Legislative History

During his legislative service, Kevin was the chief sponsor of more successful legislation (135 bills) than any other single legislator since 1859, when Oregon became a state. His legislative accomplishments include authoring Oregon’s Anti-Stalking Law, establishing the Tax Court Magistrate Division, reforming adoption laws to make adoptions quicker and less expensive, authoring major workers’ compensation reforms, passage of a host of anti-crime legislation, and reforms to improve access to our courts.

The following provides a complete listing of legislation which Representative Kevin L. Mannix introduced as Chief Sponsor or Co-Chief Sponsor and which was adopted both by the Senate and the House during the listed legislative sessions. This list does not include any legislation where Mannix was simply a co-sponsor. Some bills were eventually vetoed by the Governor, and this is indicated on the listing. Some matters involved referrals to the voters, and the ultimate decision by the voters is indicated on the listing.

1989 Legislative Session

 

1. HB 2357 Provides that Department of Corrections, as condition of temporary leave of more than 30 days, requires inmate to reside in county where inmate resided at time of offense that resulted in imprisonment.

 

2. HB 2436 Requires as condition of parole that parolee reside for 6 months in county where parolee resided at time of offense. (Ship 'Em Back)

 

3. HB 2437 Requires court to consider parent's failure to report child abuse in making parental rights termination decision. Blended into HB 3200.

 

4. HB 2573 Authorizes donor of food to food bank or other charities to be exempt from liability except for gross negligence.

 

5. HB 2574 Provides that custodial parents are civilly liable for damage to property recklessly caused by their minor children.

 

6. HB 2575 Requires Children's Services Division to include notice that information does not necessarily reflect outcomes of judicial proceedings when it supplies reports to central state registry on child abuse.

 

7. HB 2977 Requires county assessor to accept Board of Equalization, Department of Revenue and court orders determining corrected assessed value for at least 5 years following order, subject to indexing or trending.

 

8. HB 3388 Prohibits discrimination in residential real estate transactions on basis of familial status or disability.

 

9. HB 3391 Prohibits motor vehicle insurer from assigning person to higher risk category solely on grounds that person has let prior insurance lapse unless such person drove without insurance.

 

10. HB 3455 Limits liability of good-faith donors of general merchandise or household items to charities or nonprofit organizations.

 

11. HB 3478 Establishes Housing Agency Low Income Rental Housing Fund in State Treasury, separate from General Fund. Provides for interest on renters' deposits to go to Fund.

 
1991 Legislative Session

 

1. HB 2250 Allows use of certified mail whenever current statutes require use of registered mail only.

 

2. HB 2542 Separates elements of sexual abuse in first degree to create crimes of sexual abuse in first and second degrees. Provides that intentionally causing minor to use animal for arousal or gratification of sexual desire of a person is sexual abuse in first degree. Punishes new crime of sexual abuse in first degree by maximum 10 years' imprisonment, $100,000 fine, or both. Requires Oregon Criminal Justice Council to study certain sex offender characteristics. Repeals sunset on council. Declares emergency, effective on passage.

 

3. HB 2543 Provides that post-prison supervision for person convicted of committing or attempting to commit specified sexual offenses shall extend for length of time equal to maximum statutory indeterminate sentence for offense. Requires court, if execution of sentence is suspended, to place person on probation for minimum of five years and maximum period equal to maximum statutory indeterminate sentence for offense.

 

4. HB 2545 Creates crime of child neglect in first degree. Punishes by maximum 10 years imprisonment, $100,000 fine, or both. Creates crime of child neglect in second degree. Punishes by maximum one-year's imprisonment, $2500 fine, or both.

 

5. HB 2580 Provides that manufacturing of schedule I, II, or III controlled substances near school or delivering controlled substances to anyone near school is punishable by maximum 20 years of imprisonment, $100,000 fine, or both.

 

6. HB 2581 Makes use of minor to aid or abet in manufacture or distribution of controlled substance Class A felony with exception prescribing Class A misdemeanor if violation involves delivery for no consideration of less than five grams of marijuana.

 

7. HB 2582 Enhances penalties for defendant who uses minor in commission of felony controlled substance offense.

8. HB 2586 Authorizes court to cause evaluation of each person convicted of crime to determine alcohol or drug dependency. Requires court, if person is alcoholic or drug-dependent, to include provisions relating to alcohol or drug treatment in sentence or conditions of probation.

