Public Safety Bills, Scam Alert, DV Awareness & More

 

Senator Floyd Prozanski
South Lane and North Douglas Counties
District 4

900 Court St. NE, S-417, Salem Oregon 97301
Capitol phone: 503-986-1704
Email: sen.floydprozanski@state.or.us
Website: http://www.oregonlegislature.gov/prozanski
e-Bulletin                     October 2015

If you're having trouble viewing this message, please visit my legislative web page at http://www.oregonlegislature.gov/prozanski, click on "News" in the lower left-hand column and scroll down.

Dear friends,

    I don't need to tell you that this has been a difficult month for our state and Senate District 4 in particular. Now that media attention has waned, it's important that we maintain our commitment to Umpqua Community College (UCC) and the community of Roseburg as they continue to heal from the senseless tragedy that occurred on October 1. Below is information on how to contribute to that cause.

    With summer in the rear-view mirror, many of us are planning for fall and winter. For me, that includes two more sets of "legislative days," in November and January, before the 2016 short session in February. I look forward to returning to the Capitol in 2016 to continue to fight for Oregon families, create a climate where local businesses thrive, and prioritize funding for our public schools.

    September's legislative days were busy and productive. The Senate Judiciary Committee, which I chair, and the House Judiciary Committee met jointly for updates on funding needs for a comprehensive school safety hotline and untested sexual assault forensic evidence (SAFE) kits, among other topics. The Joint Committee on Marijuana Legalization, which I co-vice chair, met for a rulemaking update. Finally, the Senate Committee on Environment & Natural Resources, of which I'm a member, met to discuss the federal Clean Power Plan rule. Audio recordings of these and other committee meetings held during September's legislative days can be found using the Oregon Legislative Information System: https://olis.leg.state.or.us/liz/2015I1.

    Below you will find information on:
 
        - UCC: How to Help
        - 2015 Session Accomplishments: Public Safety & Justice
        - October is Domestic Violence Awareness Month
       
- New Laws Effective in October
        -
Scam Alert: Experian Breach Exposes T-Mobile Customers
        -
Accepting Grant Applications to Improve Earthquake Safety in Schools
        - New Loan Program for Oregon Small Businesses
        -
Halloween Traffic Safety Tips from the State Police
        -
Grower Brings Biggest Pumpkin Award Home to Pleasant Hill, Again!

    I hope this information is helpful and informative for you or someone you know. As always, feel free to share your comments, questions or concerns with me by phone, mail or e-mail.

                          
#IamUCC                             Sen. Prozanski signature

UCC: How to Help

    For those who want to contribute to the recovery and healing process of the UCC community, these are two organizations out of many that have stepped up.

    The UCC Foundation

    The Greater Douglas United Way (in partnership with Umpqua Bank)

    If ever unsure when contributing, be sure the check the Oregon Department of Justice's consumer protection page to avoid giving money to scam charities.

    Donating blood saves lives, not only in times of tragedy but on a daily basis. Find information on where to give by visiting the Southwest Oregon Red Cross or the Lane Blood Center.


2015 Session Accomplishments: Public Safety & Justice

    Continuing with this e-bulletin, I'm providing in-depth summaries of bills passed during the 2015 session by subject area. As chair of the Senate Judiciary Committee, much of my time is spent focusing on public safety and justice. A comprehensive listing of accomplishments from the 2015 session related to those issues — by Senate/House Bill and in numerical order — follows. (Additional accomplishments from the 2015 session related to public safety can be found in the domestic violence listing in the section that follows.)

Senate Bills

    SB 3 - Increased Penalty for Violating Domestic Violence Restraining Order: Oregon endures a domestic violence death nearly once per month. SB 3 better protects victims of domestic abuse by strengthening the enforcement of restraining orders. This bill increases the penalty for violating a Family Abuse Prevention Act restraining order, if there is clear risk of physical injury, to a Class C felony. It also gives judges the ability to make violations punishable by up to five years imprisonment, a $125,000 fine, or both.

