1999 LEGISLATIVE SESSION

 

1. HB 2002 Classifies driving while under influence of intoxicants as Class C felony, when person has three or more prior convictions. Punishes by maximum of five years imprisonment, $100,000 fine, or both.

Reclassifies certain instances of driving while suspended or revoked as Class A misdemeanors, punishable by maximum of one year's imprisonment, $5,000 fine or both.

 

2. HB 2271 Subjects consumer-owned utilities to laws regulating utility pole attachments. Modifies provisions for determining rental rates for utility pole attachments. Establishes task force to advise on issues pertaining to utility poles.

 

3. HB 2273 Establishes that prison inmates or criminal offenders who propel dangerous substances, such as blood, urine, saliva, and feces at staff members have committed assault in the third degree, and shall serve an additional term of incarceration in the state correction facility for such offense.

 

4. HB 2274 Prescribes regular effective date for legislative Acts as January 1 after passage.

 

5. HB 2275 Creates crime of mail theft or receipt of stolen mail. Punishes by maximum of one year's imprisonment, $5000 fine, or both. Specifies exceptions and defenses to crime. Declares emergency, effective on passage.

 

6. HB 2349 Allows district attorney to petition court for order requiring person charged with crime that may have involved transmission of body fluids to submit to test for HIV and other communicable diseases. Requires court to order testing if probable cause exists to believe that person charged committed crime and that victim received substantial exposure.

 

7. HB 2350 Removes restriction that limits probation for possession of Controlled substance to first-time offenders.

 

8. HB 2353 Establishes ballot titles for constitutional amendments referred to voters at special election by House Joint Resolutions 87 to 90 and 92 to 94. Declares emergency, effective on passage.

 

9. HB 2354 Sets procedure for statewide special election on nine ballot measures involving constitutional amendments. Appropriates moneys from General Fund to Secretary of State for expenses of submitting measures to people at special election held on November 2, 1999. Declares emergency, effective on passage.

 

10. HB 2432 Establishes current service level as baseline funding amount for expenses associated with persons incarcerated in county facilities upon conviction of felony or as sanction for violation of parole or post-prison supervision by person convicted of felony.

 

11. HB 2436 Requires defendant to be transported to state hospital or other treatment facility within seven days after court determines that defendant lacks fitness to proceed and commits defendant to custody of state hospital or other treatment facility.

 

12. HB 2462 Specifies that written acknowledgement of payment of civil penalty is not evidence of full satisfaction of injury for purpose of civil compromise.

 

13. HB 2464 Includes disabled persons in statutes that provide protections for elderly persons.

 

14. HB 2488 Establishes Oregon Corrections Enterprises as semi-independent agency with certain authority over inmate work programs, employee benefit plans and personnel systems. Appropriates moneys to Oregon Corrections Enterprises. Takes effect only if House Joint Resolution 82 (1999) is approved by people. (HJR 82 passes, as Measure 68, on November 2, 1999, so HB 2488 went into effect).

 

15. HB 2554 Limits civil liability of health practitioner who provides health care services without compensation. Exception is injury, death or loss resulting from gross negligence of health practitioner. Requires patient receiving health care services or person authorized to make health care decisions to sign statement giving notice of limited liability of practitioner before receiving services. Requires that health practitioner seeking limited liability register with health professional regulatory board.

 

16. HB 2690 Authorizes State Board of Pharmacy to adopt rules allowing pharmacists to administer vaccines, immunizations, drugs and medical devices to persons more than 18 years of age. Modifies definition of prescribed drugs covered as medical assistance by Oregon Health Plan. Directs board to convene task force on child and adolescent immunizations to study and report on need and appropriateness of expanding delivery of immunization services. Declares emergency, effective on passage.

 

17. HB 2743 Authorizes Capitol Planning Commission to coordinate disposition of certain state property.

 

18. HB 2744 Establishes Juvenile Justice Information System. Directs Oregon Youth Authority to adopt rules governing system. Requires counties to provide data to Oregon Youth Authority.

 

19. HB 2772 Authorizes forfeiture of motor vehicle used by owner in drive-by shooting.

 

20. HB 2977 Creates boating operator's permit program. Requires boating operator's permitto operate motorboats with engine greater than 10 horsepower. Punishes violation by maximum of $75 fine. Requires court to suspend fine if defendant appears and agrees to complete safe boating education course.

 

21. HB 3000 Establishes certification of clinical nurse specialists. Directs Oregon State Board of Nursing to establish procedures and requirements for certification. Makes related changes.

 

22. HB 3047 Specifies periods of disposition that may be imposed in juvenile delinquency proceedings. Encourages schools to form safe school alliance.

 

23. HB 3048 Requires rental agreements for self-service storage facilities to contain statement indicating whether personal property stored at facility is protected by insurance held by owner of facility. Specifies that violation is unlawful trade practice.