 

9. HB 2660 Creates crime of unlawfully obtaining dog or cat. Punishes by maximum one-year imprisonment or $2500 fine, or both. Provides standards and record-keeping requirements for certain pet dealers.

 

10. HB 2662 Allows foreign restraining order to have same effect as judgment of court of this state for period of 30 days after person protected by order arrives in state.

 

11. HB 2667 Adds employees of alcohol and drug treatment programs to list of persons required to report child abuse.

 

12. HB 2668 Allows tort action for child abuse to be brought by victim within three years of date on which injury or causal connection between abuse and injury is discovered or should have been discovered in exercise of reasonable care. Specifies that victim may not commence action, for child abuse occurring while victim was within 18 years of age, after victim attains 40 years of age.

 

13. HB 2681 Provides that possession by person of photograph, motion picture, videotape, or other visual recording of sexual conduct involving child is a Class C felony.

 

14. HB 2721A Modifies law to include parental liability for reckless tort actions (incorporated committed by minor child. Increases limit on damages payable into SB 722) by legally obligated parents.

 

15. HB 2722 Authorizes withholding of child support obligations from workers' (incorporated compensation permanent total and permanent partial disability into SB 222) benefits so that payment may be made to parent owed support.

 

16. HB 2724 Increases benefits to surviving children of worker who dies of injury covered by workers' compensation law.

 

17. HB 2726 Establishes procedure for non-complying employers to object to acceptance of workers' compensation claims. Holds objecting employer liable for costs if order becomes final holding claim to be compensable. Requires audit of SAIF files to validate amount of certain reimbursements.

 

18. HB 2805 Authorizes court in final judgment to require convicted indigent defendant to pay reasonable attorney fees for appointed counsel and reasonable expenses.

 

19. HB 2854 Enacts Interstate Forest Fire Suppression Compact. Authorizes Governor to carry out provisions of compact.

 

20. HB 2918 Requires ballot designation indicating that judge is incumbent specify whether judge is elected or appointed incumbent. (Vetoed by Governor)

 

21. HB 2944 Authorizes licensed physician to hold person for up to 12 hours for transporting to treatment facility in certain situations.

 

22. HB 3096 Transfers specified sum from Reemployment Assistance Reserve to Vocational Rehabilitation Division. Limits use of transferred funds to worker with disabling compensable injury while employed by Oregon employer, subject to certain conditions.

 

23. HB 3097 Creates restricted energy electrician's license. Sets fees and (incorporated continuing education requirements. Provides qualifications. Into SB 1018) Creates grandfather provisions.

 

24. HB 3098 Establishes procedures for testing and determining blood alcohol content of boat operator. Applies motor vehicle standards to boats as to operating boat while intoxicated.

 

25. HB 3106 Allows peace officer to issue and serve citation based on probable cause that Class B or C misdemeanor has been committed.

 

26. HB 3112 Restricts authority of court to order that single agency or organization perform both diagnostic assessment and treatment of persons convicted of driving under the influence of intoxicants or of persons who are subject to court-approved diversion agreement. Authorizes creation of demonstration projects. Corrects references to Mental Health and Disabilities Services Division.

 

27. HB 3117 Requires dealers and vehicle owners to disclose in writing, to prospective buyers, vehicle's failure or inability to conform to express warranty. Allows buyer of vehicle to recover attorney fees and costs from person who fails to meet duty to disclose.

 

28. HB 3134 Requires financial institutions which maintain low income housing accounts to pay net interest earned upon sums deposited to each such account to Housing Agency Low Income Rental Housing Fund. Limits expenditures.

 

29. HB 3428 Expands offense of causing unreasonable noise with vehicle. Creates offense of creating public disturbance noise.

 

30. HJM 6 Increases gas tax for highway construction. Memorializes Congress to resist efforts to legalize possession, manufacture, sale and distribution of illicit drugs.

 

31. HJR 27 Allows for policing of public highways, roads, streets and roadside rest areas in this state if the revenues result from a tax or excise levied or imposed. (Ballot Measure 1, May 1992) (Defeated by voters)

 
1993 Legislative Session

 

1. HB 2349 Expands Family Abuse Prevention Act to include persons who have been involved in a sexually intimate relationship, not just persons who have lived together.

 

2. HB 2352 Makes time limitations for filing petitions for post-conviction relief retroactive, and allows judges to summarily dismiss frivolous petitions without appointing counsel.