    SB 525 - Preventing Gun Violence in Domestic Violence Situations: This bill will protect families by bringing Oregon laws into alignment with federal laws prohibiting gun possession for perpetrators of domestic violence. SB 525 prohibits the possession of a firearm or ammunition by most people who are subject to a restraining order or who have been convicted of certain misdemeanor crimes involving domestic violence.

   SB 759 & HB 3476 - Helping Victims of Campus Sexual Assault: In response to pressing concerns about how sexual assaults cases are handled on college campuses, the Legislature passed these bills to require higher education institutions in Oregon to adopt and make public a written protocol for responding to a sexual assault involving a student, faculty, or staff member. The protocol must include information on victims' rights, and resources on- and off-campus. HB 3476 ensures that victims of sexual assault, domestic violence, or stalking can seek support services without compromising their privacy. Under the bill, information shared with a certified advocate will be privileged communication, kept confidential unless a victim
consents to disclosure. Together, both bills will help ensure that victims are informed, supported, and respected, especially on college campuses.

    SB 941 - Background Checks on all Gun Sales: I was proud to lead passage of The Oregon Firearms Safety Act to close the remaining loophole in Oregon's successful 25-year-old background checks law for gun sales. SB 941 prevents felons and individuals suffering acute mental illness crises from having easy access to guns. It also prevents internet gun sales without background checks.

    SB 5506 - Justice Reinvestment Initiative: This bill provides $25 million for justice reinvestment grants that fund local programs, such as drug and property offender diversion programs that provide an alternative to jail time. These programs have been shown to reduce crime and rehabilitate lower-level offenders more effectively than incarceration.

House Bills

    HB 2205 - Fighting Commercial Sexual Exploitation of Children: In the past few years, Oregon has built better public awareness of commercial sexual exploitation of children (CSEC), given prosecutors better tools to hold offenders accountable, and invested in services and resources to support those who have been victimized. HB 2205 establishes a fund to end CSEC and creates a related advisory committee in the Oregon Department of Justice's Crime Victims Services Division, creating a means to receive and distribute funding to support and coordinate the many multidisciplinary efforts in Oregon to end CSEC.

    HB 2225 & HB 2226 - Holding Criminal Elder Abusers Accountable: These bills ensure that people who take advantage of or steal from elders are held accountable. HB 2225 provides greater flexibility for investigation of financial crimes against seniors by broadening the jurisdiction of a search warrant issued for this purpose. HB 2226 ensures that a person who steals from a senior citizen does not avoid paying restitution simply because the person they stole from has died.

    HB 2270 - Planning for Oregon's Resiliency for Natural Disasters: This bill creates the office of the State Resilience Officer seated in the Governor's office to direct and deliver on the state's seismic safety and resilience goals. The new office will help improve the state-level and community-specific capacity to respond to earthquakes and other natural hazards and threats.

    HB 2317 - Doubling the Statute of Limitations on Rape: Oregon's six-year statute of limitations for rape and other sex crimes was one of the shortest in the country. HB 2317 (2015) doubled the statute of limitations for first-degree sex crimes, including rape, to 12 years. Under current state law, there is no statute of limitations when DNA evidence is present.

    HB 2339 - Protecting Crime Victims' Rights: In Oregon, crime victims have a right to be present during a trial — a right which is less meaningful when a victim cannot understand the proceedings because of barriers related to language or disability. HB 2339 requires courts to appoint an interpreter, and/or provide an appropriate assistive communication device at no cost, when a crime victim needs one.

    HB 2356 - Increased Penalties for Invading Privacy: This bill creates increased penalties for a second conviction of invasion of privacy or for making a recording or photo of another person in a state of nudity for sexual gratification. Such activity is currently a misdemeanor and is upgraded to a felony with passage of this bill.

