2015-363-Minutes for Meeting April 07,2015 Recorded 7/31/2015 DESCHUTES
NANCY BLANKENSHIP,FCOUNTY CLERK
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Deschutes County Clerk
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Deschutes County Board of Commissioners
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(541)388-6570-Fax(541)385-3202-www.deschutes.org
MINUTES OF MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
DATE/TIME: Tues., April 7, 2015 7:30 AM 1 LOCATION: Allen Room
DEPARTMENT OR GROUP: BOCC & Administration
ATTENDEES: See attached roster.
PURPOSE OF MEETING: Legislative Update
ITEMS DISCUSSED:
1. Central Oregon Legislator's Update
2. Deschutes County Commissioner's Update
3. Deschutes County Department 2015 Priorities
See attached agenda for additional details.
ACTION(S) TAKEN BY BOARD:
1. Board consensus to add HB 3310 to legislative tracking list as priority 2/oppose.
FOLLOW-UP REQUIRED:
1. Staff to prepare letter for Board signature expressing opposition to SB 255.
2. Chris Doty to work with Public Affairs Counsel and the Association of Counties to monitor
HB 3310 and testify if needed.
3. Public Affairs Counsel to work with Chris Doty to monitor SB 824.
4. Commissioner DeBone to continue trying to solicit environmental support for HB 2833.
5. Commissioner Baney to contact Representative Whisnant to discuss information provided by
Housing Works regarding SB 516.
6. Commissioner Baney to send suggested amendments to SB 941 to Public Affairs Counsel.
Public Affairs Counsel to provide additional analysis and list of critical House members to
contact. Board to discuss SB 941 during 4/8/2015 work session.
6. Next legislative meeting to be held on April 21, 2015 at 7:30 a.m. in Allen Room.
REPORT COMPLETED/SUBMITTED BY: Judith Ure
BOCC- 7-03 PLEASE RETURN COMPLETED FORM TO THE BOCC SECRETARY
Deschutes County Board of Commissioners
Legislative Update
4/7/2015
Attendees
On site:
Tony DeBone, Commissioner
Tammy Baney, Commissioner
Alan Unger, Commissioner
Tom Anderson, County Administrator
David Doyle, County Counsel
David Givans, Auditor
Erik Kropp, Administrative Services
Nick Lelack, Community Development Department
Chris Doty, Road Department
Jennifer Stevens, Representative Knute Buehler
Judith Ure, Administrative Services
Via telephone:
Tim Knopp, State Senator
Knute Buehler, State Representative
Mike McLane, State Representative
Gene Whisnant, State Representative
John Huffman, State Representative
Mark Nelson, Public Affairs Counsel
Justen Rainey, Public Affairs Counsel
J.L. Wilson, Public Affairs Counsel
Jamie Christman, Bend Chamber of Commerce
Charles Fadeley, Justice of the Peace
Ken Hales, Community Justice Department
Steve Reinke, 9-1-1 Service District
Jane Smilie, Health Services Director
BOCC- 7-03 PLEASE RETURN COMPLETED FORM TO THE BOCC SECRETARY
DATED this 257 4i' day of ry 2015 for the
Deschutes County Board of Commissioners.
ANTHONY DEBONE, Chair
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ALAN UNGER, Vice Chair
TAM B• EY, Co issioner
ATTEST:
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Recording Secretary
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Deschutes County Agenda
Tuesday,April 7,2015
7:30am
1-866-279-1568
*8678842*
I. CENTRAL OREGON LEGISLATOR'S UPDATE
a. Update from Legislators
IL DESCHUTES COUNTY COMMISSIONERS UPDATE
a. Update on Commissioner's Priorities
III. DESCHUTES COUNTY DEPARTMENT 2015 PRIORITIES
a. First Chamber Deadlines
i. Bills Must be Posted fora Work Session by April 10,2015SB
b. 941: Gun Bill
i. Deschutes County Position
c. Update on Priority 1 Support Bills
i. SB 648: Central Oregon Health Council
1. Referred to Senate Health Care Committee
2. PH and P W S on 4/6/15
ii. IIB 2833: Adds woody biomass to green technology for public buildings
1. Referred to House Energy and Environment Committee
2. Public Hearing Held on 3/12/15
3. No Further Action
4. Working on Letter/Co-Sponsor outreach to Chair Vega Pederson
iii. SB 516: Requires Housing and Community Development to dedicate money
from housing accounts to county assessment and taxation fund for the benefit
of the county collecting fees.
