licensed or certified appraiser county standards and permits into a single consider improvements made to the review. structure of a building that make the House Bill 2820 clarifies EFSC jurisdiction building more energy efficient when issuing based on the type of solar energy facility and an opinion on the value of property. whether the proposed site is on high-value
farmland, predominantly cultivated land or Effective date: June 13, 2013 land that is predominantly composed of
class I to IV soil, or other land. House Bill House Bill 2807 2820 also exempts the decommissioned Christmas Valley Air Force Station facility Energy supplier assessment in Lake County from EFSC jurisdiction.
The energy supplier assessment (ESA) is an Effective date: June 6, 2013 assessment on utilities and energy suppliers that is not to exceed .5 percent of the assessed company’s yearly total gross operating revenues. For much of the ESA’s
74
House Bill 2893 generate electricity, or to produce, distribute, or store a wide variety of biofuels. Cities,
counties, or a group of counties can set up Solar feed-in tariff RRED zones in areas outside an urban There are two methods that Oregon growth boundary but within their ratepayers use to receive compensation for jurisdiction. No RRED zone can contain a producing energy through solar or small- project worth more than $250 million. scale wind power at their homes. These two House Bill 2981 allows an exemption from methods are net metering and feed-in tariff ad valorem property taxation under the rates. In Oregon the feed-in tariff program is RRED Program if the governing body of the called the Volumetric Incentive Rate zone adopts a resolution waiving Program (VIR Program). requirements and a $5 million investment is House Bill 2893 extends the sunset of the made. VIR Program until January 2, 2015, and Effective date: October 7, 2013 increases the VIR Program cap to 27.5 megawatts. House Bill 2893 also requires the Public Utility Commission, in Senate Bill 230 consultation with the Oregon Department of Energy, to study the effectiveness of Siting of transmission lines programs that incent solar photovoltaic energy systems and report to the Legislative The Energy Facility Siting Council (EFSC) Assembly on or before July 1, 2014. has regulatory and siting responsibility for large electric generating facilities, high Effective date: May 28, 2013 voltage transmission lines, gas pipelines and radioactive waste disposal sites. In siting an House Bill 2981 energy facility, including a transmission line, the EFSC goes through a Rural renewable energy development comprehensive review process to determine whether the facility meets the EFSC’s siting Enterprise zones are designed to encourage standards, including a “need” standard for business investment through property tax transmission lines. If a facility meets those relief. In exchange for locating or expanding standards, the EFSC can issue a site into an enterprise zone, eligible (generally certificate. If a party appeals a site certificate non-retail) businesses receive total determination, the appeal is sent directly to exemption from the property taxes normally the Oregon Supreme Court for adjudication. assessed on new plants and equipment for a The entity constructing the facility typically specified amount of time, which varies must negotiate with affected landowners to between the different enterprise zone purchase the land and/or for the right to programs. The Rural Renewable Energy construct the facility on the land. If the Development (RRED) program is similar to landowner refuses to grant construction other enterprise zones. The abatement is a rights, however, the site certificate does not three- to five-year exemption from local allow for condemnation authority to taxes on new property used for renewable purchase the property. Instead, in cases energy activities. These renewable energy involving overhead transmission lines, the activities can include wind, geothermal, entity must petition the Public Utility solar, biomass, or other forms of energy to Commission (PUC) and request a Certificate
75 of Public Convenience and Necessity. The must be provided no later than December 1, PUC holds a public hearing on the petition 2013, and a final report no later than and investigates to determine the necessity, November 15, 2014. safety, practicability, and justification in the public interest for the proposed transmission Effective date: August 14, 2013 line facility. If the PUC issues a Certificate of Public Convenience and Necessity, the Senate Bill 536 petitioning entity is granted condemnation authority for the project. Electric vehicle charging stations on state property Senate Bill 230 addresses a particular issue related to seeking condemnation authority Electric vehicle (EV) charging stations are from the PUC following approval of a site locations where vehicles can plug into an certificate from the EFSC. While appealed electrical source to recharge batteries. EV EFSC decisions are sent directly to the charging stations are necessary to support Oregon Supreme Court, an appealed the growing fleet of EVs throughout decision by the PUC on a Certificate of Oregon. Oregon and Washington have Public Convenience and Necessity is designed a border-to-border network of EV adjudicated first by a trial court, even though fast-charging stations along Interstate 5 to the utility has already passed through the advance electric vehicle transportation. review process of the EFSC. Senate Bill 230 specifies that in cases where a utility Senate Bill 536 authorizes a state agency to receives such a certificate, any appeal is to install, or have installed, EV charging be adjudicated by the Oregon Supreme stations on the agency premises. The Court. measure stipulates that unless a grant has been obtained to support installation, the Effective date: January 1, 2014 Department of Administrative Services is limited to installing ten EV charging stations and other agencies are limited to installing Senate Bill 306 five EV charging stations per biennium. Under the Act, an agency is authorized to Report on clean air fee or greenhouse gas contract with a vendor to make the emission tax electricity available, but it requires the Senate Bill 306 directs the Legislative vendor indemnify the agency against any Revenue Officer to prepare a report for the claim arising out of the vendor’s operations Legislative Assembly on the feasibility of and obtain sufficient liability insurance. imposing a statewide clean air fee or tax on Senate Bill 536 also authorizes an agency to greenhouse gas emissions. The report must establish the price of using an EV charging identify an effective structure for a fee or tax station, but requires that the price be set at a to generate revenue, evaluate the impacts of level that does not subsidize the operations such a fee or tax on various economic of the private entity or the cost of the factors, and evaluate the costs and benefits electricity to the public, or substantially of the fee or tax relative to existing laws. exceed the costs to the agency of making the The bill authorizes the Legislative Revenue electricity available to the public. Officer to contract with third parties to Additionally, Senate Bill 536 extends a prepare the report. A preliminary report Department of Administrative Services program to make compressed natural gas
76 available for use in motor vehicles until renewable energy projects, including wave January 2, 2018. energy. These facilities vary in type and may require structures and equipment to be Effective date: January 1, 2014 anchored to the seafloor and transfer energy to on-shore substations. The Oregon Senate Bill 605 Territorial Sea Plan describes the process for making decisions concerning the
development of renewable energy facilities in Process for amending Oregon Territorial Sea the state territorial sea. Plan or Ocean Resources Management Plan
Senate Bill 606 clarifies financial assurance The Ocean Policy Advisory Council and decommissioning requirements for wave (OPAC) is responsible for making energy projects and identifies needed recommendations to the Land Conservation research related to the transmission of and Development Commission (LCDC) electricity from wave energy facilities and regarding the adoption of amendments to the devices. The measure directs the Oregon Oregon Ocean Resources Management Plan Department of Energy to report to the and the Territorial Sea Plan. Prior to Legislature on issues related to the adoption, LCDC must find that the plans, transmission of electricity from wave energy and any recommended amendments, are on or before November 1, 2014. consistent with the Ocean Resource
Management Act and statewide land use Effective date: June 6, 2013 planning goals. If LCDC cannot make these findings, it must send the amendments back to OPAC for revision. In 2013, LCDC made Senate Bill 692 findings and adopted the staff recommendations made by the Department Minimum energy efficiency standards of Land Conservation and Development, instead of the amendments recommended by In 2005, the Legislature set minimum OPAC. energy efficiency standards for 11 types of appliances. Testing requirements and Senate Bill 605 clarifies that LCDC must minimum efficiency standards are outlined make findings on OPAC’s amendments and in the regulations. The standards do not specifies a process if LCDC is unable to apply to products installed in a mobile or make such findings. manufactured home at the time of construction or designed expressly for Effective date: June 13, 2013 installation and use in recreational vehicles.
Senate Bill 606 Senate Bill 692 establishes minimum energy efficiency standards for televisions, large Financial assurance and decommissioning of battery charger systems, inductive charger wave energy projects systems, small battery charger systems with certain exceptions, and high light output Oregon’s territorial sea, defined as the ocean double-ended quartz halogen lamps. The and seafloor area from mean low water measure prohibits the sale, offer for sale, or seaward three nautical miles, has been installation for compensation of any of these identified as a favorable location for siting
77 products that do not meet or exceed the of $40 million in eligible costs for each standards in Oregon. phase of development. This tax credit will sunset on January 1, 2014. Effective date: January 1, 2014 Senate Bill 321 would have extended the LEGISLATION NOT sunset date to January 1, 2020 for tax credits for renewable energy resource equipment ENACTED manufacturing facilities.
House Bill 2792 Senate Bill 562
Carbon tax Community net metering facilities
House Bill 2792 would have imposed a Oregon’s net metering law allows all utility carbon tax on fuel suppliers and utilities customers who generate their own electricity based on the amount of carbon in their fuel to reduce their electric bills. Customers that sold to Oregon consumers, or used to install a solar photovoltaic or wind energy produce electricity supplied to Oregon system may ask their electricity provider to consumers. The measure also would have switch out their existing utility meter for a bi- also repealed a variety of taxes and directional “net” meter, at no charge. The regulations relating to fuels or energy, new meter keeps track of how much power is including the renewable fuels standard, the consumed by the customer, and how much renewable portfolio standard, the motor power is returned to the power grid by the vehicle tax, and the low carbon fuels device(s) installed by the customer. The standard. customer is charged only for “net” usage. Customers generating more power than they Senate Bill 321 use in a given month will not receive a bill for that month, and kilowatt hour credits will
be applied to future electric bills. Renewable energy resource equipment manufacturing facilities tax credit House Bill 562 would have required utilities
to provide a credit to subscribing customers Oregon facilities that manufacture who receive electricity service for electricity renewable energy resource equipment may generated by a community net metering be eligible for a Business Energy Tax facility with a capacity between 10 kilowatts Credit. Eligible costs may include the and two megawatts. Customers would have building, equipment and machinery and been credited for their share of the electricity other costs used to manufacture equipment, generated by the community net metering machinery, or products designed exclusively facility. to use a renewable energy resource. The facilities are eligible for a tax credit of 50 percent of eligible costs, up to a maximum
78
Environmental Quality
79
House Bill 2048 available pest control methods to manage pest damage through economical means and Paint stewardship program with the least possible hazard to people, property, and the environment. House Bill 3037 (2009) created a pilot House Bill 3364 revises the IPM definition program allowing PaintCare, a non-profit in state law and establishes the IPM organization created by the paint industry, to Coordinating Committee composed of state collect and recycle paint. Fees charged to and public university employees to share customers buying paint at the time of sale information, develop adaptive approaches to funded PaintCare’s efforts. The pilot improve IPM programs, and report to the program was scheduled to sunset on June Legislative Assembly. 30, 2014.
Effective date: June 4, 2013 House Bill 2048 makes the program permanent while requiring the reporting of additional information by PaintCare to the House Bill 3451 Department of Environmental Quality. Oceangoing Research Vessel Program Effective date: July 29, 2013 The U.S. National Science Foundation owns a fleet of research vessels stationed in House Bill 3103 multiple coastal states. The operation of these vessels is usually funded by a mix of Oil spill planning federal support, state funding and research grants. These vessels perform a variety of Until recently, Oregon has not had a facility research, normally in conjunction with state that exports crude oil. As a result, the universities, in the immediately surrounding Department of Environmental Quality coastal waters. At this time, Oregon is the (DEQ) has not regulated some aspects of oil only state with a federally funded research exportation, including requiring oil spill vessel, R/V Oceanus, that does not designate planning for facilities transferring petroleum any state funding for vessel operations. onshore to a ship. House Bill 3451 establishes the Oceangoing House Bill 3103 expands the definition of a Research Vessel Program at Oregon State “facility” to require oil spill plans for University (OSU) to conduct specified facilities exporting petroleum to a ship while marine research activities, and appropriates excluding smaller scale facilities like funds to operate R/V Oceanus. The measure marinas or public fueling stations. also creates the Research Vessel Council Effective date: January 1, 2014 with seven members appointed by the President of OSU. The measure directs OSU House Bill 3364 to report to the Legislature no later than November 30, 2015 on research conducted Integrated pest management under the program, additional research needed, and the sufficiency of federal Integrated pest management (IPM) programs support for ongoing operations. use information on the life cycles of pests, their interaction with the environment, and Effective date: July 25, 2013
80
Senate Bill 117 Oregon’s Environmental Cleanup Assistance Act was enacted by the
Legislative Assembly in 1999 and modified Bottle Bill redemption center program in 2003. Prior to enactment of Senate Bill expansion 814, the Act specified procedures for lost
environmental insurance policies and In 1971, Oregon enacted the “bottle bill.” required insurers to cover certain Within two years of its implementation, environmental cleanup costs including more than 90 percent of all carbonated investigations, feasibility studies, and other beverage containers were being recycled and expenses. The Act allowed policy holders more than 80 percent of the roadside with coverage from multiple insurers to container litter was eliminated. The 2007 choose which insurer to handle the claim Legislative Assembly expanded coverage of while the insurer had the responsibility to the five-cent beverage container deposit to seek contributions from the other insurance include water and flavored water beverage providers. containers. In 2011, the Legislative
Assembly passed House Bill 3145, which Senate Bill 814 expands the Oregon expanded the types of beverage containers Environmental Cleanup Assistance Act by subject to the deposit, set a trigger for the providing a right of action for unfair deposit to increase to 10 cents if the environmental claims settlement practices, recycling rate falls below 80 percent for two requiring coverage of damage to third-party consecutive years (but not before 2017), and property and expenses to mitigate damage, set up a redemption center pilot project. In and establishing a right to independent 2012, the Legislative Assembly passed counsel and environmental consultants to be Senate Bill 1508, which allowed two or provided by the insurer in certain more beverage distributors to establish a circumstances. cooperative and required distributors, importers and cooperatives to report Effective date: June 10, 2013 information on bottle returns to the Oregon
Liquor Control Commission (Commission). Senate Bill 844 Senate Bill 117 modifies the redemption center program by removing its status as a Voluntary emission reduction program pilot program and authorizes the Commission to approve additional centers. In 2007, the Legislative Assembly enacted The Act also requires that the Commission House Bill 3543, establishing greenhouse submit a report to the Legislature no later gas (GHG) emission reduction goals for the than March 1 of each odd-numbered year on state, including the goal of reducing GHG certain information. levels to at least 10 percent below 1990 levels by the year 2020. In 2009, the Effective date: May 13, 2013 Legislative Assembly enacted Senate Bill 101, requiring the Public Utility Commission (PUC) to report biennially to Senate Bill 814 the Legislative Assembly on the estimated
rate impacts for Oregon’s regulated electric Expanding rights and duties under Oregon and natural gas companies in meeting the Environmental Cleanup Assistance Act state’s GHG emission goals.
81
Senate Bill 844 creates a voluntary incentive inspection program to a private entity or program for certain public utilities to invest local government. in projects that reduce emissions. The measure specifies criteria for participation, House Bill 2813 including reduction of emissions (either directly or indirectly), stakeholder Arundo donax L. involvement in project development, and benefits of the project to the utility’s Arundo donax L. is a type of grass that can customers. The utility must show that it grow over 20 feet tall. Portland General would otherwise not make the investment Electric (PGE) is interested in it as a source without the incentive, and that the aggregate of biomass and has a test plot of Arundo effect of projects undertaken by the utility donax L. near the Boardman Coal Plant. The does not exceed the rate impact specified by utility plans to harvest and torrify, or dry, the PUC. The measure also outlines the resulting biomass for testing purposes. application and review processes. House Bill 2813 would have declared Arundo donax L. (also known as Giant Cane Finally, Senate Bill 844 requires that the or Giant Reed) as an invasive species and PUC conduct a biennial study regarding prohibited growing or harvesting the plant. whether federal law, or other state laws, provide adequate incentives for projects to reduce emissions, and directs the PUC to House Bill 3030 submit a report to the Legislative Assembly by February 1 of each odd-numbered year. Brownfield remediation
Effective date: January 1, 2014 Brownfields are properties that have been contaminated with hazardous materials. Currently, there are roughly 4,800 known or LEGISLATION NOT suspected brownfield sites in Oregon with ENACTED another 50 to 100 found every year. Of the 4,800, approximately 1,600 have had their contamination remediated or removed House Bill 2412 completely. Depending on the level of contamination, brownfields are unfit for Vehicle Pollution Control System many or all types of development. Cleanup of a brownfield site is often a very costly The Department of Environmental Quality task, potentially ranging into the hundreds of (DEQ) manages two vehicle inspection thousands or millions of dollars depending programs (VIP) in Oregon. The Portland on the size of the property and type of area VIP started in 1975. The Rogue Valley contamination. The Brownfields VIP for Medford and surrounding areas Redevelopment Fund provides loans and began in 1986. By inspecting exhaust grants for environmental actions on emissions, DEQ identifies vehicles that are brownfield sites. producing more air pollution than expected. House Bill 3030 would have added the House Bill 2412 would have required the demolition of structures containing Environmental Quality Commission to hazardous substances to the definition of contract the motor vehicle pollution control environmental action. It also would have
82 appropriated $10 million to the Brownfields establish a market-based program in which Redevelopment Fund and allowed the fund parties or voluntary buyers purchase specific to provide financial assistance to public and conservation outcomes. The measure also private owners undertaking environmental directed the Oregon Watershed actions. Enhancement Board (OWEB) to convene a work group to address additional issues. The House Bill 3171 work group met for a year and issued a report to the 2011 Legislative Assembly.
Local regulation of pesticides House Bill 3337 would have directed the
Governor’s Office to convene a work group State law (ORS 634.057) prohibits the to accomplish the following: identify and adoption or enforcement of an ordinance, prioritize solutions to improve the State’s rule or regulation by a local government ability to use ecosystem services and tools to regarding the use or sale of pesticides. meet conservation goals while providing
socio-economic benefits for landowners; House Bill 3171 would have allowed propose pilot projects; and consider the role counties, cities, towns, or other political of state agencies and local governments in subdivisions to enact and enforce ordinances the use of public funds to achieve or regulations intended to prevent or control measurable ecological outcomes. The the presence of pesticides in surface and measure would have also required the ground water used as a source of potable Governor’s Office, in cooperation with water. OWEB, to review local, state, regional, and
federal conservation plans and laws that House Bill 3186 could impact ecosystems. This review and the creation of a report were to be guided by Septic system rules a work group and findings reported to an interim legislative committee related to the The Environmental Quality Commission environment and natural resources on or (EQC) sets minimum standards for the before June 30, 2015. The bill also further design and construction of alternative developed guidelines that encourage state sewage disposal systems. House Bill 3186 agencies and local governments’ goals for would have required the EQC to seek to maintenance, enhancement, and restoration minimize the negative economic impacts on of ecosystem-related services. homeowners and businesses of administrative rules applicable to such Senate Bill 212 systems.
Vehicle Inspection Program House Bill 3337 The Department of Environmental Quality Ecosystem services (DEQ) manages two vehicle inspection programs (VIPs) in Oregon. The Portland Senate Bill 513 (2009) outlined an approach area VIP started in 1975. The Rogue Valley to ecosystem services allowing for the VIP for Medford and surrounding areas development of incentive programs for began in 1986. By inspecting exhaust private landowners to provide services, or to
83 emissions, DEQ identifies vehicles that are Senate Bill 800 producing more air pollution than expected.
Task Force on Pesticide Application Senate Bill 212 would have required the Reporting Environmental Quality Commission to prepare revisions to Oregon’s State Under current law, pesticide operators and Implementation Plan under the federal Clean public and commercial pesticide applicators Air Act, by adopting criteria, methods, and are required to maintain records containing standards modeled after Washington State’s specific pesticide application information for vehicle inspection program. three years. The required information
includes the firm or person for whom a Senate Bill 488 pesticide application was made, location of the land or property where application was Low carbon fuel standard completed, date and approximate time of application, supplier of pesticide product Research indicates that transportation applied, trade name and the strength of produces over a third of Oregon’s pesticides applied, amount or concentration, greenhouse gas emissions. The 2009 Oregon specific property, and crop(s) to which the Legislature adopted House Bill 2186, which pesticide was applied. For agricultural authorized the Environmental Quality applications, the records must contain the Commission to develop a low carbon fuel specific crop and a summary of information standard for Oregon. House Bill 2186 of equipment, device or apparatus used and, contained a provision that would sunset that if applied by aircraft, the Federal Aviation low carbon fuel standard on December 31, Administration number and the name of the 2015. The Department of Environmental applicator or trainee. Quality convened an advisory committee of stakeholders to discuss, debate, and offer Senate Bill 800 would have created the Task recommendations for various design Force on Pesticide Application Reporting elements of Oregon’s low carbon fuel (Task Force). The Task Force would have standards. been required to study, develop recommendations, and report to the Senate Bill 488 would repeal the sunset on Governor and the Legislative Assembly on provisions of the low carbon fuel standard whether state and local governments should statute. be required to report on pesticide applications by public applicators or public trainees.
84
Government
85
House Bill 2140 one-year increments, through July 2013. However, the federal government has
Local government investments in reduced payments to Oregon with each Intermediate Term Pool subsequent reauthorization, resulting in a substantial loss of General Fund revenues for ORS 293.728 establishes the Oregon Short Oregon’s timber counties and compromising Term Fund, a pool of state and local their ability to provide county services. government funds, as the investment vehicle for funds not authorized for discrete If a county believes it is in a state of fiscal investment. The State and Local distress that compromises its ability to Government Efficiency Task Force, provide a minimally adequate level of public established by House Bill 2855 (2011), services, House Bill 2206 allows the recommends allowing local governments the governing body to ask the Governor to option to invest in the Intermediate Term declare a county emergency; ask the Pool, a separate investment pool managed Secretary of State to assume control over the by the State Treasurer’s office but currently administration of elections; ask the limited to funds of state agencies and state- Department of Revenue to provide services sponsored entities. Existing statutory to ensure a minimally adequate level of language groups counties, municipalities, property tax assessment services, property political subdivisions, and school districts tax collection services or both to all together when defining permissible municipal corporations in the county; and investments. For calendar year 2012, the rate allows the Oregon Department of Veterans’ of return on the Short Term Fund was 1.65 Affairs to retain funding for county percent, while the Intermediate Term Pool veterans’ service officers and to provide had a rate of return of 5.72 percent in the veterans’ services in a county not providing same period. a county veterans’ service officer in a manner deemed appropriate by the director. House Bill 2140 adds commingled investment pools established by the State The measure requires that the county resume Treasurer, such as the Intermediate Term services upon determination by the Pool, to the list of authorized investments Governor or two years after the declaration for local governments. of emergency.
Effective date: May 22, 2013 Effective date: October 7, 2013
House Bill 2206 House Bill 2207
State to provide specific county services Expanding electronic options for state payroll The Secure Rural Schools and Community Self-Determination Act of 2000 was passed Approximately 37,000 state employees and by the federal government to recognize the officers currently receive printed monthly loss of revenue to counties as timber statements of deductions even though over harvests dramatically declined. By 2000, 80 percent of state employees have income had declined by 80 percent. The Act established electronic direct deposit for their expired in 2007, but has been renewed, in paychecks. The remainder receive a paper
86 check or a debit-style payroll card. House Bill 2212 increases the maximum Individual agencies may print the deduction value of small procurements from $5,000 to statements for distribution and hand-deliver $10,000 for goods and services obtained for the statements to employees. non-construction purposes. The change allows use of a streamlined process for small House Bill 2207 requires wages for state procurements, while reflecting the increase employees and officers to be electronically in costs since the threshold was established deposited, except in cases where the in 1997. Department of Administrative Services determines it is not practicable or efficient Effective date: January 1, 2014 or an individual has asked to receive payment by check or bank-issued payroll House Bill 2323 card. The measure also requires electronic delivery of itemized deduction statements, Removes sunset on Oregon Growth Board except in cases where an individual has asked to receive paper statements. House Bill 4040 (2012) created the Oregon
Growth Board (Board) to establish a Effective date: June 13, 2013 statewide strategy for how Oregon’s many
disparate economic development House Bill 2212 investments are made. This measure included a number of provisions that were Small procurements under Public inactive unless a June 30, 2013 sunset date Contracting Code was removed.
Oregon’s Public Contracting Code House Bill 2323 eliminates the sunset and establishes processes and requirements for allows these provisions to become operative. specific public procurements, including These provisions establish the Oregon small and intermediate procurements Growth Fund (OGF) and the authority for determined by the dollar amount of the the Board to manage the OGF, and transfer procurement. Apart from specific the management of the Oregon Growth exemptions, the Public Contracting Code Account (OGA) from the State Treasurer to applies to all public contracting. Small the Board. The provisions authorize the procurements may be awarded in any Board to use the OGF to: (1) encourage manner deemed practical or convenient by a investment in and availability of capital to contracting agency; in comparison, for in-state businesses, and increase resources intermediate procurements contracting available to further economic development; agencies must seek at least three informal and (2) use OGF monies to make bids and document the competitive price investments in, and provide loans or grants quotes or proposals received. Intermediate to, businesses to promote economic procurement requirements apply to development. The allowable use of OGA procurements exceeding the small funds are expanded to include the allowable procurement level (currently $5,000) but not uses for Oregon Growth Fund monies, exceeding $150,000. The $5,000 limit for excluding the making of grants. small procurements was established in statute in 1997. Effective date: August 14, 2013
87
House Bill 2345 Board of Commissioners proclaimed the communities of Boring, Oregon and Dull,
Scotland a “Pair for the Ages.” The unofficial Establishes Oregon Innovation in sister cities were brought together after a Infrastructure Task Force Scottish vacationer took a bike ride through
Boring and sent word of the funnily named The American Society of Civil Engineers town to her friends back in Dull, who then Oregon Infrastructure Report Card rated worked with the Boring Community Oregon’s overall infrastructure a “C-minus” Planning Organization to arrange a new in 2010. In 2012, Oregon partnered with “sister-city” program with a town halfway California, Washington, and British across the world: Dull, Scotland. As neither Columbia to form the West Coast community is a city, they do not qualify for Infrastructure Exchange (Exchange) to the official Sister City program, therefore identify new methods to finance and Boring and Dull are partners in an unofficial facilitate infrastructure development. sister-city relationship. While the Currently, the Exchange exists as a non- relationship was born out of fun, the profit organization with coordination recognition has brought international media provided by the Oregon State Treasury and attention and increased tourism to both financial support provided by the communities. Rockefeller Foundation.
House Bill 2352 designates August 9 of each House Bill 2345 establishes a 10-member year as Boring and Dull Day. Oregon Innovation in Infrastructure Task
Force to make recommendations to the Effective date: January 1, 2014 Legislative Assembly regarding innovative practices related to public infrastructure, including participation in the Exchange. House Bill 2370
The measure also contains a provision Expanding information included on Oregon related to the Marine Navigation Transparency Website Improvement Fund (MNIF). The federal government has, in the past, funded House Bill 2500 (2009) established the dredging and maintenance activities for Oregon Transparency Website. Currently, Oregon’s small coastal ports but no longer the website must include reports from an has the resources to do so. Oregon’s MNIF education service district (ESD); public exists for certain navigation infrastructure meeting notices from agencies, boards and projects. House Bill 2345 also modifies the commissions; reports on tax expenditures types and priority of projects eligible under issued for economic development; and MNIF. reports on county expenditures of lottery funds. Effective date: July 12, 2013 House Bill 2370 establishes requirements for the transparency website to include links House Bill 2352 to websites hosting minutes or summaries of
public meetings, websites with information Boring and Dull Day relating to agency administrative rules,
websites listing information on agency and On August 9, 2012, the Clackamas County
88
ESD contracts, and transparency websites Court judges and members of the Legislative for local government and special districts. Assembly. The measure also specifically requires posting copies of local government reports Effective date: January 1, 2014 regarding properties in enterprise zones received by the Department of House Bill 2643 Administrative Services, Department of
Revenue, or Business Development Oregon license directory Department.
