|
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,
Happy New Year! With 2017 now in the rear-view mirror, many of us are taking a moment to reflect on the past year's accomplishments and thinking of the challenges and opportunities ahead. The same is true in the Legislature; I find myself reflecting on our achievements and missed opportunities during the 2017 legislative session. At the same time, I look forward to the upcoming 2018 "short" session. It will convene on Monday, February 5, and is limited to 35 days (March 11) unless extended by a two-thirds vote in each chamber. An extension is limited to five days. Since the Legislature began meeting annually in 2011, there has not been any extensions of a session.
The Senate and House will meet for "legislative days" from January 10-12 in advance of the short session. During legislative days, committees will meet to discuss legislative issues for the short session. You can review agendas (once posted) and watch live hearings using the Legislature's online information system.
Below you will find information on:
- January 23 Special Election — Remember to Vote!
- Oakridge Wood Smoke Mitigation Project
- Expansion of Oregon's "Bottle Bill"
- New Laws that Took Effect January 1
- Stewardship Award Honors Oregon Heroes
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 email. Here's to Oregon and a great 2018.
January 23 Special Election — Remember to Vote!
Ballots are currently being mailed to registered voters, but by you should have received your Oregon Voters' Pamphlet for the January 23, 2018 Special Election. If not, you may contact your county election office or the Secretary of State's office to obtain one. An electronic version is available, here: http://sos.oregon.gov/voting/Pages/current-election.aspx.
Registered voters may find it helpful in learning about Measure 101 to review the information and arguments included in the pamphlet. It's worth noting that Secretary of State Dennis Richardson provided the following disclaimer regarding the placement of submitted arguments in the pamphlet:
"As you read your Oregon Voters' Pamphlet, you will see arguments submitted in favor and in opposition of the measure to be voted on. Sometimes authors purposely submit "Yes" arguments in the "No" column and "No" arguments in the "Yes" column. Oregon law requires the Elections Division to place arguments as submitted. If you notice arguments that seem to be in the wrong column, please be aware that this was not an error; it was the desire of the author who submitted the argument."
Please remember that ballots must be received at your county clerk's office no later than 8 p.m. on Tuesday, January 23. (Postmarks do not count, so it may be necessary to hand-deliver ballots not mailed early enough.) Remind your friends and family to vote. It's our civic duty!
Oakridge Wood Smoke Mitigation Project
I was proud to convene an Oregon Solutions project with Oakridge Mayor Jim Coey to include a broad coalition of public agencies including Housing and Community Services Agency (HACSA) of Lane County, nonprofit agencies and private businesses. Our group met several times over six months to develop a Resource Development and Mitigation Plan. This plan outlines program development and needed heating system replacements to ensure both community health and that Oakridge-area residents keep warm during winter months. Remaining work calls for recruitment of funding, installation of 60 ductless heat pumps and 15 EPA certified wood stoves, as well as weatherizing 10 homes through HACSA programs. Additionally, the program will provide education, a community firewood program (to burn dry seasoned wood instead of green wood), and heating bill assistance to ensure the entire community can benefit.
Speaking at the Signing Ceremony for the Oakridge Wood Smoke Mitigation Project
Expansion of Oregon's "Bottle Bill"
As of January 1, 2018, most beverages in sealed plastic, aluminum and glass containers between 4 ounces and 1.5 liters will be charged a deposit and the container eligible for redemption. This means that many new beverages, like ciders, sports drinks, coffees and teas are now part of Oregon's innovative "Bottle Bill." More information can be found here: http://www.oregon.gov/OLCC/pages/bottle_bill.aspx.
New Laws that Took Effect January 1
Here is a listing of laws passed during the 2017 legislative session that took effect on January 1, 2018 — by Senate/House bill and in numerical order:
Senate Bills
SB 3 - Suction Dredge Mining: This legislation protects wildlife by prohibiting suction dredge mining in essential indigenous anadromous salmonid habitat and restricting placer mining so that it does not harm mollusks, salmon habitat or Pacific lamprey habitat.
SB 26 - Victims on Public Safety Councils: This legislation provides greater representation for crime victims by requiring county commissioners to appoint victim’s advocates to local public safety coordinating councils.