    HB 2601 - Reporting Kidnapped Children: This bill requires a police officer with probable cause to believe a child has been kidnapped or taken by a non-custodial parent to notify the Oregon State Police within 24 hours. This change will keep the State Police database as up to date as possible, making it more likely that taken children will be found safely and quickly.

    HB 2694 - Protecting Social Workers who Report Animal Abuse: A social worker's job often places them in close proximity to a client, their family, and sometimes, their pets. HB 2694 allows a Department of Human Services social worker to report suspected animal abuse and neglect, without fear of liability or retaliation, when they witness something of concern in the regular course of their work. Without this allowance, social workers could be held criminally or civilly liable for making such a report, even if acting in their professional capacity.

    HB 2888 - Stopping Animal Abuse Quickly: This bill adds animal abuse or neglect to an existing legal process by which neighbors can seek a court order to stop a nuisance (such as prostitution, gambling, or drug activity) at a nearby property. By adding animal abuse to the law, animal abuses can be more quickly identified and stopped.

    HB 3143 - Stopping Human Trafficking: Oregon has taken major steps to eliminate human trafficking through investment in enforcement, intervention, and accountability for offenders, and support services for victims. Reaching victims safely to offer support and information can be challenging and, in 2010, the Legislature passed a measure to allow nonprofit organizations to provide informational materials to the Oregon Liquor Control Commission, which they could then provide licensees. HB 3143 expands this effort, helping ensure that victims get greater information and support.


October is Domestic Violence Awareness Month

    Nearly one in four women and one in seven men aged 18 and older in the U.S. have been the victim of severe physical violence by an intimate partner in their lifetime. Survivors often suffer tremendous physical, emotional, and financial hardships, harms which can last a lifetime.

    During the month of October, communities in Oregon and across the nation join together to raise awareness of domestic violence. We engage in activities to recognize the prevalence of domestic violence, prevent abuse, and promote healthy, safe relationships. For information about Domestic Violence Awareness Month 2015, and ways to get involved, please visit the Oregon Coalition Against Domestic and Sexual Violence and the National Network to End Domestic Violence.

    The 2015 Legislature made major investments in critical resources for survivors and their families. Those include:

    Increased Housing Resources in the Oregon Housing and Community Services Budget

  • Permanent $2 million in Emergency Housing Assistance and State Homeless Assistance Program funds
  • $40 million in bonds for the creation of new permanent affordable housing
  • $20 million in bonds for new affordable housing for people with mental illness
  • $2.5 million increase to the capacity for preservation of currently affordable housing that might otherwise return to the private market

    Justice Reinvestment Funding in the Criminal Justice Commission Budget:

  • Allocated $40 million statewide for Justice Reinvestment. Beginning in 2015, 10 percent of this funding is allocated to community-based nonprofit victim services program

    Funding for Services to Survivors

  • Maintained stable funding in the Oregon Domestic and Sexual Violence Services Fund in the Department of Justice budget
  • Maintained Criminal Fine Account for domestic violence and sexual assault funding in the Department of Human Services budget
  • Maintained funding for statewide District/City Attorney Based Victim Assistance Program and Child Abuse Multidisciplinary Intervention program


    The 2015 Legislatures sought to support victims and help prevent domestic violence in our communities. That said, more progress needs to be made. Here are a few of the legislative highlights that I was proud to support, in addition to those listed above, in order of Senate/House Bill number:

Senate Bills

    SB 188, SB 377, HB 2356, HB 2596 - More Accountability for Invasion of Privacy: Increasingly, survivors of domestic violence report that abusive partners may use "revenge porn" (posting of intimate material such as photos, video, etc., without the consent of the person portrayed) and other invasions of personal privacy as a tactic to terrorize, embarrass, and harass victims, often as part of a larger pattern of abuse. SB 188 creates the crime of unlawful dissemination of an intimate image, punishable as a Class A misdemeanor, or Class C felony for second or subsequent convictions. SB 377 updates Oregon's computer crime law to prohibit theft of an intimate image from a computer or other digital device. HB 2356 creates increased penalties for a second conviction of invasion of privacy or for making a recording or photo of another person in a state of nudity for sexual gratification. This activity is currently a misdemeanor and is upgraded to a felony with passage of this bill. HB 2596 will make so-called "up-skirting" and "down-blousing" a crime. Prior law did not clarify that taking and circulating surreptitiously recorded images of people's intimate areas is unlawful in all cases.