 

3. HB 2355 In Workers' Compensation, allows employer or insurer to establish lien against third-party recovery by worker when third-party claim recovery has occurred before acceptance of the workers' compensation claim.

 

4. HB 2359 Makes Disputed Claims Settlements and Claims Disposition Agreements, under Workers' Compensation, subject to recovery of unpaid child support owed by the worker (up to 25% of proceeds).

 

5. HB 2360 Modifies standards for passage of new court rules by council on court procedures to require a "super-majority" of the council.

 

6. HB 2362 Requires all amusement ride operators to carry liability insurance. Includes bungee jumping rides in definition of amusement rides. Allows insurance company inspectors to provide operating inspections.

 

7. HB 2364 Clarifies law to allow rape victim to testify in private as to sexual history during hearing to determine whether or not sexual history is admissible evidence for purposes of trial.

 

8. HB 2365 Restricts minors from possessing firearms for four years after (incorporated they are released from juvenile court jurisdiction when the into HB 2514) minor committed an offense which would prevent an adult from possessing firearms.


9. HB 2367 Expands motor vehicle lemon law requiring notification of resale of vehicle previously returned as a lemon, so lemon law now applies to all classes of motor vehicles, not just automobiles.

 

10. HB 2368 Modifies definition of crime of abuse of corpse to divide it into two degrees of crime, with abuse of corpse in the first degree constituting a Class B felony where the perpetrator engages in sexual activity with the corpse, or dismembers, mutilates, cuts or strikes a corpse (other than through standard medical or embalming procedures).

 

11. HB 2372 Abandonment of an elderly person becomes a crime as part of (incorporated abuse of the elderly. Into HB 2318).

 

12. HB 2375 Where a crime victim has possibly been exposed to HIV by the (incorporated perpetrator, requires the court to order the convicted person to into HB 2216) submit to HIV testing upon request of the victim. Authorizes the court to order additional testing prior to the convicted person's release from probation or incarceration.

 

13. HB 2376 Allows Department of Justice of use monies received from anti-trust cases to provide consumer protection.

 

14. HB 2380 Makes it a crime to interfere with an assistance animal, search and rescue animal, and therapy animal, and provides special damages for owners or users of such animals when they are deliberately injured or killed.

 

15. HB 2409 Allows state agencies, which are required to submit reports to others to fulfill such general requirement by sending postcards notifying the recipients of the availability of such reports.

 

16. HB 2411 Repeals the sunset on Law Enforcement Medical Liability Account so that law enforcement entities may continue to use account to pay for prisoners' medical expenses.

 

17. HB 2412 Defines crime of stalking and allows for officers' protective order (incorporated as well as court protective order. Makes first violation a Class A into SB 833) misdemeanor and second and further violations a Class C felony.

 

18. HB 2514 Provides that person seeking relief from prohibition against possession of firearm applies to district or circuit court. Requires that action on petition be entered into Law Enforcement Data System.

 

19. HB 2518 Expands definition of "medical facility" to include physician's office or anywhere physician provides medical services, for purposes of criminal mischief statute which protects medical facilities.

 

20. HB 2630 Modifies population cap at McLaren and Hillcrest so that adult remand offenders are not included and so that population cap is recalculated every January based on the change in the number of people under the age of 19 in the state.

 

21. HB 2680 Allows person in domestic relations proceeding to avoid publication of residence address in court documents through use of alternative address so as to protect confidentiality of residence address.

 

22. HB 2785 Expands persons who can file petitions under the Family Abuse (incorporated Prevention Act to include minors under certain circumstances. into HB 2349).

 

23. HB 2854 Modernizes law to eliminate special statute of limitations for debts of divorced women.

 

24. HB 2975 Continues existence of Crime Prevention Resource Center at (incorporated Western Oregon State College, with modifications in operation. into SB 158).

 

25. HB 3130 Modifies Public Employee Retirement System Laws to provide better transition into coverage for certain judges who were previously covered under special judges' retirement plan.

 

26. HB 3184 Makes major revisions in adoption laws. Eliminates Oregon as a (significant "forum of convenience" for out of state adoptions where no portion party to the proceeding has any significant connection to amended Oregon. into SB 285).

 

27. HCR 6 Memorial to United Press International reporter, Joe Sands.

 

28. HB 2641 Provides funding for refurbishing the Samuel Thurston Memorial (appropria- at Pioneer Cemetery in Salem. $5,000 appropriated via lottery tion incorpor- bill. ated into SB 81 lottery fundsappropriations).

