Bills in the 2011 Regular Session, House.
Mike Schaufler
Sponsored
Became law9
Specifies that limit on aggregate amount of public funds deposits that may be held by depository applies only to uninsured public funds.
Allows deposit of public funds in Oregon depository in amount in excess of statutory limit if Oregon depository redeposits funds into insured deposit accounts in other financial institutions, redeposited funds are federally insured and Oregon depository receives amount of deposits from other financial institutions in at least equal amount.
Removes requirement that institution reduce book value of real estate that institution holds under certain provision of law by certain amount each year.
Specifies that, when facility that burned coal as fuel source completely ceases to burn coal and converts to generating electricity from renewable energy source after effective date of Act, facility may use electricity from renewable energy source to comply with renewable portfolio standard.
Requires that winery licensee possess federal permit allowing licensee to engage in certain activities.
Allows person that proposes removal or fill activity for construction or maintenance of linear facility to apply for removal or fill permit.
Modifies statutes relating to expiration of permits and inactive status for accountants.
Allows performer in scripted stage, motion picture or television production to smoke or carry lighted smoking instrument that does not contain tobacco in public place or place of employment in certain circumstances.
Provides that Department of State Lands and State Department of Geology and Mineral Industries may enter into memorandum of agreement in certain cases involving surface mining so that sole responsibility for permitting is assigned to State Department of Geology and Mineral Industries.
Passed the House2
Authorizes financial institutions to swipe information from individual's driver license, driver permit or identification card when establishing or maintaining contract or account or providing goods or services.
Provides that hydroelectric projects exempted from federal regulation and located within existing artificial delivery systems are not subject to additional requirements for fish screens, by-pass devices or fish passages if projects do not create change in stream conditions that adversely affects fish.
Out of committee3
Modifies definition of "public works." Classifies exemption from ad valorem property taxation as funds of public agency for purpose of requiring payment of prevailing wage.
Re-creates Oregon Board of Accountancy as semi-independent state agency.
Extends sunset for income and corporate excise tax credits for energy facilities.
In committee59
Limits period for which certain public employers may employ temporary employees.
Applies provisions of Public Contracting Code to legislative and judicial departments and to Oregon University System.
Classifies exemption from ad valorem property taxation as funds of public agency for purpose of requiring payment of prevailing rate of wage.
Repeals provisions requiring that before issuing site certificate for nuclear-fueled thermal power plant, Energy Facility Siting Council must find that repository for disposal of waste produced by plant is licensed to operate by federal government.
Expands homemade beer, wine and fermented fruit juice exemption from Liquor Control Act.
Deletes definition of "applicant" for purposes of certain provisions related to removal-fill permitting program.
Allows holder of full on-premises sales license or limited on-premises sales license for alcoholic beverages to choose biennial renewal of license, subject to condition.
Provides that any statute administered by Department of Environmental Quality or any rule adopted by Environmental Quality Commission that imposes requirements, standards or any other limitation that exceeds requirements, standards or any other limitation imposed under federal law does not apply to Boardman coal-fired power plant.
Imposes deadline for Department of Consumer and Business Services or municipality administering and enforcing building inspection program to take final action on building permit application.
Provides that not less than $150 in debtor's account is not subject to garnishment.
Directs Department of Transportation to suspend person's commercial driver license if person, while operating bus, commits offense of operating motor vehicle while using mobile communication device.
Provides counties with alternative land-use procedure for siting first single-family dwelling on lot, parcel or tract located within farm, forest or mixed-use zone.
Modifies requirements for tapping water out of or discharging water into irrigation canal or drainage ditch.
Establishes policy direction for management of state forestlands, including management for timber harvesting.
Requires State Forester to control forest management expenses and establish minimum acceptable bids for forest products to ensure that revenues equal or exceed target percentage of expenses.
Allows cigar bar to hold full on-premises sales license for alcoholic beverages without serving meals.
Modifies definition of "smoke shop" for purposes of Oregon Indoor Clean Air Act to include businesses that are attached to other businesses or residential property.