To assist businesses, the Secretary of State Effective date: January 1, 2014 has made available an online license
directory (http://licenseinfo.oregon.gov/) House Bill 2597 that provides information on state licenses, certifications, permits, and registrations. It Disconnects salaries of judges from also includes federal license summary legislators information. Cities, counties, and regional jurisdictions began entering license Oregon’s Public Officials Compensation information on a voluntary basis in 2005. As Commission (POCC) was created by the of August 2, 2013, there were 1,188 entries Legislative Assembly in 1983. The seven- by 113 agencies, which included only three member commission was responsible for counties and five cities. reviewing and making recommendations to the Legislative Assembly regarding the House Bill 2643 directs the Office of the salaries of legislators; Governor; Secretary Secretary of State to maintain the Oregon of State; State Treasurer; Attorney General; License Directory and provide information Superintendent of Public Instruction; on all known licenses, certifications, Commissioner of the Bureau of Labor and permits, and registrations for which fees are Industries; and judges from the Court of imposed on small businesses by local and Appeals, Supreme Court, Circuit Court, and state agencies. State and local agencies are Tax Court. Based on the recommendations required to annually report various licensing of the POCC, the Legislative Assembly was and fee statistics to the Secretary of State, to set salaries for the elected officials and including the average time to process and legislators. issue licenses. The directory is to be made available on the Internet to the public free of In 2007, the POCC was reestablished and charge. the membership increased to 11. In 2009, Circuit Court Judge salaries were tied to the Effective date: July 1, 2013 salaries of the Legislative Assembly members. The salaries of Legislative House Bill 2646 Assembly members were set at one step below the maximum salary range in the Applies prevailing wage to the Oregon Management Service Compensation Plan of University System the Executive Branch or 17 percent of the salary of a Circuit Court judge. House Bill Oregon is one of 32 states that currently 2597 disconnects the salaries of Circuit have a prevailing wage law modeled after
89 the federal Davis-Bacon Act. The Oregon House Bill 2662 law is designed to ensure that contractors compete on their ability to competently and Allowing cities to remedy neglected efficiently perform work while maintaining properties in foreclosure community compensation standards, to encourage training and education of workers A 2013 study found that of Oregon’s 3,900 in industry skill standards, and to encourage homes in foreclosure, 1,100 are vacant. A employers to use the funds required by law vacant foreclosed home may fall into a state for fringe benefits for the actual purchase of of neglect and may create a nuisance within such benefits. The Bureau of Labor and its neighborhood. Prior to enactment of Industries (BOLI) is responsible for House Bill 2662, local governments did not administering and enforcing prevailing wage have the statutory authority to remedy law in Oregon and for educating contractors, nuisances created by vacant foreclosures. subcontractors, and public agencies about prevailing wage law requirements. House Bill 2662 prohibits property owners
from neglecting property in foreclosure. The Though there are exceptions and measure requires the owner of the property exemptions, public works projects are to post contact information on the house, generally covered by the state’s prevailing and to give such information to the local wage rate law under the following government or neighborhood association. conditions: the total project cost exceeds Additionally, should neglect or nuisance $50,000; the project is for construction, arise on the property, the local government reconstruction, major renovation, or may require the owner to remedy the painting; and the project directly or situation. If the owner does not provide a indirectly uses public agency funds. Public timely remedy, the local government is work on privately owned land or buildings is authorized to address the nuisance and covered under prevailing wage law if the attach a lien against the property for the project is for construction, reconstruction, costs of remedying the nuisance. major renovation, or painting and uses at least $750,000 in public funds, or if it is for Effective date: June 6, 2013 construction in which one or more public agencies will occupy or use at least 25 percent of the project’s square footage. House Bill 2927
House Bill 2646 applies the prevailing wage Port of Portland awarding of contracts and rate law to the Oregon University System leasing spaces (OUS) and to agreements between OUS and private entities for construction, House Bill 2927 gives the Port of Portland reconstruction, renovation, or painting (Port) explicit authority to establish best projects on real property that OUS owns, or value standards and criteria when awarding that is owned by an OUS-member contracts and leasing space. The standards institution. and criteria may take into account the qualifications, compensation, and retention Effective date: May 22, 2013 policies of contractors and lessees with respect to the staff and subcontractors operating at the Port.
90
The Port has the statutory authority to device necessary to accommodate additional regulate the use of its property, but its power traffic in the neighboring roadways. is limited to users who serve to promote aviation, commerce, or industry, as opposed Effective date: January 1, 2014 to general welfare. Prior to enactment of House Bill 2927, an attempt to impose best House Bill 3258 value standards at the airport could be subject to possible legal challenge on the Establishes Office of State Chief Information grounds that such an action is beyond the Officer Port’s legal authority. The Department of Administrative Services Effective date: January 1, 2014 (DAS) is the central administrative agency for state government. DAS has been House Bill 3130 transitioning to an “entrepreneurial management” model of operation, and in Expands use of industrial development fund that transition, has established a Chief monies Information Office. The current position of state chief information officer is the head of Deschutes County is seeking to use the Office and oversees planning, approximately $200,000 in proceeds from its management, and policy development industrial development fund to match funds relating to information resources across state from the Oregon Department of government. Transportation for transportation upgrades to the U.S. 97 intersection at First Street in the House Bill 3258 formally establishes the City of LaPine. Although the land is zoned Office of State Chief Information Officer for industrial use, without such and transfers certain responsibilities and improvements, applications for industrial duties from the Director of DAS to the new and other development projects in the office. The Chief Information Officer will LaPine Industrial Park and surrounding area be appointed by the Governor. The measure will be denied under existing land use also eliminates the Information Resources regulations due to traffic generated by the Management Council and Stakeholders projects. Advisory Committee.
House Bill 3130 authorizes the use of Effective date: July 29, 2013 monies within a county Industrial Development Revolving Fund for House Bill 3263 construction of off-site transportation and utility infrastructure necessary for the Paid leave for state employees development of industrial uses on a site zoned for industrial use. Such expenditures Under current law, any employer who are currently prohibited by ORS 275.318, employs at least six individuals is required to even in cases where development of the site allow an eligible employee to take may not go forward without the reasonable, unpaid leave to seek services, infrastructure improvements. The change assistance, or treatment if they are a victim of will allow the use of industrial development domestic violence, harassment, sexual funds for purchase of the traffic control assault, or stalking. An employee is eligible
91 for protected leave if the individual has House Bill 3316 requires the Secretary of worked for the employer an average of more State to conduct a performance audit of than 25 hours per week for at least 180 days. TriMet and report findings of the audit to the Legislative Assembly. The measure was House Bill 3263 grants paid leave to eligible introduced in response to several high- employees of the State of Oregon who are profile issues facing the agency, including victims of domestic violence, harassment, unfunded actuarial liabilities in its retiree sexual assault, or stalking. The employee trust funds, high ratio of employee benefits may take up to 160 hours of paid leave in to wages, and reductions in services. The each calendar year. The leave granted under audit is to be completed and submitted to the the measure is in addition to any vacation, Legislative Assembly by January 30, 2014. sick, personal business, or other form of leave available to the employee. However, Effective date: August 1, 2013 the employee must first exhaust all other paid leave before using the paid leave provided by House Bill 3342 this measure. The measure also requires the
State of Oregon, as an employer, to inform Public employer use of public funds to certain employees of any communications in influence collective bargaining the workplace that are related to the victimization of the employee and offer to The Public Employee Collective Bargaining report the communication to law Act (PECBA) became effective in 1973. enforcement. PECBA administers laws governing
employment relations and public employers Effective date: July 2, 2013 and employees in state, counties, cities,
school districts, transportation districts, and House Bill 3316 other local governments. The Employment Relations Board (ERB) is responsible for Tri-Met audit enforcing PECBA, determining appropriate bargaining units, conducting elections for The Tri-County Metropolitan Transportation representation of employees, issuing District (TriMet) is a public agency that declaratory rulings and orders in contested operates the mass transit system throughout case adjudications of unfair labor practice the Portland metropolitan region. Created in complaints, and resolving disputes over 1969 by the Legislative Assembly, TriMet is union representation and collective governed by a seven-member board of bargaining negotiations. directors appointed by the Governor. The district has its own boundary, which House Bill 3342 finds that: public funds currently encompasses portions of may not be used to subsidize interference Multnomah, Washington, and Clackamas with an employee’s choice to join or be counties. TriMet operates a bus system, as represented by a labor union; some public well as paratransit, throughout the region. employers use public funds to aid or deter Since 1986, TriMet has operated the union organizing efforts; and the use of Metropolitan Area Express (MAX) light rail public funds to deter union organizing is system, which now encompasses 52 miles contrary to the purposes for which the funds on four lines. were appropriated and is a wasteful use of scarce public resources. To that end, the
92 measure prohibits public employers from investment earnings and are capped at one using public funds to support, assist, percent of total fund assets. Pooled promote, or deter union organizing. contributions and professional management Additionally, the ERB is tasked with are expected to reduce the investing errors enforcing the measure, including the that individual savers may make, thus adoption of rules. increasing the returns beyond what an individual saver would experience. Eleven Effective date: July 25, 2013 other states have considered similar legislation in recent years to provide a place House Bill 3400 for private employees or citizens to invest without the considerable expense and
Agency expenditure information on Oregon market risks to which individual savers are Transparency Website exposed.
House Bill 2500 (2009) established the House Bill 3436 establishes the Oregon Oregon Transparency Website. Currently, Retirement Savings Task Force and directs it the website must include reports from to develop recommendations for increasing education service districts; public meeting the percentage of Oregonians saving for notices from agencies, boards and retirement or enrolled in a retirement plan commissions; reports on tax expenditures and for increasing the amount of those issued for economic development; and individual savings. Membership includes the reports on county expenditures of lottery State Treasurer or his designee and six funds. people appointed by the Governor. The measure specifies that the Task Force may House Bill 3400 requires the Transparency not recommend plans or products that Website to include a description of the would: subject state or private sector percentage of expenditures made in-state employers to responsibilities under the and out-of-state for each state agency’s federal Employee Retirement Income contracts for goods and services. Security Act of 1974; result in tax treatment that is less favorable than that provided Effective date: January 1, 2014 under existing provisions of the Internal Revenue Code; create any guarantee or cause the State of Oregon to incur any House Bill 3436 liability or obligation for payment of savings or benefits earned by plan participants; or Establishes Oregon Retirement Savings Task create any financial obligation, liability, or Force guarantee on the part of private-sector employers whose employees participate in In 2012, California enacted legislation the plan. The Task Force is directed to (Senate Bill 1234) establishing a retirement report to an interim committee of the savings program for private employees who Legislative Assembly by September 1, 2014. do not participate in an employer-sponsored retirement savings plan. The legislation calls Effective date: August 1, 2013 for a market analysis to determine factors regarding how the plan would be implemented. Once operational, administrative costs will be paid from
93
House Bill 3453 funding sources. Both parties to the IGA are jointly and severally liable for debts and
obligations unless otherwise specified. Proclamation of county public safety fiscal emergency by Governor A public safety fiscal emergency terminates
after 18 months unless it is ended earlier or Many Oregon counties continue to later by the Governor or by action of the experience financial instability in the current Legislative Assembly. The proclamation economic climate that could impair basic may also be terminated by the Governor public safety services. House Bill 3453 when the emergency no longer exists or creates a mechanism for state intervention, when the threat of such emergency has permitting the Governor to act on behalf of passed; and the Legislative Assembly may the county in financial distress and arranging terminate the proclamation without such for assistance from other local governments. findings. In addition, the measure limits the The measure allows the Governor to number of counties for which the Governor determine the fiscal conditions that can proclaim a public safety fiscal compromise the ability of a county to emergency to no more than two for any provide a minimally adequate level of single proclamation before July 15, 2014. services and declare a “Public Safety Fiscal
Emergency” in a county after consulting Effective date: October 7, 2013 with the Senate President and Senate
Majority and Minority Leaders; the Speaker of the House and House Majority and House Bill 3459 Minority leaders; each Senator and Representative whose district is wholly or Office of Small Business Assistance partially within the county; and the county sheriff. The Secretary of State is a statewide elected official responsible for, among other duties, After obtaining written authorization signed registering businesses operating in Oregon by the governing body of each county and conducting audits. In addition, the subject to a proclamation, the Governor may Office of the Secretary of State conducts enter into a written intergovernmental special investigations regarding potential agreement (IGA) with the affected county misuse of state resources. Its investigations and other counties for performance of may occur at state agencies, or may involve functions and activities of the affected local governments or contractors receiving county. The cost of the services provided state or federal funds from state agencies. under an IGA will be shared 50/50 between Citizens, businesses, and government the state and those counties that are parties employees may report government waste, to the IGA. To pay for the county’s portion fraud, or abuse to the Audits Division by of the costs, the measure authorizes a county phone, internet, or mail. to impose: a surtax on state personal, corporate income, or excise tax; a tax on House Bill 3459 creates the Office of Small telecommunication services; or any Business Assistance within the Office of the assessment the county governing body is Secretary of State. The Office of Small lawfully capable of imposing. A county may Business Assistance has two primary also use existing sources of county revenue functions: facilitation of interactions or any combination of previously identified between small businesses and state agencies,
94 and conducting reviews and investigations Senate Bill 7 of unresolved complaints received from small businesses arising from interactions Restructuring of State Fair to public with state agencies. The measure defines a corporation small business as a prospective, new, or established business with 100 or fewer The Oregon State Fair began in 1858 as an employees that is or will be located in agricultural exhibition and expanded in 1977 Oregon. The measure also prohibits to include an exposition center. In recent penalizing, sanctioning, or restricting a years, the State Fair has been challenged to person who makes a complaint or generate revenue to meet both operating and participates in an investigation. maintenance costs and debt service requirements. In 1997, the Legislative Effective date: July 29, 2013 Assembly asked the Joint Legislative Audit Committee to evaluate and identify solutions House Concurrent to the State Fair’s problems. In 2005, House Bill 3502 shifted management of the State Resolution 12 Fair to the Oregon Parks and Recreation Department (OPRD) in order to curb the Designates Saccharomyces cerevisiae State Fair's reliance on the state's General (brewer’s yeast) as official microbe Fund. The OPRD suggested that the State Fair and exposition center would benefit Saccharomyces cerevisiae is a species of from a new governance structure. yeast that is instrumental to winemaking, baking, and brewing. It is essential to the Senate Bill 7 provides for the establishment production of alcoholic beverages such as of the State Fair Council (Council) as a mead, wine, beer, and distilled spirits. public corporation to conduct and oversee the Oregon has a long history of fine quality Oregon State Fair and exposition center and craft beer dating back to 1856 when Henry associated operations. The measure requires Weinhard opened his first brewery. As of the Department of Administrative Services March 2013, Oregon is home to 169 to report progress to an interim legislative brewing facilities in 61 cities, with the committee on economic development by Portland metro area being the largest craft October 1, 2014 and sets a deadline of July brewing market in the United States with 69 1, 2015 for transfer of the State Fair to the breweries. Oregon’s brewing companies new Council. employ 5,650 full- and part-time employees with a total economic impact of $2.44 Effective date: June 26, 2013 billion.
House Concurrent Resolution 12 designates Senate Bill 173 Saccharomyces cerevisiae as the official microbe of the state of Oregon. Oregon is Service delivery technical assistance for the first state to adopt a state microbe. counties in fiscal distress
Filed with Secretary of State: May 29, 2013 Historically, the federal Secure Rural Schools (SRS) and Community Self Determination Act has provided funding to 33 of Oregon’s 36 counties to offset the financial loss
95 incurred from reduced economic activity on currently lacks clear statutory authority to federally owned forest land. The SRS expired take action against a certified or registered on September 30, 2011, and Congress individual for failing to pay the civil penalty enacted a one-year extension of the SRS or fine. Senate Bill 209 provides the Board payments in 2012. The decline in federal with authority to suspend, revoke or refuse payments to counties has led to the to issue or renew a certificate or registration development of tools to assist counties to an individual for failure to pay a civil lacking financial resources to provide penalty or fee as prescribed by a final order services. issued by the Board or failure to meet any other terms of a final order. The measure Senate Bill 173 creates a service delivery also repeals the requirement that OSBEELS technical assistance program in the provide an opportunity for a hearing under Governor’s Office to provide grants for the Administrative Procedures Act when the service delivery innovation and to enter into Board proposes certain actions or imposes a agreements with public and private entities to civil penalty. However, the Board has other provide technical assistance. The measure statutory requirements to provide a hearing also authorizes the Governor’s Office to for the suspension or revocation of a convene necessary task forces and work certificate, permit, or enrollment. groups to assist counties in fiscal distress. Effective date: January 1, 2014 Effective date: August 14, 2013 Senate Bill 254 Senate Bill 209 Construction manager/general contractor State Board of Examiners for Engineering public contracting and Land Surveying The “construction manager/general The Oregon State Board of Examiners for contractor” (CM/GC) method of public Engineering and Land Surveying contracting is an alternative to the low-bid (OSBEELS), established in 1919, is the contracting process typically used in public state’s regulatory agency for persons construction projects. The low-bid method, practicing engineering, land surveying, also known as “design-bid-build,” involves photogrammetric mapping, and water right the owner hiring an architect to fully design examination. OSBEELS oversees a project down to detailed plans and examinations for certification and technical specifications. These plans are registration to ensure that only qualified prepared for the owner to use. The owner individuals are licensed to operate in those then prepares an invitation to bid on the fields. The Board was granted semi- project, which includes these specifications, independent status in 1997 on a pilot basis, then selects the lowest responsive bid to which became permanent in 1999 with the complete the project under the supervision passage of Senate Bill 1127. of the architect. In comparison, the CM/GC method involves an earlier collaboration OSBEELS has the authority to assess civil between the owner, architect, and penalties or fees through a final order construction contractor, the latter of which is against those who practice in the fields hired before the design process is complete regulated by the Board; however, the Board and functions as a member of the project
96 team. Used since the early 1980s, the In 2010, OTE assumed management of nine CM/GC process has become more prevalent rest areas in five Oregon locations along in recent years, particularly for high-value Interstate 5 and Interstate 84. Senate Bill projects, those with complex or occupied 1591 (2012) increased the number of rest structures, or structures with historical areas over which OTE has management value. responsibility; the Oregon Department of Transportation maintains ownership of these A workgroup was convened during the rest areas, with OTE managing the rest areas 2011-2012 legislative interim to review through intergovernmental agreement. The current practices in CM/GC contracting and 2012 measure also granted OTE the to identify what, if any, adjustments to authority to erect and repair structures; to statutory requirements should be made in acquire and sell real property; and response. The workgroup created a list of transferred State Highway Trust Funds to specific issues and consensus responses, TIC for management, maintenance, which formed the basis for Senate Bill 254. improvement, and development of the rest areas. Senate Bill 254 establishes specific requirements for procurement of CM/GC Senate Bill 276 directs the Audits Division services by contracting agencies. The of the Secretary of State’s Office to conduct measure requires agencies to comply with an annual financial review of the monies the Attorney General’s model rules on collected, borrowed, received, and expended procurement of CM/GC services and by Oregon Travel Experience under the requires additional findings by a designated direction of the Oregon Travel Information authority before projects can be exempt Council. from competitive bidding requirements. Effective date: January 1, 2014 Effective date: June 26, 2013 Senate Bill 405 Senate Bill 276 Retainage withheld on public improvement Audit of the Travel Information Council contracts
Oregon Travel Experience (OTE) was “Retainage” refers to the portion of a created by the Legislative Assembly in 1972 contract payment that is withheld by a client and is a semi-independent state agency that owner until a project is complete in all connects motorists with businesses through respects and is confirmed to be functioning highway signs, rest area information kiosks, satisfactorily according to the terms of the business listings on www.tripcheck.com, contract. Retainage requirements are written and on the Statewide Interactive Heritage into construction contracts and are typically Map. The nine-member Oregon Travel applicable to both the prime contract and Information Council (TIC) serves as OTE’s subcontracts. Payment of any retainage governing board. The Council is composed amount is generally due to the contractor or of ten members appointed by the Governor, subcontractor once their portion of the plus one member representing the Oregon project is substantially complete. Transportation Commission.
97
Senate Bill 405 limits retainage on a supplies directly related to county law construction project or public improvement enforcement patrolling; and (2) indirect project to five percent of the contract price, costs incurred for common or joint eliminating an existing provision that objectives including costs of operating and allowed retainage amounts to be set by maintaining facilities, depreciation, agreement of the parties when no bond was administrative expenses, and dispatch. In posted by the contractor or subcontractor. addition, patrolling is defined in the measure to mean activities of a county law Effective date: January 1, 2014 enforcement official in response to calls for service or initiated by the official. The Senate Bill 496 measure retains the existing sunset of January 2, 2016.
Funding patrolling costs with county road Effective date: June 24, 2013 funds Senate Bill 525 Oregon counties receive federal forest reserve monies and dedicate 25 percent to Prohibits use of state letterhead by third- schools and 75 percent to county road funds. party for debt collection purposes Senate Bill 808 (2007) authorized Douglas and Lane counties to use federal forest At least five Oregon district attorneys reserve monies allocated to county road contract with private entities to operate bad funds for law enforcement patrols with a check diversion programs and collect fees sunset date of January 2, 2014. In 2011, the and other money owed for the passing of sunset was extended to January 2, 2016. The bad checks. Some, but not all, receive a fee Legislative Assembly in 2012 also from the private collector. Operating under authorized Coos, Curry, Josephine, Klamath, the auspices of a district attorney, collectors and Linn counties to use federal forest have sent notices to individuals accused of payment money deposited into county road passing bad checks that look like official funds for law enforcement patrols. The communications from the district attorney’s counties were not allowed to use money office but only provide contact information deposited in a road fund for patrol activities for the collection agency. from state or local taxes on motor fuel or the ownership, operation, or use of a motor Senate Bill 525 prohibits the use of the seal vehicle due to restrictions on these monies or letterhead of a public agency or public by Article IX, section 3a of the Oregon official by private entities collecting debt, Constitution. The law, however, has been including restitution. The measure also interpreted differently with respect to the prohibits public agencies and officials from types of costs that are included under authorizing or receiving fees for such use. “patrolling.” Effective date: January 1, 2014
Senate Bill 496 clarifies the definition of patrolling and the costs that can be supported by money deposited into county road funds from forest payments. The measure limits use of monies in these road funds for patrolling to: (1) salaries, travel, equipment, and
98
Senate Bill 581 Effective date: June 24, 2013
Sunset date for statutes relating to counties in fiscal distress Senate Bill 582
The 2009 Legislative Assembly passed Building codes administration Senate Bill 77, establishing a process for the Governor to declare a public safety services The Building Codes Division (BCD) of the emergency and to appoint a financial control Department of Consumer and Business board in counties failing to provide Services (DCBS) provides code minimally adequate levels of public safety development, administration, inspection, services. In 2012, House Bill 4176 modified plan review, licensing, and permit services the program and changed the name of the to the construction industry. Staff located in financial control board to “fiscal assistance five regions around the state partner with board.” other state and local government entities to help facilitate local construction projects, Currently, a county is authorized to seek a and assist local governments with other declaration of fiscal emergency from the services such as e-permitting, best practices, Governor if the county determines that it is and dispute resolution. Local programs are unable to provide a minimally adequate required to submit a report and apply for level of state-required services and the renewal every four years. When a local county received – in the fiscal year provider chooses or is unable to execute beginning July 1, 2007 – federal payments plan review or permit services, BCD under the Secure Rural Schools and provides these services. Community Self-Determination Act of 2000 in an amount equal to at least 10 percent of Senate Bill 582 makes a number of changes the county’s property tax revenues. The to the state building code, including requiring Governor is required to consult with the the DCBS director to give special county and other parties to gather consideration to the needs of rural and remote information about state-required services in regions when adopting the code. The measure the county and their level of adequacy. If also establishes a framework for the they are found to be less than adequate, then development of partnerships or the the declaration is issued and a fiscal assumption of administration and assistance board is established to develop a enforcement of municipal building inspection recovery plan for the county. The recovery programs that may be returned to the state. plan is to restore or sustain minimally adequate state-required services. Tools Effective date: June 26, 2013 available to the board include, but are not limited to, reallocating county funds, eliminating services, and entering into Senate Bill 583 intergovernmental agreements. A county must pay at least one-half of the costs of Alternative Fuel Vehicle Revolving Fund administering a fiscal assistance board. The program provisions are outlined in ORS Senate Bill 583 establishes the Alternative 203.095 and 203.100, which are scheduled Fuel Vehicle (AFV) Revolving Fund to to sunset January 2, 2014. Senate Bill 581 provide loans to public entities, including extends the sunset to January 2, 2016. federally recognized Native American
99 tribes, so they can convert existing gasoline regulatory agency for appraisers. The Board or diesel powered fleet vehicles to has authority to take action against a state- alternative fuel vehicles or purchase new certified or state-licensed appraiser or state- alternative fuel vehicles. The measure gives registered appraiser assistant, including priority to the conversion of existing suspension, reprimand, requirement of vehicles. The Oregon Department of Energy additional education, or revocation or denial is required to establish rules regarding loan of license, certificate, or registration. Action procedures, terms, and requirements. The can be taken in response to any of a number measure also authorizes the auction of $3 of causes outlined in ORS 674.140, million in tax credits that will be including misrepresentation in matters administered by the Oregon Department of related to a real estate appraisal activity and Revenue; net proceeds will be deposited in printing or distributing untruthful or the AFV Revolving Fund. It also adds the misleading advertising. acquisition of an alternative fuel vehicle fleet to the list of eligible transportation Senate Bill 617 requires that prior to taking projects under ORS 469B.320, effective 91 a disciplinary action against a person days after session. The tax credit is licensed or otherwise overseen by the Board, applicable for certified alternative fuel a subcommittee of Board members is to vehicle contributions made by the taxpayer review any alleged violations and during the tax year that the contributions are recommend an action. The measure does not made to the Alternative Fuel Vehicle allow the subcommittee to block action by Revolving Fund; any unused portion of the the Board and ensures board members are tax credit issued under this program may be active in the evaluation of a disciplinary carried forward for three years. issue prior to the Board making a final decision. Senate Bill 583 applies to alternative fuel vehicles that utilize electric battery power, Effective date: January 1, 2014 liquefied or compressed natural gas, ethanol, methanol, propane, or any other fuel Senate Bill 631 approved by the Oregon Department of Energy by rule. Most of the listed alternative Requires health inspection of food and fuels provide greater cost efficiency per mile lodging facilities operated by public bodies than gasoline, which would allow for cost savings for public entities that convert their Oregon law requires a person operating a existing fleets or replace fleets with vehicles restaurant or bed and breakfast facility to utilizing alternative fuels. obtain a license from the Oregon Health Authority and undergo inspection of the Effective date: October 7, 2013 facility every six months. Current law, however, specifies that the law only applies Senate Bill 617 to “persons,” which includes individuals, corporations, associations, firms, Disciplinary proceedings of the Appraiser partnerships, limited liability companies, Certification and Licensure Board and joint stock companies. ORS 174.109 defines “public bodies,” but that definition is The Appraiser Certification and Licensure not found in the restaurant licensing and Board (Board) is Oregon’s licensure and inspecting statutes. As a result, some
100 facilities that are operated by a public body, Effective date: July 1, 2013 such as the Oregon Zoo, are not required to Senate Bill 822 undergo regular health inspections.