    SB 199 - Timely Victim Notification: This bill requires the State Board of Parole and Post-Prison Supervision to notify the victim, if requested, prior to a hearing or administrative decision to reset or advance the release date of a prisoner for specified reasons.

    SB 390 - Landlord-Tenant Protections for Survivors: Current landlord-tenant law contains several provisions specific to survivors, prohibiting discrimination, and allowing for lock changes or early lease terminations for safety reasons. SB 390 adds to those protections by specifying that a tenant who is a victim may not be held responsible for damage that results from the conduct of a perpetrator relating to domestic violence, sexual assault or stalking committed against the tenant.

    SB 492 - Work Leave for Victims of Domestic Violence: This bill allows employees to use sick leave or personal business leave to seek services, assistance or treatment if they are a victim of domestic violence harassment, sexual assault or stalking. Prior to passage, employees could be limited to using only vacation leave for such purposes. SB 492 applies to workplaces with six or more employees.

    SB 790 - Domestic Violence Education in Schools: Oregon law currently requires school districts to have a policy in place that defines and prohibits teen dating violence and incorporates teen dating violence education into new or existing programs for students in grades 7 through 12. SB 790 expands on existing law, requiring such educational programs to also include education about domestic violence.

House Bills

    HB 2628 - Improving Access to Stalking Protective Orders: Under prior law, most stalking and protective orders are generally exempted from filing fees, but court fees can be charged in certain circumstances. HB 2628 will ensure that all stalking protection orders are available without court filing or service fees, a fix that will help make sure all persons feeling seriously threatened can access the protections they need.

    HB 2758 - Patient Privacy: This bill allows patients to request to redirect their "Explanation of Benefits" and other health care communications from their insurance company to a different address than the policy holder's. This bill will ensure that Oregonians who are covered by another person’s insurance policy can maintain their privacy, a particularly important protection for survivors of violence and abuse whose safety may be tied to the confidentiality of their private health information.

    HB 2776 - Emergency Protective Orders: This bill increases protection for people in danger of domestic violence or abuse by allowing law enforcement to obtain temporary emergency protective orders with the victim's permission and if the officer has probable cause to believe the person is in danger.

    HB 3466 - Enhancing Victim Protections: This bill expands protections for assault victims from intimidation by defendants. HB 3466 makes clear that a court order prohibiting a defendant from having contact with a victim – specifically in sex crime and domestic violence cases – must also include attempted contact by the defendant, either in person or through a third party.

    HB 3476 - Protecting Survivor Confidentiality: This bill ensures that victims of sexual assault, domestic violence, or stalking can seek support services without compromising their privacy. Information shared with a certified advocate at nonprofit community-based or campus-based programs will be privileged communication, kept confidential unless a victim consents to disclosure. HB 3476 will help ensure that victims are supported, respected, and protected as they seek services.


New Laws Effective in October


    During the 2015 session, I worked with my fellow legislators to deliver accomplishments that put Oregon families and small businesses first, reinvested in public education, bolstered job creation, and made college more affordable and accessible. While many bills passed during the 2015 session have already become law, there are some new laws that took effect earlier this month. Among those are laws that will support rural communities and create jobs, prevent sex trafficking, provide reliable emergency preparedness funding, and help create a path to financial security and independence for Oregonians living with disability. Here are some legislative highlights from the 2015 session that took effect  in October, 2015, listed by Senate/House Bill and in numerical order:

Senate Bills

    SB 262 - Oil Spill Prevention: The Legislature passed the Oil Spill Prevention Act in 1991. This Act directed the Department of Environmental Quality to prevent, prepare, and respond to oil spills from large facilities, vessels and petroleum transportation industries. To further prepare for possible oil spills, SB 292 increases fees, expands the uses of moneys in the Oil Spillage Control Fund, and expands reporting requirements.