1. Referred to Senate Finance and Revenue Committee
2. PH held on 3/12/15
3. No Further Action in Senate
4. HB 2959 Heard in House Human Service and Housing
a. Hearing on 4/1/15
iv. SB 133: Allows DCBS to provide electronic access to building code
information
1. Passed Senate 29-0
2. Referred to House Business and.Labor on 3/5/15
3. No Action Currently Scheduled
d. Update on Priority 1 Oppose Bills
1. HB 3208/HB 2894: Modifies definitions of water delivery infrastructure
1. Referred to Rural Communities, Land Use, and Water
2. No Action Currently Scheduled
3. Chair Clem Not Planning to Move Bill
ii. SB 359/HB 3379: Limits amount of appeal fee city or county may charge for
quasi-judicial review of the city or county land use application.
1. Public Hearing Held in Senate Judiciary Committee
2. No Further Action Scheduled
3. No House Action Currently Scheduled
e. Priority 2 Bills—Action Scheduled/Moving or Important Updates
i. Court/Judicial
1. HB 2355: Court Fees (Support)
a. Update on Proposed Fee Agreement
2. IIB 2339: Requires court to appoint interpreter and provide
appropriate communication device when necessary for crime victim
who seeks to exercise certain constitutional rights. (Support)
a. Passed House(56-1)
b. Referred to Senate Judiciary
c. No New Action
3. HB 2908: Oregon law into compliance with federal sex trafficking
laws (Support)
a. Passed House(54-0)
b. Referred to Senate Judiciary
ii. Forest/Land Use/Contracting Issues
1. HB 2132: County forest collections (Support)
a. Public Hearing Held on 3/10/15
b. County Assessors (Support)
c. Department of Forestry(Support)
d. No New Action
2, SB 210: Allows applicant to obtain expedited review of certain
applications by filing2a request and paying a fee. (Oppose)
a. Referred to Senate Environment and Natural Resource
b. Opposed by Oregon Trial Lawyers and 1000 Friends of Oregon
c. Public Hearing held on 2/16/15
d. No New Action
3. SB 491: Additional state contracting requirements/pay equity
(Oppose)
a. PH held on 3/4/15
b. BOLT/Governor Both Submitted.Testimony
c. -1 amendments adopted—Replace Bill
d. No Testimony in Opposition
iii. Human Service Issues
1. HB 2015: Employee Related Day Care Subsidies
a. 3/18/14 Work Session Held
b. Going to JWM
2. HB 2041: Local governments may prohibit medical marijuana
facilities located one mile from school
a. PH held 3/4/15
b. No New Action
3. JIB 2546: E-Cigarettes/Youth Tobacco Prevention and Clean Air Act
(Support)
a. Passed House 56-2
b. Referred to Senate Health Care
c. PH held on 3/23/15
d. No New Action
4. HB 3100: Changes government framework for public health activities
(Support)
a. PH held on 3/9/15
b. Commissioner Baney Testified
c. AOC Supports
d. Work Session Scheduled on 4/3/15
iv. Revenue and Tax Issues
1. HB 2482: Requires Department of Revenue to appraise industrial.
property if improvements have real market value of more than $1.
million. (Support)
a. Passed House (59 yes, with one excused)
b. Referred to Senate Finance and Revenue
c. No New Action
3
2. HB 2483: Clarifies right to seek determination on total market value
(Support)
a. Passed House (58-0)
b. Referred to Senate Finance and Revenue
c. No New Action
3. HB 2484: Extends due date to March 15 for filing of certain property
tax returns. (Support)
a. Passed House(60-0)
b. Referred to Senate Finance and Revenue
c. No New Action
4. HB 2487: Requires collection of maximum assessed value due to
correction of square footage on property to be proportional to change
in real market value. (Support)
a. Passed House (59-0)
b. Referred to Senate Finance and Revenue
c. No New Action
v. Elections/County Clerk Issues
1. SB 27: Resolves certain contradictory provisions applicable to duties
of the county clerk. (Support)
a. Passed Senate(28-2)
b. Referred to House Rules Committee
2. SB 28: Clarifies that the county clerk may use elector registration
records,rather than physical registration cards. (Support)
a. Passed Senate(17-13)
b. Referred to House Rules
3. SB 29: Establishes procedures for electing precinct committee
persons. (Support)
4. Referred to Senate Rules Committee
a. Passed Senate Floor(18-12)
b. Referred to House Rules
IV. NEXT MEETING
a. Tuesday, April 21,2015 at 7:30am
4
Council
G.ntral Oi t. .. n.