 

24. HB 3049 Prohibits suit by city or county against firearms manufacturer or dealer for damages resulting from design, manufacture, marketing or sale of firearms. Prohibits Attorney General from intervention in suit against firearms manufacturer or dealer. (Vetoed by Governor).

 

25. HB 3051 Authorizes postponement of implied consent hearing if police officer is ill or on vacation at time hearing must otherwise be held. Requires attorney who attends suspension hearing and obtains tape or transcript of proceedings to provide opposing attorney with tape or transcript before trial. Governor signed 7/21/99.

 

26. HB 3052 Modifies provisions of Oregon Medical Marijuana Act, including who may authorize participation in Oregon Medical Marijuana Act by person under 18 years of age. Modifies affirmative defense for possession of amounts of marijuana in excess of amounts authorized by Oregon Medical Marijuana Act. Declares emergency, effective upon passage.

 

27. HB 3053 Modifies procedure for statistical sampling of signatures submitted on state initiative or referendum petition.

 

28. HB 3054 Creates offense of unlawful posting of land, punishable by fine of up to $1000. Includes certain licensed dog kennels as permissible use in exclusive farm use zones. Declares that owner of land is not liable for injury, death or other damage to trespasser that arises out of conditions existing on land if trespasser commits crime against owner while trespassing. Preserves liability for intentional torts. (Vetoed by Governor).

 

29. HB 3055 Modifies terms for reinstatement or reemployment of injured worker. Allows most assigned claims agents to select legal counsel approved by Attorney General. Revises oath of office for members of Workers' Compensation Board. Requires workers' compensation insurer to include notification of appeal rights in premium audit billing.

 

30. HB 3374 Specifies that entering or remaining in vehicle without authorization constitutes criminal trespass in second degree. Authorizes peace officers to make arrests for any crimes. Modifies crime of criminal mischief by increasing dollar value of damage necessary to constitute crime and allowing aggregation of property damage.

 

31. HB 3376 Expands criminal trespass in first degree to include person who enters or remains unlawfully upon railroad tracks, yards, bridges and rights of way.

 

32. HB 3378 Defines pioneer cemetery as any burial place that contains remains of person who died before February 14, 1909. Reorganizes Pioneer Cemetery Commission. Specifies duties of commission. Declares emergency, effective July 1, 1999.

 

33. HB 3386 Eliminates statute of ultimate repose for civil action against manufacturer of extendable equipment for injury or other damage arising out of contact with power line.

 

34. HB 3596 Classifies public indecency as Class C felony if person has prior convictions for certain crimes, punishable by maximum five year’s imprisonment, $100,000 fine, or both. Makes other changes to increase punishments for public indecency.

 

35. HB 3598 Creates Public Defense Services Commission in judicial branch. Specifies membership. Directs commission to study system of providing representation and transcripts in appellate public defense cases. Appropriates moneys from General Fund to Judicial Department. Declares emergency, effective on passage.

 

36. HB 3608 Creates crime of female genital mutilation. Punishes by maximum of 10 years imprisonment, $200,000 fine, or both. Requires Health Division to establish educational programs. Declares emergency, effective on passage.

 

37. HJR 2 Proposes amendment to Oregon Constitution to allow legislature to impose limitations on civil damages. Refers proposed amendment to people for their approval or rejection at special election on same date as next biennial primary election.

 

38. HJR 87 Proposes amendment to Oregon Constitution that grants certain rights to victims of crimes and acts of juvenile delinquency. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Passed by voters in election).

 

39. HJR 88 Proposes amendment to Oregon Constitution granting people of State of Oregon right to jury trial. Designates prosecuting attorney as party to assert right. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Rejected by voters in election)

 

40. HJR 89 Proposes amendment to Oregon Constitution to disqualify person from serving on jury if person has been convicted of felony or served felony sentence within 15 years preceding jury duty. Disqualifies persons convicted of misdemeanors involving violence or dishonesty or served sentence for such crime within five years preceding jury duty. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Passed by voters in election)

 

41. HJR 90 Proposes amendment to Oregon Constitution dealing with bailable offenses. Restricts pretrial release where violent crime charged and judge finds defendant probably will cause injury to victim or any person pending trial. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Passed by voters in election)

 

42. HJR 92 Proposes amendment to Oregon Constitution providing that 11 members of 12-person jury can render verdict of guilty for murder. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Rejected by the voters in election)

 

43. HJR 93 Proposes amendment to Oregon Constitution dealing with prosecution of person previously required to testify in court. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Rejected by voters in election)

 

44. HJR 94 Proposes amendment to Oregon Constitution dealing with execution of sentences. Requires sentences to be served as required at sentencing; sentences may not be retroactively reduced unless sentencing court imposes reduced sentence. Refers proposed amendment to people for their approval or rejection at special election held November 2, 1999. (Passed by voters in election.)

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