Creates offense of unsafe operation of bicycle.
Declares state policy regarding development, generation and use of power.
Permits worker with claim to unpaid wages and fringe benefits under prevailing wage law to commence and maintain independent action to recover wages and fringe benefits in circuit court of state and to obtain award of attorney fees and costs if worker prevails in action.
Prohibits police officer from requiring engineer or other person who assists in operation of train to show police officer driver license or driver permit on basis that engineer or person was operating or assisting in operation of train that is involved in railway accident or incident.
Defines "comparable" for collective bargaining arbitration purposes related to total compensation of employees of Department of Corrections.
Repeals expedited bargaining process in collective bargaining between public employers and employees.
Prohibits public employer from hiring replacement workers for public employees engaged in lawful strike.
Requires metropolitan service districts and cities with population of 25,000 or more that are outside metropolitan service districts to provide rolling, five-year supply of shovel-ready buildable lands for needed housing and for industrial and commercial uses.
Modifies basis for petitioning Land Use Board of Appeals for review of land use decisions or limited land use decisions involving needed housing or industrial development within urban growth boundary or aggregate resources.
Directs Legislative Fiscal Officer to prepare fiscal impact statement on legislative measures that could have negative effect on ability of private sector entities to create or maintain jobs or that could harm economic development.
Requires Department of Human Services to issue foster home certification to persons operating single foster home upon proof of compliance with specific training and experience requirements.
Allows state to impose unpaid furlough days on state employee only if employee's position is funded from General Fund.
Permits person to bring action for treble damages against insurers and operators of motor vehicle body and frame repair shops violating laws relating to insurance and vehicle repair.
Permits contracting agency to consider bidder's record of relations with subcontractors in evaluating bidder's responsibility for purposes of awarding public contract.
Requires Department of Consumer and Business Services and municipality that assumes responsibility for administering and enforcing building and specialty codes to charge one-third of fee for permit upon issuing permit, one-third when construction of building or installation of equipment begins and one-third when construction or installation is complete.
Establishes additional amount authorized for issuance of general obligation bonds for energy conservation measures for public and Indian tribe buildings for 2011-2013 biennium.
Requires contracting agency to base determination of contractor's responsibility for public improvement contract on contractor's demonstrating that contractor has provided health insurance to contractor's employees for period of two years before contractor submitted bid for public improvement contract.
Exempts unemployment compensation received by taxpayer from Oregon personal income tax for tax years beginning on or after January 1, 2010.
Authorizes issuance of lottery bonds for transportation projects funded from Multimodal Transportation Fund.
Directs Department of Transportation to collaborate with governmental units to implement tolling on interstate bridges that cross Columbia River.
Defines "funds of a public agency," for purposes of applying prevailing rate of wage to projects for public works, to include tax credits or tax abatements that contractor engaged in project for public works receives from state in connection with project.
Changes definition of "public works" to include construction, reconstruction, painting or major renovation of road, highway, building, structure or improvement that occurs, with or without using funds of public agency, on land that Oregon University System or institution of Oregon University System owns or will use, occupy and ultimately own under lease-purchase agreement.
Establishes payroll tax and net earnings from self-employment tax.
Prohibits contracting agency from considering monetary donation or in-kind contribution in evaluating responsiveness of bid or proposal or responsibility of bidder or proposer.
Eliminates culpable mental state element in prohibition against Oregon Liquor Control Commission licensee or permittee allowing visibly intoxicated person to consume or continue to consume alcohol.
Expands exemption of homemade beer, wine and fermented fruit juice from Liquor Control Act.
Requires employer to verify legal status of employee to be employed in United States through federal E-Verify program prior to deducting expenses related to worker's employment from Oregon taxable income.
Directs Oregon Health Authority to register marijuana cooperatives to operate marijuana grow sites and sell marijuana to registry identification cardholders.
Expands definition of "farm use" to include facilities for training dogs in canine skills on land zoned for exclusive farm use.