 

29. HB 5022 Capitol Planning Commission Appropriation. Governor refused to propose appropriation for Capitol Planning Commission, so Representative Mannix placed appropriation in spare committee bill and moved it through the legislative process.

30. Overall: Legal restriction on Governor's authority to withhold funds appropriated by the legislature: made into an amendment to every appropriations bill, as an added section to each such bill, so Governor cannot impound available funds (and thereby reduce legislatively-approved programs).

 
1995 Legislative Session

 

1. HB 2011 Dramatically changes the focus and philosophy of juvenile (amended into justice in Oregon and implements Measure 11. Highlights of the SB 1: Juvenile bill include: implementing Measure 11 mandatory minimum code revision) prison sentences for violent youth offenders. SB1 creates the Oregon Youth Authority (OYA), and transfers the duties of the Office for Services to Children and Families (SOSCF) relating to delinquent youth to that authority. It establishes different levels of custody with OYA, including five regional secure facilities, youth work camps, and youth offender foster homes. Youth offenders may be transferred from one level of custody to another.

 

2. HB 2296 Gives landowners, who permit members of the public to enter land for recreational purposes, immunity from liability for personal injury, death or property damage arising out of use of that land.

 

3. HB 2298 Protects citizens from threats or harassment by mail by allowing the Mental Health and Developmental Disability Services Divisions to limit or restrict the rights of mentally ill persons to communicate by mail, for security reasons. The term "security reasons" is limited to mean the protection of the mentally ill person from serious and immediate harm and the protection of others from threats or harassment.

 

4. HB 2314 Establishes a new Pioneer Cemetery Commission to assist in restoration, renovation and maintenance of Oregon's pioneer cemeteries. The commission will set standards, establish grants and assist in maintenance throughout Oregon.

 

5. HB 2315 Simplifies adoption procedures; prohibits adoption advertising (amended by non-licensed agencies. Parts of HB 2315 added to SB 1105. Into SB 1105) Makes it unlawful to advertise that a child is offered or wanted for adoption, or to advertise that a particular person is able to place, locate, dispose of, or receive a child for adoption except for the State Office for Services to Children and Families, or a licensed Oregon adoption agent. Before a final decree of adoption is entered, the birth parents and the petitioners must be advised of the voluntary registry and given information on those services.

 

6. HB 2316 Stalking law modification. This bill strengthens and revises language of the existing law. The new law now defines stalking as contact causing the victim, a member of the victim's immediate family, or a member of the victim's household, reasonable apprehension regarding personal safety. It clarifies procedures for issuing protective orders. It authorizes law enforcement officers to issue citations which require a court appearance within three judicial days. It allows the arrest of the offender when probable cause exists.

 

7. HB2318 Recognizes state service for the purpose of State Personnel Relations Law to include certain military personnel serving in the Oregon National Guard or Oregon State Defense Force.

 

8. HB 2322 Loss of unemployment benefits for drug use on job. Disqualifies discharged employees from receiving unemployment compensation if they failed to comply with employer's reasonable policies on the use, sale, possession, or effects of controlled substances or alcohol in the workplace.

 

9. HB 2325 Creates an impartial magistrate division in Oregon Tax Court, starting September 1, 1997, in place of the present administrative appeals process through the Department of Revenue.

 

10. HB 2326 HB 2137 makes it assault in the third degree for a person to and intentionally or knowingly cause physical injury to a child 10 (Parts years of age or younger. Sections added to HB 2492 enact the amended into following: when a defendant is convicted of a crime committed HB 2137 and while incarcerated, the sentence shall be consecutive; requires HB 3345) filing fees for habeas corpus proceedings and allow attorney fee awards of $100 against frivolous petitions; requires law enforcement agency to disclose suspect's communicable disease to officers who come into contact with suspect; authorizes
detention of material witnesses who may flee; allows credit for time served only upon discretion of judge when person has been pre-trial incarcerated for violating felony probation. HB 3345 has other sections of HB 2326; these: toughen sex crime classifications; require sex offenders from other states to register in Oregon when they come here; expand sex offender registration for public indecency and misdemeanor sex crime when these would constitute child abuse.

11. This is counted as two bills because of amendments into HB 2137 and 3345. HB 2492 is listed as a separate bill.

12. HB 2345 Long-term care facility liens. Creates a new form of lien against real and personal property of residents of long-term care facilities for the amount of unpaid contracted costs of care if specific notice requirements are met.