• Tammy Baney,Chair
Commissioner,
Deschutes County
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a h
• Mike Shirtcliff,DMD, "
Vice Chair,President $
and CEO,Advantage ... $ ... t.
Dental Central Oregon Health Council Legislation
• Mike Ahern, SS 648
Commissioner,
Jefferson County Background
• Ken Fahlgren The Central Oregon Health Council (COHC) is a not-for-profit community
Commissioner, governance entity. Senate Bill 204 created the COHC in 2011 to facilitate
Crook County collaboration, regional planning, and community governance. The COHC
serves as the governing entity over the region's Coordinated Care
• Megan Haase,FNP Organization, PacificSource Community Solutions. Senate Bill 204 (SB
CEO,
Mosaic Medical 204) (subsequently codified in O.R.S. Chapter 440) will sunset on January
2, 2016. This legislation serves many purposes for the COHC and the
• Greg Hagfors CCO: it allows counties and regional partners to come together to achieve
CEO, the Triple Aim and improve the wellbeing of the region, as well as complete
Bend Memorial Clinic one Regional Health Assessment (RIBA) and one Regional Health
• Linda McCoy Improvement Plan(RHIP). It is critical that this legislation not sunset.
Citizen Representative
Highlights since SB 204 was passed in 2011
• Stephen Mann,DO • Entities with representatives on the COHC Board of Directors elected to
Board President,
Central Oregon tax themselves and fund strategic initiatives,including:
Independent Practice a Maternal child health
Association a Pediatric RN care coordination
o Transitions of care
• Joseph sluka o Multi-disciplinary pain clinic
CEO,
St Charles Health
System • The successful start-up and sustainability of the three formative
initiatives of the COHC:
• Dan Stevens o Emergency Department Navigation project with the increased
Senior VP,
Government Programs, asset of EDIE to support the project
PacificSource Health o NICU follow-up clinic
Plans o Program for Evaluation of Development and Learning (PEDAL
• Lindsey I-Iopper,JD, Clinic)
MPH
Executive Director, • Many community partners are now at operating or financial risk or
Central Oregon Health pursuing alternative payment, incentive, or withhold strategies for
Council—Ex Officio managing and delivering care to the Medicaid population in Central
Oregon.
• Successful CCO performance on Quality Incentive Measures (Q1M) in
the 2013 performance year.
5
• The COIIC and the CCO collaborated to make QIM funds available in the community to support
quality initiatives,including:
o Grants to study incentives for adolescent well care visits at school-based health centers
o A pilot project evaluating unrnet transportation needs for Medicaid members
o A grant to provide SBIRT training
o A grant to reimburse providers for Suboxone training costs
o A pilot project to ensure access and continuity of dental care for Medicaid-enrolled
children
o A grant to make a patient activation tool available to community health workers
o A pilot project to develop a musculoskeletal medical neighborhood model of care
o Grants to test SBIRT provider incentives
• The COHC and the CCO collaborated to disburse Transformation Funds to support
community initiatives:
o Pediatric Health Engagement Team
o Clinical Pharmacy Services
o Patient Support Fund
o Community Paramedicine Project and Medical Transportation System Optimization
o Creating Infrastructure to Evaluate a Global Payment in Integrated Primary Care
Practices
o Bending the OHP Dentistry Cost Curve in Central Oregon
o Pediatric Hospitalist Program
o Telemedicine: Bridging Specialty Care Barriers
o Member Engagement
o Maternal Child Health Initiative
Proposed Updated Legislation: SB 648
• Retains most of the language from Senate Bill 204 and provides flexibility for the COHC to
grow and meet future needs.
• Increases the number of Board members from 11 to 15 to reflect stakeholder needs.
• Provides that Board members may serve multiple terms.
• Updates dates and session references.
• States that the COHC may manage one Community Advisory Council(CAC)to satisfy the
requirements of ORS 414-625(1)(i).
