Governor Kulongoski Signs Series of Bills into Law
Legislation affects veterans, establishes continuing care bill of rights and enhances mandatory reporting in education
(Salem) – Governor Ted Kulongoski today signed 24 bills into law, including a law to better protect a disabled veteran or service officer from being taken advantage (House Bill 3020), a continuing care “bill of rights” (House Bill 2138) and mandatory reporting for Teacher Standards and Practices investigators (House Bill 2063).
All list of the bills signed today with a summary is below. For the full list of all the bills the Governor has signed this session, visit: http://governor.oregon.gov/Gov/2009_Action.shtml.
House Bills:
HB 2040: Expands the requirement that drivers maintain a safe distance from emergency vehicles to include roadside assistance vehicles and tow vehicles. Specifies that compliance requires either moving to an adjacent lane or slowing to at least five miles per hour below the posted speed limit.
HB 2063: Adds employees of the Teacher Standards and Practices Commission (TSPC) directly involved in investigations and discipline to the definition of public or private officials that must report child abuse. Declares an emergency, effective upon passage.
HB 2082: Updates and clarifies Soil and Water Conservation Districts’ authorizing statutes to reflect current practice and contemporary conditions and concerns. Eliminate requirement for public election if no contest exists. Updates and clarifies relationship between Soil and Water Conservation Districts and the Oregon Department of Agriculture to reflect a partnership, the provision of technical assistance, and oversight for important or historically appropriate issues. Addresses problems with consolidation and merger of special districts that occur when local property tax levies exist for local conservation purposes.
HB 2133: Eliminates the statutory cap on fees ($50 per tests other than newborn screening tests; and $30 per specimen for newborn screening tests) charged for certain tests performed by state public health laboratory. Requires Department of Administrative Services to approve fee prior to increase.
HB 2138: Updates language and definitions related to continuing care retirement communities. Provides for increased disclosure of operating expenses including fees, financial status and Medicare and Medicaid provider status. Provides for the rights of residents in a continuing care community including establishment of a resident council and a resident representative to the community governing board. Eliminates entrance fees from definition of “open bed long term care facility.” Eliminates requirement that changes to residential disclosure statements be disclosed to the Department of Human Services (DHS) prior to release to residents. Requires providers amending an annual disclosure statement file all new materials with DHS.
HB 2164: Codifies an existing Department of Revenue administrative rule that states that “active service” includes weekend drills, annual training, summer camp, special school attendance and battle assemblies. Applies to tax years beginning on or after January 1, 2009.
HB 2168: Removes outdated, unnecessary or incorrect language changes related to 9-1-1 communications. Updates language to Oregon Revised Statute form and style requirements.
HB 2169: Clarifies the sex offender reporting procedures. Clarifies where the offender may report.
HB 2173: Narrows the class of offenders eligible for relief from the reporting requirement to only those persons with no more than one conviction listed under ORS 181.830(1). Modifies the measure so that a person who is convicted of more than one offense under ORS 181.830(1) may be eligible for relief if the convictions involve the same victim and at the time the offenses were committed, the defendant did not have any prior convictions for sex offenses.
HB 2176: Eliminates two minor requirements for appointment to the Governor’s Veterans Affairs Advisory Committee to the Oregon Department of Veterans’ Affairs.
HB 2187: Allows the Oregon Youth Authority (OYA) to request fingerprints from people applying to operate youth offender foster homes. Provides that any adult member of applicant’s household, as defined by rule, may be fingerprinted.
HB 2224: Expands the authority of the Oregon Fish and Wildlife Department to require fingerprints of employees and those who provide services or volunteer to the department, in certain circumstances, for the purpose of requesting a state or federal criminal records check. Applies existing finger printing provisions to persons who reside on property managed by the department; have access to information which is confidential or the disclosure of which is prohibited by state or federal laws; handle money, property, mail, audits, have access to social security numbers, dates of birth, or criminal background information of employees or members of the public; or have access to tax or financial information about individuals or business entities.
HB 2273: Applies the license suspension provisions to all support enforcement matters when child support payments are in arrears, not just ongoing cases.
HB 2274: Allows the Department of Justice or a district attorney to request the Department of Revenue collect past due child support from an obligor’s tax refund when the obligor’s child is incarcerated in a closed custody facility of the Oregon Youth Authority.
HB 2310: Allows a party to request modification of a protective order for good cause. Specifies exactly what conditions and orders may be modified and allows for application to be made ex parte in certain circumstances.
HB 2340: Creates provisions relating to venue for criminal prosecutions involving stalking or violations of a court stalking order. Provides that where violations of a stalking order have occurred in multiple counties, the incidents may be tried together in one of the counties where the violation occurred. Authorizes prosecution for a stalking violation in either the county in which the violation occurred or the county where the stalking order was filed.
HB 2509: Directs school districts to provide age-appropriate sex education courses in all public elementary and secondary schools as part of health education curriculum. Requires that sex education instruction be medically accurate. Mandates that schools promote abstinence, for school-age youth, and mutually monogamous relationships with an uninfected partner, for adults, as the most effective way to prevent pregnancy and the transmission of STDs. Requires that the course include a discussion of the characteristics of the emotional, physical and psychological aspects of a healthy relationship and the benefits of delaying pregnancy beyond the adolescent years. Requires that students be provided statistics-based and up-to-date medical information regarding the efficacy of all methods of sexual protection in preventing HIV and other STDs. Directs schools to provide students with information about Oregon laws that address young people’s rights and responsibilities related to childbearing and parenting. Establishes applicability to the 2009-2010 school year. Declares an emergency, effective July 1, 2009.
HB 2763: Allows state entities to give preference to in-state agricultural products when contracting for goods.
HB 3020: Makes knowingly taking advantage of customer who is disabled veteran or servicemember, servicemember in active service or spouse of disabled veteran, disabled
servicemember or servicemember in active service unconscionable tactic and unlawful trade practice.
HB 3043: Extends metropolitan service district (district) jurisdiction to urban growth boundary automatically upon expansion of the urban growth boundary (UGB).
HB 3063: Changes name of the Natural Heritage Program to Natural Areas Program. Changes name of Oregon Natural Heritage Plan to Oregon Natural Areas Plan. Allows institutions in the Oregon University System in addition to Oregon State University to participate in the administration of the Institute for Natural Resources.
Senate Bills:
SB 244: Increases the size of the Board of Bar Governors of the Oregon State Bar from 16 to 18 members by increasing the number of bar governors elected from districts from 12 to 14 starting in 2011. Allows the board to establish special terms that are shorter than four years for the purpose of staggering the terms of members of the board. Includes “public body” and limited liability company within the term “person” for the purposes of the unauthorized practice of law provisions of ORS 9.160 to 9.166 and 9.280. Clarifies the jurisdiction of the Oregon State Bar concerning the unauthorized practice of law as it applies to the practice of law in this state, not outside the state. Takes effect upon passage.
SB 380: Allows witness in criminal trial to testify via simultaneous electronic transmission if both parties consent.
SB 464: Prohibits use or attempted use of name of recording group for advertising live performance if member of group is not performing. Provides exceptions. Makes violations an unlawful practice. Authorizes enforcement by Attorney General and private right of action for actual damages or $200, whichever is greater.
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Media Contacts:
Anna Richter Taylor, 503-378-6169
Jillian Schoene, 503-378-5040
Rem Nivens, 503-378-6496
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