2013 Summary of Legislation
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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