• Clarifies that the RHA and RHIP fulfill the Community Health Assessment(CHA)and
Community Health Improvement Plan(CHIP)requirements for the CCO.
Benefits:
Benefits include improved population health,satisfaction,and shared savings through
collaboration;regional health planning; and effective resource management.
Contacts:
Commissioner Tammy Baney, Chair, Central Oregon Health Council, 541-388-6567,
tammyb @deschutes.org
Lindsey Hopper,Executive Director, Central Oregon Health Council, 541-306-3523,
lindsey.hopper @cohealthcouncil.org
6
'78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
Senate Bill 941
Sponsored by Senators PROZANSKI, BURDICK, Representatives WILLIAMSON, HOYLE; Senators BATES,
DEMBROW, HASS, MONNES ANDERSON, MONROE, RILEY, ROSENBAUM, STEINER HAYWARD, Repre-
sentatives BARNHART, BUCKLEY, DOHERTY, FAGAN, FREDERICK, GORSEK, GREENLICK, IIOLVEY,
KENY-GUYER, LININGER, MCLAIN, SMITH WARNER, VEGA PEDERSON
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure as introduced.
Requires private person to complete transfer of firearm by appearing with transferee before gun
dealer to request criminal background check, Specifies exceptions for family members, law enforce-
ment, inherited firearms and certain temporary transfers. Punishes violation by maximum of one
year's imprisonment, $6,250 fine, or both, or maximum of 10 years' imprisonment, $250,000 fine, or
both, for second or subsequent offense.
Requires Department of State Police to notify local law enforcement agency when, during
criminal background check performed prior to transfer of firearm, department determines that re-
cipient is prohibited from possessing firearm.
Authorizes court to prohibit person ordered to participate in assisted outpatient treatment from
purchasing or possessing firearm during period of treatment if certain criteria are met.
Declares emergency, effective on passage.
1 A BILL FOR AN ACT
2 Relating to firearms; creating new provisions; amending ORS 166.250, 166.291, 166.412, 166.422,
3 166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and 426.133; and de-
4 Glaring an emergency.
5 Be It Enacted by the People of the State of Oregon:
6 SECTION 1. Section 2 of this 2015 Act and the amendments to ORS 166.250, 166.291,
7 166.412, 166,422, 166.432, 166.433, 166.434, 166.436, 166.438, 166.460, 166.470, 181.150, 181.740 and
8 426.133 by sections 3 to 19 of this 2015 Act shall be known and may be cited as the "Oregon
9 Firearms Safety Act."
10 SECTION 2. (1) As used in this section:
11 (a) "Transfer" means the delivery of a firearm from a transferor to a transferee, in-
12 eluding, but not limited to, the sale, gift, loan or lease of the firearm. "Transfer" does not
13 include the temporary provision of a firearm to a transferee if the transferor has no reason
14 to believe the transferee is prohibited from possessing a firearm or intends to use the
15 firearm in the commission of a crime, and the provision occurs:
16 (A) At a shooting range, shooting gallery or other area designed for the purpose of target
17 shooting, for use during target practice, a firearms safety or training course or class or a
18 similar lawful activity;
19 (B) For the purpose of hunting, trapping or target shooting, during the time in which the
20 transferee is engaged in activities related to hunting, trapping or target shooting;
21 (C) Under circumstances in which the transferee and the firearm are in the presence of
22 the transferor;
23 (D) To a transferee who is in the business of repairing firearms, for the time during
24 which the firearm is being repaired;
NOTE: Matter in boldfaced type in an amended section is new;matter litalic and bracketed]is existing law to be omitted.
New sections are in boldfaced type.
1C 4123
7
SB 941
1 (E) To a transferee who is in the business of making or repairing custom accessories for
2 firearms, for the time during which the accessories are being made or repaired; or
3 (F) For the purpose of preventing imminent death or serious physical injury, and the
4 provision lasts only as long as is necessary to prevent the death or serious physical injury.
5 (b) "Transferee" means a person who is not a gun dealer or licensed as a manufacturer
6 or importer under 18 U.S.C. 923 and who intends to receive a firearm from a transferor.
7 (c) "Transferor" means a person who is not a gun dealer or licensed as a manufacturer
8 or importer under 18 U.S.C. 923 and who intends to deliver a firearm to a transferee.