Senate Bill 631 defines “person” for the Cost-of-living adjustment under Public purpose of food service facility licensing Employees Retirement System and inspection requirements to specifically include public bodies as defined in ORS Since 1945, Oregon has provided a 174.109, as well as the Oregon Health and retirement plan for public employees. In its Science University and the Oregon State current form, Public Employees Retirement Bar. As a result of the measure, the Oregon System (PERS) members are separated into Zoo will be required to undergo regular benefit tiers based on their hire date. There health inspections at its restaurant facilities. are currently three tiers: Tier One, Tier Two and the Oregon Public Service Retirement Effective date: January 1, 2014 Plan (OPSRP). Tier One employees joined the system before January 1, 1996. Tier Two employees joined the system on or after Senate Bill 782 January 1, 1996 to August 29, 2003. OPSRP employees joined the system on or after Task Force on Apprenticeship in State August 29, 2003. There are approximately Contracting 900 PERS employers, including all state agencies, universities, community colleges, Apprenticeship is occupational training that and school districts, as well as most cities, combines paid, on-the-job experience with counties, and other local government units. classroom instruction. Industry and Approximately 95 percent of public individual employers design and control employees in Oregon are PERS members. apprenticeship programs. There are 116 different occupations in Oregon that are Senate Bill 822 modifies the cost-of-living learned via apprenticeship. The Bureau of adjustment and supplementary tax remedy Labor and Industries’ Apprenticeship and payments for non-Oregon residents under Training Division promotes apprenticeship PERS and directs the PERS Board to in a variety of occupations and trades, and recalculate employer contribution rates for works with business, labor, government, and the 2013-15 biennium. The measure educational institutions to expand contains three primary provisions affecting opportunities for apprenticeship. the three primary benefit programs by
reducing benefit payments for current and Senate Bill 782 establishes the Task Force future retirees. on Apprenticeship in State Contracting, consisting of legislators, contractors, The measure modifies the cost-of-living subcontractors, and labor representatives, to adjustment (COLA) under PERS. In the first evaluate the use of apprentices and year of the 2013-15 biennium, the COLA recommend utilization standards for state rate limitation will drop from 2 percent to contracting agencies. The Task Force is 1.5 percent for all retirees. Thereafter, the directed to report its preliminary findings to COLA rate will be based on a graduated the Legislative Assembly by December 1, (decreasing) COLA based on the level of a 2013, with the final report to be submitted retiree’s benefit plus a fixed payment at by November 1, 2014. various benefit levels above $20,000.
101
Senate Bill 822 eliminates the increased LEGISLATION NOT retirement benefits resulting from Oregon ENACTED income taxation of payments if the person receiving payments does not pay Oregon income tax on those benefits and is not an House Bill 2387 Oregon resident. Benefit reductions will occur for approximately 15 percent of Mark Odom Hatfield statue in National current and future PERS members, Statuary Hall according to PERS estimates (18,000 retirees and beneficiaries). The National Statuary Hall Collection in the United States Capitol Building is comprised The measure also directs the PERS Board to of statues donated by individual states to recalculate all employer contribution rates, honor persons notable in their history. The which are assumed to include 2013-15 rates entire collection now consists of 100 statues effective for July 1, 2013. Employer contributed by 50 states. Each statue is the contribution rates are set by the five-member gift of a state, not of an individual or group PERS Board and are calculated as a of citizens. Proceedings for the donation of a percentage of an employer’s PERS-covered statue usually begin in the state legislature payroll. A recalculation of 2013-15 with the enactment of a resolution that employer rates is necessary as those rates names the citizen to be commemorated and were previously established by the Board in cites his or her qualifications, specifies a October of 2012 as part of the Board’s committee or commission to represent the regular rate setting schedule. state in selecting the sculptor, and provides for a method of obtaining the necessary The actuarial analysis of the measure funds to carry the resolution into effect. commissioned by PERS estimates that system-wide accrued liabilities will be House Bill 2387 would have initiated the reduced by $2.6 billion resulting in a fundraising, design, and planning process reduction to 2013-15 employer contribution for replacing the Jason Lee statue with a rates by 2.5 percent. PERS estimates that the Mark Odom Hatfield statue in National measure will generate system-wide savings Statuary Hall in the United States Capitol. of $460 million for the 2013-15 biennium, The measure would have provided for the which is 2.5 percent of the estimated $18.4 relocation of the Jason Lee statue to Salem. billion in system-wide payroll costs for the biennium. House Bill 2907
Effective date: May 6, 2013 Investigation of employment misclassification
The misclassifying an employee as an independent contractor allows an employer to operate in the “underground economy,” where the employer avoids paying unemployment insurance, payroll taxes, and workers’ compensation insurance. In
102 addition, employers who abide by the law exception if the amount or quality of iron, face a disadvantage when competing for steel, or manufactured goods made within contracts against employers who do not. In the United States were insufficient or if 2009, the Legislative Assembly established applying the provisions would increase the the Interagency Compliance Network to project’s cost by more than 25 percent. improve employers’ and workers’ compliance with Oregon’s tax and House Joint Resolution 35 employment laws. The Bureau of Labor and
Industries (BOLI) and six other state Proposes Equal Rights Amendment to agencies are members of the network. Oregon Constitution
House Bill 2907 would have required BOLI The Equal Rights Amendment (ERA) was a to establish a full-time position to proposed amendment to the United States investigate the misclassification of Constitution designed to guarantee equal employees as independent contractors. rights for women. The ERA was originally BOLI would have been required to assess written by Alice Paul and was introduced in civil penalties for the misclassification of Congress for the first time in 1923. In 1972, employees and monies collected would have it passed both houses of Congress and went been used to pay the costs to investigate and to the state legislatures for ratification. The administer the program. ERA did not receive the requisite number of
ratifications before the deadline mandated House Bill 3473 by Congress of June 30, 1982. Oregon ratified the ERA in 1973 and again in 1977 Use of American-made goods as a show of support for the continuing national campaign. In 1994, Oregonians did The federal Buy America Act is the popular not pass a different version of the ERA that name for a group of domestic content proposed to bar discrimination not only on restrictions attached to funds administered the basis of gender, but also race, color, by the federal Department of Transportation religion, age, and national origin. to make grants to states or municipalities. Steel, iron, and manufactured goods used in House Joint Resolution 35, if passed by projects funded by the Federal Transit voters, would have amended Article 1 of the Administration and the Federal Highway Oregon Constitution to prohibit the state of Administration must be produced in the Oregon or any political subdivision in United States unless the requirement is Oregon from denying or abridging equality waived for public interest or non-availability of rights under the law on account of sex. purposes. Senate Bill 300 House Bill 3473 would have prohibited a public body from entering into a contract for Certain agency directors and executive more than $50,000 to construct, reconstruct, directors serve at pleasure of Governor renovate, alter, maintain, or repair a public improvement or public works unless the Most major state agencies and departments iron, steel, and manufactured goods intended are headed by policy-making boards, for use in the project are made within the commissions, and/or directors. The United States. The measure provided an Governor is responsible for recommending
103 the appointment of public members to the Senate Bill 805 approximately 220 boards and commissions established by statute. There is lack of Allowing judicial review of certain cost statutory clarity, however, regarding the analysis determinations Governor’s removal power over board members and directors. Before conducting a procurement for goods or services with an estimated contract price Senate Bill 300 would have clarified that exceeding $250,000, current law requires a certain agency directors and executive contracting agency to demonstrate, through directors are appointed by the Governor and a cost analysis, that the cost of providing serve at the pleasure of the Governor. goods or performing service with a contracting agency’s own personnel or Senate Bill 596 resources is greater than the cost of procuring goods or services from a Identification of legislator or legislative contractor. committee on proposed amendments Senate Bill 805 sought to allow an employee Generally, when measures are introduced of a contracting agency, or the into the Oregon House of Representatives or representative of the employee’s bargaining Senate they indicate a sponsor or sponsors, unit, to seek judicial review of the cost which may be a legislator or legislators, or an analysis determination if violations of the interim or session committee. A measure cost analysis process were alleged. The may also indicate that it was introduced at the measure would have required the request of a particular individual, contracting agency to include in its cost organization, or agency. Currently, proposed analysis the profit the potential contractor amendments to introduced measures do not stood to realize, and it would have reference a particular requester or sponsor. prohibited including proceeds or revenues from the sale or contracting of any of the Senate Bill 596 would have required that agency’s long-term assets, including capital proposed amendments to a legislative assets, vehicles, or other durable goods. measure bear the name of the legislator or Additionally, the measure would have committee requesting the amendments. required contracting agencies to update the cost analysis or determination with information obtained in the soliciting or advertising process that would affect the cost analysis.
104
Health Care
105
House Bill 2020 maternal and child health services; and victim services.
CCO credentialing of mental health and House Bill 2092 codifies OHA’s continued chemical dependency treatment providers administration of the program. The measure
also outlines the collection and analyses of Coordinated Care Organizations (CCOs) are data; a comprehensive state plan to provide local health entities organized to deliver technical support and training to mental, physical, and dental care for communities; the preparation of an annual Oregon’s Medicaid recipients. Currently, a report; and additional outreach activities mental health or chemical dependency relating to injury and violence prevention. treatment provider must be credentialed with each individual CCO with whom they Effective date: June 6, 2013 contract.
House Bill 2020 requires the Oregon Health House Bill 2104 Authority (OHA) to convene a committee to advise it on the adoption of rules to govern Regulating nonmedical ultrasound imaging OHA’s on-site assessments of mental health and chemical dependency treatment Several commercial photo studios have been providers, and permits CCOs to use OHA’s established in Oregon for the nonmedical assessment as evidence that the provider has purpose of selling expecting parents met on-site credentialing requirements in “keepsake” ultrasound movies or photos of lieu of the CCO conducting its own separate their unborn children. The U.S. Food and assessment. Drug Administration recommends using ultrasound imaging only for legitimate Effective date: June 13, 2013 medical purposes until there is a full understanding of its effects on fetal tissue. House Bill 2092 The American Institute of Ultrasound Medicine, the American Society of
Radiologic Technologists, and the Society of Injury and violence prevention program Diagnostic Medical Sonography agree.
Injuries are generally not accidents, in that House Bill 2104 modifies the definition of they may be predictable and preventable. “medical imaging” to include medical According to the Oregon Health Authority imaging procedures unrelated to clinical (OHA), injury is the third leading cause of diagnosis or treatment. The measure also death in Oregon behind cancer and heart prohibits performing a medical imaging disease, and is the leading cause of death procedure on another person unless the among Oregonians aged 1 to 44 years, with procedure serves a medical purpose and is more than $348 million in annual ordered and interpreted by licensed or hospitalization costs. The OHA administers otherwise authorized medical practitioners. an injury and violence prevention program, via its partnerships with a wide range of Effective date: January 1, 2014 providers, including trauma and acute care systems; emergency medical services; local public health departments; transportation;
106
House Bill 2123 which is administered by the Oregon Health Authority (OHA) and the Department of
Oversight for pharmacy benefit managers Human Services.
Pharmacy benefit managers (PBMs) are House Bill 2124 refines the Program companies that contract with insurance established by the original measure: it adds companies, managed-care organizations, definitions for “substantial noncompliance” self-insured employers, as well as unions and “direct supervisor;” provides regulatory and government programs, to manage boards with the discretion to require drug prescription drug benefits. Some 95 percent testing for noncompliance; exempts of all patients with drug coverage receive licensees with mental health diagnoses from benefits through PBMs. Further, PBMs have random drug testing requirements; removes expanded their services to include programs specific program assessment and evaluation such as disease and drug therapy requirements; and requires OHA to arrange management. audits every four years by an independent third party. House Bill 2123 modifies the Insurance Code to provide the Insurance Division of Effective date: June 13, 2013
Oregon’s Department of Consumer and Business Services (DCBS) with authority to House Bill 2128 oversee PBMs conducting business in the state. The measure establishes parameters to Insurance for school district employees ensure fair and uniform audits of pharmacies by a PBM, insurer, or state agency, and also In 2011, Senate Bill 99 was enacted to imposes requirements on PBMs relating to establish the Oregon Health Insurance lists of drugs for which maximum allowable Exchange Corporation (“Cover Oregon”) for costs reimbursement rates have been individuals and businesses to obtain health established. It also requires PBMs to insurance coverage. The original legislation establish an appeals process for when required Cover Oregon to consult with disputes arise between them and network stakeholders about insurance plans for pharmacies over drugs that are subject to educators that would be offered through the maximum allowable cost pricing. exchange.
Effective date: January 1, 2014 House Bill 2128 further requires Cover Oregon to consult with the Oregon Educators Benefit Board (OEBB), and other House Bill 2124 specified stakeholders, about plans that may
be offered to school district employees Impaired Health Professional Program through the exchange. The measure also
House Bill 2345 (2009) established the requires OEBB and Cover Oregon to adopt statewide confidential monitoring program rules to ensure that plans being offered are for licensed health professionals unable to underwritten by insurers using a single-risk practice due to substance abuse or a mental pool composed of all employees who are health disorder. Currently, four health eligible, enrolled, or pending enrollment in boards participate in the Health the plan.
Professionals’ Services Program (Program) Effective date: January 1, 2014
107
House Bill 2131 differences in social determinants of health. Data shows that Oregonians of color are
sicker and more likely to die than white Reporting bedbug infestations Oregonians. Use of targeted data by
policymakers and service providers has been Bedbugs are parasitic insects that feed on shown to provide clarity; to assist with the blood. In conducive environments, they development of strategies to address multiply quickly and are easily transported disparities; and to improve overall health from place to place. They are also capable of outcomes. extended dormant periods, making them difficult to eradicate with certainty. Bedbugs House Bill 2134 directs the Oregon Health are not known to transmit disease, but Authority and the Department of Human exposure is very unpleasant. Bedbug Services to adopt rules, with the help of an infestations have been on the rise nationwide advisory committee, to establish uniform for the last decade. In 2007, infestations in standards for the collection of data on race, New York City reached epidemic levels. ethnicity, language preference, and disability They are considered an emerging status, based on local, state, and national community health threat in Oregon and best practices. elsewhere.
Effective date: June 4, 2013 House Bill 2131 encourages voluntary reporting to public health authorities by pest exterminators, by exempting information House Bill 2216 about bedbug infestations from disclosure under public records law, and requires the Hospital and long-term care assessments public health authority to keep the information confidential. With increased One revenue source that contributes to reporting, public health officials may be able financing services provided under the to address the human and business impact of Oregon Health Plan (Medicaid), is an bedbug infestations more effectively. assessment paid by hospitals. The assessment was established in 2003 with a Effective date: April 2, 2013 2013 sunset date. The legislature also established an assessment to be paid by House Bill 2134 long-term care facilities, using a rate based on the number of days that residents
remained in the facility. The revenues were Data collection about race, ethnicity, intended to increase nursing facility preferred language, and disability status Medicaid reimbursement rates and to
improve the financial stability of the home According to the Oregon Health Authority’s nursing industry. Office of Equity and Inclusion, disproportionate access to benefits, and House Bill 2216 extends the hospital disproportionate distribution of burdens, assessment through 2015, to be used to fund creates health inequities across racial and services under both the Oregon Health Plan ethnic lines. The causes of health inequities and Children’s Health Insurance Programs. include: barriers to health care access; It also creates an advisory committee on disparities in the quality of care; and hospital performance metrics and directs the
108
Oregon Health Authority (OHA) to adopt House Bill 2385 rules and procedures for performance-based payouts. It authorizes OHA to reduce Insurance coverage for screening and assessments if federal limits on assessments treatment ordered after a DUI conviction are reduced, and requires one percent of the assessment to be returned to hospitals based An insurance company in Oregon that on performance achievements. covers hospital or medical expenses is also required to cover expenses for treatment of In addition, House Bill 2216 allows the chemical dependency and mental or nervous Department of Human Services to collect conditions, except when such treatment is assessments from long-term care facilities ordered by a court as part of a sentence for based on gross revenues until July 1, 2020, driving under the influence of intoxicants and expresses the state’s goal to reduce (DUI). No other court-ordered treatment long-term care bed capacity by 1,500 by resulting from a criminal conviction is December 31, 2015. exempt from insurance coverage under Oregon law, only treatment that results from Effective date: October 7, 2013 a DUI.
House Bill 2279 House Bill 2385 removes the exemption for coverage of DUI-related treatment expenses. Oregon Educators Benefit Board and Public Employees Benefit Board membership Effective date: June 13, 2013
The Public Employees Benefit Board House Bill 2445 (PEBB) is a labor-management group that oversees benefits for state employees. The School-based health centers Oregon Educators Benefit Board (OEBB) functions similarly for Oregon’s school School-based health centers (SBHCs) are district employees. Due to large numbers of medical clinics on public school grounds, employees, both organizations are able to staffed by primary care professionals, that negotiate lower insurance rates than provide students with comprehensive municipalities, counties, special districts, or physical, mental and preventive services other units of government. regardless of ability to pay. There are currently 63 SBHCs operating in 21 Oregon House Bill 2279 creates a process that counties. allows local governments to elect to participate in health care plans offered by House Bill 2445 requires the Public Health PEBB and OEBB, and sets forth certain Division of the Oregon Health Authority to criteria for local governments offering such develop and continuously refine an plans to provide alternative group health and evidence-based care system to meet the welfare insurance. needs of adolescents. The measure requires the development of rules, procedures, and Effective date: January 1, 2014 criteria to certify, suspend, and decertify SBHCs, and also creates a work group to study best practices.
Effective date: July 29, 2013
109
House Bill 2611 melanoma, squamous cell carcinoma and ocular melanoma. According to the Centers
for Disease Control, 13 percent of all high Cultural competency training for certain school students and 32 percent of girls in the health professional regulatory boards 12th grade report using tanning beds.
The Oregon Health Authority (OHA) has House Bill 2896 prohibits tanning facilities gathered data showing that a from allowing persons under 18 years of age disproportionate distribution of burdens and to use tanning devices that are owned or access to health care creates racial and operated by the business, unless the person ethnic health inequities and that to achieve provides documentation that a licensed health equity, culturally appropriate and physician has recommended that the person specific health-promoting strategies need to use a tanning device for medical purposes. be developed to meet the needs of the Additionally, the measure requires tanning various population groups. Continuing facilities to post notices of this prohibition in education opportunities allow health a conspicuous location. professional regulatory boards to prepare licensees to provide culturally sensitive Effective date: January 1, 2014 services that impact health outcomes.
House Bill 2611 allows certain health House Bill 2902 professional regulatory boards to adopt rules requiring their licensees to obtain continuing Primary and mental health practitioners’ education on cultural competency. The reimbursement rates measure requires OHA to develop a list of approved continuing education opportunities A Certified Nurse Practitioner (NP) is an and provide that list to the boards on or advanced-practice Registered Nurse who has before January 1, 2015. Additionally, the completed graduate education. A Physician measure allows public universities and Assistant (PA) is a healthcare professional community colleges to require licensed trained to practice medicine teamed with a individuals, who are regulated by a health physician. Both NPs and PAs conduct professional board and who provide services physical exams, diagnose and treat illnesses, to students on campus, to submit proof of order and interpret tests, prescribe participation in cultural competency medications, and counsel patients on training. preventive health care. Current law allows health insurers to negotiate rates with PAs Effective date: May 28, 2013 and NPs that can differ based on a provider’s licensing, education, degree, House Bill 2896 credentials, and training.
House Bill 2902 requires insurers to Regulating minors use of tanning beds reimburse PAs and NPs in independent
practice at the same rate as physicians for The U.S. Food and Drug Administration has the same services. The measure specifies classified UV tanning beds as a known that an insurer may not reduce the human carcinogen and artificial tanning has reimbursement paid to a licensed physician been linked to skin cancers, including to comply with this requirement and
110 removes the reimbursement requirements for House Bill 3345 licensed PAs on January 2, 2018. The measure establishes a 13-member Task Licensing nontransplant anatomical Force on Primary and Mental Health Care research recovery organizations Reimbursement Parity charged with studying and making recommendations to Nontransplant anatomical research recovery structure reimbursement of licensed organizations are tissue banks that collect physicians, Pas, and NPs by insurers. and harvest tissues from human cadavers for
purposes of medical research and education. Effective date: June 18, 2013 New York was the first state to establish
comprehensive oversight of tissue banks, House Bill 2997 and serves as a model for other states seeking to regulate the handling of Licensure of direct entry midwives postmortem tissue. Currently, there are two nontransplant anatomical research and A licensed direct entry midwife (DEM) recovery organizations operating in Oregon. supervises the conduct and labor of childbirth, advises the parent as to the House Bill 3345 defines responsibilities of progress of childbirth, and renders prenatal, nontransplant anatomical research recovery intrapartum, and postpartum care. Currently, organizations and directs the Oregon Health licensure for DEMs is voluntary; unlicensed Authority to adopt rules establishing an midwives may practice in Oregon and the application process and fees for licensure. Oregon Health Licensing Agency (OHLA) oversees regulation of direct entry Effective date: June 11, 2013 midwifery. House Bill 3407 House Bill 2997 requires a license from the
OHLA to practice direct entry midwifery. Traditional Health Workers Commission The bill defines licensure requirements, makes changes to investigative complaints In 2011, the Legislature passed House Bill and discipline processes, and grants final 3650 requiring all members enrolled in authority to the State Board of Direct Entry Oregon’s Coordinated Care Organizations Midwifery. The measure exempts (CCOs) to have access to traditional health individuals who do not advertise and do not workers to facilitate appropriate, culturally use legend drugs or devices from having to and linguistically appropriate care. obtain a license, and also includes provisions relating to supervision of student House Bill 3407 establishes the Traditional midwives, birth assistants, and others, by a Health Workers Commission (Commission) licensed midwife. within the Oregon Health Authority (OHA).
The Commission’s task is to ensure Effective date: July 25, 2013 membership diversity by recommending
criteria and descriptions for unregulated
health practices for CCOs to use as they
build networks to serve Oregon’s Medicaid
population. The measure directs OHA to
111 adopt rules for criteria and education House Bill 3474 requirements, and for an appropriate professional designation and process for School-wide mental health screenings and CCOs to use. opting out
Effective date: January 1, 2014 A Harvard Medical School study by
researcher Ronald Kessler in 2007 found House Bill 3460 that half of all mental illnesses start by age 14. The 2011 Oregon Healthy Teens survey Medical marijuana dispensaries of eighth-graders found that 13.6 percent of those who responded, said they had Oregon Ballot Measure 67 was passed in seriously considered attempting suicide. 1998 and allows for the cultivation, According to the American Psychological possession, and use of marijuana by patients Association, an estimated 15 million of our with a doctor’s recommendation for certain nation's young people can currently be medical conditions. The Oregon Medical diagnosed with a mental health disorder, and Marijuana Program (OMMP) is a state many more may be at risk; however, only registry program within the Public Health about 7 percent of youth who could benefit Division of the Oregon Health Authority from services actually receive appropriate (OHA), and as of July 1, 2013, OMMP had help, according to a Surgeon General’s 55,937 patients, 28,127 caregivers, and report. 1,484 physicians licensed in Oregon with current OMMP patients. A recent pilot program in Linn County introduced mental health screenings for all House Bill 3460 directs the OHA to students, analogous to school-wide vision, establish and administer a registration hearing, and physical fitness assessments. system for medical marijuana dispensaries House Bill 3474 establishes some to facilitate the transfer of usable and parameters: school districts must provide immature marijuana between grow sites, written notice at least two weeks in advance registered identification cardholders, and of any school-wide mental health their designated primary caregivers. The screenings, and students, parents, or legal measure requires that the facilities test guardians may seek exemption from marijuana for pesticides, mold, and mildew participation. and requires the OHA to inspect sites for compliance The measure also directs the Effective date: January 1, 2014 OHA to process new applications, criminal background checks, and additional Senate Bill 2 paperwork regarding notices to applicants whose requests are denied. Scholars for a Healthy Oregon Initiative
Effective date: August 14, 2013 There is a shortage of health care
professionals serving Oregon’s rural and
underserved communities. High medical
school tuition rates create challenges for
students wanting to pursue primary care or
112 rural practice after graduation, due to post- Senate Bill 167 graduation debt loads that motivate students to choose subspecialties instead. Pharmacists may administer vaccines
without prescriptions in an emergency Senate Bill 2 establishes the Scholars for a
Healthy Oregon Initiative to provide free The Oregon Health Authority authors tuition and fees at the Oregon Health & immunization protocols for pharmacists that Science University for students in certain are approved by the Immunization Program health care disciplines, in exchange for a Medical Director. Typical pharmacy-based commitment from the participating students immunization training covers patients down to work in underrepresented locations after to three years of age without additional graduation. The measure appropriates training. Under current law, pharmacists in $4,900,000 of General Funds for this Oregon may immunize children up to the purpose. age of ten only with a prescription, and may
immunize children over age ten without a Effective date: January 1, 2014 prescription.
Senate Bill 21 Senate Bill 167 permits the Public Health Director to authorize licensed pharmacists to Improving long-term care in Oregon administer vaccines to persons three years of age or older in a declared emergency or Oregon is recognized as a national leader for disease outbreak for a specified period of providing community-based long-term care time, so they may assist with disaster services for older adults and people with mitigation by serving a larger proportion of physical disabilities. The need for assistance the population. increases as the population ages, and Oregon’s current system and resources will Effective date: January 1, 2014 not meet future demand. Senate Bill 169 Senate Bill 21 requires the Department of
Human Services to convene a committee to Diabetes: long-term strategic plan develop a plan to improve Oregon’s system of long-term care, for submission to the In 2010, more than 291,200 Oregonians Legislative Assembly by February 1, 2015. lived with diabetes, compared to 204,600 in The planning committee created by Senate 2000. The long-term projections estimate Bill 21 includes the Department of Human 546,000 Oregonians will eventually develop Services, community partners, providers, diabetes, representing an increase of 87.5 consumers, seniors, people with disabilities, percent from the 2010 figures. The total and legislators. financial burden of diabetes in America
reached $218 billion in 2007; diabetes and Effective date: July 1, 2013 its complications today consume ten percent
of America’s health care dollars.
Senate Bill 169 directs the Oregon Health
Authority to collect data and report to the
113
2015 Legislative Assembly on the status of the Public Health Division of the Oregon diabetes in Oregon, including an update on Health Authority that allows qualifying strategic planning and current efforts to patients to access medical marijuana while reduce rates of diabetes in Oregon. maintaining a high level of confidentiality.
Effective date: June 6, 2013 Senate Bill 281 adds PTSD to the list of conditions that may be treated by medical Senate Bill 210 marijuana.
Effective date: January 1, 2014 Certified Registered Nurse Anesthetists practicing in office environments Senate Bill 284 Certified Registered Nurse Anesthetists (CRNAs) practice in a variety of settings, Studying newborns with lysosomal storage with dentists, podiatrists, ophthalmologists, disorders plastic surgeons, and in clinics specializing in women’s health. Oregon law provides Lysosomal storage disorders (LSD) are guidance to govern the practice of (CRNAs) inherited disorders caused by a deficiency of in ambulatory surgical centers and/or specific enzymes that are normally required hospitals, but is silent with regard to CRNA for the breakdown of certain complex practice in office environments. carbohydrates, which otherwise accumulate in cells. This accumulation disrupts the cell's Senate Bill 210 specifically authorizes normal functioning and gives rise to the CRNAs to provide certain services under clinical manifestations of LSDs. LSDs specified conditions, in locations where include at least 50 different diseases known medical, surgical, or dental services are to date. These diseases are not otherwise rendered, excluding ambulatory surgical clinically recognizable at birth, and left centers or hospitals. untreated, can cause irreversible damage, both physically and mentally. All newborns Effective date: January 1, 2014 in Oregon are currently screened at birth for 39 diseases, but screening does not include Senate Bill 281 LSD.
Senate Bill 284 directs the Oregon Health Expansion of medical marijuana program to Authority (OHA) to conduct a two-year include Post-Traumatic Stress Disorder study relating to infants with LSDs and the
feasibility of requiring infants to be screened Post-Traumatic Stress Disorder (PTSD) is and treated for LSDs. OHA is directed to an anxiety disorder recognized by the report to the Legislative Assembly on or National Institute of Mental Health, that before March 1, 2015 with its findings. results from experiencing dangerous or traumatic events. Persons that suffer from Effective date: January 1, 2014 PTSD often experience hyperawareness, avoidance behaviors, and flashbacks. The
Oregon Medical Marijuana Program
(OMMP) is a state registry program within
114
Senate Bill 365 of health services recommended under current law at ORS 414.890.