Prohibits State Fire Marshal from requiring structural changes to building constructed to standard used by building official for building approval.
Removes all restrictions on use of hydroelectric power to qualify for renewable portfolio standard.
Directs Public Employees Retirement Board to issue 13th monthly benefit check for calendar year 2011 to specified retired members of Public Employees Retirement System and specified beneficiaries of retired members.
Authorizes Governor and State Department of Geology and Mineral Industries to expedite site review for sites of aggregate mines that are significant aggregate resources.
Directs State Department of Energy to prepare and submit report to Legislative Assembly on renewable portfolio standards.
Revises definition of "smoke shop" for purposes of Oregon Indoor Clean Air Act.
Limits retroactivity of release of injured worker to regular employment or declaration of medically stationary status for termination of payment of temporary disability benefits and creation of overpayment of benefits.
Prohibits contracting agency from awarding contract for public improvement or public works unless iron, steel, wood products and manufactured goods, including equipment, used in public improvement or public works are produced within United States.
Repeals provisions authorizing local governments to regulate certain activities related to firearms.
Permits assignee of person that submitted bid or proposal for, but did not obtain, certain public contracts to commence action against successful bidder or proposer if assignee can prove certain violations of Public Contracting Code by preponderance of evidence.
Clarifies statutory references by substituting official titles of Water Resources Director and Water Resources Department.
Establishes one year from date of completion of application as absolute deadline for city or county to take final action on application for permit, limited land use decision or zone change.
Expands definition of "farm use" to include facilities for training dogs in canine skills on land zoned for exclusive farm use.
Carried from the Senate
Became law2
Expands exemption of homemade beer, wine and fermented fruit juice from Liquor Control Act.
Requires supervisory authority of county to forward to Employment Department certain information of defendant committed to supervisory authority.
Co-sponsored
Became law · 26
Provides that Adjutant General may not place or retain person in unit designated for active federal service outside state if person is sibling of person killed while serving on active duty with Armed Forces of United States.
Directs Oregon Department of Administrative Services to report to Joint Committee on Ways and Means ratio of public employees to supervisory employees, ratio of public employees to managerial employees and number of positions for managerial employees who do not act in supervisory capacity.
Creates offense of making a false report of child abuse.
Designates bridge across Euchre Creek on U.S. Highway 101 near milepost 317 as Wilbur C. Moore Bridge.
Disqualifies person from serving as fiduciary, health care representative, attorney-in-fact or surrogate if prior court order terminated parental rights of person or determined it unsafe for protected person, principal, child, youth or youth offender, while ward of court, to return to person's home.
Directs Department of Education to award grants to school districts for reimbursement of costs incurred in purchasing Oregon food products that meet certain criteria and for funding food-based, agriculture-based and garden-based educational activities.
Expands green jobs growth initiative to include analysis of growth factors and employment projections for green jobs in forest products industries.
Prohibits person from knowingly performing pelvic examination on anesthetized or unconscious woman unless woman, or person authorized to make health care decisions for woman, has given informed consent to examination, court orders performance of examination for collection of evidence or examination is necessary for diagnostic purposes.
Exempts certain individuals providing volunteer golf course marshal services from minimum wage standards .
Provides that judge or clerk may defer jury service for person more than once only for good cause.
Specifies that services provided to seniors through Oregon Project Independence include support for community caregivers, health promotion services, options counseling and transportation services.
Directs Department of Transportation to erect and maintain roadside memorial sign under certain circumstances for police officer killed in line of duty.
Authorizes district attorney to file petition in criminal case, on behalf of county or animal care agency, seeking forfeiture of animals alleged to have been abused.
Provides that charging or payment of tuition or fee for food or beverage career program class, or for workshop or seminar concerning food or beverage industry training, that is offered by education provider and includes consumption of alcoholic beverages is not sale or purchase of alcoholic beverages.
Includes reserve officers within definition of "peace officer" and "police officer" for certain purposes.