9 (2) Except as provided in ORS 166.436 and 166.438 and subsection (4) of this section, a
10 transferor may not transfer a firearm to a transferee unless the transfer is completed
11 through a gun dealer as described in subsection (8) of this section.
12 (3)(a) A transferor may transfer a firearm to a transferee only as provided in this sec-
13 tion. Both the transferor and the transferee must first appear in person before a gun dealer,
14 with the firearm, and request that the gun dealer perform a criminal background check on
15 the transferee.
16 (b) A gun dealer who agrees to complete a transfer of a firearm under this section shall
17 request a criminal history record check as described in ORS 166.412 and shall comply with
18 all requirements of federal law as though transferring the firearm from the gun dealer's in-
19 ventory.
20 (c) If, upon completion of a criminal background check, the gun dealer:
21 (A) Receives a unique approval number from the Department of State Police indicating
22 that the transferee is qualified to complete the transfer, the gun dealer shall notify the
23 transferor and the transferor may transfer the firearm to the transferee.
24 (B) Receives notification that the transferee is prohibited by state or federal law from
25 possessing or receiving the firearm, the gun dealer shall notify the transferor and return the
26 firearm to the transferor and the transferor may not transfer the firearm to the transferee.
27 (d) A gun dealer may charge a reasonable fee for facilitating a firearm transfer pursuant
28 to this section.
29 (4) The requirements of subsections (2) and (3) of this section do not apply to:
30 (a) The transfer of a firearm by or to a law enforcement agency, or by or to a law
31 enforcement officer, private security professional or member of the Armed Forces of the
32 United States, while that person is acting within the scope of official duties.
33 (b) The transfer of a firearm as part of a firearm turn-in or buyback event, in which a
34 law enforcement agency receives or purchases firearms from members of the public.
35 (c) The transfer of a firearm to:
36 (A) A transferor's spouse or domestic partner;
37 (B) A transferor's parent or stepparent;
38 (C) A transferor's child or stepchild;
39 (D) A transferor's sibling;
40 (E) A transferor's grandparent;
41 (F) A transferor's grandchild;
42 (G) A transferor's aunt or uncle;
43 (H) A transferor's first cousin;
44 (I) A transferor's niece or nephew; or
45 (J) The spouse or domestic partner of a person specified in subparagraphs (B) to (I) of
[2]
8
SE 941
1 this paragraph.
2 (d) The transfer of a firearm that occurs because of the death of the firearm owner,
3 provided that:
4 (A) The transfer is conducted or facilitated by a personal representative, as defined in
5 ORS 111.005, or a trustee of a trust created in a will; and
6 (B) The transferee is related to the deceased firearm owner in a manner specified in
7 paragraph (c) of this subsection.
S (5)(a) A transferor who fails to comply with the requirements of this section commits a
9 Class A misdemeanor.
10 (b) Notwithstanding paragraph (a) of this subsection, a transferor who fails to comply
11 with the requirements of this section commits a Class B felony if the transferor has a pre-
12 vious conviction under this section at the time of the offense.
13 SECTION 3. ORS 166.436 is amended to read:
14 166.436. (1) The Department of State Police shall make the telephone number established under
15 ORS 166.412 (5) available for requests for criminal background checks under this section from
16 persons [other than] who are not gun dealers and who are transferring firearms at gun shows
17 [for criminal background checks under this section].
18 (2) Prior to transferring a firearm at a gun show, a transferor [other than] who is not a gun
19 dealer may request by telephone that the department conduct a criminal background check on the
20 recipient and shall provide the following information to the department:
21 (a) The name, address and telephone number of the transferor;
22 (b) The make, model, caliber and manufacturer's number of the firearm being transferred;
23 (c) The name, date of birth, race, sex and address of the recipient;
24 (d) The Social Security number of the recipient if the recipient voluntarily provides that number;
25 (e) The address of the place where the transfer is occurring; and
26 (f) The type, issuer and identification number of a current piece of identification bearing a re-
27 cent photograph of the recipient presented by the recipient. The identification presented by the re-
28 cipient must meet the requirements of ORS 166.412 (4)(a),
29 (3)(a) Upon receipt of a request for a criminal background check under this section, the de-
30 partment shall immediately, during the telephone call or by return call:
31 (A) Determine from criminal records and other information available to it whether the recipient
32 is disqualified under ORS 166.470 from completing the transfer or is otherwise prohibited by state
33 or federal law from possessing a firearm; and
34 (B) Notify the transferor when a recipient is disqualified from completing the transfer or provide
35 the transferor with a unique approval number indicating that the recipient is qualified to complete
36 the transfer. The unique approval number is a permit valid for 24 hours for the requested transfer.