SB 34 - Requiring Vehicles to Move Over for Emergency Response: This legislation is a traffic safety measure. The bill requires vehicles to change lanes or slow down when a car is displaying its hazard lights. Moving over is required only if it is safe to do so.
SB 64 - Mental Disorder Nomenclature: Before passage of this legislation, Oregon law used the term "mental disease or defect" in describing how mental health issues may factor in to criminal defenses. This term has a negative connotation that can contribute to the stigma around mental health. This bill renames the term as "qualifying mental disorder."
SB 66 - Restriction Notifications for Mentally Ill Offenders: This legislation seeks to inform and protect communities by expanding the sex offender registry requirement to include those found guilty, except for insanity, of a sex crime.
SB 95 - Reporting Financial Exploitation of Elderly or Disabled Individuals: This legislation makes salespeople, investment advisors and broker-dealers mandatory reporters of suspected financial exploitation of elderly or disabled people. SB 95 permits these reporters to delay disbursing funds from a person’s account if they reasonably believe the disbursement could result in financial exploitation.
SB 96 - Insurance Requirement for Brokers and Investment Advisors: Broker-dealers and investment advisors are required to carry a $10,000 surety bond to protect clients against loss, but are not required to carry errors and omissions insurance, which protects against negligence on the part of the insured. This legislation requires all broker-dealers and investment advisors to carry an error and omissions insurance policy of at least $1 million. Out-of-state investors and those already licensed with the Security and Exchange Commission are exempt from the bill.
SB 117 - Cracking Down on Predatory Towing: This legislation cracks down on predatory towers who patrol parking lots, look for cars to tow, and then stick the owners with outrageous bills. This law adds towing provisions that are enforceable as unlawful trade practices. Before a vehicle can be towed, a sign is required to be in plain view that indicates the parking area is restricted or prohibited. The tower must have signed consent from the property owner or a representative for the property from which the vehicle is to be towed.
SB 207 - Advanced Placement Credit for College Courses: Under this legislation, public higher education institutions must provide credit to students who received a score of 3, 4 or 5 on an advanced placement test. The Higher Education Coordinating Commission may grant a school’s request to require a score higher than 3 for receiving credit.
SB 241 - Helping Children of Incarcerated Parents: This legislation, the Children of Incarcerated Parents Bill of Rights, provides guiding principles to the Department of Corrections to use in determining future policy and procedures that affect incarcerated individuals and their children. SB 241 includes rights such as maintaining relationships between parents and children, informing children in an age-appropriate manner during a parent’s incarceration and consideration of a child’s wishes in decision-making processes.
SB 249 and SB 250 - Assistance for Victims of Sex Trafficking: This legislation helps sex trafficking victims clear their names and seek justice. SB 249 allows a person convicted of prostitution to file a motion to vacate if they were a victim of sex trafficking at the time of the offense. Similarly, SB 250 creates an affirmative defense to prostitution if the person was a victim of trafficking.
SB 253 - Student Loan Disclosure: Starting with the 2018-19 academic year, this legislation requires higher education institutions to provide additional student loan information to potential borrowers. Information includes the total amount of federal education loans the student has received, an estimate of the total amount owed upon the student’s graduation — including principal and interest — and an estimate of the monthly payment a student will owe.
SB 257 - Official Misconduct Penalties Made Stiffer When a Public Official is Involved: This legislation increases accountability among agency employees. SB 257 elevates the crime of official misconduct in the second degree to be a crime in the first degree when a public servant is acting as a supervisor and consciously disregards a risk of physical injury or assault against a vulnerable person.
SB 336 - Construction Site Certified Managers: This legislation provides a process by which a construction contractor or business may continue work if it loses its responsible managing individual (RMI), which is required for licensure by the Construction Contractors Board (CCB). Under SB 336, a business may operate with a temporary RMI for up to 14 days after notifying the CCB of the new RMI.
SB 357 - Interfering with Public Transportation: This legislation aims to reduce disparate impacts of transit policies on low-income Oregonians. SB 357 reduces the penalty for interfering with public transportation when it involves trespassing on public transit. This most commonly occurs when a rider does not pay the fare.