Comprehensive requirements for treatment Effective date: August 14, 2013 of Autism Spectrum Disorders
“Autism Spectrum Disorder” (ASD) and Senate Bill 384 “autism” are general terms for a group of complex disorders of brain development. Opiate overdose treatment training These disorders are characterized, in varying degrees, by difficulties with social Opiate overdose is a major public health interaction, verbal and nonverbal problem. In 2010 and 2011, Oregon had the communication, and repetitive behaviors. highest rate in the nation for unlawful ASD includes autistic disorder, Rett prescription opiate use. Unlawful syndrome, childhood disintegrative disorder, prescription opiate use and heroin use often pervasive developmental disorder-not overlap and in a 2011 Oregon survey, 45 otherwise specified (PDD-NOS), and percent of heroin users stated they were Asperger syndrome. ASD can be associated addicted to prescription opiates before they with intellectual disability, difficulties in started using heroin (196 out of 431). motor coordination and attention, and Naloxone is a generic, low-cost prescription physical health issues such as sleep and drug that reverses opiate overdoses. gastrointestinal disturbances. Some persons Currently, only physicians and emergency with ASD excel in visual skills, music, math medical personnel are authorized to and art. Autism appears to have its roots in administer naloxone. very early brain development; however, the most obvious signs of autism and symptoms Senate Bill 384 requires the Oregon Health of autism tend to emerge between two and Authority to establish protocols for opiate three years of age. overdose training and to expand the authority to administer treatment to include properly trained lay personnel. The measure Senate Bill 365 consists of three major specifies that protocols must include a components: requiring coverage for the curriculum and establish the frequency of screening for and diagnosis of ASD, the required retraining or refresher training. medically necessary treatment of ASD, and Training is to be overseen by a licensed the management of care for individuals who physician or certified nurse practitioner, and begin treatment before nine years of age. must include: recognizing the symptoms of The measure provides for up to 25 hours per opiate overdose, non-pharmaceutical week of applied behavior analysis to be treatments for opiate overdose, and the included in health benefit plans; the proper administration of naloxone. The establishment of a Behavior Analysis measure permits public health authorities, Regulatory Board within the Oregon Health organizations, and “other appropriate Licensing Agency to license and regulate entities” to conduct training, and provides practitioners of Applied Behavior Analysis immunity from civil liability as specified for (ABA); and requiring the Health Evidence persons who have successfully completed Review Commission to evaluate ABA as a training. treatment for ASD in order to update the list
Effective date: June 6, 2013
115
Senate Bill 387 breast tissue, and of the possible risks. The measure also requires the patient to be
advised to contact their health care provider Regulation of massage facilities to determine if supplemental testing is
warranted. Senate Bill 387 authorizes the Oregon Board of Massage Therapists (OBMT) to regulate Effective date: January 1, 2014 massage facilities not owned by career schools, or by individuals licensed by a health professional regulatory board. The Senate Bill 440 measure establishes the conditions under which the OBMT may issue facility permits Rural Primary Care Provider Loan for a fee, and regulate facilities, and includes Repayment Program the authority to close massage facilities that hire unlicensed practitioners. As part of Oregon’s Medicaid Demonstration, approved by the Centers for The OBMT had authority to license massage Medicaid and Medicare Services in July facilities from 1955 through 1989. That 2012, the state agreed to establish and fund a authority was removed during the 1989 loan repayment program for primary care legislative session in anticipation of another physicians who agree to work in rural or agency’s assumption of responsibility for underserved communities and serve inspection of massage facilities; however, Medicaid and Medicare patients. Senate Bill the transfer of authority did not occur. 440 maintains loan repayment as an incentive to medical practitioners to address Effective date: June 13, 2013 the provider shortage in Oregon’s rural and medically underserved areas. Senate Bill 420 Senate Bill 440 establishes the Primary Care
Provider Loan Repayment Program within Notification of dense breast tissue the Oregon Health Authority (OHA). The
Primary Care Provider Loan Repayment Breast density is a measure used to describe Program will replace the existing Primary the proportion of different tissues that make Care Services Program, administered by the up a woman’s breast. Breast and connective Office of Rural Health at Oregon Health & tissues are denser than fat; a measurement of Science University, upon completion of breast density compares their proportions as outstanding contracts with providers around seen on a mammogram. High breast density the state. The measure directs OHA to means there is a greater amount of breast determine, by rule, the types of providers and connective tissue compared to fat, and who will be eligible to participate in the this difference can make tumors more program, the conditions of participation, the difficult to detect. Data indicates that length of participant commitments, and women with high breast density are four to penalties for those who fail to comply. OHA six times more likely to develop breast may contract with another entity to cancer than women with low breast density. administer the program.
Senate Bill 420 requires patients to be Effective date: May 16, 2013 notified if a mammogram shows dense
116
Senate Bill 460 information provided by Oregon-licensed retail pharmacies, as pharmacies submit data
to the PDMP system for all Schedule II, III Substitution of biosimilar product for and IV controlled substances dispensed to prescribed biologic medicine Oregon residents. Protected health
information is securely collected and stored, Biotechnological medicines are made using with only Oregon-licensed healthcare living cells to produce proteins that can be providers and pharmacists authorized to used to treat diseases. These medicines, access information through the system. The referred to as biologics, are composed of PDMP requires additional data points be highly complex molecules that can be larger collected to improve this tool and increase and more complex than chemical drugs. understanding of patient issues related to Copies of biologic medicines that are not prescription drugs. exact duplicates are referred to as biosimilars. In 2010, the Biologics Price Senate Bill 470 authorizes the Oregon Competition and Innovation Act (BPCIA) Health Authority (OHA), under the PDMP, authorized the Food and Drug to collect additional information and directs Administration (FDA) to approve OHA to disclose information received under biosimilars. The BPCIA also allows the PDMP in specified circumstances. The FDA to designate a biosimilar as measure requires the practitioner or the interchangeable with a referenced biologic pharmacist to be held responsible for use or drug. misuse of information by staff and clarifies
that PDMP is limited to controlled Senate Bill 460 allows a biosimilar product substances. to be substituted for an original biologic medicine if the biosimilar product has been Effective date: January 1, 2014 FDA-approved. The measure requires the pharmacist to notify the prescribing practitioner and patient of the substitution, Senate Bill 533 and requires the pharmacist to maintain a record of the substitution for at least three Services provided to injured workers by years. nurse practitioners and chiropractors
Effective date: June 6, 2013 Senate Bill 533 extends the period of time a nurse practitioner may provide health care Senate Bill 470 services to an injured worker from 90 to 180 days. It also modifies the authority of nurse
practitioners and chiropractors to provide Refining the Prescription Drug Monitoring services to workers enrolled in managed Program care organizations. The measure requires
that managed care organizations provide a The Oregon Prescription Drug Monitoring dispute resolution process for conflicts Program (PDMP) is a tool for healthcare between managed care organizations and providers and pharmacists to assist with health care providers, and specifies managing patient’s prescriptions and conditions under which a managed care supporting the appropriate use of organization may terminate or deny the prescription drugs. The PDMP contains participation of a health care provider.
117
Senate Bill 533 is the product of a Senate Bill 604 subcommittee of the Management-Labor Advisory Committee that met over the Credentialing and renewing health care course of two years, to focus on issues practitioners related to injured workers’ access to medical treatment, and with health care providers Currently, health care practitioners submit leaving the workers’ compensation system. the same credentialing information to The subcommittee was concerned with multiple entities, which can be inefficient, improving access to care in workers’ redundant, and a very expensive process. compensation cases and enabling patients to This type of process adds to the cost of receive care from their regular care provider health care and can be a barrier to retention for a longer period of time, while allowing of health care providers. collaboration with specialists as needed. Senate Bill 604 requires the Oregon Health Effective date: January 1, 2014 Authority (OHA) to establish a statewide information database for organizations such Senate Bill 569 as hospitals and health plans to access information necessary for credentialing Credentialing telemedicine providers health care practitioners. The measure does not prevent a credentialing organization Telemedicine has made it possible for from requesting additional information from Oregon Health & Science University the practitioner. Additionally, the meausre medical experts to treat patients almost requires OHA to convene, at least once a anywhere in the state without leaving the year, an advisory group to work on the Portland area. Telemedicine has allowed 135 credentialing information system, and patients to receive medical care in their specifies advisory group membership. The communities and saved more than $2 measure also provides a process for prepaid million in transport costs. Currently, group practice health plans that serve at least telemedicine providers must be credentialed 200,000 members in Oregon, to seek members of the medical staff of the hospital exemption. where they provide medical services. Each hospital has credentialing procedures and Effective date: January 1, 2014 requirements, which can create additional barriers to providing care and increased Senate Bill 724 administrative costs. Payment for nontraditional health services Senate Bill 569 requires the Oregon Health and ambulatory service centers Authority (OHA) to adopt uniform credentialing and privileging standards for Senate Bill 724 addresses two issues: telemedicine providers and specifies reimbursement of Coordinated Care necessary information and documentation. Organizations (CCOs) for nontraditional The measure authorizes hospitals to accept medical services not currently covered by telemedicine providers’ credentials either by Medicaid, and taking steps to ensure that agreement with a distant hospital or by insurance payments reach ambulatory providers having met OHA’s standards. surgical centers (ASCs) for covered services. Effective date: June 13, 2013
118
Currently, CCOs are paid a per-member paid to their male counterparts, and the lump sum to account for physical and inequality is more pronounced for women of mental health care for Oregon’s Medicaid color and working mothers. population. The current Centers for Medicare and Medicaid Services waiver Effective date: June 4, 2013 does not allow monies to be spent on “nonmedical” services or supplies, so CCOs Senate Bill 843 are responsible for paying out of “other funds.” Senate Bill 724 requires the Oregon Department of Corrections Health Care Health Authority (OHA) to develop an Costs Work Group accounting method for nontraditional services by August 1, 2013. Senate Bill 843 establishes a 13-member
work group to examine mechanisms to ASCs provide outpatient surgical procedures lower Department of Correction’s health in independent facilities, separate from care costs and make recommendations to the hospitals. Some insurers send payments for Legislative Assembly for the 2014 session. ASCs to patients, a practice that permits patients to retain funds. Senate Bill 724 State and federal laws establish that inmates requires insurers to make payments directly are entitled to health care during to ASCs for covered services, or to issue incarceration. Services provided to inmates checks in both the patient’s name and the must be comparable to services available to name of the ASC. the general public in order to meet legal
requirements. Health Services within the Effective date: June 26, 2013 Department of Corrections (DOC) is
responsible for providing medical care to Senate Bill 744 over 14,000 inmates across the state, incarcerated at fourteen institutions in the Creating Council on Civil Rights to study state prison system. DOC reports that the wage equality in Oregon cost of providing health care represents 20 percent of its total costs-per-day, the second Senate Bill 744 requires the Bureau of Labor largest cost component after security and and Industries (BOLI) to form a Council on housing (47 percent of cost-per-day). Civil Rights to conduct a study on wage equality and factors that lead to wage Effective date: June 26, 2013 inequality in Oregon. The measure requires the Council to report to the appropriate committee of the Legislative Assembly with its findings no later than December 1, 2014.
The federal Equal Pay Act was signed into law in 1963 to require employers to give women and men equal pay for equal work. At that time, women were paid 59 cents for every dollar men were paid. Based on data made available by the U.S. Census Bureau, women today earn 77 cents for every dollar
119
LEGISLATION NOT certain criteria to notify OHA of specific use and ratio of chemicals every two years. ENACTED House Bill 3309 House Bill 3082 Process for removal of board member of Providing fluoride in schools Coordinated Care Organization
Dental caries (tooth decay) is a chronic, Coordinated Care Organizations (CCOs) are progressive, multi-factorial, infectious local health entities that deliver health disease that can begin in early infancy. coverage to Oregon’s Medicaid recipients. Tooth decay and other oral diseases CCOs are required to have a governing body correlate strongly with socio-environmental composed of financial contributors, health determinants. Evidence suggests that care providers, and members of the fluoride is extremely effective in reducing community. tooth decay. Fluoride mouth rinses are approved as a caries prevention agent by the House Bill 3309 would have established a U.S. Food and Drug Administration, the pilot program in Marion and Polk Counties Centers for Disease Control and Prevention, where the board of directors of a CCO could and the American Dental Association, and have petitioned the Oregon Health Authority rinse programs have been successful for to remove a board member by a vote of community-based caries prevention. two-thirds of the membership. Under the pilot project, the board member removed House Bill 3082 would have required the and the health care entity represented by the State Board of Education to adopt rules board member, would have been prohibited directing public and private prekindergarten from contracting with a CCO for a period of through grade 12 to provide fluoride rinse to five years after the removal, or upon specific students and children after meals. termination of the pilot project.
House Bill 3162 House Joint Resolution 16
Notice of chemicals in children’s products Recognizing addiction as a disease
In recent years, recalls of children’s toys and House Joint Resolution 16 would have products containing dangerous chemicals recognized addiction as a disease, have increased. With this increase, expressing support for prevention and awareness and regulations relating to treatment to address combined biological, chemical exposure have increased as well. behavioral, and environmental factors.
House Bill 3162 would have required the The disease model of addiction describes Oregon Health Authority (OHA) to maintain biological, neurological, genetic, and a list of chemicals of concern to children’s environmental sources of origin. This differs health on its website. The measure would from moral and medical models, which also have required manufacturers meeting attribute addiction to abnormal conditions which cause distress, or to moral weakness.
120
Senate Bill 324 optometrists. Practitioners may be eligible if, based on hours worked, 60 percent or more of their professional practice time is spent in Extending tax credit for emergency medical an eligible rural area. The tax credit is set to technicians serving rural areas expire January 1, 2014.
In 2005, the Oregon Legislature passed Senate Bill 325 would have extended the Senate Bill 31, which allows a personal sunset for the rural health practitioner tax income tax credit of up to $250 for credit to January 1, 2020, and modified emergency medical technicians who some eligibility requirements. volunteer with eligible rural communities. To receive the credit, at least 20 percent of the individual’s emergency medical service must Senate Bill 373 be volunteer hours spent in a rural area at least 25 miles away from a city with a Requiring Coordinated Care Organizations population of 30,000 or more. The tax credit to contract with local Dental Care may be claimed until January 1, 2014. Organizations
In 2011, Senate Bill 234 directed the Oregon In 2011, the Legislative Assembly passed Health Authority to establish levels of House Bill 3650, creating the Oregon licensure for emergency medical services Integrated and Coordinated Health Care providers (EMSP), and in so doing, Delivery System to provide health care for modified terminology pertaining to EMSPs Medicaid recipients through Coordinated in Oregon statute. An inadvertent Care Organizations (CCOs). CCOs are to consequence of the modified language, was integrate physical, behavioral, and oral to extend eligibility for the tax credit to health care and ensure the Medicaid delivery emergency medical service providers at all system is outcome-driven, resulting in lower levels of licensure. costs.
Senate Bill 324 would have extended the Senate Bill 373 would have required CCOs sunset date of the tax credit from January 1, to provide oral health care through contracts 2014 to January 1, 2020. with existing dental care organizations (DCOs) unless there was no DCO in the service area. The measure would have Senate Bill 325 prohibited a CCO from forming its own DCO until the CCO contracted with the Extending tax credit for health providers local DCO or there was a mutual agreement serving rural areas between the local DCO and CCO.
The rural medical provider tax credit, first enacted in 1989, provides a personal income Senate Bill 457 tax credit of up to $5,000 for eligible medical professionals. Originally, only physicians, Reimbursing County Sheriffs for health care physician assistants, and nurse practitioners provided to persons in custody were eligible for the credit. The credit has since been extended to certified registered Currently, arrested persons are housed in nurse anesthetists, podiatrists, dentists, and county jail facilities, regardless of the law
121 enforcement agency making the arrest. Once written permission from the individual a person is in custody, federal, state, and concerned. The Oregon Health Authority private health insurance coverage does not would also have been authorized to adopt apply, and health care costs become part of rules to impose civil penalties for violations. the County Sheriff’s public safety budget. Senate Bill 572 Senate Bill 457 would have directed health care insurance providers to reimburse local Reducing injuries sustained from handling jail facilities for any services or supplies patients covered by an individual’s benefit plan, or to cancel an insured’s plan while in custody or Work-related musculoskeletal disorders, upon receipt of medical care while in including injuries to muscles, nerves, custody. The measure also prohibited billing tendons, joints, cartilage, and spinal discs, the local jail facility in excess of Medicare continue to be a leading and expensive reimbursement rates for the same service, occupational health problem in the United for medical care provided to covered States. These injuries most often arise from persons in custody. lifting or repositioning patients and are reported in all health care environments. In Senate Bill 490 2001, the State Accident Insurance Fund implemented a safe patient handling pilot Notice of available services at Crisis project. The project focused on lift Pregnancy Centers equipment and proper safe patient handling techniques. Results of the project indicated a Crisis Pregnancy Centers (CPCs), or 65 percent improvement in handling for community-based resource centers, are caregivers and patients. Under the Oregon typically nonprofit, privately funded centers Occupational Safety and Health Act, all established to counsel pregnant women hospitals are required to have employee about alternatives other than abortion. The safety committees and many Oregon types of services that CPCs generally hospitals have a committee focused on provide include peer counseling, financial patient handling practices. assistance, childrearing resources, and adoption referrals. CPCs that qualify as Senate Bill 572 would have required medical clinics may also provide pregnancy hospital safety committees to obtain claims testing, sonograms, and other services; information related to disabling however, the majority of CPCs are not compensable injuries resulting from patient licensed medical clinics and provide no handling, from the Department of Consumer medical services. and Business Services annually, and make recommendations on injury reduction Senate Bill 490 would have required CPCs efforts. to provide written notice of what services were available, including adoption, abortion, Senate Bill 823 and onsite consultation with certain practitioners, including physicians, Expansion of mental health services naturopaths, and nurse midwives. The measure would also have prohibited health Senate Bill 823 would have required the information from being disclosed without Oregon Health Authority to create new
122 programs and expand existing programs to crisis, and community recovery services. increase capacity to provide mental health Additionally, the measure would have services statewide, making tools and established a six-member Mental Health resources for early intervention broadly Oversight Committee to monitor implementation, expansion expenditures, available. The measure specified criteria for and creation of the programs described. programs for young adults, schools, children and families, support networks, adults in
123
Human Services
124
House Bill 2004 programs for at-risk children, and ensure that all children are ready to learn when they enter kindergarten. Over the past two years, Low-income electric bill assistance the ELC has studied and selected Senate Bill 863 (2011) directed the Public kindergarten assessment tools, and Utility Commission to collect an additional developed a flexible model, called an Early $5 million per year for the low-income bill Learning Hub, for integrating delivery of payment assistance program in the event that services that are available prior to entry into two or more economic criteria were met. kindergarten. The program is administered by the Oregon Department of Housing and Community House Bill 2013 directs the ELC and the Services (OHCS). Department of Education to assist school districts with the implementation of House Bill 2004 removes the economic kindergarten readiness assessments and triggers for the collection of the $5 million establishes a related grant program. It also additional monies for the program and renames the “Healthy Start Family Support instead provides OHCS with authority to Services” Program, the “Healthy Families request the increase. This provision is Oregon” Program and expands assessments scheduled to sunset on January 2, 2016. The to include children from zero to three years measure also directs that an advisory of age. The Oregon Health Authority and the committee be appointed for the purpose of ELC are to develop performance metrics for determining to which agency the low- prenatal care, delivery, and infant care; and income energy assistance program should be establish a grant program to support the transferred. The advisory committee is to alignment of early learning systems with present its findings to the appropriate health systems. Screening and referral interim legislative committees no later than services for a voluntary statewide early December 1, 2013. learning system are to be standardized and a permanent professional development and Effective date: June 4, 2013 labor management committee is to be established for child care providers. Preschool children with disabilities are to House Bill 2013 have comprehensive communication plans by the age of three. Finally, the ELC is to Early learning services and kindergarten establish Early Learning Hub demonstration readiness assessments projects.
The Early Learning Council (ELC) is a Effective date: August 14, 2013 subgroup under the Oregon Education Investment Board (OEIB), both of which were created by Senate Bill 909 in 2011. House Bill 2053 The OEIB, chaired by the Governor, oversees efforts to create a seamless, unified Responding to tribal requests for criminal system for investing in and delivering public background checks to license foster care education from early childhood through high providers school and college. The ELC guides activities with regard to early childhood, to House Bill 2053 allows a Native American integrate and streamline a variety of state tribe to obtain a criminal background check
125 from the Oregon State Police on persons it exemption for property of a disqualified seeks to certify to provide foster care for charity. The measure does not change tribal children. existing reporting requirements and relies on expenditure calculations that are part of the Native American families have experienced current reporting process. disproportionate representation within the state foster care system. This measure Effective date: October 7, 2013 permits the tribes to partner with the state to conduct background checks on potential House Bill 2205 tribal foster care families and relative caregivers. Expanding mandatory reporters of elder abuse and the duty to report Effective date: May 9, 2013 Oregon law requires certain individuals, House Bill 2060 who come into contact with vulnerable populations, to report abuse. These Expenditure requirements for charitable mandatory reporting laws originally targeted organizations child abuse, and the individuals required to report are called “mandatory reporters.” In Oregon, charitable organizations are Mandatory reporters include law regulated by the Charitable Trust and enforcement, social workers, medical and Corporation Act, which charges the other treatment providers, school personnel, Attorney General to represent the public's child care providers, foster care providers, interest in connection with assets held for legal personnel, and clergy members. The charitable purposes. Organizations holding child abuse reporting statutes were later used such assets and/or soliciting donations must as models to require mandatory reporting of register and file periodic financial reports elder abuse, and abuse of disabled adults. with the Department of Justice. Each year, According to the Department of Human the Attorney General publishes a 20 Worst Services, 11,000 complaints of elder abuse Charities list. In 2012, that list highlighted or neglect are investigated every year. charities expending 25 percent or less on program services. The Better Business In 2011, the Elder Abuse Work Group was Bureau’s guidelines for charitable created by House Bill 2325 to study abuse of organizations recommend that at least 65 vulnerable persons and report to the percent be spent on program services. legislature. The Work Group’s first set of recommendations resulted in House Bill House Bill 2060 allows the Attorney 4084 in 2012. House Bill 4084 continued the General to issue an order disqualifying a Work Group’s activities, and created a charity that fails to expend at least 30 subgroup to study certain matters in-depth, percent of expenses on program services called the Patient Safety Review Council. from receiving tax-deductible contributions. House Bill 2205 represents the work of the Disqualified charities may continue to solicit Council as directed by the Work Group. contributions, but they are required to inform donors that contributions are not House Bill 2205 refines Oregon’s elder deductible for state income tax purposes. abuse mandatory reporting laws to more The measure also eliminates the property tax closely mirror its child abuse mandatory
126 reporting laws, by adding members of the from the determination of whether a legislative assembly, attorneys, dentists, household is “low income” for purposes of optometrists, and chiropractors to the list of the initiative, to increase the number of mandatory reporters, and by expanding the households that may participate. duty to report elder abuse so that it is in effect at all times. The measure also requires Effective date: January 1, 2014 the Department of Human Services to adopt rules to ensure that investigations of abuse House Bill 2417 are conducted in a uniform manner statewide, and to report complaint Veterans housing assistance information to the legislature annually.
Finally, the measure continues the activities House Bill 2417 increases an existing of the Elder Abuse Work Group created by property recording and filing fee collected House Bill 2325 (2011), and previously by county clerks, from $15 to $20 dollars, continued by House Bill 4084 (2012). The and requires a fixed percentage of funds be reconstituted Work Group is directed to spent by Oregon’s Housing and Community make a third set of recommendations to the Services Department specifically to assist legislature by February 1, 2014, to align homeless veterans, veterans at risk of definitions of abuse that may vary depending becoming homeless, and low-income on whether the context is regulatory or veterans and their families. criminal, and as-used between service providers, law enforcement, and other One out of every six men and women in entities. homeless shelters across the country is a
veteran. Compared to individuals in the Effective date: June 11, 2013 same age range among the general
population, veterans aged 18-30 are twice as House Bill 2316 likely to be homeless. The United States Interagency Council on Homelessness Expanding account holders for the Oregon estimates there are about half a million Individual Development Account Initiative veterans paying more than half their income towards rent. In Oregon, many working The Oregon Investment Account Initiative veterans do not earn enough to afford a was created in 1999 and exists in 33 of median-priced home. Unstable housing Oregon’s 36 counties. It aims to alleviate often correlates with other obstacles, such as poverty by matching funds in savings unemployment, poverty, substance abuse, accounts, called individual development and/or mental or physical health issues. accounts, with funds drawn from various Stable housing can dramatically improve a private resources. To qualify for an veteran’s ability to overcome obstacles and individual development account and succeed with reintegration into civilian life. participate in the initiative, an applicant’s household must fit within the definition of Effective date: January 1, 2014 “lower income” which includes consideration of pension income.
House Bill 2316 excludes consideration of pension accounts valued at $60,000 or less
127
House Bill 2422 many structured settlements are created to establish a long-term payment plan for
vulnerable individuals, there is concern that Department of Human Services outreach to the existing statute does not provide veterans appropriate safeguards. Oregon law
governing the transfer of structured In 2012, the Legislative Assembly enacted settlement rights requires a judge or House Bill 4064, which directs the Bureau responsible administrative authority to of Labor and Industries (BOLI) to inquire approve a transfer after finding the about the veteran status of every individual following to be true: 1) the transfer is in the seeking services, and to share that best interest of the payee and their information with the Oregon Department of dependents, 2) the payee has been advised to Veterans’ Affairs (ODVA). The seek professional advice and done so or implementation of House Bill 4064 led to waived the advice, and 3) the transfer does approximately 70 veterans being identified not conflict with any applicable law or court and connected with the ODVA thus far. or governmental order. Federal law places a House Bill 2422 is modeled after House Bill 40 percent excise tax on transfers of 4064, but applies to the Department of settlement rights that are not approved by a Human Services (DHS). When a veteran court. contacts DHS in writing about certain assistance programs, DHS is required to House Bill 2536 adds criteria for the court or communicate the veteran’s name and administrative authority to consider before address to the ODVA, with the veteran’s finding that the transfer of a structured permission. settlement is in the payee’s best interest. The
measure specifies the content of the court About 330,000 veterans currently reside in petition to transfer payment rights, including Oregon. The ODVA estimates about the payee’s declaration under oath whether 230,000 do not receive benefits, and of the payee depends on the structured those, around 100,000 would qualify if they settlement payments or government benefits could be identified and contacted. The for necessary living expenses or medical potential for outreach with assistance from care and treatment. The measure also DHS has an impact, as DHS interacts with requires a disclosure statement be sent to the approximately 800,000 adults every year. payee 14 days before the payee signs the
transfer agreement. The measure changes the Effective date: January 1, 2014 time the payee has to cancel a transfer
agreement from three days after the House Bill 2536 agreement is signed to any time prior to the approval of the agreement by the court or Transfer of structured settlements administrative authority.
Structured settlements are agreements for Effective date: January 1, 2014 periodic payment of damages stemming from a tort or workers’ compensation claim. In 2005, Oregon allowed for the sale of structured settlement agreements in exchange for a lump sum payment. Because
128
House Bill 2639 the difference between the total rental amount and the amount of the subsidy. Preventing housing discrimination against persons with Section 8 vouchers Effective date: January 1, 2014
Federal and state law both prohibit House Bill 3112 discrimination based on race, color, national origin, religion, sex, family status, and No taxes on property owned by local physical and mental disability. Oregon governments used for affordable housing further prohibits discrimination based on a number of other circumstances, including House Bill 3112 exempts certain property marital status, sexual orientation, and the from taxation if it is owned by a political source of a person’s income. subdivision and intended for, or used for, affordable housing. Those claiming the House Bill 2639 makes it unlawful to refuse exemption must apply and then certify that to rent to prospective tenants based on their the property qualifies for the exemption on use of a Section 8 voucher, or any other an annual basis. form of housing assistance, by including such assistance within the definition of Expanding affordable housing for low- “source of income” for purposes of a state income families is a national priority in the discrimination claim. current economic climate. Housing authorities are the only units of government The measure also establishes the Housing exempt from property taxation when leasing Choice Landlord Guarantee Program to to tenants, even though some other reimburse participating landlords up to governmental entities also provide $5,000 for unpaid rent, and property or other low-income housing. House Bill 3112 damage caused by Section 8 tenants. expands such exemption to include the property of any political subdivision that is “Section 8” is what the federal Housing leased to low-income tenants who make 80 Choice Voucher Program is commonly percent or less of an area’s median income, called. It is a federally funded program that adjusted for family size. assists approximately 32, 000 households in Oregon per year by providing vouchers to Effective date: October 7, 2013 subsidize the payment of rent. It enables very low-income families, seniors, and individuals with disabilities, to afford House Bill 3129 housing in the private market, in single- Certifying professional fiduciaries family homes, townhouses, or apartments. It is administered by Oregon’s Housing and House Bill 3129 requires individuals Community Services Department (OHCS), seeking appointment as professional and units rented through the program must fiduciaries to provide proof of certification adhere to certain standards. The subsidy is as a National Certified Guardian or a paid to the landlord by OHCS on behalf of National Master Guardian by the Center for the tenant, and the tenant is responsible for Guardianship Certification or its successor.