37 If the firearm is not transferred from the transferor to the recipient within 24 hours after receipt
38 of the unique approval number, a new request must be made by the transferor.
39 (b) If the department is unable to determine whether the recipient is qualified for or disqualified
40 from completing the transfer within 30 minutes of receiving the request, the department shall notify
41 the transferor and provide the transferor with an estimate of the time when the department will
42 provide the requested information.
43 (4) A public employee or public agency incurs no criminal or civil liability for performing the
44 criminal background checks required by this section, provided the employee or agency acts in good
45 faith and without malice.
[3]
9
SB 941
1 (5)(a) The department may retain a record of the information obtained during a request for a
2 criminal background check under this section for the period of time provided in ORS 166.412 (7).
3 (b) The record of the information obtained during a request for a criminal background check
4 under this section is exempt from disclosure under public records law.
5 (c) If the department determines that a recipient is prohibited from possessing a firearm
6 under ORS 166.250 (1)(c), as soon as practicable, the department shall report the attempted
7 transfer and the recipient's name to the sheriff of the county in which the recipient is at-
8 tempting to complete the transfer of the firearm, and, if applicable, to the chief of police of
9 the city in which the recipient is attempting to complete the transfer of the firearm.
10 (6) The recipient of the firearm must be present when the transferor requests a criminal back-
11 ground check under this section.
12 (7)(a) Except as otherwise provided in [paragraphs (b) and (c)] paragraph (b) of this subsection,
13 a transferor who receives notification under this section that the recipient is qualified to complete
14 the transfer of a firearm, has the recipient fill out the form required by ORS 166.438 (1)(a) and
15 retains the form as required by ORS 166.438 (2) is immune from civil liability for any use of the
16 firearm from the time of the transfer unless the transferor knows, or reasonably should know, that
17 the recipient is likely to commit an unlawful act involving the firearm.
18 [(b) If the transferor is required to request a criminal background check under ORS 166.438, the
19 immunity provided by paragraph (a) of this subsection applies only if, in addition to receiving the no-
20 tification required by this section, the transferor has the recipient fill out the form required by ORS
21 166.438 (1)(a) and retains the form as required by ORS 166.438 (2).]
22 [(c)] (b) The immunity provided by paragraph (a) of this subsection does not apply:
23 (A) If the transferor knows, or reasonably should know, that the recipient of the firearm intends
24 to deliver the firearm to a third person who the transferor knows, or reasonably should know, may
25 not lawfully possess the firearm; or
26 (B) In any product liability civil action under ORS 30.900 to 30.920.
27 SECTION 4. ORS 166.412 is amended to read:
28 166.412. (1) As used in this section:
29 (a) "Antique firearm" has the meaning given that term in 18 U.S.C. 921;
30 (b) "Department" means the Department of State Police;
31 (c) "Firearm" has the meaning given that term in ORS 166.210, except that it does not include
32 an antique firearm;
33 (d) "Firearms transaction record" means the firearms transaction record required by 18 U.S.C.
34 921 to 929;
35 (e) "Firearms transaction thumbprint form" means a form provided by the department under
36 subsection (11) of this section;
37 (f) "Gun dealer" means a person engaged in the business, as defined in 18 U.S.C. 921, of selling,
38 leasing or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker or
39 otherwise;
40 (g) "Handgun" has the meaning given that term in ORS 166.210; and
41 (h) "Purchaser" means a person who buys, leases or otherwise receives a firearm from a gun
42 dealer.
43 (2) Except as provided in subsections (3)(c) and (12) of this section, a gun dealer shall comply
44 with the following before a handgun is delivered to a purchaser:
45 (a) The purchaser shall present to the dealer current identification meeting the requirements
14]
10
SB 941
1 of subsection (4) of this section.