SB 372 - Roadkill Salvage Permits to be Issued by Fish and Wildlife Commission: Under this legislation, the Oregon Fish and Wildlife Commission will adopt rules for issuing wildlife salvage permits so that deer and elk that have been killed accidentally in vehicle collisions can be recovered for human consumption.
SB 423 - Expanding Prescription Authority for Physician Assistants: This legislation provides greater access to health care by authorizing physician assistants to prescribe Schedule III and IV medications. Physician assistants will be required to report to the Prescription Drug Monitoring Program whenever a prescription for a controlled substance is written.
SB 481 Public Records Response: This legislation establishes a time frame for responding to public records requests, and creates a legal definition for the phrase "business day" as it pertains to public records (any day that is not a legal holiday, a Sunday or a Saturday). Additionally, SB 481 requires the state attorney general to maintain and frequently update a catalogue of public records law exemptions. This bill clarifies appeal procedures for reviews of public records requests.
SB 485 - Composition of Medical Practice Ownership: Under current law, medical practices must be majority owned by physicians. This has created an additional barrier to providing medical services in rural parts of the state. SB 485 creates an exemption to this requirement, so long as the clinic operates in a rural area and provides services for migrant, homeless and other underserved populations. I was proud to chief sponsor this legislation on behalf of a constituent medical clinic in Oakridge, Orchid Health.
SB 492 - Spousal Support Redeterminations: This legislation is an efficiency and cost-saving measure for court systems and individuals. SB 492 allows parties to a divorce or dissolution to voluntarily exchange tax documents if they wish to discuss modifying their spousal support.
SB 493 - Assault of Vulnerable Road Users: This legislation is a public safety law designed to protect pedestrians, construction workers, cyclists and other vulnerable users of public roadways. It expands the crime of assault in the fourth degree to include the criminally negligent operation of a motor vehicle that results in serious physical injury to a vulnerable user. I was proud to usher SB 493 through the Senate Judiciary Committee, which I chair.
SB 508 - Dead Body Pictures Exempt from Public Record: This legislation exempts police from disclosing images of death as public records. Images of dead bodies may unreasonably invade the privacy of the family members of the deceased. SB 508 allows police to not release images of death when it would be an invasion of privacy. Cases when the images are a matter of public interest are exempt from this law. I was proud to work on this legislation in cooperation with the Douglas County Sheriff in the wake of the UCC tragedy.
SB 677 - Cider Businesses on Farm Land: This legislation allows cider businesses on land zoned for exclusive farm use or mixed farm and forest use. The cider business operations must be directly related to sale or marketing of cider and raise no more than 25 percent of gross income from on-site sales of cider produced by the business.
SB 690 - Certificates of Good Standing: This legislation sets guidelines for petitioning for a Certificate of Good Standing. Those who can petition for a Certificate of Good Standing are people who have been convicted of a non-person felony or a non-person Class A misdemeanor. SB 690 establishes that there will be no filing fees for this kind of petition.
SB 714 - Residency Restrictions for Stalking Orders: This legislation protects stalking victims by allowing courts to impose restrictions on where a person convicted of stalking can reside. It also allows the court to impose supervision requirements.
SB 719 - Extreme Risk Protection Order: This legislation creates a legal mechanism for family members and police officers to protect Oregonians who are imminently at risk of suicide or harm to others. An Extreme Risk Protective Order is a civil order, modeled after domestic violence protection orders, that allows for the temporary removal of firearms. The process includes all the standard due-process protections, including the right of the respondent to seek termination or modification of the order. It also includes mechanisms to prosecute those who misuse this process. I was proud to help pas this common-sense gun safety measure.
SB 754 - Tobacco sales at age 21: Tobacco is the leading cause of preventable disease in the United States. Furthermore, 95 percent of adult smokers report they started using before the age of 21. With the passage of this legislation, Oregon strongly demonstrates its commitment to protecting young people from tobacco addiction. SB 754 makes it illegal for someone younger than 21 to purchase tobacco products. The law creates a related fine structure for businesses and individuals who illegally sell to those younger than 21.
SB 760 - Expanding Mandatory Reporting for Vulnerable Oregonians: This legislation expands expectations for mandatory abuse reporters. Public or private officials who suspect abuse of a resident in a long-term care facility or an adult with a developmental disability or mental illness are required to report the suspected abuse regardless of whether the official was acting in his or her official capacity when the official came into contact with the suspected abused person.