 

13. HB 2346 Protects citizens' rights of privacy: provides that the records of a (amended library, including circulation records consisting of the name of a into SB 157) library, patron's address or telephone number, are exempt from disclosure under public record laws.

 

14. HB 2351 Streamlines court procedures on civil forfeiture cases: allows for consolidation of civil forfeiture proceedings with related criminal proceedings for trial or other resolution to avoid double jeopardy claims. Where the civil forfeiture trial must be separate, it shall immediately follow the related criminal trial and be heard by the same trier of fact. It also requires that the seizing agency consult with the District Attorney.

 

15. HB 2492 Murder by abuse. Modifies murder by abuse statutes to cover situations where death occurs as a result of neglect or mistreatment, or failure to provide adequate food, clothing, shelter or medical care, to the endangerment of the health and welfare of a child. Offenders can now be tried as a result of a single act rather than a "proven pattern of abuse." Other sections, added by Mannix, listed under description of HB 2326.

 

16. HB 2775 Imposes restrictions on frequency of reports required by (amended into counties as to transient room taxes for vacation homes. SB 252, whichwas then vetoed).

 

17. HB 2902 Creates Office of Inspector General within Department of Human Resources. Vetoed by Governor.

 

18. HB 2903 Prison inmate work: creates Advisory Committee for Prison Industries Board and implements the constitutional state prison inmate work requirements of Measure 17 (passed by voters in November 1994).

 

19. HB 2957 Allows lottery prize winners to voluntarily assign proceeds to others and requires that payment of such assignments be made pursuant to assignment under order of circuit court.

 

20. SJR 41 Obscenity and child pornography: amends Oregon Constitution to specify that obscenity, including child pornography, shall receive no greater protection under Oregon Constitution than afforded by the Constitution of the united States. (Referral to voters).

 

21. SB 369 Major, comprehensive reforms of workers' compensation laws. This bill is too extensive to detail here; Mannix has a 20-page summary available upon request. (Voters defeated the measure.)

22. SB 1120 Ballot title for SJR 41. Vetoed by Governor.

 

23. SB 5547 Section 6 (4), added by Mannix, includes $30,000 appropriation for St. Brigid's and St. Monica's Home, which provide shelter for single pregnant women and single mothers of newborns.

 

24. SB 5550 Section 8, added by Mannix to appropriation bill, prevents the lease or sale of the School for the Blind during 1995-97 biennium.

1. HB 2011 Dramatically changes the focus and philosophy of juvenile (amended into justice in Oregon and implements Measure 11. Highlights of the SB 1: Juvenile bill include: implementing Measure 11 mandatory minimum code revision) prison sentences for violent youth offenders. SB1 creates the Oregon Youth Authority (OYA), and transfers the duties of the Office for Services to Children and Families (SOSCF) relating to delinquent youth to that authority. It establishes different levels of custody with OYA, including five regional secure facilities, youth work camps, and youth offender foster homes. Youth offenders may be transferred from one level of custody to another.

 

2. HB 2296 Gives landowners, who permit members of the public to enter land for recreational purposes, immunity from liability for personal injury, death or property damage arising out of use of that land.

 

3. HB 2298 Protects citizens from threats or harassment by mail by allowing the Mental Health and Developmental Disability Services Divisions to limit or restrict the rights of mentally ill persons to communicate by mail, for security reasons. The term "security reasons" is limited to mean the protection of the mentally ill person from serious and immediate harm and the protection of others from threats or harassment.

 

4. HB 2314 Establishes a new Pioneer Cemetery Commission to assist in restoration, renovation and maintenance of Oregon's pioneer cemeteries. The commission will set standards, establish grants and assist in maintenance throughout Oregon.

 

5. HB 2315 Simplifies adoption procedures; prohibits adoption advertising (amended by non-licensed agencies. Parts of HB 2315 added to SB 1105. Into SB 1105) Makes it unlawful to advertise that a child is offered or wanted for adoption, or to advertise that a particular person is able to place, locate, dispose of, or receive a child for adoption except for the State Office for Services to Children and Families, or a licensed Oregon adoption agent. Before a final decree of adoption is entered, the birth parents and the petitioners must be advised of the voluntary registry and given information on those services.