    SB 777 - ABLE Act for Oregonians Living with Disabilities: The Achieving a Better Life Experience Act (ABLE) program creates a savings program for children with disabilities, or adults with disabilities whose disability manifested before 26 years of age, allowing those eligible to set and reach financial goals and become more self-sufficient. SB 777 requires the state treasurer and the Oregon 529 Savings Board to begin work to establish and maintain a qualified ABLE program. Prior to passage, individuals with disabilities could not build assets because if they saved more than $2,000 at any one time, they risked losing access to Medicaid, Social Security, and other benefits. This made it nearly impossible for people with disabilities to save money for a house, a car, education services, or even medical necessities. SB 777 aligns state law with federal law, creating a path to financial security and independence for Oregonians living with disability.

House Bills

    HB 2171 - Efficient Government to Protect Critical Services: This bill protects taxpayers from waste by reining in tax credits and includes savings from several expiring tax credits. The bill also includes strategic investments in the Working Family Child and Dependent Care tax credit to increase access to quality, affordable childcare for working families.

    HB 2643 - Simplifying Economic Development through Enterprise Zones: Enterprise zones are an economic development tool used by local governments to exempt qualifying businesses from local property taxes on new investments. HB 2643 streamlines the process for establishing an enterprise zone, and removes the limit on how many may be set up in Oregon at once. This allows cities and counties greater flexibility to use this proven economic development tool. The Oregon Business Development Department still must approve creation of new enterprise zones.

    HB 2908 - Preventing Sex Trafficking and Strengthening Families: This bill brings Oregon law into compliance with the federal Preventing Sex Trafficking and Strengthening Families Act of 2014 that also went into effect this month. The federal act was passed to prevent and address sex trafficking of children in foster care, to extend and improve adoption incentives, and to improve international child support recovery. HB 2908 implements federal provisions in state law to support children in foster care, including: permanency planning, extracurricular, cultural and social activities, transition planning for children 14 and up, and foster children's rights.

    HB 3188 - Predator Management in Rural Oregon: Many rural Oregonians rely on effective predator management to prevent costly damage to their livestock or timber. HB 3188 gives certain landowners in Coos and Douglas counties the option to petition the county to form a predator damage control district, giving these landowners the ability to voluntarily contribute to funding predator management services. As existing funding sources dwindle, this bill will help farmers protect their livestock and timber.

    HB 3396 - Healthcare Providers in Rural Oregon: This bill requires the Oregon Health Policy Board to study and evaluate the effectiveness of existing financial incentive programs to recruit and retain health care providers to practice in rural and medically underserved areas in Oregon. The bill will address an ongoing need to attract and keep qualified healthcare providers to practice in Rural Oregon.


Scam Alert: Experian Breach Exposes T-Mobile Customers

   
According to Oregon's attorney general, unauthorized users recently gained access to an Experian server and "hacked" personal information of more than 15 million T-Mobile users. T-Mobile reports that nearly 118,000 Oregon residents may have had their data compromised, including Social Security numbers. According to T-Mobile and the credit reporting company Experian, the breach compromised data that was used by T-Mobile in connection with credit checks of individuals who applied for T-Mobile services from September 1, 2013, through September 16, 2015. The data included name, address, birth date, Social Security numbers, other ID numbers (such as driver's license, military ID, or passport numbers), and additional information used in T-Mobile's credit assessment.

