Bills in the 2009 Regular Session, House.
Gene Whisnant
Sponsored
Became law5
Includes removal of noxious weeds as part of Oregon Adopt-a-Highway Program.
Deletes 15-year limit on veteran's use of preference in public employment.
Allows certain long term absent electors to use facsimile machine to cast ballot.
Requires Legislative Counsel to solicit bids for printing of Oregon Revised Statutes each biennium.
Requires court to make written findings that set forth reasons why placement of child or ward with relative is not in best interest of child or ward when Department of Human Services decides to place child or ward with that relative and court makes contrary determination.
Passed the House2
Requires school district to submit written plan of instruction for talented and gifted children to Superintendent of Public Instruction.
Directs Department of Transportation to issue Keep Kids Safe registration plates.
Out of committee1
Prohibits schools from using school property to provide printing, binding or graphic arts services to public or to state or local government or political subdivision.
In committee15
Exempts concealed handgun license records from disclosure under public records law.
Eliminates comparison of current year weighted average daily membership (ADMw) with prior year ADMw to calculate distributions under funding formulas for school districts and education service districts.
Specifies minimum number of instructional days that class schedule adopted by district school board must provide.
Calculates weighted average daily membership (ADMw) of school district to include students eligible for and enrolled in secondary professional technical education program.
Modifies method by which length of service of probationary teachers is calculated.
Directs State Board of Higher Education to report to legislature in 2010 on civic literacy at state institutions of higher learning.
Authorizes weddings and other commercial gatherings that do not involve overnight stay, including siting of associated structures, under conditionally allowable use of land in exclusive farm use zone as private park.
Establishes tax credit for installation, replacement or retrofitting of septic tank.
Modifies authority for issuance of bonds by public bodies.
Removes restriction on public charter schools offering online courses that 50 percent or more of students in school must reside in school district in which school is located.
Provides statutory authorization for Oregon University System student code of conduct.
Extends authority of rural fire protection district to include up to five acres of forestland without owner's consent.
Establishes Trust for Children, Youth and Families Account.
Requires Quality Education Commission to identify related costs to local school districts for meeting quality goals for education.
Prohibits Water Resources Department from issuing permit to person to appropriate surface water or ground water in Deschutes River Basin if proposed appropriation is based upon speculative sale and transfer of water right to person not party to proposed appropriation.
Carried from the Senate
Became law1
Requires Department of Human Services to determine whether immunosuppressant drug used in connection with organ transplants is narrow therapeutic index drug within 180 days of expiration of United States patent on drug.
Co-sponsored
Became law · 27
Redefines "representative of client" for purposes relating to lawyer-client privilege.
Creates sentencing enhancement for sexual abuse in second degree when offender is 21 years of age or older and is minor victim's athletic coach.
Modifies crime of, and cause of action for, invasion of personal privacy.
Directs Oregon Department of Administrative Services to develop and make available Oregon transparency website for purpose of allowing people to view information that is public record and not exempt from disclosure.
Defines "comparable" for purposes relating to arbitration of wages for Department of State Police troopers.
Authorizes issuance of criminal process that authorizes or commands seizure or production of papers, documents, records or other things to recipient outside State of Oregon.
Exempts from definition of "gift," for purposes of ethics laws, specified program material, specified expenses for attendance at conference and reasonable expenses paid to public school employee for accompanying students on educational trip.
Extends date on which schools must qualify as small high school for purpose of calculating school district's adjusted daily membership weighted.
Modifies definition of "vulnerable user of a public way.".
Allows certain veterans with honorable discharges to pay tuition and fees at discounted rates.
Requires tower who tows vehicle at request of owner of parking facility to take and maintain photograph of vehicle.
Exempts employee of United States Department of Agriculture in course of lawful taking of wildlife from criminal laws related to possession and discharge of firearms.
Modifies definition of online communication for purposes of online sexual corruption of child.
Prohibits person from intentionally selling or using software to circumvent, thwart, interfere with or evade any control or measure that ensures equitable distribution, sale or resale of admission tickets for entertainment event.
Creates Work Group on Prescriptive Authority for Licensed Psychologists for purposes related to psychologists prescribing medications.
Extends statute of limitations for action based on conduct that constitutes child abuse or conduct knowingly allowing, permitting or encouraging child abuse.
Places burden of proof on person seeking relief from obligation to report as sex offender.
Makes knowingly taking advantage of disabled veteran, disabled servicemember, servicemember in active service or spouse unconscionable tactic and unlawful trade practice.
Removes requirement that certain health professional regulatory boards maintaining negligence claim websites delete reported claims of negligence filed against licensees if no other claims are filed within four years.
Prohibits county, city, special district or 9-1-1 jurisdiction from punishing or penalizing public or private safety agency for failure to meet contractually mandated response times during declared state of emergency for which agency has provided resources for emergency response outside normal jurisdiction.
Extends statutes of limitations for certain sex crimes if defendant is identified on basis of DNA sample comparisons.