 

6. HB 2316 Stalking law modification. This bill strengthens and revises language of the existing law. The new law now defines stalking as contact causing the victim, a member of the victim's immediate family, or a member of the victim's household, reasonable apprehension regarding personal safety. It clarifies procedures for issuing protective orders. It authorizes law enforcement officers to issue citations which require a court appearance within three judicial days. It allows the arrest of the offender when probable cause exists.

 

7. HB2318 Recognizes state service for the purpose of State Personnel Relations Law to include certain military personnel serving in the Oregon National Guard or Oregon State Defense Force.

 

8. HB 2322 Loss of unemployment benefits for drug use on job. Disqualifies discharged employees from receiving unemployment compensation if they failed to comply with employer's reasonable policies on the use, sale, possession, or effects of controlled substances or alcohol in the workplace.

 

9. HB 2325 Creates an impartial magistrate division in Oregon Tax Court, starting September 1, 1997, in place of the present administrative appeals process through the Department of Revenue.

 

10. HB 2326 HB 2137 makes it assault in the third degree for a person to and intentionally or knowingly cause physical injury to a child 10 (Parts years of age or younger. Sections added to HB 2492 enact the amended into following: when a defendant is convicted of a crime committed HB 2137 and while incarcerated, the sentence shall be consecutive; requires HB 3345) filing fees for habeas corpus proceedings and allow attorney fee awards of $100 against frivolous petitions; requires law enforcement agency to disclose suspect's communicable disease to officers who come into contact with suspect; authorizes
detention of material witnesses who may flee; allows credit for time served only upon discretion of judge when person has been pre-trial incarcerated for violating felony probation. HB 3345 has other sections of HB 2326; these: toughen sex crime classifications; require sex offenders from other states to register in Oregon when they come here; expand sex offender registration for public indecency and misdemeanor sex crime when these would constitute child abuse.

11. This is counted as two bills because of amendments into HB 2137 and 3345. HB 2492 is listed as a separate bill.

12. HB 2345 Long-term care facility liens. Creates a new form of lien against real and personal property of residents of long-term care facilities for the amount of unpaid contracted costs of care if specific notice requirements are met.

 

13. HB 2346 Protects citizens' rights of privacy: provides that the records of a (amended library, including circulation records consisting of the name of a into SB 157) library, patron's address or telephone number, are exempt from disclosure under public record laws.

 

14. HB 2351 Streamlines court procedures on civil forfeiture cases: allows for consolidation of civil forfeiture proceedings with related criminal proceedings for trial or other resolution to avoid double jeopardy claims. Where the civil forfeiture trial must be separate, it shall immediately follow the related criminal trial and be heard by the same trier of fact. It also requires that the seizing agency consult with the District Attorney.

 

15. HB 2492 Murder by abuse. Modifies murder by abuse statutes to cover situations where death occurs as a result of neglect or mistreatment, or failure to provide adequate food, clothing, shelter or medical care, to the endangerment of the health and welfare of a child. Offenders can now be tried as a result of a single act rather than a "proven pattern of abuse." Other sections, added by Mannix, listed under description of HB 2326.

 

16. HB 2775 Imposes restrictions on frequency of reports required by (amended into counties as to transient room taxes for vacation homes. SB 252, whichwas then vetoed).

 

17. HB 2902 Creates Office of Inspector General within Department of Human Resources. Vetoed by Governor.

 

18. HB 2903 Prison inmate work: creates Advisory Committee for Prison Industries Board and implements the constitutional state prison inmate work requirements of Measure 17 (passed by voters in November 1994).

 

19. HB 2957 Allows lottery prize winners to voluntarily assign proceeds to others and requires that payment of such assignments be made pursuant to assignment under order of circuit court.

 

20. SJR 41 Obscenity and child pornography: amends Oregon Constitution to specify that obscenity, including child pornography, shall receive no greater protection under Oregon Constitution than afforded by the Constitution of the united States. (Referral to voters).

 

21. SB 369 Major, comprehensive reforms of workers' compensation laws. This bill is too extensive to detail here; Mannix has a 20-page summary available upon request. (Voters defeated the measure.)

22. SB 1120 Ballot title for SJR 41. Vetoed by Governor.

 

23. SB 5547 Section 6 (4), added by Mannix, includes $30,000 appropriation for St. Brigid's and St. Monica's Home, which provide shelter for single pregnant women and single mothers of newborns.

 

24. SB 5550 Section 8, added by Mannix to appropriation bill, prevents the lease or sale of the School for the Blind during 1995-97 biennium.

 
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.

 

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.)

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.)