The measure also creates a corresponding
129 regulatory body – the State Board of strangers. The Department of Human Professional Fiduciaries – within the Services currently provides notice of Department of Human Services. dependency proceedings to grandparents who request it, but does not seek them out. Courts may appoint guardians (to make decisions for protected persons), and/or Effective date: January 1, 2014 conservators (to manage the property and assets of protected persons), or they may be House Bill 3301 hired privately. Both are “fiduciaries” because they are required to act for the Electric vehicle charging stations installed benefit of another (ORS Chapter 125). In an for personal use in planned communities effort to safeguard the interests of vulnerable persons, the legislature created the Joint Numerous electric vehicle charging stations Interim Task Force on Public Guardian and have been installed in public places, Conservators in 2011 via House Bill 2237, businesses, and residences throughout to examine issues around standardization Oregon, due to the availability of federal and oversight of fiduciaries’ activities. The funding. In 2012, the Oregon Departments Task Force recommended mandatory of Transportation and Energy announced the certification and licensure of professional opening of charging stations along Interstate fiduciaries, and House Bill 3129 is the 5 in the Willamette Valley. Consistent with resulting legislation. this trend, House Bill 3301 provides a
framework for the installation of private Effective date: January 1, 2014 charging stations that is specific to
homeowners in planned communities and House Bill 3249 their corresponding governing associations.
Notifying grandparents of certain House Bill 3301 authorizes owners of lots in proceedings involving grandchildren certain planned communities, or units in condominiums, to install electric vehicle House Bill 3249 requires the Department of charging stations for personal, Human Services to attempt to locate and noncommercial use, and invalidates inform the grandparents of children who are prohibitions against such activities by the subject of certain legal proceedings homeowners’ or equivalent governing where there is an allegation of abuse or associations. A governing association may neglect in a dependency case and the court is require owners to first submit an application; considering child placement outside the may require that certain architectural home. The measure also provides standards be met; may impose reasonable grandparents with a right to be heard, and charges to recover costs; and may impose permits them to seek visitation with the reasonable restrictions. Owners are child. responsible for costs and disclosures to prospective buyers, and associations may In Oregon, 28,000 grandparents have not delay approval of a completed custody of their grandchildren. Research application once an owner agrees to the shows that children placed with association’s requirements. The measure grandparents or other family members do also contains provisions concerning better than when they are placed with homeowner’s insurance coverage for any
130 noncertified electrical product, as well as the physical disabilities. The need for assistance possibility of additional infrastructure, if increases as the population ages, and warranted by an increase in electricity Oregon’s current system and resources will consumption that can be attributed to not meet future demand. electric vehicle charging. Senate Bill 21 requires the Department of Effective date: January 1, 2014 Human Services to convene a committee to develop a plan to improve Oregon’s system House Bill 3482 of long-term care, for submission to the Legislative Assembly by February 1, 2015.
Refining landlord/tenant rights and The planning committee created by Senate responsibilities specific to manufactured Bill 21 includes the Department of Human dwellings Services, community partners, providers, consumers, seniors, people with disabilities, House Bill 3482 establishes landlord and and legislators. tenant rights and responsibilities for the inspection and maintenance of hazard trees Effective date: July 1, 2013 on rented spaces for manufactured dwellings; aligns billing requirements for Senate Bill 123 rent and utilities; and excuses certain manufactured home dealers and park Oregon Foster Children’s Bill of Rights owners, who offer or hold certain loans, from having to obtain a mortgage Senate Bill 123 requires the Department of originator’s license. Human Services to establish the Oregon Foster Children’s Bill of Rights, to include, Landlord/tenant relationships are governed among other things: the right to complain by Oregon’s Residential Landlord and about unsatisfactory or inappropriate care Tenant Act. Manufactured housing and placement services without fear of communities are an important source of retaliation; the right to age-appropriate, up- affordable housing, and enjoy participation to-date, written directions and contact in a broad stakeholder group that meets information for the foster child to register regularly to develop recommendations for complaints; the right to transportation to and the Legislative Assembly. This group is from court and citizen review board called The Manufactured Housing hearings; and the right to contact with Landlord/Tenant Coalition and House Bill siblings. The measure also requires that a 3482 results from its efforts. complaint hotline be established and that a transition toolkit be provided to all children Effective date: June 18, 2013 aged 14 years or older.
Senate Bill 21 In July 2012, Oregon Foster Youth Connection, a program run by a nonprofit
child advocacy organization called Children Improving Long-Term Care in Oregon First for Oregon, held a three-day policy-
focused foster youth summit. During the Oregon is recognized as a national leader for summit, foster youth identified an obligation providing community-based, long-term care on the part of Oregon, to guarantee their services for older adults and people with
131 basic rights so long as they were in state Effective date: June 26, 2013 care. On the final day of the summit, a group of 30 current and former foster youth from Senate Bill 450 around the state presented a set of policy recommendations that included the adoption Task Force on Human Services Delivery and promotion of an Oregon Foster System Children’s Bill of Rights, which resulted in this legislation. Senate Bill 450 establishes a task force to evaluate Oregon’s delivery of a spectrum of Effective date: January 1, 2014 human services programs and assistance to its citizens, and make recommendations for Senate Bill 132 improvement to the legislature in 2015. Proponents in favor of creating the task School immunizations force report that Oregon’s current delivery system is fragmented, difficult for users to Oregon has a nonmedical exemption from access and navigate, and inefficient for school immunizations, which permits caseworkers to manage effectively. parents to refuse to have their children immunized. In the past ten years, according Effective date: July 1, 2013 to the Oregon Public Health Division, parents’ use of the nonmedical exemption Senate Bill 559 for kindergartners has increased statewide from less than 2 percent in 2001 to 5.8 Adults with developmental disabilities percent in 2012. In some counties, the rate of use of the nonmedical exemption is as Currently, Oregonians with developmental high as 12 percent. Oregon has the highest disabilities who are placed in comprehensive nonmedical exemption rate in the nation for care have limited choices for where they live one or more immunizations, and some or receive services. Oregon schools have an exemption rate as high as 70 percent. Prior to passage of this Senate Bill 559 requires the Department of measure, a parent was required to make a Human Services (DHS) to provide an adult statement refusing immunizations due to with developmental disabilities who is religious or philosophical beliefs. eligible to receive comprehensive services with at least three appropriate placement Senate Bill 132 increases the requirements setting options, including at least two for parents to opt-out of school different types of residential settings before immunizations for their children. The Act making an initial placement or transferring requires that a parent submit a signed the adult from one placement setting to document declining immunization, also another. The Act also directs DHS to ensure signed by a health care practitioner verifying that all individuals with developmental that the parent either reviewed information disabilities have equal access to employment about the risks and benefits of opportunities regardless of where they live. immunizations, or completed an online educational video approved by the Oregon Effective date: July 1, 2013 Health Authority.
132
Senate Bill 626 Senate Bill 640
Long Term Care Ombudsman Assessment of support services for developmentally disabled adults The Office of the Long Term Care Ombudsman is an independent state agency Senate Bill 640 requires the Department of that serves long-term care facility residents Human Services, or its designee, to conduct through complaint investigation, resolution, support assessments for adults with and advocacy for improvement in resident developmental disabilities within 90 days of care. The mission of the Office of the Long receiving a request. Term Care Ombudsman is to enhance the quality of life, improve the level of care, Currently, adults with developmental protect the individual's rights, and promote disabilities in comprehensive care are the dignity of each Oregon citizen residing assessed once every five years to determine in a long-term care facility. There are the funding that their service providers will approximately 6,000 individuals with receive. If an individual’s needs change developmental or intellectual disabilities during the five years, it is difficult to receive living in close to 1,000 licensed adult foster a reassessment of the changed service needs, homes and 665 group homes in Oregon. An to determine the appropriate funding. At additional 2,500 individuals with mental or times, service providers are forced to file an behavioral health disabilities are served in exit notice to force the county to reassess approximately 600 residential treatment service funding. Senate Bill 640 requires the homes and facilities. Most of these homes Department of Human Services to create a and facilities are quite small, with only three process to provide service assessments and to four residents and they are scattered for client grievances. throughout Oregon. Effective date: July 1, 2013 Senate Bill 626 expands the Long Term Care Ombudsman’s duties to include LEGISLATION NOT advocating for residents of care facilities who have mental illness or developmental ENACTED disabilities. The measure renames the Long Term Care Advisory Committee to House Bills 2163, 2166, Residential Facilities Advisory Committee and increases the committee membership 2598, and 3377 and requires the Oregon Health Authority and the Department of Human Services to Problem gambling provide the Long Term Care Ombudsman with quarterly reports on the number of beds The 2013 session saw a number of measures in residential facilities that the Long Term aimed at problem gambling that were Care Ombudsman is responsible for. developed via work group activity over the course of more than a year, none of which Effective date: January 1, 2014 were enacted. These included House Bill 2163, requiring the Oregon State Lottery to adopt a comprehensive policy to minimize the risks and harms associated with lottery
133 games and to employ a person to advise the problem gamblers receiving treatment in Lottery Commission on addiction and Oregon was in excess of $41.5 million per mental health issues related to playing year. lottery games; House Bill 2166, to include a component on addictive gambling as part of House Bill 3518 the training that Oregon requires of persons seeking licensure to serve alcohol; House Modifies definition of "social game" Bill 2598, to exclude casino games that only accumulate free plays for users from the House Bill 3518 would have amended the state law definition of “gray machine” so definition of “social game” to allow a county they could be regulated as lottery games; or city to only authorize games, other than a and House Bill 3377, to modify the amount lottery, between players in a location that the Lottery Commission spends on operated and controlled by charitable, advertising the state lottery each biennium, fraternal, or religious organizations. to one-half of one percent or less of net Current statutes define “social game” as a proceeds, and to require four million be game, other than a lottery, between players spent to advertise prevention and treatment in a private home where no house player, of addiction and other emotional and house bank, or house odds exist and there is behavioral problems related to playing no house income from the operation of the lottery games. social game. In addition, a social game is a game, authorized by a county or city local As with other forms of addiction, problem ordinance, permitting the playing or gambling and pathological gambling destroy conducting of a social game in a private the lives of individuals who suffer from business, private club, or in a place of public these diagnoses, with significant collateral accommodation, other than a lottery, impacts and costs to taxpayers. As of June between players in a private business, 2009, approximately 47,019 adult private club, or place of public Oregonians were considered to be problem accommodation where no house player, gamblers with 27,658 considered house bank, or house odds exist and there is pathological. The State of Oregon no house income from the operation of the Department of Human Services’ Gambling social game. Programs Evaluation Update of 2009 estimated the annual socioeconomic cost of
134
Insurance
135
House Bill 2107 order to maintain the Division’s accreditation.
Electronic proof of automobile insurance The 2008 financial crisis was the impetus
Oregon drivers are required to insure for state insurance regulators to begin vehicles and to carry proof of insurance reviewing existing processes and laws with when operating them (ORS 806.010). an eye toward preventing situations similar Minimum insurance requirements include: to the federal bailout of American bodily injury and property damage liability; International Group (AIG). personal injury protection; and protection House Bill 2241 increases oversight of against uninsured motorists. Vehicle owners insurers’ corporate governance by the must certify that they have insurance at the Insurance Division of Oregon’s Department time a vehicle is registered and each time the of Consumer and Business Services, and registration is renewed. In addition, driving provides for greater authority over without liability insurance is punishable by acquisitions of insurers. The measure fine, suspension of driving privileges, and includes penalties for noncompliance that towing of the operated vehicle. Compliance permit enforcement, and also encourages with the liability insurance requirement is greater cooperation and communication typically accomplished by providing a valid between states and with the NAIC. insurance card.
Effective date: June 13, 2013 House Bill 2107 permits drivers to provide proof of liability insurance electronically, by means of a smartphone or iPad, for example. Senate Bill 414 The measure also allows verification of liability insurance by a police officer using Allowing Department of Consumer and the Law Enforcement Data System. Oregon Business Services to require insurers to pay joins five other states that have enacted restitution to policyholders similar legislation (Arizona, Colorado, Idaho, Louisiana, and Minnesota). Oregon law authorizes the Department of Consumer and Business Services (DCBS) to Effective date: May 14, 2013 impose fines or civil penalties against insurers to enforce the Insurance Code. DCBS may also refer a suspected violation House Bill 2241 of the Insurance Code to the Attorney
General or a district attorney. Prior to Regulating acquisitions and mergers of enactment of Senate Bill 414, DCBS did not insurance companies have the authority to require an insurer to
The Insurance Division of the Oregon pay a claim or restitution to a policyholder.
Department of Consumer and Business Senate Bill 414 gives DCBS the authority to Services is accredited with the National seek restitution and other equitable relief on Association of Insurance Commissioners behalf of consumers who suffer damages as (NAIC), as are its counterparts in all states. a result of an insurer’s violation of the House Bill 2241 represents nationally Insurance Code. developed standards that must be adopted in
Effective date: July 3, 2013
136
Senate Bill 683 which insurer or insurers to handle the claim; and requires the insurer to seek
contributions from other insurance Health care practitioner disclosure of providers. financial interest in health care facility
Senate Bill 814 expands the Oregon Under current law, a health care practitioner Environmental Cleanup Assistance Act as with a financial interest in a facility must follows: it provides a right of action for disclose that interest to patients prior to unfair environmental claims settlement referring a patient to that facility. A financial practices; requires coverage of damages to interest is defined as five percent or greater third-party property; and expenses to ownership interest in the entity to which the mitigate damage, and establishes a right to patient is being referred. independent counsel and environmental
consultants provided by the insurer in Senate Bill 683 requires practitioners to certain circumstances. consider only a patient’s clinical needs and personal choices when referring a patient to Effective date: June 10, 2013 a facility for treatment. The measure requires written and oral disclosure of a practitioner’s financial interest at the time of LEGISLATION NOT referral and prohibits the denial, limitation ENACTED or withdrawal of a referral because of the patient’s choice to utilize an alternate facility, except in certain circumstances. The House Bill 2525 measure also directs the Oregon Health Authority to specify the form and manner of Creating private right of action for provider notice by rule and authorizes the violations of Unlawful Insurance Practices Oregon Health Licensing Agency or Act appropriate board to investigate and discipline violations. Oregon’s Unlawful Trade Practices Act (UTPA) defines and prohibits various unfair Effective date: January 1, 2014 and deceptive trade practices, giving the Attorney General, district attorneys, and in some instances, private citizens the right to Senate Bill 814 sue for violations of the Act. It does not include insurance among its prohibited Expanding rights and duties under Oregon practices or regulated services. Insurance Environmental Cleanup Assistance Act trade practices are regulated by ORS Chapter 746, which includes specific Oregon’s Environmental Cleanup prohibitions on unfair claim settlement Assistance Act was enacted in 1999 and practices and a general prohibition against modified by the 2003 Legislative Assembly. engaging in unfair or deceptive acts in the The Act specifies protocols for lost policies; transaction of insurance. requires insurers to cover costs including investigations, feasibility studies, and other House Bill 2525 sought to include a private expenses; allows policyholders with right of action for persons harmed by any coverage from multiple insurers to choose violation of the Oregon Insurance Code,
137 with actual or statutory damages, equitable stacked the UIM coverage on top of the relief, and possible punitive damages, and at-fault driver’s coverage, to increase total attorney fees. The measure also sought to available coverage. create an enforcement action for the Attorney General or district attorney within House Bill 3160 the UTPA for violation of Chapter 746.
Applying the Unlawful Trade Practices Act House Bill 2821 to insurance
Modifying motor vehicle insurance structure The Unlawful Trade Practices Act (UTPA) was enacted by the Oregon Legislature in Oregon law requires every insurance policy 1971. The UTPA defines and prohibits for private motor vehicles to include various unfair and deceptive trade practices, personal injury protection (PIP), coverage giving the Attorney General, district against damage caused by uninsured attorneys, and in some instances, private motorists (UM), and coverage against citizens the right to sue for violations of the underinsured motorists (UIM). PIP benefits Act. Currently, insurance trade practices are are intended to cover immediate expenses regulated in ORS chapter 746 and are not associated with an accident including subject to the UTPA. medical, hospital, dental, surgical, and ambulance services for one year after the House Bill 3160 sought to add insurance to date of the accident. Under current law, PIP the categories of goods or services subject to benefits are paid by the insurer to the the UTPA and to make unfair claim policyholder for economic damages only, up settlement practices a violation of the to the limits of the policy. The insurer may UTPA. The measure also created a private recover PIP expenses from any remaining right of action for individuals. benefits received after the policyholder’s economic damages have been satisfied. Senate Bill 413 “Benefits received” may include at-fault driver’s liability insurance or payments by Rate review process for health insurance an at-fault driver. premium increases
House Bill 2821 would have allowed Under current Oregon law, changes to policyholders to apply benefits received to premium schedules and rates for individual any damages, not just economic damages, and small business health benefit plans must prior to the insurer recovering its expenses be filed with the Department of Consumer from benefits paid. The measure also and Business Services (DCBS); DCBS is extended the period of coverage of PIP required to open a 30-day public comment benefits from one year after the date of period and post all comments on its website. injury to two years. In order to approve or deny rate changes, DCBS determines whether the proposed Underinsured motorist protection provides rates are actuarially sound, reasonable and for coverage when there is a difference not excessive; inadequate or unfairly between the at-fault driver’s liability discriminatory; and based upon reasonable coverage and the policyholder’s UIM administrative expenses. coverage. House Bill 2821 would have
138
Senate Bill 413 would have required Authority to develop standards for insurers offering a health benefit plan to evaluating the insurers’ cost containment provide detailed annual notices to and cost containment goals and results when policyholders and certificate holders, reviewing rate requests. Finally, the measure informing them of DCBS’s rate review would have required DCBS to establish a process, consumer advocacy unit, public process to determine annual official enrollment information, renewal notices, medical trends that would be used in all rate communications between insurers and review filings. enrollees, public hearings, how to participate, how to contact DCBS, and how to receive rate filing notifications. Additionally, Senate Bill 413 would have required DCBS and the Oregon Health
139
Judiciary
140
House Bill 2107 (2011), reports that county jails are currently inspected by both DOC staff and peer audit
teams organized by the Oregon State Electronic proof of automobile insurance Sheriffs Association.
Oregon drivers are required to insure House Bill 2143 allows inspections vehicles and to carry proof of insurance contracted or conducted by county jail when operating them (ORS 806.010). operators to meet the requirement for DOC Minimum insurance requirements include: audits, so long as at least as much bodily injury and property damage liability; information is provided to the Department as personal injury protection; and protection the Department would have obtained by against uninsured motorists. Vehicle owners conducting its own. must certify that they have insurance at the time a vehicle is registered and each time the Effective date: January 1, 2014 registration is renewed. In addition, driving without liability insurance is punishable by fine, suspension of driving privileges, and House Bill 2205 towing of the operated vehicle. Compliance with the liability insurance requirement is Expanding mandatory reporters of elder typically accomplished by providing a valid abuse and the duty to report insurance card. Oregon law requires certain individuals, House Bill 2107 permits drivers to provide who come into contact with vulnerable proof of liability insurance electronically, by populations, to report abuse. These means of a smartphone or iPad, for example. mandatory reporting laws originally targeted The measure also allows verification of child abuse, and the individuals required to liability insurance by a police officer using report are called “mandatory reporters.” the Law Enforcement Data System. Oregon Mandatory reporters include law joins five other states that have enacted enforcement, social workers, medical and similar legislation (Arizona, Colorado, other treatment providers, school personnel, Idaho, Louisiana, and Minnesota). child care providers, foster care providers, legal personnel, and clergy members. The Effective date: May 14, 2013 child abuse reporting statutes were later used as models to require mandatory reporting of House Bill 2143 elder abuse, and abuse of disabled adults. According to the Department of Human
Services, 11,000 complaints of elder abuse Eliminating redundant county jail auditing or neglect are investigated every year. requirements
In 2011, the Elder Abuse Work Group was Chapter 169 of the Oregon Revised Statues created by House Bill 2325 to study abuse of specifies standards for local youth and adult vulnerable persons and report to the detention facilities and requires the Oregon legislature. The Work Group’s first set of Department of Corrections (DOC or the recommendations resulted in House Bill Department) to ensure compliance. The 4084 in 2012. House Bill 4084 continued the State and Local Government Efficiency Work Group’s activities, and created a Task Force, established by House Bill 2855 subgroup to study certain matters in-depth,
141 called the Patient Safety Review Council. is used on a person who is young, or a House Bill 2205 represents the work of the family member of the pimp (ORS 167.017). Council as directed by the Work Group. Convicting the pimp is the higher priority in House Bill 2205 refines Oregon’s elder many situations, but the crime of compelling abuse mandatory reporting laws to more prostitution can be difficult to prove, closely mirror its child abuse mandatory especially when the person being prostituted reporting laws, by adding members of the is young, or emotionally compromised, or legislative assembly, attorneys, dentists, otherwise reluctant to testify. House Bill optometrists, and chiropractors to the list of 2334 slightly expands the scope of conduct mandatory reporters, and by expanding the that constitutes the crime of compelling duty to report elder abuse so that it is in prostitution, to permit conviction for effect at all times. The measure also requires compelling another to attempt prostitution. the Department of Human Services to adopt rules to ensure that investigations of abuse Effective date: June 4, 2013 are conducted in a uniform manner statewide, and to report complaint House Bill 2549 information to the legislature annually.
Finally, the measure continues the activities Ranking sex offenders by level of risk of the Elder Abuse Work Group created by
House Bill 2325 (2011), and previously There are over 20,000 registered sex continued by House Bill 4084 (2012). The offenders in Oregon and the number is reconstituted Work Group is directed to growing by over a thousand each year. make a third set of recommendations to the Assessments show that many of these legislature by February 1, 2014, to align offenders are at a low risk to reoffend. definitions of abuse that may vary depending House Bill 2549 results from the efforts of a on whether the context is regulatory or work group that met over two years to criminal, and as-used between service develop legislation to provide a path for providers, law enforcement, and other those who pose the least risk, to seek relief entities. from Oregon’s sex offender registration
requirements, and thereby permit resources Effective date: June 11, 2013 to be concentrated on offenders who pose
the greatest risk. House Bill 2334 House Bill 2549 creates a three-tiered Compelling another person to attempt system for ranking sex offenders based on prostitution risk, involving the Department of Corrections, the State Board of Parole and Prostitution is the crime of offering or Post-Prison Supervision, and the Psychiatric agreeing to engage in, or engaging in, sexual Security Review Board. It requires all conduct or contact in exchange for a fee offenders in the current system to be (ORS 167.007). Compelling another person reclassified into the three-tiered system, to engage in prostitution (pimping) is also a using a designated risk assessment tool and crime, any time force or intimidation is specified process, by December of 2016. used, but also when mere inducement or aid First-tier offenders, who pose the least risk, are eligible to apply for relief from reporting
142 requirements. Second-tier offenders are House Bill 2594 eligible to apply for reclassification as first-tier offenders, ten years after successful Court-ordered outpatient mental health termination of supervision. Third-tier treatment offenders are eligible to apply for tier two, also ten years after successful termination of Civil commitment is reserved for only the supervision, but they are not eligible for most serious circumstances. To order civil complete relief from reporting requirements. commitment, a court must find that a person Those convicted of Rape I, Sodomy I, poses an imminent danger to themselves or Unlawful Sexual Penetration I, Kidnap I or others. House Bill 2594 offers a less extreme Burglary I, may not seek relief from alternative called “assisted outpatient registration requirements. The measure also treatment” when release into a community requires certain notices for the public and may be more appropriate. for victims.
House Bill 2594 authorizes a court in a civil Effective date: August 1, 2013 commitment proceeding, to order a person
released from custody into treatment for up House Bill 2571 to one year, if a community health provider recommends it, and if the court finds, after Clarifying paternity and spousal support considering specified factors, that the person details is deteriorating to the point that they will satisfy the definition of a person with mental Oregon courts treat spousal support as illness at ORS 426.005. terminating at death, but Oregon statutes are silent. Consistent with court practice, House Effective date: January 1, 2014 Bill 2571 terminates spousal support upon the death of either party unless otherwise House Bill 2596 provided for in the order establishing support. The measure also clarifies that Civil cause of action for interference with unpaid spousal support does not terminate forest practices upon the death of either party.
Certain groups and individuals have been Oregon also has no statutes governing the chaining themselves to gates and trees, and maintenance of health or life insurance damaging equipment and roadways in order during paternity proceedings. Upon filing a to prevent performance of contract petition to establish paternity, House Bill obligations by those under contract with the 2571 requires the issuance of a restraining State Department of Forestry. Although order to prohibit parties from altering health many of these acts are crimes, most counties or life insurance policies that benefit minor lack the resources to prioritize prosecution or children or the other party, and permits to adequately punish those responsible. filiation proceedings to be brought in the circuit court of the county where a parent or House Bill 2596 creates a specific civil cause an alleged parent or a child resides. of action for a private entity under contract to
engage in forest practices with the State Effective date: January 1, 2014 Department of Forestry, to recover actual
143 damages plus attorney fees against persons House Bill 2836 who intentionally obstruct or impair the performance of forest practices on state Juveniles’ fitness to proceed forestlands or access roads. In order to stand trial, a criminal defendant Effective date: January 1, 2014 must be competent, or “fit to proceed” – meaning that generally, they must be able to House Bill 2710 understand the charges against them and to assist with their own defense. Oregon Drones statutes that govern fitness determinations are found in Title 16, Crimes and A state cannot regulate the airspace above it, Punishments, at 161.360, 161.365, and as the United States has complete exclusive 161.370, but there are no equivalent statutes sovereign authority over all the country’s found in Oregon’s juvenile code, in Title 34, airspace (with certain rights afforded to at Chapter 419C. landowners and citizens). A state can, however, regulate drones and their use by House Bill 2836 makes express that this public entities. important constitutional protection applies to juvenile defendants as well as adults. It House Bill 2710 preempts local recites the standard and sets forth procedures governments from regulating drones and for fitness determinations that are specific to makes it a crime to use a drone to attack or youth in delinquency proceedings. It is the interfere with aerial vehicles. It prohibits culmination of work group efforts going public entities from arming drones, and back nearly ten years, organized primarily requires drones to be registered with the by the Oregon Law Commission. Oregon Aviation Board, with annual reports on their use after January 1, 2016. The Effective date: August 1, 2013 Oregon Aviation Board must adopt rules to implement use reporting by public entities, House Bill 3194 and must make recommendations to the legislature by November 14, 2014, regarding Criminal sentencing package: reform, the status of federal regulation of unmanned alternatives, and ongoing study aerial vehicles and whether these vehicles should be registered in Oregon when Oregon’s Commission on Public Safety was operated by private individuals. The established and continued by Executive measure also limits the use of information Orders in 2011 and 2012 to develop obtained by drones, particularly with regard recommendations for comprehensive to law enforcement. sentencing reform based on fiscally responsible, data-driven policies and House Bill 2710 allows law enforcement to practices to improve public safety, hold use drones for training and for gathering offenders accountable, and control information, but prohibits disclosure or use corrections costs consistent with state of the information, or derivative evidence, in budget limitations. The Commission issued any judicial or administrative proceeding, or recommendations on December 17, 2012, from being part of the calculus to determine which served as a starting point for the reasonable suspicion or probable cause. development of House Bill 3194, and during the 2013 legislative session, the Joint Effective date: July 29, 2013
144
Committee on Public Safety was formed to House Bill 3327 fully vet the contents of the measure.