SB 762 - Legal Protections for Reporting Sexual Assault: This legislation supports sexual assault survivors by encouraging reporting. The bill exempts survivors and assisting persons from prosecution related to purchasing or consuming alcohol for those under age 21 when they report sexual assault.
SB 795 - Sexual Assault Survivor Support: This legislation will provide support to sexual assault survivors by requiring that law enforcement or an attending medical provider contact a victim services advocate when a victim comes forward. The officer or provider must make a reasonable effort to have the advocate present at the medical facility.
SB 821 - Emergency Housing Funds: This legislation works to align with federal strategies and resources available to prevent homelessness by directing funding from the Emergency Housing Account. The account was created to assist homeless persons and other individuals who are at risk of becoming homeless, including the elderly and persons with disabilities.
SB 830 Adoptive Parents' Prioritization: This legislation adjusts the definition of "current caretaker" to allow foster parents who have cared for a child or the child's siblings for 12 cumulative months to qualify as a current caretaker for purposes of pursuing a permanent plan or concurrent adoption plan.
SB 846 - Banning Youth Restraints: This legislation protects youth from harm in the criminal justice setting by prohibiting the use of physical restraints in juvenile proceedings. SB 846 provides exceptions for when juvenile defendants poses a serious risk to themselves or others.
SB 847 - State Land Transfer: This legislation allows the State Land Board, the Department of State Lands and the Legislative Assembly to transfer lands managed for the benefit of the Common School Fund to other public agencies that may be better suited to manage the lands to provide public benefits other than monetary benefit. The State Land Board and Department of State Lands will identify lands with limited performance potential and submit them to the Legislative Assembly for consideration for transfer to an agency or tribe. SB 847 also creates the Trust Lands Transfer Fund.
SB 934 - Primary Care Services for Coordinated Care Organizations: When primary care services are properly utilized, both patients and insurers see benefits in reduced need for emergency and specialty services. In 2015, the Oregon Health Authority studied the rates at which insurers invest in primary care services, finding that Coordinated Care Organizations dedicated on average 13 percent of their global budget, with commercial insurers contributing closer to 10 percent. This legislation seeks to expand investment in primary care statewide. It requires that insurers spend at least 12 percent of their global budget on primary care physical and mental health by 2023. Insurers who currently are investing at a rate that is less than 12 percent of their premiums on primary care must submit a proposal showcasing how their investment will increase by at least 1 percent annually.
SB 980 - Car Recall Service Payment: In case of a motor vehicle recall, this legislation requires motor vehicle manufacturers, distributors and importers to reimburse dealers for service related to recall. This includes cost of labor and parts necessary for repairing the recalled vehicles.
SB 993 - Purple Heart Recognition: The Purple Heart is a medal awarded to members of the armed forces who are wounded in action. More than 21,000 Oregonians are eligible for the Purple Heart. This legislation recognizes the sacrifice these men and women gave for our country, and designates August 7 every year to be Purple Heart Recognition Day.
SB 1003 - Identifying Dyslexia Risk Factors in Students: Pursuant to this legislation, at least one elementary school teacher at every school must receive training related to dyslexia. School districts must ensure that kindergarten and first-grade students are screened for risk factors of dyslexia.
SB 1022 - Eliminates Certain Boards and Commissions: This legislation eliminates 11 state boards and commissions that have been inactive or are no longer serving a public need.
SB 1050 - Life Imprisonment for Sex Crimes: This legislation keeps predators off the streets. The bill creates a presumptive sentence of life in prison without parole for certain sex offenders with prior convictions.
House Bills
HB 2103 - Allowing Nurse Practitioners to Perform Vasectomies: This legislation allows licensed nurse practitioners to perform vasectomies. Nurse practitioners currently are allowed to perform a variety of medical procedures. Expanding their scope of practice provides Oregonians with greater access to health care.
HB 2111 - Solar Panels Not Prohibited by Homeowner Agreements: This legislation prevents homeowner associations from prohibiting installation or use of solar panels. Associations may impose restrictions on size, placement and aesthetic requirements for solar panels.