Allows household member to continue to use confidential address on records maintained by Department of Transportation for up to four years after eligible employee or corrections officer is killed in line of duty.
Provides that U.S. Highway 30 between St. Helens and Rainier shall be known as Police Chief Ralph Painter Memorial Highway.
Allows sponsor and public charter school to enter into cooperative agreement with other school districts for purpose of forming partnership to provide educational services.
Establishes World War II Memorial Task Force to solicit private funding and arrange for development, design and construction of memorial to honor Oregon's World War II veterans.
Directs Oregon Military Department to report to legislative committee on existing military cultural barriers that discourage service members from identifying barriers to reintegration into civilian life.
Directs State Department of Agriculture to establish and implement wolf depredation compensation and financial assistance grant program for purposes of compensating persons who suffer loss or injury to livestock or working dogs due to wolf depredation and providing financial assistance to persons who implement livestock management techniques or nonlethal wolf deterrence techniques designed to discourage wolf depredation of livestock.
Prohibits advertising that seller will value property being offered as payment toward purchase or lease of motor vehicle at certain amounts.
Requires Department of Environmental Quality to consult with applicant regarding Federal Water Pollution Control Act variances in order to seek to minimize negative economic impacts of variances.
Requires person who submits death certificate after decedent's death was caused by suicide to make reasonable efforts to ascertain and to notify Center for Health Statistics whether decedent was veteran, whether decedent served in combat and where decedent served if decedent served in combat.
Defines "mastectomy" for purposes of statute requiring health benefit plan coverage of mastectomy and services related to mastectomy.
Requires that each application for issuance of license, tag or permit by State Fish and Wildlife Commission include separate section under which applicant may make voluntary contribution for predatory animal control in county or counties in which license, tag or permit allows person to hunt.
Passed the House · 4
Establishes process through which person may obtain reservation through city or county to conduct funeral service on public property.
Provides that person may take gray wolf in certain situations.
Provides that State Department of Agriculture water quality management plans and supporting rules and programs of department are exclusive public body means to protect and improve water quality through agricultural activity regulations regarding nonpoint sources of pollution on lands located outside urban growth boundary.
Requires State Fish and Wildlife Commission and State Department of Fish and Wildlife to advise, consult and cooperate with other state agencies, political subdivisions, other states, the federal government and private landowners regarding fish and wildlife management.
Out of committee · 4
Establishes tax credit for transportation of woody biomass from forest management operations to biofuel producer.
Authorizes Oregon Medical Board to issue certificates of prescriptive authority to certain licensed psychologists who meet specified requirements.
Modifies crime of theft in first degree to include theft of agricultural property under certain circumstances.
Allows Jackson, Josephine and Douglas Counties to petition Land Conservation and Development Commission to establish regional definitions for "agricultural land" and "forestland" for purposes of statewide land use planning.
In committee · 46
Provides that Environmental Quality Commission may not adopt by rule low carbon fuel standards.
Modifies attorney fees provision related to review of decision of local government before Land Use Board of Appeals.
Modifies basis for petitioning Land Use Board of Appeals for review of land use decisions or limited land use decisions.
Eliminates requirement for Director of Department of Consumer and Business Services to adopt rules specifying training requirements for physicians conducting independent medical examinations in workers' compensation claims.
Eliminates requirement that Water Resources Commission repeal certain rules regarding ground water mitigation in Deschutes Basin ground water study area.
Establishes five regional land use planning commissions.
Provides that statute may not be construed to create statutory cause of action for person who suffers injury, death or damage by reason of statute's violation unless Legislative Assembly has by law specifically authorized civil action.
Expands authority of court and violations bureau to reduce fines for violations.
Authorizes enterprise zone sponsor to suspend employment requirements for exemption from property taxation for qualified business firm under certain economic conditions.
Modifies provisions relating to release of information from Oregon Medical Marijuana Program to Oregon Health Authority and law enforcement.