Setting aside convictions for certain sex The measure makes substantive changes in crimes five areas related to Oregon criminal law: sentencing, offender incentives, offender House Bill 3327 allows specified sex crimes supervision, program assessment, and (at ORS 181.830(1)(a), (A) through (F)) to correctional resources. It reduces be set aside pursuant to ORS 137.225, if the presumptive sentences for repeat offenders person convicted has successfully completed convicted of Identity Theft and Robbery III sentencing conditions, met the requirements and eliminates the prohibition on probation of sex offender registration, and successfully for offenders convicted of multiple drug obtained relief from the obligation to offenses. It modifies sentencing for continue reporting. It also permits marijuana offenses and driving while expungement of a juvenile adjudication for suspended or revoked, and the crime of Rape III, Sodomy III, Sex Abuse III, or an harassment. It increases the maximum attempt to commit those crimes, if: the length of short-term transitional leave that offender was under the age of 16 at the time; may be granted by the Department of the victim was at least 12 and within three Corrections (DOC); reduces the length of years of the offender’s age; and if the supervision for certain offenders; and allows victim’s lack of capacity to consent was a supervisory authority to modify special solely due to age. conditions of probation.
Effective date: June 13, 2013 The measure also impacts data collection and reporting by: establishing a definition of “recidivism;” directing the Oregon Criminal Senate Bill 6 Justice Commission (CJC) to collect “best practices” of specialized courts; requiring Increased penalties for harming animals prison growth forecasts to include margins of error; modifying the requirements related Senate Bill 6 increases the penalties for to fiscal impact statements and the use of animal abuse and neglect. Animal abuse evidence-based practices; and requiring occurs when a person intentionally, DOC to identify cost-containment solutions. knowingly, or recklessly causes death or serious physical injury to an animal; Finally, House Bill 3194 creates the Justice aggravated animal abuse occurs when Reinvestment Grant Program, to be someone maliciously kills or tortures an administered by the CJC, and continues to animal; and animal neglect occurs when a focus on criminal sentencing issues with the person intentionally, knowingly, recklessly, creation of a Task Force on Public Safety. or with criminal negligence, fails to provide The Task Force will review implementation minimum care for an animal they are of the measure, consider specified juvenile responsible for. corrections issues, evaluate DOC data, and make further recommendations to the Effective date: August 1, 2013 legislature.
Effective date: July 25, 2013
145
Senate Bill 9 be placed under the jurisdiction of the Psychiatric Security Review Board (PSRB).
Higher fine for driving while using a A person committed under Senate Bill 421 communications device must be committed to the Oregon State
Hospital or a secure intensive community Senate Bill 9 increases the maximum fine inpatient facility. The PSRB must hold a for operating a motor vehicle while using a hearing six months after the commitment mobile communications device from $250 (a and then every two years. The measure also class D violation) to $500 (a class C allows the Oregon State Hospital or violation). It also requires the Oregon inpatient facility to request a review hearing. Department of Transportation to place signs If a person discharged by the PSRB has on Oregon highways to inform drivers. outstanding or pending criminal charges, the
PSRB must notify the district attorney. Effective date: January 1, 2014
Effective date: August 1, 2013 Senate Bill 40 Senate Bill 463 Lowering penalties for marijuana possession Racial impact of proposed legislation
Senate Bill 40 reduces the crime of unlawful Senate Bill 463 requires the Oregon Criminal possession of four or more ounces of Justice Commission, at the written request of marijuana from a class B felony to a class C one legislative member from each political felony; classifies possession of less than four party, to prepare an impact statement on the ounces but more than one ounce as a class B effect a measure may have on the racial and misdemeanor; and reduces the penalty for ethnic composition of the criminal offender unlawful possession of less than one ounce population or recipients of social services. It within 1,000 feet of a school, to a violation requires grants awarded by state agencies to from a class C misdemeanor. include a racial and ethnic impact statement
and sunsets in 2018. Effective date: July 1, 2013
Senate Bill 463 is modeled after legislation Senate Bill 421 in Iowa. A national report by the Sentencing Project found that Iowa had the highest rate Prosecutors may initiate civil commitment of racial disparity among inmates nationally. proceedings The report found that two percent of Iowa's general population was black, but 24 percent Senate Bill 421 authorizes a district attorney of its prison population was black. Iowa to petition the court to initiate commitment passed legislation four years ago, to become proceedings if there is reason to believe a the first state to require its officials to person is an extremely dangerous mentally consider the racial and ethnic impact of ill person. The bill requires the court to criminal justice policies. conduct a hearing upon receipt of a petition and allows the court to order the person to Effective date: January 1, 2014
146
Senate Bill 483 Senate Bill 622
Patient safety and conflict resolution Juvenile court records
Senate Bill 483 is the result of Juvenile court records are confidential and recommendations made by the Patient can only be disclosed to certain persons – Safety and Defensive Medicine Work Group those who are either involved in the that was established pursuant to Senate Bill proceedings or with the juvenile. Court 1580 (2012), to examine ways to improve proceedings generally, however, are open to patient safety, reduce medical costs, and the public, so juvenile courts in Oregon compensate injured persons more maintain two files: the “legal file” which effectively. contains materials related to the proceedings and the “social file” which contains Senate Bill 483 establishes a program that information such as clinical evaluations. The allows a patient or health care facility to file terms describing the two files and their usage a notice of adverse health incident (as have developed from court practice over time defined in the measure) with the Oregon and are not defined in statute. Patient Safety Commission. The bill provides a mechanism for discussion Senate Bill 622 clarifies a number of access between the patient, the doctor, and the and disclosure issues specific to juvenile health care facility, and these discussions are records and defines a “record of the case” to kept confidential unless a person contradicts contain the summons, petitions, pleadings, themselves in a subsequent court motions, exhibits, transcripts, affidavits, local proceeding. The measure tolls the statute of citizens review board findings, guardianship limitations to file a civil claim for six reports, court orders, and other documents months when a request is made for the that are part of the court record. It also parties to participate in the program. The defines a “supplemental confidential file” to measure further: prohibits a court from contain reports related to the juvenile’s considering whether or not a party history and prognosis, that are not received in participated in discussions; does not evidence and that do not become part of the preclude the parties from pursuing formal “record of the case.” mediation; and prohibits professional liability carriers from denying coverage Effective date: January 1, 2014 based on participation in the program. Senate Bill 673 Finally, Senate Bill 483 creates a
14-member Task Force on Resolution of Sex crimes: creating a new crime and Adverse Health Care Incidents, to make modifying another further recommendations to the legislature, sunsetting in 10 years. Senate Bill 673 creates the new crime of
purchasing sex with a minor. A first offense Effective date: March 18, 2013 is a class C felony. If the minor involved
was at least 16 years old at the time of the crime, the accused is permitted to raise an affirmative defense: that they reasonably
147 believed the minor was 18 or older. Those Senate Bills 347, 699, 700, convicted would be required to complete “john school,” and whether to require sex and 796 offender registration would be within the court’s discretion. A second or subsequent Firearms offense is a class B felony. The accused is precluded from asserting the affirmative The 2013 session saw a number of measures defense and if convicted, sex offender aimed at regulating firearms that were not registration is mandatory. enacted. These included Senate Bill 347, allowing school districts to exclude firearms The measure also reclassifies the crime of from school grounds; Senate Bill 699, trafficking in persons, from a class B felony clarifying that retired and off-duty law to a class A felony, when by force or fraud, enforcement personnel could have firearms in the victim engages in commercial sex acts, public buildings; Senate Bill 700, requiring regardless of the victim’s age. private sellers to run background checks on prospective buyers; and Senate Bill 796, Effective date: August 1, 2013 requiring firearms instructors to be physically present at training classes. LEGISLATION NOT A citizen’s right to bear arms is provided for ENACTED in both state and federal constitutions. Some state regulations and restrictions on this right House Bill 2963 include: prohibiting convicted felons and mentally ill persons from possessing
firearms; requiring lawfully possessed State preemption weapons to be kept in locked vehicles,
unloaded, when on school grounds; Article XI of the Oregon Constitution allows prohibiting lawfully possessed and lawfully local governments to enact ordinances that concealed weapons from courthouses; and concern the same subject matter as state law, requiring gun dealers, but not private sellers, provided the local ordinance does not to check prospective buyers’ criminal conflict with state law. In determining records. whether there is conflict, courts look to express decisions by the state, as well as The introduction of gun-related legislation state decisions or intent that may be implied in 2013 was spurred by tragedies involving in legislative history or elsewhere (See City firearms around the country and at home, of Portland v. Jackson, 316 Or 143, 151 including: a mass shooting at Sandy Hook (1993)). Elementary School in Newtown,
Connecticut; a theatre shooting in Aurora, House Bill 2963 would have required state Colorado; and a shooting at Clackamas law to expressly preempt a city’s authority Town Center, in Happy Valley, Oregon. to regulate sidewalks, rather than be construed to imply preemption.
148
Labor and Employment
149
House Bill 2111 House Bill 2207 requires electronic deposit of wages for state employees and officers,
except in cases where the Department of Employment discrimination against Administrative Services has determined it is individuals with a disability not practicable or efficient or an individual
has asked to receive payment by check or The federal Americans with Disabilities Act bank-issued payroll card. The measure also (ADA), as well as Oregon law, prohibit requires electronic delivery of itemized employers from discriminating against deduction statements, except in cases where disabled job applicants and employees. The an individual has asked to receive paper ADA applies to employers with 15 or more statements. employees, while Oregon law applies to employers with six or more employees. The Effective date: June 13, 2013 federal Americans with Disabilities
Amendment Act (ADAA) took effect in 2009 and provides broader protections to House Bill 2545 individuals with disabilities. Oregon enacted Senate Bill 874 (2009) to more closely Debarments from public works contracts conform to federal law. In adding the term “materially restricts” to the disability Under current law, contractors, standard, the standard was actually raised, subcontractors, firms, corporations, making Oregon’s law out of conformance partnerships, or associations can be debarred with federal law. from receiving a contract or subcontract for public works for three years for various House Bill 2111 deletes the word specified violations. The Labor “materially” from the disability standard and Commissioner has the authority under ORS introduces language to conform Oregon law 279C.860 to determine if an entity will be to the federal standard. debarred. As of July 2013, there were 84 entities ineligible to receive public works Effective date: January 1, 2014 contracts. Though there are exemptions and exceptions, public works projects typically House Bill 2207 include: projects for construction, reconstruction, major renovation, or painting Expanding electronic options for state by or under contract for any public agency payroll to serve the public interest; projects using a combination of private funds and at least Approximately 37,000 state employees and $750,000 in public funds for construction, officers currently receive printed monthly reconstruction, major renovation, or painting statements of deductions even though over on a privately owned road, building, 80 percent of state employees have structure or improvement; projects using established electronic direct deposit for their private funds to construct a private road, paychecks. The remainder receive a paper building, structure, or improvement in which check or a debit-style payroll card. a public agency will lease at least 25 percent Individual agencies may print the deduction of the square footage; and solar projects statements for distribution and hand-deliver constructed or installed on publicly owned the statements to employees. land, structure, or building, regardless of the funding source.
150
House Bill 2545 adds limited liability House Bill 2646 applies the prevailing wage companies to the list of entities that can be rate law to the Oregon University System debarred in cases where any member or (OUS) and to agreements between OUS and manager of the limited liability company private entities for construction, fails to pay or post the prevailing rate of reconstruction, renovation, or painting wage, fails to pay the subcontractor’s projects on real property that OUS owns, or employees amounts the contractor pays on that is owned by an OUS-member behalf of the subcontractor, or intentionally institution, regardless of the project’s falsifies information in certified statements. funding source.
Effective date: May 28, 2013 Effective date: May 22, 2013
House Bill 2646 House Bill 2654
Application of prevailing wage law to Prohibiting employers from accessing Oregon University System workers’ social media accounts
Oregon is one of 32 states that have a House Bill 2654 prohibits employers from prevailing wage law modeled after the requiring employees and job applicants to federal Davis-Bacon Act. The Oregon law is permit access to personal social media designed to ensure that contractors compete accounts and prohibits retaliation for on their ability to competently and refusals to permit such access. The measure efficiently perform work while maintaining also prohibits employers from requiring community compensation standards, to employees or applicants to add the employer encourage training and education of workers as a contact associated with the social media in industry skill standards, and to encourage site. The measure allows employers to employers to use the funds required by law conduct investigations and does not prohibit for fringe benefits for the actual purchase of accessing publically available information. such benefits. Though there are exceptions and exemptions, public works projects are Over 78 percent of Americans access the generally covered by the state’s prevailing internet and of that group, 67 percent access wage rate law under the following a social media account. National media conditions: the total project cost exceeds sources have reported instances of $50,000, the project is for construction, employers requiring employees or job reconstruction, major renovation or painting, seekers to turn over their social media and the project directly or indirectly uses account usernames and passwords to the public agency funds. Public work on employer as a condition of employment. privately owned land or buildings are House Bill 2654 prohibits this practice. covered under prevailing wage law if the project is for construction, reconstruction, Effective date: January 1, 2014 major renovation, or painting and uses at least $750,000 in public funds, or if it is for construction in which one or more public agencies will occupy or use at least 25 percent of the project’s square footage.
151
House Bill 2669 to direct deposit to employees opting-out of direct deposit is anticipated to benefit the
business community by improving Extending workplace protections to interns efficiency and saving money.
Prior to the enactment of House Bill 2669, House Bill 2683 allows an employer to interns performing work for educational direct deposit an employee’s wages without purposes were not covered by Oregon’s the agreement of the employee, unless the harassment and discrimination statutes employee makes a verbal or written request because interns were not considered for a paper check. employees.
Effective date: January 1, 2014 House Bill 2669 provides specific civil rights protection to unpaid interns, including protection from discrimination based on House Bill 2903 race, color, religion, sex, sexual orientation, national origin, marital status, age, military Leave from employment for victims of service, or disability. The measure also domestic violence protects interns from discrimination for reporting violations of the law, participating In 2007, the Legislative Assembly required in legal proceedings, or for being a victim of an employer with six or more employees to domestic violence, assault, harassment, or allow an eligible employee to take a stalking. It prohibits employers from reasonable amount of unpaid leave for requiring interns to undergo invasive purposes related to being a victim of medical testing, disclose genetic domestic violence, including obtaining legal information, and restricting the use of or law enforcement assistance, medical tobacco during nonworking hours. The attention, or the services of a domestic measure does not create an employment violence shelter or rape crisis center, relationship for purposes of wage and hour psychological counseling, or relocating. This laws, minimum wages, child labor laws, type of unpaid leave is available to victims occupational safety and health laws, of domestic violence, harassment, sexual workers’ compensation, unemployment, assault, or stalking, or to the parent or Oregon Family Leave Act, or other leave guardian of a minor child or dependent who laws. is a victim. To qualify, the employee must have worked an average of more than 25 Effective date: June 13, 2013 hours per week for at least 180 days. Employees may also use accrued paid vacation. House Bill 2683 House Bill 2903 extends protected leave to Payment of wages through direct deposit victims who are new and part-time employees. The measure also requires that Under current law, wages can be paid the employer post, in a conspicuous and through direct deposit or other means of accessible place, a summary of the statutes electronic transfer only if the employee and administrative rules that govern the agrees to the method of payment. Changing protected leave. The Bureau of Labor and the current practice of employees opting-in Industries (BOLI) is directed to make the
152 summary available to employers. Currently, employer for 12 months. The work location all mandated workplace posters can be must be where the employer has 50 or more downloaded at no charge from BOLI’s employees within 75 miles. Under FMLA, website, while composite posters may be “family” does not include siblings or purchased for between $10 and $15. in-laws.
Effective date: January 1, 2014 House Bill 2950 allows an employee eligible for OFLA to take up to two weeks of unpaid House Bill 2950 leave to attend services for a deceased family member, to make arrangements for a
deceased family member, or to grieve the Bereavement leave death of a family member. Eligible
employees are entitled to a total of two The Oregon Family Leave Act (OFLA) weeks of leave for this purpose during any allows eligible employees to take up to 12 one-year period, and the leave is counted weeks of unpaid leave per year to care for toward the 12-week limit. The leave must be themselves or family members in cases of taken within 60 days of the death of the illness, injury, childbirth, or adoption. family member. Women are allowed to take an additional 12 weeks of leave for pregnancy or childbirth. Effective date: January 1, 2014 An employee who has taken 12 weeks of parental leave can take an additional 12 weeks to care for a child with a non-serious House Bill 2977 health condition. Under OFLA, “family member” includes the following: spouse; Construction labor contractors domestic partner; biological, adoptive or Under current law, farm labor contractors foster parent or child; grandparent or must be licensed with the Bureau of Labor grandchild; parent-in-law; or person with and Industries (BOLI) and are subject to whom the employee was or is in a examination, insurance, and bonding relationship of in loco parentis. requirements and BOLI is authorized to
assess civil penalties up to $2,000 for To be eligible for parental leave, an violations. employee must have worked at least 180 days for the employer. For all other types of House Bill 2977 brings construction labor family leave, the employee must have contractors under the same statutes as farm worked at least 180 days and for an average labor contractors. Construction labor of at least 25 hours per week. Employers are contractors will be required to be licensed subject to OFLA if they employ 25 or more by BOLI, which is directed to administer persons in Oregon. and enforce the licensing requirements. The measure prohibits retaliation and The federal Family and Medical Leave Act discrimination against any employee who (FMLA) has different eligibility exercises their rights. The measure provides requirements. Employers are subject if they BOLI with authority to assess a civil penalty employ 50 or more persons. Eligible of up to $2,000 per violation. In addition, a employees must have worked 1,250 hours worker who files a complaint with BOLI during the 12 months prior to the start of also has a private right of action. Any person leave and must have worked for the who knowingly uses the services of an
153 unlicensed contractor will be held House Bill 3342 personally, jointly, and severally liable. BOLI or any person may bring action Prohibiting public employer from using against an unlicensed construction labor public funds to influence collective contractor or any person using an unlicensed bargaining activities by employees contractor.
House Bill 3342 makes findings that public Effective date: July 1, 2013 funds may not be used to subsidize
interference with an employee’s choice to House Bill 3263 join or be represented by a labor union, that some public employers use public funds to Paid leave for state employees aid or deter union organizing efforts, and that the use of public funds to deter union Under current law, any employer who organizing is contrary to the purposes for employs at least six individuals is required to which the funds were appropriated and is a allow an eligible employee to take wasteful use of scarce public resources. To reasonable, unpaid leave to seek services, that end, the measure prohibits public assistance, or treatment if they are a victim of employers from using public funds to domestic violence, harassment, sexual support, assist, promote, or deter union assault, or stalking. An employee is eligible organizing. Additionally, the Employment for protected leave if the individual has Relations Board is tasked with adopting worked for the employer an average of more rules and enforcing the measure’s than 25 hours per week for at least 180 days. provisions.
House Bill 3263 grants paid leave to eligible The Public Employee Collective Bargaining employees of the State of Oregon who are Act (PECBA) became effective in 1973. victims of domestic violence, harassment, PECBA administers laws governing sexual assault, or stalking. The employee employment relations and public employers may take up to 160 hours of paid leave in and employees in state, counties, cities, each calendar year. The leave granted under school districts, transportation districts, and the measure is in addition to any vacation, other local governments. The Employment sick, personal business, or other form of Relations Board (ERB) is responsible for leave available to the employee; however, the enforcing PECBA and is responsible for employee must first exhaust all other paid determining appropriate bargaining units leave before using the paid leave provided by and conducting elections for representation this measure. The measure also requires the of employees, issuing declaratory rulings State of Oregon, as an employer, to inform and orders in contested case adjudications of certain employees of any communications in unfair labor practice complaints, and the workplace that are related to the resolving disputes over union representation victimization of the employee and offer to and collective bargaining negotiations. report the communication to law enforcement. Effective date: July 25, 2013
Effective date: July 2, 2013
154
Senate Bill 533 by the employee, or deductions authorized by a collective bargaining agreement. If a
deduction is made from an employee’s Services provided to injured workers by wages, the employer is obligated to pay the nurse practitioners and chiropractors amount deducted in the time required by
law, or within seven days of payment of Senate Bill 533 extends the period of time a nurse practitioner may provide health care wages. Should the employer fail to pay the services to an injured worker from 90 to 180 amount deducted to the appropriate recipient days. It also modifies the authority of nurse in the allotted time, the Labor Commissioner practitioners and chiropractors to provide may assess a penalty of up to $1,000. A services to workers enrolled in managed care private right of action exists for individuals organizations. The measure requires that if an employer unlawfully withholds or managed care organizations provide a dispute deducts a portion of the employee’s wages, resolution process for conflicts between but the Commissioner does not have the managed care organizations and health care authority to impose a fine. providers, and specifies conditions under which a managed care organization may terminate or House Bill 2112 would have authorized the deny the participation of a health care provider. Commissioner to assess a fine of up to Senate Bill 533 is the product of a subcommittee $1,000 against an employer who unlawfully of the Management-Labor Advisory Committee withholds, deducts, or diverts an employee’s that met over the course of two years, to focus wages. on issues related to injured workers’ access to medical treatment, and with health care providers leaving the workers’ compensation House Bill 2418 system. The subcommittee was concerned with improving access to care in workers’ Modifying definition of “supervisory compensation cases and enabling patients to employee” receive care from their regular care provider for a longer period of time, while allowing The Public Employee Collective Bargaining collaboration with specialists as needed. Act (PECBA), enacted in 1973, governs public employment relations. Employees Effective date: January 1, 2014 who are not covered under the PECBA and who are prohibited by law from organizing LEGISLATION NOT include elected officials, persons appointed to serve on boards or commissions, certain ENACTED incarcerated persons, persons who are confidential employees, managerial employees, and supervisory employees. House Bill 2112 House Bill 2418 would have modified the Penalty for improper payroll practices definition of supervisory employees to exclude: firefighters, police officers, deputy Employers are prohibited from withholding, district attorneys, and 9-1-1 operators; deducting, or diverting any portion of an employees of the Oregon Youth Authority employee’s wages unless specific with custody, control, or supervisory circumstances are met, such as legally authority over youth offenders; guards at required deductions, deductions authorized correctional institutions or mental hospitals;
155 and parole and probation officers – if those Domestic workers may be nannies, house- listed merely assigned, transferred, or keepers, or care providers. The 2010 directed the work of others without authority American Community Survey (ACS) by the to impose economic discipline. Census Bureau found 726,437 people employed in private households as domestic House Bill 2448 workers. The ACS found that 95 percent of those workers are female, 54 percent
identified as a race other than white, and 46 Resolving issues during term of collective percent were foreign-born. A 2012 survey bargaining agreement by the Center for Urban Economic
Development at the University of Illinois at Under the Public Employee Collective Chicago reported that domestic workers are Bargaining Act, an expedited bargaining often employed in substandard jobs and are process exists for when an employer wants not covered by federal or state labor to make a change in employment relations protections. Some estimates report nearly that are subject to collective bargaining 10,000 domestic workers are employed in during the current contract. If the labor Oregon, the vast majority of them women. organization demands bargaining, the statute prohibits the bargaining from continuing House Bill 2672 would have established past 90 days without the consent of both certain protections for domestic workers, parties, provided both parties negotiated in including overtime pay for more than 40 good faith. After 90 days, the employer may hours worked in a week, or more than 44 implement the proposed changes without hours worked by live-in domestic workers. any further obligation to bargain. The measure required employers provide
written notice of hours, wages, and leave, House Bill 2448 would have required and required accurate records of hours unresolved issues to be submitted to the worked on a daily and weekly basis. Employment Relations Board’s Conciliation Employers would have been prohibited from Service Office for mediation, for a period of requesting possession of a worker’s up to 15 days from the date of the first passport, engaging in unwelcome verbal or mediation session. If an agreement was not physical conduct of a sexual nature, reached through mediation, the matter would subjecting the worker to harassment, and have been submitted to the Employment retaliating if the worker inquired about their Relations Board for binding arbitration. The rights, reported a violation, or filed a measure specified that the employees in the complaint with the Bureau of Labor and bargaining unit subject to the binding Industries. arbitration were not allowed to strike.
House Bill 2672 House Bill 2675 and House Bill 2677 Establishing workplace protections for domestic workers Application of prevailing wage law
Domestic workers are individuals who work Oregon is one of 32 states that has a “Little in the home of another providing child care, Davis-Bacon Act” prevailing wage law house cleaning, or other domestic services. modeled after the federal Davis-Bacon Act.
156
The Bureau of Labor and Industries (BOLI) House Bill 2976 is responsible for administering and enforcing the prevailing wage law and for Temporary employment agencies educating contractors, subcontractors, and public agencies about its requirements. An employment agency, as defined in Though there are numerous exceptions and Oregon statute, is an entity that engages in exemptions, public works projects are procuring, for a fee, employment for generally covered by the state’s prevailing applicants or employees for employers. wage law if the total project cost is $50,000 Employment agencies do not include entities or more; if the project is for construction, that procure employment for others when reconstruction, major renovation, or the charge for services is paid by anyone painting; and the project directly or other than the applicant, i.e., temporary indirectly uses a public agency’s funds. employment agencies and day labor Public works on privately owned land or agencies. Employment agencies are building are covered under prevailing wage governed by statute, and the Bureau of law if the project is for construction, Labor and Industries (BOLI) may adopt reconstruction, major renovation, or painting rules necessary for administering statutory and uses at least $750,000 in public funds or requirements. Employment agencies are not is for construction in which a public agency statutorily required to be registered with or or multiple agencies will occupy or use at licensed by BOLI. Statutes do require each least 25 percent of the project’s square employment agency to maintain a $5,000 footage. surety bond or letter of credit, to comply
with record keeping requirements, to publish House Bill 2675 would have added to the a schedule of charges for services, and to definition of “public funds” the value of any have written contracts with each applicant. exemption from property taxation that the contractor received for a project within an House Bill 2976 would have expanded the enterprise zone. House Bill 2677 would definition of an employment agency to have added to the definition of “public include temporary employment agencies and funds” the value of a tax credit or tax day labor agencies. The measure would have abatement that the contractor received from required employment agencies to register the state in connection with the project. with BOLI and maintain a surety bond or
letter of credit of $20,000. The measure Expanding the definition of “public funds” specified the responsibilities of the would have had the effect of subjecting employment agency and the rights of the additional projects to the prevailing wage employee. It would have allowed the law. Both measures would have modified Commissioner to assess civil penalties and it the definition of “public works” to include would have allowed a private right of action any project that meets the following three for any aggrieved individual. criteria: located in an enterprise zone, on property for which the business has or will receive a property tax exemption, and has a total project cost of at least $5 million.
157
House Bill 3307 House Bill 3390 Meal and rest periods Paid sick leave Current law authorizes the Bureau of Labor and Industries (BOLI) to adopt rules Portland, Seattle, Washington D.C., and the prescribing minimum employment State of Connecticut require private conditions; these rules may include employers to provide paid sick leave to minimum meal periods and rest periods. In employees. The Portland City Council addition to any other penalty provided by approved the standards for paid and unpaid law, BOLI may assess a civil penalty not to earned sick leave for employees working in exceed $1,000 against any person who the city on March 13, 2013. willfully violates the rules governing minimum employment conditions. Any House Bill 3390 would have required penalties collected are used to reimburse the employers of six or more employees to costs incurred in determining the violations, implement a sick leave policy that allows conducting hearings, and collecting eligible employees to accrue paid sick leave penalties; any remainder is transferred to the at a rate of one hour for every 30 hours Department of State Lands for the benefit of worked. Unused paid sick leave would have the Common School Fund. Under current been carried over from one calendar year to law, the employee who did not receive meal the next. An employer could have adopted a periods and rest periods is not entitled to any policy to permit no more than seven paid sick financial remedy when the employer is days to accrue or be used in a calendar year. found in violation. All employees would have been eligible to take paid sick leave except for those who House Bill 3307 would have required the worked for the employer for fewer than 90 employer to pay one and one-half hours of days. An employee would have been able to pay for each day the required meal periods use the leave for the following purposes: to and rest periods were not taken or paid, and recover from, or seek treatment for, an illness it would have provided a private right of or injury; to care for an infant or newly action for the employee if the employer did adopted or foster child; to care for a seriously not do so. The measure specified that an ill or injured family member; to care for a employer is not liable for the payment of child that requires home care; or to take leave additional compensation if: the employer when the employee is a victim of domestic had a written policy permitting employees to violence, harassment, sexual assault, or take meal periods and rest periods that stalking. complied with BOLI rules; the employee’s duties permitted the employee to leave the work station without being relieved or seeking permission of a supervisor; and the employee failed to establish that the employer knew the employee was not provided meal period and rest periods.