Increases penalty for crime of harassment, under certain circumstances, to maximum of one year's imprisonment, $6,250 fine, or both.
Allows local governments that are unable to meet funding requirements of transportation planning rule adopted by Land Conservation and Development Commission to apply for extensions, submit alternative plans for funding or apply to adjust various traffic performance measures.
Increases processing fee chargeable to employee by employer for garnishments of employee's wages.
Requires persons that facilitate like-kind exchanges to make certain notifications and to provide bonds or other securities in specified amounts.
Modifies definition of "child care facility" and creates definitions for "preschool recorded program" and "record" for purposes related to regulation of child care facilities.
Classifies crime of assault in second degree as assault in first degree if defendant knows victim is pregnant.
Vetoed · 1
Allows facilities that generate electricity by using biomass or combusting municipal solid waste to comply with renewable portfolio standard under certain conditions.
Passed the House · 7
Transfers administration of Rural Health Services Program from Oregon Student Assistance Commission to Office of Rural Health.
Exempts records and information that identify person as holder of or applicant for concealed handgun license from disclosure.
Increases amusement device tax to fund Oregon Youth Conservation Corps.
Reduces to 72 hours minimum time before first day of employment that employer is required to notify employee in written employment offer that arbitration agreement is required as condition of employment.
Establishes Voluntary Central Background Registry in Child Care Division of Employment Department for individuals employed or volunteering to provide services to children.
Provides that judge or clerk of court may not defer jury service for person more than once unless person seeks deferral for good cause.
Describes method by which owner or person in charge of hotel or motel may comply with requirement to post signs giving notice of smoking laws.
Out of committee · 4
Creates Director of Legislative Audit Office appointed by Joint Legislative Audit Committee.
Provides tax credit for employers who hire certain released persons who work at least 160 hours for employer.
Directs Department of Transportation to establish education registration plate program.
Modifies theft in first degree to include theft of agricultural property under certain circumstances.
In committee · 81
Specifies amount of income from Common School Fund that Department of State Lands must transfer each calendar year to Superintendent of Public Instruction for apportionment among counties and school districts.
Modifies required contents of statement of economic interest.
Requires Department of Human Services, law enforcement agency and other entity or person responsible for taking child into protective custody to provide parents or guardian with written information about parents' and guardian's rights and responsibilities, and resources for legal assistance, when child is taken into protective custody.
Establishes Oregon Health Access Fund and specifies permissible expenditures by Department of Human Services from fund.
Specifies that statutes and rules that apply to school district boards, school districts or public schools do not apply to small schools.
Allows motorcycle operator to replace discharge nozzle after dispensing fuel.
Removes requirement for State Department of Agriculture to monitor ethanol fuel production and issue notice when ethanol production reaches specified level.
Provides that consumer contract may not contain provision to renew contract for additional term automatically or unless consumer declares intention to terminate or not renew contract.
Requires that certain public officials submit to drug test two times every calendar year.
Exempts transferor of firearm from performing criminal history record check if purchaser or recipient has concealed handgun license.
Requires Department of State Police to destroy records obtained during criminal records check within 24 hours of approval for qualified firearms purchases.
Prohibits possession of replica firearm on school grounds under certain circumstances.
Authorizes imposition of sentencing enhancement of 36 to 60 months upon conviction of gang-related felony.
Prohibits cities that use photo red light cameras from providing compensation to manufacturers and vendors of photo red light cameras based on number of citations issued or percentage of moneys collected from payment of fines.
Considers student attending approved study abroad program to be resident pupil for purpose of State School Fund calculations.
Requires escrow agent to arrange for interpreter services at closing of real estate transaction for single family dwelling if principal is non-English-speaking individual.
Limits fees governing bodies may charge for conducting reviews of proposed changes to property in historic districts.
Prohibits public employer from laying off or terminating employee who does not speak Spanish.
Creates tax credit for educational expenses or contributions to qualified scholarship granting organization.
Directs Legislative Assembly to include appropriations exceeding $5 million in separate bills.
Prescribes salary calculation for substitute teachers in school district with four-day week class schedule.
Allows certain public charter schools to qualify as small high school for purpose of small school district grant.
Limits to federal funds assets that revert to State Board of Education when charter of public charter school is terminated or public charter school dissolves and public charter school had been existing public school.
Gives priority for grants and loans for public charter schools to schools that are only school in school district or that are in district that is remote and necessary school district.
Exempts foreign insurers licensed to sell health insurance in another state from requirements of Insurance Code and certain other requirements.
Prohibits certain persons from simultaneously holding more than three permits issued pursuant to restricted vessel permit system.
Extends landowner immunity for public's recreational use of land, woodcutting and harvest of special forest products to paths, trails, roads, watercourses and other rights of way that are used by person to reach land for recreational purposes, woodcutting or harvest of special forest products.
Exempts irrigation district from duty to maintain easement held by district and from civil action for failure to maintain easement.
Allows public utility full cost recovery for hydrogen power station investments.
Allows Department of Transportation to issue group registration plate for group that promotes prevention of wildfires.