HB 2113 Secular Marriage Officiants: This legislation makes Oregon's marriage laws more inclusive by adding secular organizations and officials to the list of those who are authorized to perform marriage ceremonies and sign licenses.
HB 2147 - Tracking Matriculation from Oregon High Schools: This legislation requires higher education institutions to report annually to the Higher Education Coordinating Commission and the Department of Education on the number of high school graduates from each school district who are enrolled at the institution and graduation rate at the institution for Oregon high school graduates from each school district. DOE will provide that information to each school district in the state.
HB 2152 - Small Business Development Center Marketing: Under this legislation, recipients of Oregon Business Development Department grants are permitted to use funds for outreach and marketing for small business development centers, in addition to staff and resources. Marketing was not previously allowed as a use of those funds. HB 2152 allows business development centers to use this funding to market their services to small businesses to help stimulate local economies.
HB 2216 - Foster Children's Sibling Bill of Rights: This legislation establishes essential rights for siblings who are foster youth. These rights include placements together, maintaining contact and visits with siblings, transportation to visit siblings and to be notified of placement changes or catastrophic events affecting a sibling. Foster children have the right to an explanation if contact with a sibling is being denied.
HB 2220 - Helping Veterans Earn a High School Diploma: This legislation removes an outdated requirement barring veterans from receiving a high school diploma if they have not received a GED or post-secondary degree. Under HB 2220, veterans may obtain high school diplomas if they did not complete high school as a result of their service.
HB 2242 - Oregon Business Development Fund: This legislation improves the reach of the Oregon Business Development Fund, which provides loans for small businesses in manufacturing, processing or distribution. Under HB 2242, OBDF money may be granted to businesses that distribute products from office space, as well as manufacturing facilities. The bill also extends 15 percent of funds reserved for emerging small businesses in rural or distressed areas to businesses not engaged in traded-sector activities.
HB 2244 - Greenlight Oregon Labor Rebate Program: This legislation encourages the growth of Oregon's film industry by extending the sunset on the Greenlight Oregon Labor Rebate Program. That program allows qualifying film productions to receive a rebate on some payroll expenses to encourage workforce development.
HB 2316 -Small City Housing Plans: This legislation requires that cities with populations of less than 25,000 that are outside a metropolitan area submit a 20-year housing needs estimate and an inventory of buildable land to the Department of Land Conservation and Development. Cities also must adopt measures to accommodate housing needs that are consistent with the statewide planning goal relating to buildable lands for residential use.
HB 2344 - Independent Living Program: The Department of Human Services administers the Independent Living Program to help foster children transition into adulthood. Participants must be at least 16 years old and maintain some combination of education and employment that amounts to full-time activity. House Bill 2344 adds volunteerism to the activity requirements and adds transportation to the list of expenses that DHS may cover, which currently include food, shelter, clothing and incidental expenses.
HB 2482 - Self-service Fuel in Rural Oregon: Under this legislation, businesses in the following counties are permitted to operate self-serve gas stations: Malheur, Union, Wasco, Hood River, Jefferson, Crook, Baker, Morrow, Lake, Grant, Harney, Wallowa, Gilliam, Sherman and Wheeler. Stations that also sell goods and services still must provide an employee to dispense fuel between 6 a.m. and 6 p.m.
HB 2625 - Forfeiture Petition for Animal Neglect Cases: This legislation allows a forfeiture petition to be filed regarding impounded animals, pending the owner being convicted of abusing or neglecting other animals in their possession. Even animals in the offender's possession that were not involved in the case are protected.
HB 2666 - Community College Student Fees: Student governments at four-year public universities are permitted to hold elections for collecting student fees and, subsequently, they can distribute those fees. HB 2666 extends the same privileges to community college student governments.
HB 2675 - Whole Person Health Care: This legislation encourages a "whole-person" approach to medicine by requiring Coordinated Care Organizations to develop plans on how to integrate physical, behavioral and oral health services for patients.
HB 2740 - Expanding Definition of Sex Trafficking Crime: This legislation expands the scope under which a person can be convicted of sex trafficking. Under current law, a person can be convicted of sex trafficking if they knowingly or with reckless disregard contribute to a minor under the age of 15 engaging in a commercial sex act. HB 2740 expands the scope to protect 16- and 17-year-old minors, as well.