158
Land Use
159
House Bill 2106 House Bill 2253
Energy Facility Siting Council siting criteria Population forecasting for land use planning The Energy Facility Siting Council (EFSC) was established in 1975 to oversee the Oregon land use law requires each county to development of large energy facilities, use population forecasts to update and including: large electric generating facilities, maintain comprehensive plans, and requires high voltage transmission lines, gas each county to coordinate the forecast with pipelines, and radioactive waste disposal the local governments within its boundaries; sites. House Bill 2106 directs EFSC to adopt however, many counties have either not rules identifying its criteria for determining adopted a coordinated population forecast or whether the overall public benefit of facility have not provided timely updates. siting outweighs any adverse effects. House Bill 2253 requires that Portland State
University Population Research Center issue Effective date: June 4, 2013 population forecasts for all Oregon counties not less than once every four years, except for portions of Multnomah, Clackamas, and House Bill 2202 Washington counties that are within Metro. Local governments will then use these Aggregate mining on high-value farmland forecasts for land use planning.
Class I and Class II soils are the best lands Effective date: July 1, 2013 for farming in the Willamette Valley. The valley also has excellent aggregate, which is essential for construction of highways, House Bill 2254 buildings, bridges, and railroads. These two resource uses – farming and aggregate Process for amending urban growth mining – use land in the Willamette Valley boundaries zoned for exclusive farm use. Each of Oregon’s 242 cities is surrounded by For mines located on high-value farmland an “urban growth boundary” (UGB), a line composed predominately of Class I and II drawn on planning and zoning maps to soils in the Willamette Valley, House Bill designate where a city expects to grow 2202 requires an operator to excavate residentially, industrially, and commercially. substantially all of the significant aggregate State land use law dictates the process for resource subject to limitations imposed by adopting and amending a UGB. It takes other regulatory requirements. several years for most cities to complete a full UGB amendment process. Effective date: August 1, 2013 House Bill 2254 directs the Land Conservation and Development Commission to develop simplified methods for cities outside of Metro to evaluate or amend a UGB. Two new planning approaches will be developed, one for small cities and the other
160 for larger cities. These new tools are Additionally, should neglect or nuisance optional - cities may continue to use the arise on the property, the local government current system. may require the owner to remedy the situation. If the owner does not provide a Effective date: July 1, 2013 timely remedy, the local government is authorized to address the nuisance and House Bill 2618 attach a lien against the property for the costs of remedying the nuisance. Conditions for withdrawal of annexed part of district by city Effective date: June 6, 2013
Annexation is the process of incorporating a piece of property into the boundaries of a House Bill 2746 city, making the property and those who live there eligible for services provided by the Replacement dwelling on farmland city. This action can be initiated by the city or by the property owner. Annexation is a Oregon law allows landowners to replace locally driven process with guiding state existing dwellings on land zoned for statutes. exclusive farm use if the dwelling meets a number of requirements. House Bill 2618 stipulates that a city may only withdraw an area from a district if the House Bill 2746 increases the number of city will provide those services to the area dwellings eligible for replacement to include that were previously provided by the district. those that were formerly excluded for having certain features related to walls, Effective date: October 7, 2013 plumbing, wiring, and heating systems. The measure also allows permits that were House Bill 2662 voided before it was enacted, to be valid if the dwelling is removed or converted within Allowing cities to remedy neglected one year after the measure’s effective date. properties in foreclosure On January 2, 2024, the measure will sunset and the law as it existed prior to passage of A 2013 study found that of Oregon’s 3,900 the measure, will be reinstated. homes in foreclosure, 1,100 are vacant. A vacant foreclosed home may fall into a state Effective date: January 1, 2014 of neglect creating a nuisance within its neighborhood. Prior to enactment of House House Bill 2788 Bill 2662, local governments did not have the statutory authority to remedy nuisances Donation of farm products as farm use created by vacant foreclosures.
Oregon law allows a tax exemption for farm House Bill 2662 prohibits property owners land that is used for raising or selling crops from neglecting property in foreclosure. The or livestock for profit. Properties receiving a measure requires the owner of the property farm use special assessment are required to to post contact information on the house, be used exclusively for farm uses as defined and to give such information to the local in statute. government or neighborhood association.
161
House Bill 2788 would allow farm land that applicable regulatory restrictions are is used to produce goods that are donated to outlined in ORS 195.305; the statute also a food bank or a school to maintain a tax specifies which land use regulations do not exemption, even though the farm products entitle a landowner to compensation. are not being sold for profit. House Bill 2839 authorizes local Effective date: October 7, 2013 governments to rezone land within an urban growth boundary to a zoning classification House Bill 2820 that allows industrial uses without being required to pay the landowner compensation
if the rezoning results in a reduction of the Solar siting property’s fair market value. The state Energy Facility Siting Council (EFSC), a seven-member board of appointed Effective date: January 1, 2014 individuals, is responsible for permitting large energy facilities in Oregon. Smaller energy facilities are permitted by the county House Bill 3098 in which they are located. The EFSC review process consolidates all state, city, and Permitting youth camps on land zoned for county standards and permits into a single exclusive farm use review. State law currently allows the establishment House Bill 2820 clarifies EFSC jurisdiction of youth camps on lands zoned for forest use based on the type of solar energy facility and or lands zoned for mixed farm and forest whether the proposed site is on high-value use. Administrative rules established by the farmland, predominantly cultivated land or Land Conservation and Development land that is predominantly composed of Commission define “youth camp” and set class I to IV soil, or other land. House Bill specific criteria applicable to establishing 2820 also exempts the decommissioned and operating a youth camp. Christmas Valley Air Force Station facility in Lake County from EFSC jurisdiction. House Bill 3098 allows new youth camps to be established on certain lands of at least Effective date: June 6, 2013 1,000 acres zoned for exclusive farm use in eastern Oregon. House Bill 2839 Effective date: August 1, 2013 No compensation for reduced property values caused by rezoning certain land for House Bill 3125 industrial use Forestland minimum lot size Ballot Measure 37 (2004) provided a process for property owners to submit a Oregon land use law sets minimum lot sizes claim for compensation for reduced property and standards for all land divisions in forest value caused by a state or local land use zones. The statutory minimum lot size for a regulation that took effect after the claimant new forest parcel is 80 acres. took ownership of the property. The
162
House Bill 3125 removes a prohibition on change of use: specifically, the measure dividing parcels below the minimum lot size directed ODOT to establish less-stringent to facilitate a forest practice when an criteria for access to roads with lower traffic existing dwelling is involved. volumes. A subsequent measure, Senate Bill 264 (2011), defined criteria to be used to Effective date: January 1, 2014 approve or deny access permits, and also established the Access Management Oversight Task Force to oversee Senate Bill 408 implementation of Senate Bill 264 and to propose additional legislation, if necessary. Revisions to highway access management Senate Bill 408 is the result of Task Force statutes efforts.
Senate Bill 408 specifies that any existing Effective date: January 1, 2014 approach roads to state highways are presumed to have written permission from Senate Bill 462 the Oregon Department of Transportation (ODOT) if: documentation exists showing Pre-application process for composting that the approach was built or rebuilt as part facilities of an ODOT-approved project; the approach existed before July 16, 1949, the approach Composting is the managed process of existed before ODOT received jurisdiction controlled biological decomposition of over the highway; or if the approach was organic and other solid wastes. In Oregon, built or rebuilt with ODOT’s permission. applicants wanting to locate and operate a The measure also clarifies: the process to be composting facility must first obtain land used by ODOT when engaging local use approval from the local government and governments and abutting property owners then obtain a permit through the Department regarding facility plans; that a property of Environmental Quality (DEQ). For owner in possession of an approach permit disposal sites proposed within the is responsible for the cost and performance jurisdiction of a metropolitan service district of maintenance; and how ODOT and local (Metro), applicants must obtain approval governments are to interact in cases from that district, in addition to DEQ. involving highway improvement projects. Senate Bill 462 requires composting ODOT’s Access Management Unit is facilities that use nonvegetative feedstock, responsible for overseeing how and where or that modify operations in a manner ODOT permits access to state highways requiring new land use approval, to hold a from adjacent land. Access decisions are pre-application conference with relevant based on state law, engineering principles, agencies and hold a pre-application and objective standards meant to balance the community meeting with the public prior to economic development needs of properties applying for approval. Senate Bill 462 also abutting highways with the need to maintain prohibits DEQ and Metro from approving a the safe and efficient operation of state composting disposal site within 1,500 feet of highways, consistent with local a school that is within an exception area for comprehensive plans. Senate Bill 1024 rural residential uses. (2010) established new criteria for requiring approach permits in cases involving a Effective date: June 26, 2013
163
Senate Bill 841 LEGISLATION NOT
Winery activities ENACTED
House Bill 3280 (2011) clarified activities and events that a winery could conduct when House Bill 2028 established as a permitted use on lands zoned exclusively for farm use. The provisions Restrictions on “hostage annexation” by allowing for private events at wineries that local governments met the specified acreage and production requirements were scheduled to sunset on Annexation is the process of incorporating a January 1, 2014. piece of property into the boundaries of a city, making the property and those who live Senate Bill 841 allows wineries meeting one there eligible for services provided by the of the three production and acreage city. “Hostage annexation” occurs when a thresholds specified in the winery statutes to city or district requires a landowner to agree be established as a permitted use on mixed to eventual annexation in exchange for farm and forest land and clarifies authorized providing services to the landowner. activities related to the sale or marketing of wine produced in conjunction with such House Bill 2028 would have prohibited a wineries. In addition, Senate Bill 841 allows city or district from requiring consent wineries meeting the production and acreage eventual annexation in exchange for requirements of the winery statute to conduct providing certain services. up to 18 agritourism or other commercial events each year. For wineries in the Willamette Valley, events on the first six House Bill 2617 event days must be authorized by a renewable multi-year permit issued by the Annexation votes local government, while events on days seven through 18 require a more rigorous Annexation is the process of incorporating a permit that is subject to administrative piece of property into the boundaries of a review by the local government. city, making the property and those who live there eligible for services provided by the Effective date: June 28, 2013 city. Currently, Oregon law states that annexation is approved if a combined majority of votes cast in the city and the territory vote in favor of annexation. This can allow a large area to be annexed, even if the residents of the area being considered for annexation oppose the action.
House Bill 2617 would have required a majority of votes within a city, in addition to a majority of votes within the area to be annexed, for successful annexation of areas of 100 acres or larger.
164
House Bill 2657 in those conflicts over time. The measure would have directed DLCD to convene a
work group to review the report and Rezoning land for nonindustrial uses recommend strategies to address conflicts
between non-farm and farm uses. House Bill Large sites for industrial development are 3040 would also have prohibited new lacking in Oregon. The availability of such landfills from being sited on EFU land. sites is an integral part of efforts to improve the state’s economy and to attract and retain large employers. There has been consistent House Bill 3267 interest in potential sites of 50 acres and up for industrial development – interest that Industrial land in Malheur County continued through the recent recession and led to the passage of Senate Bill 766 in 2011, Malheur County is located in southeastern which provided a process to expedite review Oregon and is home to 31,068 people. The and permitting of significant industrial sites. county is 9,930 square miles (or 6,355,200 acres) in area. Local governments in Malheur House Bill 2657 would have established County currently provide a supply of 13 specific requirements for local governments industrial sites ranging in size from 85 to 261 to meet prior to approving applications to acres. rezone industrial land for nonindustrial use, in order to preserve and encourage utilization House Bill 3267 would have allowed of existing lands already zoned for industrial Malheur County, on or before December 31, use. The measure would have required 2020, to accept an application to plan and applicants for a zoning change to zone a site outside of the urban growth demonstrate that they had advertised the boundary (UGB) for industrial use if certain availability of the land to potential developers conditions existed, including that 20 percent and that changed circumstances in the of county residents’ income was below vicinity reduced the land’s utility for poverty level in the preceding 12 months. An industrial purposes. application would have been eligible for approval if: the applicant committed to House Bill 3040 providing at least 50 new permanent jobs; water, sanitary sewer service, and electricity
were available; and the Malheur County local Conflicts between farm and non-farm uses government considered recommendations Oregon law protects agricultural land for from the Business Development Department farming, by zoning it exclusively for farm and the Land Conservation and Development use (EFU lands), while at the same time Department that there were no other adequate available sites for the proposed industrial use, permitting some non-farm uses on EFU lands. either within the UGB, or outside of the UGB and planned and zoned to allow industrial House Bill 3040 would have directed the use. Department of Agriculture and the Department of Land Conservation and Development (DLCD) to analyze conflicts between farm and non-farm uses and trends
165
House Bill 3439 resort area. TDR programs are used to transfer development from areas where
communities are trying to limit it, to places Agricultural crop distribution on EFU land where communities are encouraging it.
Current state law allows for conditional use permits to be issued for non-farm uses on Senate Bill 845 land zoned exclusively for farm use (EFU land), including commercial activities that Azalea Project industrial development site occur in conjunction with farm use.
Senate Bill 845 was intended to provide House Bill 3439 would have added certainty for traded-sector businesses seeking wholesale distribution (including to acquire large industrial sites for manufacturing, processing, packaging, and development. The measure specified repackaging) of raw or processed conditions under which the land use decision agricultural crops and related products (to zone a site for industrial use) could be produced on or off a farm operator’s made exempt from appeal, based upon the property as an allowed use on EFU land if potential creation of a significant number of the distribution: commenced on or before jobs and the need for certainty that a January 1, 2013; was integrated with farm particular site could be developed. use of the property; and was conducted in Additionally, the site would have to have buildings that existed on or before May 19, been designated as an “urban reserve” within 1970. the urban growth boundary of the
metropolitan service district. In such House Bill 3536 circumstances, the measure allowed the Governor and the Department of Land Establishment of small-scale recreational Conservation and Development to execute an community via TDRs from Metolius agreement to protect the approved use from appeal. House Bill 3536 would have modified the alternatives for establishing a small-scale The measure was designed for the “Azalea recreational community using transferable project” – an effort to recruit a technology development rights (TDRs) from Metolius company that was considering relocation to resort sites. the City of Hillsboro. The land where the company had hoped to site a facility had been In 2009, House Bill 2228 established a zoned industrial, but the zoning decision was voluntary pilot TDR program and authorized under appeal. the establishment of one or two small-scale recreational communities on receiving forestland areas from a sending Metolius
166
167
Transportation
168
House Bill 2264 incentives to providers to offer courses in areas where driver education programs are
not readily available. In the event that no Driver education programs course can be made available through these
incentives, ODOT may offer such a course, Persons age 16 and 17 qualify to test for a or contract with a public or private entity to driver license in one of two ways: they may do so. Finally, the measure authorizes complete a driver education course approved ODOT to impose sanctions on driver by the Oregon Department of Transportation education providers in violation of (ODOT) and practice driving with a licensed applicable statute or administrative rule. adult for 50 hours, or they may opt out of driver education and practice driving with a Effective date: January 1, 2014 licensed adult for 100 hours. Either way, the individual gains the necessary behind-the- wheel experience by obtaining a Class C House Bill 2265 instructional permit; once the driver is 16 or 17 years old and has accumulated the Photo radar in highway work zones necessary experience, they may qualify for a Class C provisional license, which restricts There are currently 10 cities in Oregon the time of day and numbers of passengers, (Albany, Beaverton, Bend, Eugene, by age, that may accompany the driver. Gladstone, Medford, Milwaukie, Oregon About 25,000 teens receive a driver license City, Portland, and Tigard) that are each year; of those, approximately 7,000 statutorily permitted to use photo radar complete an ODOT-approved driver devices to enforce speed limits on segments education program. of public roads. Currently, photo radar devices are limited to use in residential Oregon subsidizes driver education areas, school zones, or other locations if a programs offered through private local governing body finds that speed has a companies, public high schools, community negative impact on safety. Use of the colleges, education service districts, and devices is limited to four hours per day in a counties, in order to lower the cost to the given location. Cities utilizing photo radar student. The average cost, after subsidy, must submit biennial reports to the ranges from $0 to $350, depending on the Legislative Assembly outlining the results of provider. The subsidy is supported through a required process and outcome evaluations $6 fee on every Oregon driver license issued on their photo radar program. or renewed by ODOT’s Driver and Motor Vehicle Services Division (DMV). There are In addition, the Oregon Department of currently 56 approved providers, providing Transportation (ODOT) is authorized to access at 158 sites throughout Oregon. utilize photo radar enforcement in highway work zones located on state highways, House Bill 2264 allows ODOT to reimburse except on interstate highways. Use of the driver education providers for offering devices requires posting of signage notifying reduced tuition based on the income of the drivers of photo enforcement and operation student’s family. The Department is out of a marked police vehicle by a authorized to develop, by rule, levels of uniformed police officer. Photo speed reduced tuition, as well as eligibility criteria. enforcement may only be used when The measure also allows ODOT to offer highway workers are present. The
169 authorization for operating photo radar in Crossing (CRC), is a bridge, transit, highway work zones currently exists under a highway, bicycle, and pedestrian pilot program, which is scheduled to sunset improvement project proposed by the in 2014. Oregon Department of Transportation (ODOT), the Washington State Department House Bill 2265 removes the sunset of Transportation (WSDOT), and federal provision from the use of photo radar and local agencies. The project proposes to enforcement in highway work zones and replace the existing two highway spans on expands enforcement to work zones on Interstate 5 (I-5) across the Columbia River interstate highways. Finally, the measure with two new spans, new interchanges on specifies that workers must be present in the both the Oregon and Washington sides of highway work zone, or the roadway the river, and an extension of light rail configuration must be temporarily changed, transit into Vancouver, Washington. The for photo radar enforcement to be project focuses on a five-mile segment of implemented. the I-5 corridor, beginning at State Route 500 in Vancouver and extending to Effective date: January 1, 2014 Columbia Boulevard in north Portland. The project’s stated intent is to improve safety, House Bill 2708 reduce congestion, increase mobility of motorists, freight traffic, transit riders,
bicyclists and pedestrians, and to mitigate Fallen Hero roadside memorial signs seismic risks.
House Bill 2708 permits Fallen Hero The cost for replacing the existing I-5 roadside memorial signs for members of the bridges and improvements to the five Armed Forces killed in action, upon receipt interchanges outlined in the Record of of funds by the Oregon Department of Decision (ROD) is currently estimated Transportation (ODOT) to cover the cost of between $3.1 billion and $3.5 billion. installation and maintenance. Responsibility for funding of the project
would be shared evenly between the federal House Bill 2708 is modeled after House Bill government, the combined contributions of 3039 from 2011, that established the Oregon and Washington, and revenues Roadside Memorial Fund to receive and generated by tolls. It is anticipated that the appropriate monies to ODOT to erect federal New Starts program will provide the roadside memorial signs commemorating $850 million for the light rail, and additional law enforcement officers killed in the line of federal funding could provide up to $400 duty. million in grants from the Federal Highway
Administration. Tolling is expected to Effective date: January 1, 2014 provide between $900 million and $1.3
billion, and will be codified in an House Bill 2800 intergovernmental agreement that will govern toll setting, administration, debt Interstate 5 Bridge replacement project allocation, and other issues. Finally, each state would be responsible for contributing The Interstate 5 bridge replacement project, approximately $450 million to cover the cost also referred to as the Columbia River of interchange improvements.
170
House Bill 2800 authorizes the use of State state highway. The measure required ODOT Highway Fund monies to finance bonds for to select a segment of highway between 10 bridge projects, including the I-5 Bridge and 30 miles in length, to contract out the Replacement Project; the measure limits maintenance of that highway segment, and outstanding bonds for financing the project to report biennially on the project’s status to $450 million. The measure also and progress. authorizes the Oregon Transportation Commission to enter into a bi-state The Department selected a 26-mile segment agreement with the State of Washington for of OR 219 between Newberg and tolling authority of the project. There are Woodburn. ODOT entered into a contract also contract requirements outlined by the with Eagle Elsner, Inc., in May 2010 measure, such as on the use of materials through the Oregon Innovative Partnerships produced in the United States, Program. The contractor has utilized a “time nondiscrimination in contract awards, and and materials” approach for tracking its mentorship and apprenticeship requirements, costs. The Department reports that Eagle and requires ODOT to conduct a number of Elsner has met its performance expectations; studies relating to the project and to submit however, the cost for the contractor to the reports to the Legislative Assembly. maintain the highway segment appears to be higher than that for ODOT. For the first two Finally, House Bill 2800 outlines years of the contract, payments to the requirements to be met prior to the issuing contractor have totaled approximately of bonds for the I-5 Bridge Replacement $600,000, while ODOT’s four-year average Project. One of the requirements is that the for maintaining the same segment were State of Washington establishes a program approximately $250,000. for providing $450 million, its portion of the project cost, to be completed no later than House Bill 2973 repeals the requirement that September 30, 2013. However, the ODOT conduct the pilot program for private Washington Legislature adjourned its highway maintenance and directs the second special session on June 29, 2013, Department to terminate contracts relating to without enacting a funding plan, leaving the the project as soon as feasible. project as outlined in House Bill 2800 uncertain. Effective date: June 6, 2013
Effective date: March 12, 2013 House Bill 3438
House Bill 2973 Photo radar in school zones
Repealing highway maintenance pilot There are currently 10 cities in Oregon project (Albany, Beaverton, Bend, Eugene, Gladstone, Medford, Milwaukie, Oregon House Bill 2001 (2009), the Jobs and City, Portland, and Tigard) that are Transportation Act, directed the Oregon statutorily permitted to use photo radar Department of Transportation (ODOT) to devices to enforce speed limits on segments commence a six-year pilot project to of public roads. Photo radar devices are determine the feasibility and efficacy of limited to use in residential areas or school private-sector maintenance of a segment of zones or in other locations if a local
171 governing body finds that speed has a titling and registering of more than 195,000 negative impact on safety. Use of the recreational vessels. The Board establishes devices is limited to four hours per day in a statewide boating regulations, which are given location. Cities utilizing photo radar enforced by the Oregon State Police and must submit biennial reports to the county sheriffs. Legislative Assembly outlining the results of required process and outcome evaluations Under current law, charter boats are treated on their photo radar program. differently from boats utilized by guides and outfitters. Vessels, for hire, that carry seven House Bill 3438 permits the City of or more passengers are required to be Fairview to conduct a pilot project for inspected by the U.S. Coast Guard. As a utilization of photo radar in school zones, result, Board regulations for such vessels are beginning January 1, 2014, and ending less stringent. There have been occasions January 2, 2022. Under the measure’s when vessels carrying fewer than seven provisions, the city may operate photo radar passengers qualify as charter boats, units in school zones between the hours of however, and thus subject to less Board 7:00 a.m. and 5:00 p.m. on days when regulation, while also not being subject to school is in session. The measure outlines Coast Guard inspection. Senate Bill 25 signage and notification requirements for the redefines “charter boat” to clarify that the use of the devices, including a requirement less stringent Board regulations apply only that drivers be provided information about to vessels that carry seven or more their current rate of speed between 100 and passengers and are inspected by the Coast 400 yards before entering the school zone. Guard. The measure also clarifies that The measure also requires that a video vessels licensed in Washington may recording of the infraction be taken and continue to operate in Oregon waters. reviewed by the officer issuing the citation. Finally, the City of Fairview must conduct a Senate Bill 25 also grants the State Marine biennial process and outcome evaluation for Board the authority to establish guidelines the program, in conformance with ORS for charter boats operating on inland waters 810.438(3), and submit the report to the that are not under U.S. Coast Guard Legislative Assembly by March 1 of each jurisdiction; this change is intended to allow odd-numbered year. the Board to ensure the seaworthiness of inland charter vessels. The measure amends Effective date: January 1, 2014 language to provide clarification of the difference between cost sharing and Senate Bill 25 payment for services, provides the Board with a greater range of offenses, for which it
can suspend, revoke or deny a license, and Charter boat regulation increases minimum required liability
coverage for charter boat licensees to The Oregon State Marine Board (Board), $500,000. established in 1959, is the state’s recreational boating agency. Funded by user Effective date: May 16, 2013 fees, the Board provides services such as boating safety education programs, marine law enforcement, and improved boating facilities. User fees are generated through
172
Senate Bill 178 The Legislative Assembly approved $40 million for ConnectOregon IV in 2011; the
funds were used to help finance 38 projects, Oregon Department of Aviation which were leveraged for a total of $95
million in non-ConnectOregon funds. Current authority of the Oregon Department Overall, the ConnectOregon program, in its of Aviation (ODA) is to issue citations for four iterations, has received a total of 424 offenses as outlined in ORS 837 in cases eligible project applications, of which 203 where the offense is witnessed by the were funded. When combined with Director or his/her representative. Given that leveraged funds, the program has resulted in the Department manages 28 airports across a total of $834 million in direct investment Oregon, however, the occasions when to multimodal transportation improvements. Department staff may be present to witness such events can be rare. Senate Bill 178 Senate Bill 260 authorizes the fifth iteration provides the ODA with the authority to issue of ConnectOregon, to be allocated to five civil penalties up to $720 for violations of geographic regions across Oregon, with each aviation laws, rules, or orders. region guaranteed to receive at least 10
percent of the total allocated, provided that Senate Bill 178 also provides the there are qualifying projects in each region. Department with authority to impose a A separate measure, Senate Bill 5533, larger civil penalty of up to $2,500 for allocated $42 million to provide grants violations under ORS 837.080. Such through the program, with bonds to be sold offenses include operating an aircraft while in Spring 2015. A third measure, House Bill under the influence of intoxicating liquor, 5008, included a budget note directing the drugs or controlled substances, or doing so Oregon Department of Transportation to in a careless or reckless manner so as to take steps to ensure that projects funded endanger the life or property of another through the program are delivered on time person. and on budget. These steps may include
withholding up to five percent of loan funds Effective date: June 13, 2013 until the project is completed and the
recipient has submitted a final performance Senate Bill 260 measure report.
