Oregon Legislative Assembly Summary of Major Legislation 71st Oregon Legislative Assembly A publication of Legislative Administration Committee Services 2001 Summary of Major Legislation Summary of Major Legislation The 2001 Summary of Major Legislation is a compilation of selected bills, memorials, and resolutions considered by the Seventy-first Oregon Legislative Assembly. Summaries contain background information, effects of enacted measures, and effective dates. Summaries of vetoed bills and text of the Governor’s veto messages are included. For ease of use, a subject index and a chapter number conversion table for the 2001 Oregon Laws may be found at the end of this publication. CONTACT INFORMATION Committee Services Office Although material in this document was reviewed for accuracy 900 Court St. NE, Rm. 453 State Capitol prior to publication, specific legal matters should be researched Salem, Oregon 97301 from original sources. The Legislative Administration 503-986-1813 Committee makes neither expressed nor implied warranties http://www.leg.state.or.us/comm/commsrvs/home.htm regarding these materials. Complete measure history and final vote tallies may be Legislative Publications and Distribution obtained by consulting the Final Legislative Status 900 Court St. NE, Rm. 49 State Capitol Report, Regular Session 2001. Copies of bills, resolutions, Salem, Oregon 97301 memorials, amendments, and the Status Report are available 503-986-1180 from Legislative Publications and Distribution. Information about the legislature is also available on the website OTHER RESOURCES http://www.leg.state.or.us. These reports are available from the Legislative Fiscal and Revenue Offices and on the Internet. This document was compiled and published by the Committee Services Office of the Oregon Legislature. • Budget Highlights: 2001-2003 Legislatively Adopted Special thanks go to: Budget - Summarizes major budget actions - Please Marjorie Taylor, Chief Editor contact the Legislative Fiscal Office for this document. Patrick Brennan, Assistant Chief Editor Legislative Fiscal Office 900 Court St. NE, H-178 State Capitol Additional thanks go to other Committee Services staff who Salem, Oregon 97301 participated in writing and editing the 2001 Summary of Major 503-986-1828 Legislation: http://www.leg.state.or.us/comm/lfo/home.htm Janet Adkins Ray Kelly Keith Putman Craig Allen John Leon Andrea Shartel • Revenue Measures Passed by the 2001 Legislative Rick Berkobien Diane Lewis Jim Stembridge Assembly - Summarizes legislation related to revenue - Judith Callens Jan McComb Sandy Thiele-Cirka Please contact the Legislative Revenue Office for this Dan Clem Marilyn Odell Bill Taylor document. Cara Filsinger Megan Palau Matt Wingard Legislative Revenue Office Mark Jolley Craig Prins 900 Court St. NE, H-197 State Capitol Salem, Oregon 97301 503-986-1266 http://www.leg.state.or.us/comm/lro/home.htm A Publication of Legislative Administration Committee Services 2001 Summary of Major Legislation Table of Contents Economic Issues Business, Consumer Affairs and Economic Development.................................... 1 Transportation ......................................................................................................... 15 Governmental Issues Elections .................................................................................................................. 23 General Government.............................................................................................. 31 Human Service Issues Education................................................................................................................. 45 Health and Human Services ................................................................................. 59 Natural Resource Issues Agriculture, Forestry and Environment................................................................ 71 Land Use.................................................................................................................. 79 Water, Fish and Wildlife ......................................................................................... 83 Judiciary Issues Civil Law ................................................................................................................. 93 Criminal Law......................................................................................................... 101 Legislative Referrals ............................................................................................. 113 Measures Vetoed by the Governor .............................................................. 117 Indices Oregon Laws 2001 Chapter Number Index ...................................................... 131 Subject Matter Index ............................................................................................ 135 Measure Index ...................................................................................................... 149 2001 Summary of Major Legislation Economic Issues Business, Consumer Affairs And Economic Development 2001 Summary of Major Legislation 2001 Summary of Major Legislation 1 and void the need to deposit stock into the Education Senate Bill 101 Endowment Fund. Relating to Higher Education Technology Transfer Effective date: July 27, 2001 Fund SB 101 establishes the Higher Education Technology Senate Bill 194 Transfer Fund and creates the Higher Education Tech- nology Transfer Fund Board to manage the fund and Relating to landlord-tenant law promote higher education institution technology trans- SB 194 modifies various provisions of Oregon’s land- fers which transfer new knowledge and technology for lord-tenant law. The measure provides that a notice of the benefit of the public and generate royalty income for rental termination for a tenant’s second offense may be distribution to investors, departments and institutions. as short as ten days. The measure excludes homeowners Moneys from the fund are to be disbursed to campuses and buyers from landlord-tenant laws when occupancy within the Oregon University System, community col- is related to transitions associated with a home sale. The leges, and private institutions to support technology measure also revises the forms and procedures for forc- transfer efforts. ible entry and detainer (eviction) processes in residences Effective date: August 8, 2001 and creates new provisions for non-residential premises. SB 194 adds provisions relating to rental spaces for Senate Bill 102 manufactured dwellings and floating homes, including Relating to Higher Education Technology Transfer guidelines for fixed term tenancies, landlord waiver of Account the right to terminate a tenancy, and a prohibition on charges for pet fees or deposits on existing tenants. In order to promote technology transfer efforts by the Oregon University System, (OUS), SB 102 establishes SB 194 was the product of collaboration between land- the Higher Education Technology Transfer Account and lords and tenants in their continuing effort to make the the Higher Education Technology Transfer Account laws and processes clear, fair, and equitable to both Board. The measure allows OUS to hold stock received parties. Two separate coalitions met over twenty times in exchange for a company’s right to use an OUS-devel- each to produce the Senate and House amendments to oped technology, similar to typical financing arrange- this measure. ments for start-up companies that commercialize new Effective date: January 1, 2002 technologies. The OUS schools are currently prohib- ited constitutionally from owning stock, and have there- fore been unable to participate in such arrangements, Senate Bill 304 thereby restricting the ability of OUS campuses to capi- Relating to semi-independent status of Appraiser Cer- talize on the technologies they develop. The restriction tification and Licensure Board has effectively limited OUS schools to working only with SB 304 converts the Appraiser Certification and Licen- larger, established companies, leaving Oregon start-up sure Board to semi-independent state agency status. The companies without access to new locally developed tech- measure reduces the number of board members from nologies. ten to seven. Composition of the board is modified by The Oregon Constitution authorizes the Education En- reducing the number of certified appraisers from five to dowment Fund to hold stock. Under provisions of SB four, deleting the member who is a licensed appraiser, 102, the Higher Education Technology Transfer Account reducing the number of individuals employed by a fi- Fund will be located within the Education Endowment nancial institution or a mortgage banker from two to Fund, which will allow OUS institutions the ability to one, and reducing the number of public members from deposit into the Account any stock received from a start- two to one. Board members will continue to be appointed up company in exchange for the company’s right to use by the Governor, subject to Senate confirmation. an OUS developed technology. Semi-independent agency boards adopt biennial budgets The legislature also referred SJR 17 to the voters for that do not require review or approval by the legisla- consideration at the May 2002 Primary Election. If ture. Proposed fee increases require a public hearing enacted, SJR 17 would allow OUS to own stock directly prior to board action. The boards must adopt personnel 2 2001 Summary of Major Legislation policies, contracting, and purchasing procedures and enter into an agreement designating