HB 2864 - Cultural Competency in Higher Education: Under this legislation, universities will establish standards for cultural competency and recommendations for achieving those standards. Universities must provide training opportunities and set goals for cultural competency and produce a biennial report on progress toward achieving goals.
HB 2902 - Giving Ports Authority to Manage Shipyards: This legislation gives Oregon ports the authority to buy fuel for ships, construct jetties and piers, maintain or construct bridges or other means of transportation — including airports — and invest in the propagation of fish. Ports also would have the ability to buy or construct any watercraft. This bill substantially increases the ability for Oregon’s ports to be active and growing, and to prepare themselves for ocean disasters by constructing sea walls.
HB 2912 - Promoting Land Acquisition for Affordable Housing: This legislation creates the Affordable Housing Land Acquisition Revolving Loan Fund Program to provide loans for the purchase of land that will be used for affordable housing development. Forty percent of the loans must go to organizations operating home ownership programs for low-income thresholds.
HB 2972 - On-campus Sexual Assault Survivors: This legislation protects sexual assault survivors from discipline at school with respect to the reporting of their assault. The law prohibits colleges and universities from threatening sanctions when a survivor reports an incident or participates in an investigation.
HB 3030 - Prohibiting Sales of Nitrous Oxide to Those Younger Than 18: This legislation will help limit young people's access to the drug commonly known as laughing gas. It makes it illegal for those younger than 18 to purchase nitrous oxide canisters.
HB 3170 - Protecting Collective Bargaining Rights for Supervisory Faculty: Oregon law permits faculty to join collective bargaining units, but does not extend these rights to supervisors. Faculty who supervise research teams shift in and out of eligibility, creating inefficiency and confusion. HB 3170 permits faculty in supervisory roles to join collective bargaining units as long as they are not in the same unit as those they supervise.
HB 3177 - Cracking Down on Cockfighting: This legislation makes it easier for law enforcement officials to protect vulnerable animals. The bill allows for removal of chickens that are used to breed fighting animals or chicks being raised and groomed to fight in cockfighting operations.
HB 3267 - Graduation Requirements for At-Risk Students: This legislation makes graduating high school easier for students who are in foster care, homeless, runaways, children in military families, children of migrant workers and children enrolled in the Youth Corrections Education Program or Juvenile Detention Education Program. Under HB 3267, school districts must waive high school diploma requirements that are not required by state law for these at-risk students.
HB 3359 - Residential Facilities: This legislation enhances penalties for residential care facilities for violating laws or rules and directs the correction of the violation. HB 3359 increases residential care facility licensing fees and creates a Residential Care Quality Measurement Program to collect data for use in assessing and comparing facilities. Facilities that underperform may be subject to an enhanced oversight and supervision program, which is established by the bill. The bill adds training requirements for direct care staff employed by residential facilities and adult foster homes.
HB 3423 - Oregon Promise Applies to National Guard Members: The Oregon Promise program, which helps to cover most tuition costs at any Oregon community college for recent high school graduates and GED recipients, is available to students who enroll in community college courses within six months of graduating from high school. HB 3423 provides an exception for members of the Oregon National Guard, permitting them to enroll in community college courses within six months of completing initial active duty training.
Stewardship Award Honors Oregon Heroes
The Museum of Natural and Cultural History at the University of Oregon recently announced its new Oregon Stewardship Award program. The $1,000 award recognizes an individual, school, nonprofit, or community group that has engaged its community in an environmental or cultural heritage project — one that aligns with the museum's mission to inspire stewardship of our collective past, present and future.
In addition to the cash prize, the recipient will be honored during a special award reception, in museum publications and on the Oregon Heroes display in the museum's Explore Oregon exhibit. The recipient will be announced in the spring of 2018.
Please help spread the word! The Oregon Stewardship Award is designed to honor cultural and environmental stewardship all across the State of Oregon. The 2018 nomination period is now open. Online nomination forms must be completed and submitted by Monday, January 15.
Learn more, here: http://natural-history.uoregon.edu/oregon-stewardship-award-0.
|