ConnectOregon V Effective date: August 14, 2013
The Legislative Assembly created the Senate Bill 487 ConnectOregon program in 2005 to provide funding in the form of grants and loans for Slow-moving vehicle emblem requirements non-highway transportation projects, including aviation, marine, passenger and ORS 815.110 outlines the types of vehicles freight rail, and public transportation that are required to display a slow-moving projects. The initial program provided $100 vehicle emblem (SMV) when operating such million in lottery-backed bonds, which vehicles on Oregon roadways. The list provided funding for 38 projects. It was includes: vehicles (or combinations of followed by an additional $100 million in vehicles) that are designed for customary 2007 (30 projects) and 2009 (40 projects). use at speeds of less than 25 miles per hour;
173 golf carts or similar vehicles when operated therefore currently pay no road usage by a person with a disability; and Class I, II charge. The Oregon Department of and IV all-terrain vehicles when being Transportation (ODOT) conducted a year- operated on a highway as part of agricultural long pilot project to study a possible or farming operations. electronically collected mileage fee; the Department conducted a follow-up pilot The slow-moving vehicle emblem is to be project in 2012-13 to test the feasibility of displayed on the rear of a vehicle to provide an open technology platform alternative to warning to other vehicles approaching from the original pilot project, where drivers have behind that the vehicle ahead may be the ability to select a third-party provider for moving below the posted speed limit. The in-vehicle technology, invoicing, and emblem is to be placed at the center of the payment. vehicle, between two and six feet above the ground and is to be in the shape of an Senate Bill 810 establishes a voluntary Road equilateral triangle with points removed; the Usage Charge (RUC) process for up to center is a 12” triangle of yellow-orange 5,000 drivers. Participants would pay a 1.5 fluorescent material, with a 1-3/4” border of cents-per-mile RUC in lieu of motor fuel dark red, highly reflective beaded material. taxes; drivers will be reimbursed for taxes paid during refueling. Vehicles may be Senate Bill 487 expands the offense of equipped to allow the collection and violation of the use of SMV emblem reporting of metered mileage. A private requirements to include any use of a SMV sector service provider will collect the RUC. emblem on vehicles that are not required to use them under ORS 815.110. Effective date: October 7, 2013
Effective date: January 1, 2014 Senate Bill 833
Senate Bill 810 Driver cards
Voluntary program for vehicle road usage Senate Bill 1080 (2008) codified the charge requirement created by Governor Kulongoski’s Executive Order 07-22 The Road User Fee Task Force (RUFTF) requiring verification of Social Security was established by the 2001 Legislative numbers (SSNs) of applicants for driver Assembly through House Bill 3946 to study licenses, driving permits, and identification revenue options and recommend a cards issued by the Driver and Motor replacement for the current road tax system, Vehicle Services Division (DMV) of the which consists of a combination of motor Oregon Department of Transportation vehicle fuel taxes and weight-mile taxes. (ODOT). Senate Bill 1080 instituted the RUFTF was created out of concern that the requirement that applicants provide proof of gas tax is a declining revenue source over U.S. citizenship or lawful presence in the the long term, while road maintenance and United States, and an SSN or proof of modernization costs continue to rise. The eligibility for an SSN, to be licensed or issue is by the introduction of high-mileage permitted to operate a motor vehicle on state hybrid electric vehicles, as well as plug-in highways. The 2008 law was enacted to electric vehicles that use no gasoline and comply with requirements of the federal
174
Real ID Act; that Act permitted states to issue other types of driving licenses and LEGISLATION NOT permits, provided that they are clearly ENACTED marked as invalid for federal identification purposes. House Bill 2453 Senate Bill 833 directs ODOT to create and issue a driver card that is subject to all Mile-based road usage charge statutes and procedures that govern driver licenses and driver permits, with the In 2001, the Oregon Legislative Assembly exception that the driver card does not created the Road User Fee Task Force require applicants to prove they are legally (RUFTF). RUFTF proposed a charge on present in the United States. The driver card vehicle miles traveled to replace the fuels is to be valid for four years. The driver card tax in the 2003 report to the Legislative must not indicate that it is a license or Assembly. With the introduction of highly permit and must include a distinguishing fuel-efficient vehicles, the Governor, Senate feature to identify it as a driver card. A President, and House Speaker reconstituted driver card would not be usable for the RUFTF in 2010 to address issues with identification purposes except to designate the gas tax, the state’s principal road that the individual is an organ donor, an revenue mechanism, due to electric vehicles emancipated minor, a veteran, or to establish and plug-in hybrid vehicles that will pay identity for civil proceedings or missing very little fuel tax or none at all. person investigations. Oregon relies on the fuels tax as the Based on estimates of undocumented principal component of the state’s road immigrants, DMV assumes a four percent finance structure. Furthermore, the state increase in ongoing demand over currently bases its weight-mile tax rate for heavy forecast driver license/permit transactions. trucks on fuels tax collections. This means This increased level continues each Oregon’s road funding is dependent upon biennium and is approximately 41,000 fuels tax collection receipts for transactions for a full biennium. approximately 70 to 75 percent of the road Additionally, a potential backlog of revenues. With fuel tax and weight mile applicants exists of approximately 84,000 receipts not expected to keep up with transactions, which is to be processed from inflation into the future, the state’s ability to January through September 2014. maintain and enhance its road system may be jeopardized. Effective date: January 1, 2014 House Bill 2453 would have required drivers of vehicles rated for 55 miles per gallon equivalent or better to pay a per-mile road usage charge instead of fuel taxes. The measure also authorized other vehicle owners to choose to pay a road usage charge. Drivers paying the road usage charge who paid fuel taxes at the pump would have been eligible for a refund of taxes paid. The measure directed the Oregon
175
Department of Transportation to establish the states eminent domain authority as methods for reporting vehicle miles traveled, necessary for project completion. which may have been based on the methodology used during a 2012 pilot House Bill 2277 project. Monies collected through the road usage charge would have been transferred to Studded tire impact study the State Highway Fund.
In 2000, the Oregon Department of House Bill 2696 Transportation (ODOT) conducted a study in an attempt to quantify costs to damaged Tollway public-private partnership highways and road systems. The research estimated that studded tires caused The Coastal Parkway Project is a proposed approximately $40 million to $50 million public-private partnership that would connect annually in statewide damage to the road Highway 18 to Interstate 5, which is an systems. The Department spends approximate distance of 12 to 14 miles. The approximately $11 million a year repairing new facility would be a tollway, with drivers damaged roads by repaving. Research shows utilizing the road required to pay an studs are more efficient than all-weather tires unspecified toll for doing so; no portions of on icy roads, but less effective on packed the existing Oregon public highway would be snow or any other conditions because the tolled. Private financing, design-build metal prongs actually reduce traction delivery model with Oregon-based between the road and tire. Tire technology contractors and designers would be used to has advanced and has been brought to the construct the project. The project is meant to market that closes the performance gap alleviate congestion between Newberg and between snow tires and studded tires, Dundee, which has increased significantly including 3-D sipping, rubber compounds during recent years. The Oregon Department that get more grip the colder it gets, and silica of Transportation (ODOT) has begun glass embedded in the rubber. development of a Newberg Dundee bypass project to alleviate this congestion; however, House Bill 2277 would have directed ODOT that project does not provide a corridor to conduct a study on the impact of studded between Highway 18 and Interstate 5. tires on the highway maintenance costs and report the findings to the 2015 Legislative House Bill 2696 would have directed ODOT Assembly. The purpose of the report would to approve tollway projects proposed by a have been to provide updated information private entity in cases where the entity quantifying the impact of studded tires on established ability to finance and pay all highway maintenance, review current snow costs for acquisition, design, construction, tire and studded tire usage data, and review and maintenance; the entity had conducted recent improvements in tire technology. all environmental studies necessary for construction; and the entity agreed to transfer ownership of the facility to the State of Oregon once all the project-incurred private debt had been paid. Approved projects would have been eligible to utilize
176
Senate Bill 294 Senate Bill 511
Cell phone use by taxicab operators Prohibits driving in left lane except to pass
In 2007, House Bill 2872 was enacted which Under current statute, certain motor vehicles prohibits drivers under the age of 18 from are required to remain in the right-most lane using mobile devices, typically cell phones, while traveling along a multilane highway. while operating a vehicle. The measure Unlike many other states, Oregon does not created the violation as a secondary offense, designate the left-most lane of multilane meaning that while a driver could be cited highways as a passing lane. In those states, a for the violation if stopped for another driver can be cited for failing to move back reason, the driver could not be stopped into the right-hand lane after passing a slower solely for suspicion of driving using a vehicle moving in the same direction. mobile device. In 2009, the law was However, ORS 811.325 specifies that broadened with the passage of House Bill campers, trailers, and vehicles with a 2377, which expanded application to all registered weight of over 10,000 pounds must drivers and declared that the offense would be driven in the right lane except to pass, to be considered a primary offense, meaning turn left, to avoid emergency conditions, to that a driver could be stopped solely for allow vehicles to merge from an onramp, or suspicion of using a mobile device while when necessary to follow traffic control driving. Additionally, House Bill 2377 devices. The offense is considered a Class B provided exemptions for specific users, e.g., traffic violation, punishable by a maximum persons utilizing a hands-free accessory fine of $360. device to operate the mobile device. Other exemptions included for public safety Senate Bill 511 would have expanded the personnel and amateur radio operators. applicability of the requirement to travel only House Bill 3186 (2011) clarified that the in the right lane of a multilane highway to all exemptions apply only to voice vehicles. communication functions of the devices. In all cases, violations are considered a Class D Senate Bill 612 traffic violation.
Vehicle titling Senate Bill 294 would have expanded taxicab operators with a seating capacity of The Driver and Motor Vehicle Services seven or fewer occupants who are operating Division (DMV) of the Oregon Department under a city, county, or other local of Transportation provides a service in government-issued license or permit, if such which a vehicle dealer may expedite the license is required for operation of the process for receiving a replacement title on a taxicab, to the list of permitted users of vehicle in cases where documentation mobile communication devices while timelines are a factor due to federal operating a motor vehicle. odometer rules. The federal rule requires
that the odometer disclosure from the owner
of record be made on the title itself. In cases
where the title is lost, a replacement title
must first be obtained to enable proper
177 disclosure. The expedited process results in 16, or who is using a skateboard, scooter, in- DMV providing a replacement title in about line skates, or roller skates as part of an five business days and costs an additional organized exhibition, competition, or $10 for processing. contest, regardless of whether the activity is taking place in an area open to the public. Senate Bill 612 would have established a separate route for acquiring an expedited Senate Bill 742 would also have added roller vehicle title from DMV. Upon request, and skates to the list of devices that a person with payment of an additional $100 fee, the under 16 years of age may only operate dealer would have received the vehicle title while wearing protective headgear. The with a shorter turnaround time, measure also expanded applicability of the approximately five business days. requirement to wear protective headgear to all riders under 18 years of age. In addition, Senate Bill 741 and the measure specifies that riders 17 and younger must wear protective headgear Senate Bill 742 while operating bicycles, skateboards, scooters, in-line skates, and roller skates Helmet requirements for bicyclists regardless of whether they are on a highway, public premises, or on private land. Oregon law requires bicycle riders under the age of 16 who are riding on a highway or on public premises (streets, roads, sidewalks, Senate Bill 756 and public parks) to wear protective Donations for off-road bike/pedestrian headgear that meet minimum standards as facilities outlined by the Oregon Department of
Transportation. An exemption from the Senate Bill 756 would have allowed vehicle requirement is provided for persons whose owners to make a donation at the time that religious beliefs would be violated by they register their vehicle, or renew their wearing the protective headgear. Violations vehicle registration, to the State Parks and are punishable by a fine of $25. Persons Recreation Department Fund, for the purpose operating a bicycle with a passenger under of improving bicycle and pedestrian facilities the age of 16 must also ensure that the in Oregon. passenger is wearing protective headgear. Similar requirements, with identical penalty Many bicyclists in Oregon also own for violation, exist for persons riding registered motor vehicles. Previous proposals skateboards, scooters or in-line skates. to have bicyclists pay a registration fee for their bicycles have been problematic due to Senate Bill 741 would have added roller the cost of implementing a collection system skates to the list of devices that a person for such a fee; a similar problem applies to under 16 years of age be required to wear efforts to institute a sales tax on bicycles. protective headgear. Senate Bill 741 also Senate Bill 756 would have created a specified that the requirement to wear voluntary check-off system by which motor protective headgear while operating a vehicle owners, when registering or bicycle, skateboard, scooter, in-line skates, reregistering their vehicle, could opt to pay or roller skates applies to all persons who an additional fee to help pay for scenic are operating a bicycle, carrying another bikeways. person on a bicycle who is under the age of
178
179
Veterans
180
House Bill 2037 waive its claim against a veteran’s estate if the estate is without income, even if there
are other significant holdings. The ODVA State licensure for military spouses covers the cost of the Program by using
funds from its loan department, but as more Many occupations require a state license or veterans age, the need for conservatorship certification based on state-specific and personal representative services is conditions and processes, which can anticipated to increase. contribute to periods of unemployment when people move from one state to Two companion measures were introduced another. Generally, military spouses are in 2013, designed to improve the financial more likely than their civilian counterparts stability of the ODVA’s Conservatorship to be relocated, as a function of their Program and make it sustainable: House Bill partner’s military service. The delays and 2044 removes the five percent limit on fees added expense of repeated licensure from and allows the ODVA to adopt rules to state to state can inhibit a military spouse’s establish reasonable compensation for the ability to work in his or her chosen field. Program; and House Bill 2046 permits the
ODVA to retract its waiver and file a claim House Bill 2037 requires health professional to recuperate costs from a veteran’s estate, regulatory boards and Oregon’s Teacher provided the payment of costs will not Standards and Practices Commission, to deplete the estate or pose a hardship. issue licenses to practice or teach, to the spouses or domestic partners of active Effective date: June 4, 2013, and January 1, servicemembers who are subject to military 2014, respectively transfer to Oregon, if certain conditions are met. House Bill 2083 Effective date: June 11, 2013 Service contracts cancellation House Bill 2044 and When servicemembers are called to duty House Bill 2046 away from their Home of Record, they may not be able to utilize services they have Conservatorship Program for veterans contracted for, such as internet, telecommunications, and health club The Oregon Department of Veterans’ memberships. In 2009, the Legislature Affairs (ODVA) operates a Conservatorship passed House Bill 3020 incorporating the Program (Program) for veterans deemed consumer protection provisions of the incompetent by either the U.S. Department federal Servicemembers Civil Relief Act of Veterans Affairs or the courts; however, (SCRA) into Oregon’s Unlawful Trade the Program is not self-sufficient. Under Practices Act (Oregon’s general body of current law, the ODVA may charge a fee of consumer protection law). The SCRA no more than five percent of the income contains a provision for the termination of under its management – significantly less telephone service contracts but not for other than private conservators. In addition, the contracts. ODVA does not charge destitute veterans in need of conservatorship services, and it may
181
House Bill 2083 provides a process to allow are wounded in combat. In order to provide servicemembers to suspend or terminate veterans with in-state tuition and expand the internet, telecommunications, television, and tuition waiver program, the measure health club services when they are ordered modifies the accounting for the Veterans’ to report for military duty. Dependent Tuition Waiver program as a whole, permitting other benefits, such as Effective date: January 1, 2014 federal grants and scholarships, to be applied toward tuition before state funds are House Bill 2158 expended.
In-state college tuition for veterans, and Effective date: June 24, 2013 more tuition waivers for veterans’ dependents House Bill 2417
Current law provides an in-state tuition rate Veterans housing assistance for Oregon residents; an out-of-state tuition rate for nonresidents; and a rate that is One out of every six men and women in halfway between the two for qualified homeless shelters across the country is a nonresident veterans. The GI Bill only veteran. Compared to individuals in the covers the cost of in-state tuition. Beginning same age range, among the general with newly enrolled students for fall of population, veterans aged 18-30 are twice as 2013, House Bill 2158 requires all likely to be homeless. The United States undergraduate veterans with either an Interagency Council on Homelessness honorable discharge or a general discharge estimates there are about half a million under honorable conditions to receive in- veterans paying more than half their income state tuition rates, if the veteran towards rent. In Oregon, many working demonstrates a physical presence in Oregon veterans do not earn enough to afford a within 12 months of enrollment. median-priced home. Unstable housing often correlates with other obstacles, such as The measure also adds the children of unemployment, poverty, substance abuse, Purple Heart recipients, awarded from 2001 and/or mental or physical health issues. forward, to the list of dependents eligible to Stable housing can dramatically improve a receive tuition waivers under the Veterans’ veteran’s ability to overcome obstacles and Dependent Tuition Waiver program. succeed with reintegration into civilian life. Oregon’s tuition waiver program for the dependents of deceased and disabled House Bill 2417 increases an existing veterans requires community colleges and property recording and filing fee collected universities to waive tuition for the by county clerks, from $15 to $20 dollars, dependents of veterans killed on active duty, and requires a fixed percentage of funds be or as a result of a service-connected spent by Oregon’s Housing and Community disability. Universities must further waive Services Department specifically to assist tuition for the dependents of veterans who homeless veterans, veterans at risk of are 100 percent disabled as a result of becoming homeless, and low-income military service. House Bill 2158 enlarges veterans and their families. the group of eligible dependents by adding the children of recipients of the Purple Effective date: January 1, 2014 Heart, which is awarded only to those who
182
House Bill 2422 House Bill 2708 is modeled after House Bill 3039 from 2011, that established the
Roadside Memorial Fund to receive and Department of Human Services outreach to appropriate monies to ODOT to erect veterans roadside memorial signs commemorating
law enforcement officers killed in the line of In 2012, the Legislative Assembly enacted duty. House Bill 4064, which directs the Bureau of Labor and Industries (BOLI) to inquire Effective date: January 1, 2014 about the veteran status of every individual seeking services, and to share that information with the Oregon Department of Senate Bill 1 Veterans’ Affairs (ODVA). The implementation of House Bill 4064 led to Veterans Day off for veterans approximately 70 veterans being identified and connected with the ODVA thus far. Veterans Day is set aside to honor all House Bill 2422 is modeled after House Bill servicemembers. Publicly employed 4064, but applies to the Department of veterans may enjoy the day off, while many Human Services (DHS). House Bill 2422 privately employed veterans may not. Senate requires that when a veteran contacts DHS Bill 1 enables all employed veterans, if in writing about certain assistance programs, possible without undue difficulty for DHS must communicate the veteran’s name employers, to enjoy the day off, on the one and address to the ODVA, with the veteran’s holiday that is dedicated to them. permission. Effective date: April 4, 2013 About 330,000 veterans currently reside in Oregon. The ODVA estimates about Senate Bills 34 and 35 230,000 do not receive benefits, and of those, around 100,000 would qualify if they Home loans for veterans could be identified and contacted. The potential for outreach with assistance from The Oregon Department of Veterans’ DHS has an impact, as DHS interacts with Affairs (ODVA) provides financing for approximately 800,000 adults every year. veterans purchasing a home in Oregon. The
loan program is a “win-win” for both Effective date: January 1, 2014 veterans and the ODVA: the loan products
are competitive and in demand, and the House Bill 2708 success of the program funds not only ODVA’s core mission, but other services for Fallen Hero roadside memorial signs veterans that might not otherwise be viable, such as the Conservatorship Program (see House Bill 2708 permits Fallen Hero House Bills 2044 and 2046). roadside memorial signs for members of the Armed Forces killed in action, upon receipt Senate Bill 34 increases the number of loans of funds by the Oregon Department of a qualified veteran may receive from the Transportation (ODOT) to cover the cost of ODVA, from two to four, to permit installation and maintenance. otherwise eligible persons to borrow up to
183 the current maximum benefit amount of SCRA requires the Military Department to $417,000 each time. notify servicemembers of these rights and protections. In coordination with Senate Bill 34, Senate Bill 35 makes it possible for ODVA loans to Oregon law requires state agencies to notify be covered by the federal Home Loan parties of certain rights and procedures in Guarantee Program offered by the U.S. advance of hearings in contested cases, and Department of Veterans Affairs, by tying of their right to a hearing generally. Many loan amounts to the loan-to-value ratio state agencies also voluntarily include required by the federal program. information about the SCRA with these notices, in case one of the parties is a Effective date: May 23, 2013 servicemember. Senate Bill 125 makes this a requirement: any state agency not already Senate Bill 124 providing information to parties about the SCRA must add a statement describing an
active servicemember’s right to stay Criminal sentences for veterans proceedings and provide contact information
for military legal assistance providers. In criminal cases, within certain limits, convicted defendants and prosecutors may Effective date: September 1, 2013 argue for a range of sentencing conditions, and a court may consider evidence it deems appropriate to justify either a more lenient or Senate Bill 461 a harsher sentence. Designating a memorial highway for Senate Bill 124 specifies that one of the Vietnam veterans factors a court may consider is a defendant’s veteran status, but only for purposes of Senate Bill 461 designates Interstate 84, mitigation. from Oregon’s border with Idaho west to the point where it meets Interstate 5, as the Effective date: June 6, 2013 Vietnam Veterans Memorial Highway.
A majority of states honor their Vietnam Senate Bill 125 veterans with the dedication of a memorial highway. More than 57,000 Oregonians Postpone administrative hearings for served in the Vietnam War and more than servicemembers twice that number now live in Oregon. The Oregon State Council of Vietnam Veterans The Servicemembers Civil Relief Act of America offered to fund the installation (SCRA) is a body of federal law that offers a and maintenance of appropriate signage at number of protections for servicemembers no cost to the taxpayer, and Senate Bill 461 while they are on active duty, including the was enacted to accomplish this goal. postponement or suspension of certain civil processes. While on active duty, a Effective date: January 1, 2014 servicemember may be protected from debt collection and may delay pending administrative and court proceedings. The
184
Senate Bill 762 compared to 27.4 for every 100,000, among males who were not veterans.
Veteran suicide prevention Senate Bill 762 adds a suicide prevention
program to the outreach and other services According to a report published in administered by the Oregon Department of September 2010 by the Oregon Department Veterans’ Affairs (ODVA) that are funded of Human Services, Office of Disease by voluntary contributions. ODVA will Prevention and Epidemiology, Injury and utilize its existing partnerships and Veterans Violence Prevention Program, there are Service Officers, social media, training more injury-related deaths in Oregon due to opportunities, newsletters, and email suicide than to auto accidents. The age- distribution lists, to make veterans and their adjusted suicide rate among Oregonians in advocates aware of existing suicide 2007 was 35 percent higher than the national prevention services available through the average, and suicide rates have been U.S. Department of Veterans’ Affairs, the increasing since 2000. At the time the report National Guard, and Lines for Life (a was published, approximately 27 percent of nonprofit organization). suicides occurred among veterans. The suicide rate among male veterans in Effective date: August 14, 2013 particular, was 45.7 for every 100,000,
185
Water
186
House Bill 2259 Senate Bill 199
Fees charged by Water Resources In-stream leasing program Department Oregon’s in-stream leasing program The Oregon Water Resources Department provides a voluntary means to aid the (WRD) conducts a variety of transactions, restoration and protection of stream flows. including processing water right applications This arrangement provides benefits both to and transfers and issuing water right water right holders and to in-stream values certificates and limited licenses. The fees by providing water users with options that charged by WRD are established in statute protect their water rights while leasing water and were last modified in 2009; those for in-stream benefits. The split season increases were scheduled to sunset in 2013. water right leasing program was established by the Legislature in 2001; in 2007, the House Bill 2259 modifies the fees assessed Legislature extended the program sunset to by WRD. These fees revert to 2009 levels January 2, 2014. The split season leasing beginning July 1, 2017. program allows a water right to be used for both in-stream and out-of-stream uses Effective date: July 25, 2013 provided the uses do not occur at the same time and do not result in injury to other House Joint Memorial 7 water rights.
Drinking Water and Clean Water State Senate Bill 199 establishes a five-year term Revolving Funds on all in-stream leases with unlimited renewals and caps the total period for which The Drinking Water State Revolving Fund a water right may be leased for split season and the Clean Water State Revolving Fund use to a total of 10 years. The measure are both used by communities to upgrade requires the holder of the water rights water and wastewater systems. Many of involved in a split season lease to measure these systems are becoming increasingly and report use to the Water Resources ineffective due to age. By increasing Department (Department). The Department investment in these funds, Congress can is authorized to revoke or modify an order provide a means to many communities to approving an in-stream lease if the afford repairs to existing systems or Department determines the in-stream use replacement of those systems. has or may result in injury to an existing water right. Senate Bill 199 also extends the House Joint Memorial 7 urges Congress to sunset on the split season leasing program to increase investment in the Drinking Water January 2, 2024. State Revolving Fund and the Clean Water State Revolving Fund. Effective date: January 1, 2014
Filed with Secretary of State: May 22, 2013
187
Senate Bill 200 purpose of these projects. Before long, developers and governments were building
major dams and reservoirs to meet the Water right assignment increasing water demands for power
production, flood protection, and out-of- Generally, a water right is attached to a stream needs during the dry summer parcel of land; this is known as months. In Oregon today, there are more “appurtenancy.” When land is sold, the than 15,000 water rights authorizing the appurtenant water right goes with the land to storage of surface water. Most of these water the new owner. As properties are divided rights are for small ponds or reservoirs and sold, the water rights are also affected. storing less than 9.2 acre-feet, although there This can lead to a circumstance where some are more than 60 reservoirs with capacities permit holders are ready to certificate their exceeding 5,000 acre-feet each. portion of a water right, and others with a portion of the water right are not ready or Senate Bill 839 establishes the Water Supply willing. Development Account (Account) which is
continuously appropriated to the Water Senate Bill 200 establishes a process for a Resources Department (WRD) to make holder of a water right for agricultural use to loans and grants to evaluate, plan, and certificate their portion of an original water develop in-stream and out-of-stream water right permit as they become eligible. The development projects and to cover necessary new permit would carry forward all administrative and technical costs. The Act conditions from the original permit and establishes a process for scoring and ranking would not release any permit holders from projects. Senate Bill 839 requires that all obligations under the original permit. projects applying for funding from the
Account be evaluated based on the public Effective date: January 1, 2014 benefit, which includes the economic, environmental, and social or cultural Senate Bill 839 benefits. Senate Bill 839 directs the WRD to establish seasonally varying flows before
issuing a loan or grant. The Act establishes a Water Supply Development Account task force to review the structure established
for loans and grants distributed through the Most of the surface water resources in Account and to propose changes to the Oregon are fully allocated during the structure the group determines to be summer months. Increasingly, water users warranted. The Act creates an additional are relying on tools such as water task force to act as an advisory body on the conservation, re-use, transferring existing functional needs of watersheds for water rights, and water storage to meet their seasonally varying flows and the financial needs during the summer months. Many feasibility of new water storage projects. water users store available winter water Both task forces are required to report to the (surface water) to supply late season or year- Governor and the Legislative Assembly no round uses. The history of storing water in later than July 1, 2014. Oregon dates back to the 1800s when projects consisted mostly of ponds or small Effective date: August 14, 2013 dams across streambeds. As the state’s population grew, so did the scale and
188
stabilize revenue to the Water Resources LEGISLATION NOT Department (WRD). The Commission ENACTED recommended an annual fee charged to all those holding water rights (permits, certificates, decrees, or groundwater House Bill 3491 registrations) as a means of stabilizing revenue to WRD. Columbia River Treaty oversight Senate Bill 217 would have imposed an The Columbia River Treaty is an agreement annual management fee of $100 on each between the United States and Canada for primary and each supplemental water right the cooperative development of water held for waters of state under a water right resources regulation in the upper Columbia permit, water right certificate, decree, or River Basin. The treaty has no end date, but ground water registration. The money it includes an option for either country to collected would have been dedicated for use terminate most treaty provisions any time in carrying out Water Resources Department after September 16, 2024, if at least 10 years activities involving water rights advance notice is given. management.
House Bill 3491 would have required the Governor to report to the Legislative Senate Bill 523 Assembly regarding the participation or input of the Governor or any state agency in Mixing zone marker system the multi-year review process called the Columbia River Treaty 2014/2024 Review. A mixing zone is an area where wastewater A budget note was adopted directing the discharged from a permitted facility enters Water Resources Department to report and mixes with a stream or water body. quarterly to the House and Senate Water quality standards may be exceeded in environment and natural resources mixing zones as long as acutely toxic committees regarding the status of the conditions are prevented and all beneficial review. uses, such as drinking water, fish habitat, recreation, and other uses are protected. The Department of Environmental Quality Senate Bill 217 calculates mixing zones to be as small as feasible. The size of the zone varies based Annual water rights management fee on the concentration of the wastewater discharge, water quality standards, location Water rights are used beneficially for of the discharge in relation to critical habitat industrial, agricultural, municipal, domestic, or drinking water intakes, and size or flow and in-stream purposes. Currently, there are of the water body. Not all permitted more than 80,000 water rights in Oregon. facilities have mixing zones. Most mixing Once the transaction to obtain a water right zones in Oregon vary in size from 5 to 300 permit, certificate, or transfer is complete, feet from the point of discharge. the water right holder pays no further fees. In 2010, the Water Resources Commission Senate Bill 523 would have required any (Commission) convened a group of water quality permit holder who discharges stakeholders to discuss the best way to persistent bioaccumulative toxins into
189
Oregon waters at concentrations that cause establish the Umatilla Basin Water Storage waters to fail to meet water quality standards Program for developing water resources in to pay for the installation and maintenance Willow Creek, Walla Walla, and Umatilla of a marker system. watersheds to increase water supplies in northeastern Oregon and to provide liaison Senate Bill 846 services between parties wishing to engage in water-related transactions that may affect
water supplies. The Act would have required Umatilla Basin Water Storage Program WRD to dedicate at least one full-time
employee to program administration during Farmers in the Umatilla Basin have been the 2013-2015 biennium. Senate Bill 846 seeking additional irrigation water for more would have required the Water Resources than 20 years. Irrigation water use has Commission to appoint a work group to dropped basin aquifers by up to 500 feet in a study and make recommendations regarding matter of decades. A carbon-dating study a new office to address water supply issues showed wells had reached water that had in northeastern Oregon. been underground for 27,250 years.
Senate Bill 846 would have required the Water Resources Department (WRD) to
190