Authorizes issuance of lottery bonds for transportation projects for nonmotorized vehicles and pedestrians.
Creates State Police Patrol Fund, separate and distinct from General Fund.
Requires Public Employees' Benefit Board to develop plan for providing health benefit plan options and employee contribution requirements based on Federal Employees Health Benefits Program.
Requires policy or certificate of health insurance to cover 90-day supply of prescription drugs covered by policy or certificate if prescribed by health care provider.
Requires counties to appoint service officers.
Requires Oregon Department of Administrative Services to determine source and establish price agreement for state agencies to procure power management software.
Requires deposit of five percent of security amount, but not less than $5, in cases of security release.
Requires supervising agency to determine if supervised person is predatory sex offender.
Expands ability of employer to prohibit use of medical marijuana in workplace.
Authorizes universities under control of State Board of Higher Education, Oregon Health and Science University and boards of education of community college districts to commission public safety officers.
Requires State Board of Higher Education to authorize each institution under its control to commission special campus security officers.
Directs State Department of Fish and Wildlife to develop plan for reforming hatchery operations and reconstructing hatchery facilities.
Increases amount of personal exemption income tax credit.
Creates income tax credit for capital improvements to business facilities or homes that are commenced prior to later of September 1, 2009, or effective date of Act.
Requires governing body of consumer-owned utility to adopt resolution to establish local conservation and energy efficiency plan or annual conservation, energy efficiency and carbon reduction or avoidance program.
Provides that individual who brings action to recover damages for ascertainable loss of money or property resulting from unlawful practice must prove actual damages measured by difference between amount paid for good or service and market value of good or service received.
Prohibits construing statute as creating statutory cause of action unless Legislative Assembly has by law specifically authorized bringing of civil action for violation.
Decreases minimum vineyard acreage requirement for low-volume winery located in exclusive farm use zone.
Provides that person who is legally present in any place is not liable for failing to retreat from attacker.
Creates crimes of drug-induced homicide and drug-induced assault.
Allows person who filed claim with county or with state under Ballot Measure 37 (2004) to file claim under Ballot Measure 49 (2007) even though person did not file claim with both county and state.
Defines statutory term regarding management of acquired lands designated as state forests, common school forest lands and the Elliott State Forest Lands.
Allows community colleges and state institutions of higher education to recover from school districts costs of providing remedial education to students.
Adds sexual misconduct to definition of "abuse" for purposes of mandatory child reporting statutes.
Provides one-time $400 credit against income taxes for completion of parenting class.
Permits small woodland owner to register vehicle as farm vehicle.
Requires State Forestry Department and other state agencies to support expeditious harvesting of downed trees as part of state forest recovery and restoration plans and policies.
Directs State Fish and Wildlife Commission to establish Oregon Limited Entry Fishing Guide Program.
Modifies time within which filing officer must determine whether violation related to certain campaign finance laws occurred and notify person who is subject of violation.
Requires Department of Human Services to report to interim committees of Legislative Assembly on programs that serve senior citizens.
Allows Department of Human Services to establish automated, online provider payment submission system for medical assistance program.
Requires statewide elected officials, agency directors and members of Legislative Assembly to pay nine percent of premium for coverage under certain benefit plans.
Allows person to occupy state-owned submersible or submerged lands, without fee, to operate and maintain streambank and stabilization structures.
Replaces personal exemption credit for dependent with income tax subtraction of $1,000 per dependent.
Authorizes prosecution for failure to report as sex offender in county where defendant is apprehended or last registered, if county where offense was committed cannot be determined.
Allows authorized state agencies to use fuel cell power systems for emergency backup power applications and for critical power applications.
Provides maximum allowable amount of credit for fuel cell system, other than homebuilder-installed renewable energy system, of 50 percent of total certified cost.
Authorizes issuance of lottery bonds for grants to agencies in executive department and certain private companies to acquire fuel cell systems.
Describes circumstances in which gray wolf may be taken.
Modifies provisions related to training, licensure and certification of private security professionals.
Directs district attorney to consider servicemember's traumatic brain injury or mental disorder as factor in determining eligibility for diversion.
Shields person making report of child pornography found on electronic device from civil and criminal liability for report.
Allows school districts to submit information to Department of State Police for purpose of conducting criminal records checks.
Authorizes board of elections officials to enhance or duplicate ballot for purposes of counting ballot by vote tally machine.
Requires Secretary of State or county clerk to send list of invalid signatures on state initiative, referendum or recall petition to chief petitioners.
Requires evidence of citizenship for persons registering to vote for first time in this state.
Prohibits state government from employing individual who is not legal resident or does not have legal authorization to work.
Requires Department of Human Services to verify legal presence in United States for applicants of public assistance.
Requires county to verify immigration status of person incarcerated in county correctional facility.
Directs Teacher Standards and Practices Commission to establish advisory committee to develop survey for teacher education institutions.
Establishes tax credit for transportation of woody biomass from forest management operations to biofuel producer.