Creates rebuttable presumption that person convicted of violating controlled substance laws is unfit to receive or hold industrial hemp license or agricultural hemp production permit.
Creates crime of unlawful delivery of Salvia divinorum.
Modifies provisions relating to registry identification card for medical use of marijuana.
Permits contracting agency that uses public funds to procure goods or services under Public Contracting Code to give preference to bidder or proposer that is headquartered or owned locally, will obtain equipment, material and supplies locally or will employ workers locally.
Requires that certain agreements for acquisition of real property by condemner contain provision relating to repurchase of property in event property is not used for public purpose.
Provides that fines and costs collected by court for traffic offenses committed on state highways be credited and distributed as monetary obligation payable to state.
Modifies provisions of Oregon Medical Marijuana Act.
Permits taxpayer to defer recognition of long-term capital gain if taxpayer invests in business entity in Oregon during tax year.
Declares that data used to diagnose, maintain or repair motor vehicles that is created, collected or contained in motor vehicle is exclusively owned by motor vehicle owner.
Modifies time frame for allowance of tax credits for energy facilities for credits that must be claimed over multiple tax years.
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.
Creates Task Force on Nuclear Power.
Specifies that State of Oregon asserts title to, and claims possession of, all lands in this state possessed and managed by federal government pursuant to Oregon and California Revestment Act of June 9, 1916, and Oregon and California Lands Act of August 28, 1937.
Establishes Work and Family Life Task Force.
Requires applicant for marijuana grow site registration to notify Oregon Health Authority if premises of marijuana grow site are rented or leased and provide name and address of owner.
Requires Oregon Department of Administrative Services to adopt rules regarding use of wood in buildings constructed by public body using state funding.
Expands application of laws regarding estray animals to include all bovines.
Expands scholarships for children of public safety officers killed or injured in line of duty to include children of reserve police officers and volunteer firefighters killed or injured in line of duty.
Requires state trial court administrator to provide to victim of crime, upon request, status of state efforts to enforce certain criminal judgments.
Requires, under certain circumstances, that notice and opportunity to be heard be provided to person with privacy interest in certain records subject to criminal subpoena and motion for early production.
Requires State Fish and Wildlife Commission to consult with cities and counties on impact to local economies from additions to lists of threatened or endangered species.
Prohibits pharmacist from dispensing drug that is not therapeutically equivalent to drug ordered or prescribed unless prescriber and patient have consented in writing.
Provides credit against personal income taxes for costs associated with growing produce.
Requires Department of Human Services to operate demonstration project, subject to approval by United States Department of Agriculture, to require recipients of Supplemental Nutrition Assistance Program benefits to participate in shopping and nutrition education program.
Permits contracting agency that procures goods for public use to give preference to food produced within this state if cost of food is not more than 10 percent more than food that is not produced within this state.
Allows person to teach certain courses in schools without being licensed by or registered with Teacher Standards and Practices Commission if certain requirements are met.
Requires resident school district of student to approve admission of student in another school district if certain conditions are met.
Directs State Fish and Wildlife Commission to update Oregon Wolf Conservation and Management Plan to establish population objective of four breeding pairs of gray wolves for state.
Allows person to take gray wolf in certain situations without cause and without permit from State Fish and Wildlife Commission.
Prohibits retail store that sells tobacco from operating powered machine that rolls cigarettes or allowing customer to operate powered machine that rolls cigarettes.
Prohibits city or district from requiring landowner to consent to eventual annexation in exchange for continuation of extraterritorial service originally provided to landowner or predecessor in interest of landowner without requiring consent to annexation.
Directs each school district board to adopt policy regarding teen dating violence.
Removes requirement for State Department of Agriculture to monitor ethanol fuel production and issue notice when ethanol production reaches specified level.
Modifies criteria for siting winery in exclusive farm use zone.
Exempts energy savings performance contracts, under certain circumstances, from requirement to use competitive bidding process to award public improvement contracts.
Extends time during which certain less restrictive qualifications apply to counties in which businesses seek development income tax exemption.