2 (b) The gun dealer shall complete the firearms transaction record and obtain the signature of
3 the purchaser on the record,
4 (c) The gun dealer shall obtain the thumbprints of the purchaser on the firearms transaction
5 thumbprint form and attach the form to the gun dealer's copy of the firearms transaction record to
6 be filed with that copy.
7 (d) The gun dealer shall request by telephone that the department conduct a criminal history
8 record check on the purchaser and shall provide the following information to the department:
9 (A) The federal firearms license number of the gun dealer;
10 (B) The business name of the gun dealer;
11 (C) The place of transfer;
12 (D) The name of the person making the transfer;
13 (E) The make, model, caliber and manufacturer's number of the handgun being transferred;
14 (F) The name and date of birth of the purchaser;
15 (G) The Social Security number of the purchaser if the purchaser voluntarily provides this
16 number to the gun dealer; and
17 (H) The type, issuer and identification number of the identification presented by the purchaser.
18 (e) The gun dealer shall receive a unique approval number for the transfer from the department
19 and record the approval number on the firearms transaction record and on the firearms transaction
20 thumbprint form.
21 (1) The gun dealer may destroy the firearms transaction thumbprint form five years after the
22 completion of the firearms transaction thumbprint form.
23 (3)(a) Upon receipt of a request of the gun dealer for a criminal history record check, the de-
24 partment shall immediately, during the gun dealer's telephone call or by return call:
25 (A) Determine, from criminal records and other information available to it, whether the pur-
26 chaser is disqualified under ORS 166.470 from completing the purchase; and
27 (B) Notify the dealer when a purchaser is disqualified from completing the transfer or provide
28 the dealer with a unique approval number indicating that the purchaser is qualified to complete the
29 transfer.
30 (b) If the department is unable to determine if the purchaser is qualified or disqualified from
31 completing the transfer within 30 minutes, the department shall notify the dealer and provide the
32 dealer with an estimate of the time when the department will provide the requested information.
33 (c) If the department fails to provide a unique approval number to a gun dealer or to notify the
34 gun dealer that the purchaser is disqualified under paragraph (a) of this subsection before the close
35 of the gun dealer's next business day following the request by the dealer for a criminal history re-
36 cord check, the dealer may deliver the handgun to the purchaser.
37 (4)(a) Identification required of the purchaser under subsection (2) of this section shall include
38 one piece of current identification bearing a photograph and the date of birth of the purchaser that:
39 (A) Is issued under the authority of the United States Government, a state, a political subdivi-
40 sion of a state, a foreign government, a political subdivision of a foreign government, an interna-
41 tional governmental organization or an international quasi-governmental organization; and
42 (B) Is intended to be used for identification of an individual or is commonly accepted for the
43 purpose of identification of an individual.
44 (b) If the identification presented by the purchaser under paragraph (a) of this subsection does
45 not include the current address of the purchaser, the purchaser shall present a second piece of
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1 current identification that contains the current address of the purchaser. The Superintendent of
2 State Police may specify by rule the type of identification that may be presented under this para-
3 graph.
4 (c) The department may require that the dealer verify the identification of the purchaser if that
5 identity is in question by sending the thumbprints of the purchaser to the department.
6 (5) The department shall establish a telephone number that shall be operational seven days a
7 week between the hours of 8 a,m. and 10 p.m. for the purpose of responding to inquiries from
9 dealers for a criminal history record check under this section.
9 (6) No public employee, official or agency shall be held criminally or civilly liable for performing
10 the investigations required by this section provided the employee, official or agency acts in good
11 faith and without malice,
12 (7)(a) The department may retain a record of the information obtained during a request for a
13 criminal [records] history record check for no more than five years.
14 (b) The record of the information obtained during a request for a criminal [records] history
15 record check by a gun dealer is exempt from disclosure under public records law.
16 (c) If the department determines that a purchaser is prohibited from possessing a
17 firearm under ORS 166.250 (1)(c), as soon as practicable, the department shall report the
18 attempted transfer and the purchaser's name to the sheriff of the county in which the pur-
19 chaser is attempting to complete the transfer of the firearm, and, if applicable, to the chief
20 of police of the city in which the purchaser is attempting to complete the transfer of the
21 firearm.
22 (8) A law enforcement agency may inspect the records of a gun dealer relating to transfers of
23 handguns with the consent of a gun dealer in the course of a reasonable inquiry during a criminal
24 investigation or under the authority of a properly authorized subpoena or search warrant.