    Anyone concerned that they may have been impacted by Experian's data breach can sign up for two years of free credit monitoring and identity resolution services at: www.protectmyID.com/securityincident. In addition to credit monitoring, the attorney general encourages Oregonians to:

  • Monitor their credit reports. Visit www.annualcreditreport.com or call 1-877-322-8228 to order a free credit report and review it for errors.
  • Consider placing a "security freeze" on their credit reports to prohibit the release of any information without written authorization. For more information on how to place a "security freeze" visit: http://tinyurl.com/cxwt9eq.
  • Beware of "phishing" attempts and unsolicited calls or emails offering credit monitoring or identity theft services. Under no circumstances will Experian or T-Mobile call or send a message to ask for personal information in connection with this incident. Consumers may contact Experian or T-Mobile directly at 1-866-369-0422 but should not provide personal information to anyone who calls or sends you a message about this incident.


    If a consumer finds unexplained activity on their credit report or believe they are the victim of identity theft, they may contact the attorney general's consumer hotline at 1-877-877-9392.


Accepting Grant Applications to Improve Earthquake Safety in Schools

    Business Oregon, the state's economic development agency, has begun accepting applications for $50 million in earthquake safety grants available to Oregon school districts. These grants are the first part of a $205 million program that the Legislature approved to renovate existing schools and emergency services buildings so they will be better prepared to withstand an earthquake.

    The Seismic Rehabilitation Grant Program at Business Oregon will accept applications until December 31, 2015. The funding will be awarded by a grant committee in 2016 based on criteria that includes a cost-benefit analysis and an evaluation of the building's importance to the community it serves. The grants are limited to $1.5 million per project and no local match is required.

    Since 2009, the state of Oregon has awarded $58 million in seismic rehabilitation grants to 77 projects across Oregon, 37 schools and 40 emergency services buildings. Business Oregon awarded 35 grants in 2014, including 13 to schools. All previous awards were made by the Oregon Office of Emergency Management. As an example, Roseburg Public Schools secured a $1.5 million grant in 2014 to offset the cost of renovating its high school gym.

    For more information, please contact Ryan Frank, Business Oregon Communications Manager, at ryan.frank@oregon.gov.


New Loan Program for Oregon Small Businesses

    The Small Business Expansion Program (SBEP) is a $5 million fund that will provide an alternative for small businesses, especially those in underserved or disconnected communities. It will be managed by Business Oregon and funded by the Oregon Business Development Fund, a long-standing program that provides direct loans to fuel growth at small Oregon companies. SBEP provides an alternative to conventional debt and equity financing by allowing businesses to make periodic revenue payments as a percentage of net sales, combined with traditional monthly payments.

    Business Oregon will begin accepting applications on December 1, 2015. To learn how to apply and for details about the program, visit: oregon4biz.com/revenue.


Halloween Traffic Safety Tips from the State Police

    The Oregon State Police (OSP) reminds you to watch for trick-or-treaters when driving in neighborhoods or going to a party on Halloween night, October 31. OSP encourages parents to:

  • Dress children in bright costumes. Use reflective tape or stickers on dark costumes
  • Apply face paint or cosmetics appropriate for children directly to the face. It is safer than a loose-fitting mask that can obstruct a child's vision
  • If a mask is worn, cut the eyeholes large enough for full vision
  • Have children carry flashlights or glow sticks to improve their visibility
  • Secure hats so they will not slip over children's eyes
  • Remind children to cross streets only at intersections
  • Teach children to stop and look for cars, looking to the left, right and left again before crossing, and then to keep looking both ways for cars while they cross
  • Teach children to never dart into a street or cross a street from between parked cars



Grower Brings Biggest Pumpkin Award Home to Pleasant Hill, Again!

    The Register-Guard reports that Steve Daletas took his biggest gourd to California and came home with bragging rights and $12,000 in prize money after taking the first place prize at the annual Safeway World Championship Pumpkin Weigh-off Half Moon Bay, California. Daletas' pumpkin weighed in at a whopping 1,969 pounds. Congratulations to Steve!

            pumpkin
                    Photo courtesy of the Silicon Valley Business Journal

Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your User Profile Page. You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact support@govdelivery.com.