25 (9) When a handgun is delivered, it shall be unloaded.
26 (10) In accordance with applicable provisions of ORS chapter 183, the Superintendent of State
27 Police may adopt rules necessary for:
28 (a) The design of the firearms transaction thumbprint form;
29 (b) The maintenance of a procedure to correct errors in the criminal records of'the department;
30 (c) The provision of a security system to identify dealers who request a criminal history record
31 check under subsection (2) of this section; and
32 (d) The creation and maintenance of a database of the business hours of gun dealers.
33 (11) The department shall publish the firearms transaction thumbprint form and shall furnish the
34 form to gun dealers on application at cost.
35 (12) This section does not apply to transactions between persons licensed as dealers under 18
36 U,S.C. 923.
37 (13)(a) If requested by a transferor who is not a gun dealer, a gun dealer may request a
38 criminal background check pursuant to ORS 166.438 or section 2 of this 2015 Act and may
39 charge a reasonable fee for providing the service.
40 (b) A gun dealer that requests a criminal background check under this subsection is
41 immune from civil liability for any use of the firearm by the recipient or transferee,provided
42 that the gun dealer requests the criminal background check as described in this section.
43 SECTION 5. ORS 166,422 is amended to read:
44 166.422. Where appropriate, a person may enforce the legal duties imposed by ORS 166.412
45 (7)(a) or (b), by the provisions of ORS 30.260 to 30.300 and ORS chapter 183.
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1 SECTION 6. ORS 166.432 is amended to read:
2 166.432. (1)As used in ORS 166.412, 166.433, 166.434, 166.436 and 166.438 and section 2 of this
3 2015 Act, "criminal background check" or "criminal history record check" means determining the
4 eligibility of a person to purchase or possess a firearm by reviewing state and federal databases
5 including, but not limited to, the:
6 (a) Oregon computerized criminal history system;
7 (b) Oregon mental health data system;
8 (c) Law Enforcement Data System;
9 (d) National Instant Criminal Background Check System; and
10 (e) Stolen,guns system.
11 (2) As used in ORS 166.433, 166.434, 166.436, 166.438 and 166.441 and section 2 of this 2015
12 Act:
13 (a) "Gun dealer" has the meaning given that term in ORS 166.412.
" than 25 firearms are on site and available for
14 (b) "Gun show" means an event at which more
15 transfer.
16 SECTION 7. ORS 166.433 is amended to read:
17 166.433. The people of this state find that:
18 (1) The laws of Oregon regulating the sale of firearms contain a loophole that allows people
19 other than gun dealers to sell firearms at gun shows without first conducting criminal background
20 checks; and
21 (2) It is necessary for the safety of the people of Oregon that any person who transfers a firearm
22 at a gun show be required to request a criminal background check before completing the transfer
23 of the firearm.[; and]
24 [(3) It is in the best interests of the people of Oregon that any person who transfers a firearm at
25 any location other than a gun show be allowed to voluntarily request a criminal background check
26 before completing the transfer of the firearm.]
27 SECTION 8. ORS 166.434 is amended to read:
28 166.434. (1) Notwithstanding the fact that ORS 166.412 requires a gun dealer to request a crim-
29 final history record check only when transferring a handgun, a gun dealer shall comply with the
30 requirements of ORS 166.412 before transferring any firearm to a purchaser. The provisions of ORS
31 166.412 apply to the transfer of firearms other than handguns to the same extent that they apply to
32 the transfer of handguns.
33 (2) In addition to the determination required by ORS 166.412 (3)(a)(A), in conducting a criminal
34 background check or criminal history record check, the Department of State Police shall also de-
35 termine whether the recipient is otherwise prohibited by state or federal law from possessing a
36 firearm.
37 (3) Notwithstanding ORS 166.412 (5), the department is not required to operate the telephone
38 number established under ORS 166.412 (5) on Thanksgiving Day or Christmas Day.
39 (4)(a)The department may charge a fee, not to exceed the amount authorized under ORS 166.414,
40 for criminal background checks required under this section or ORS 166.436 or section 2 of this
41 2015 Act.
42 (b) The department shall establish a reduced fee for subsequent criminal background checks on
43 the same recipient that are performed during the same day between the hours of 8 a.m. and 10 p.m.
44 SECTION 9. ORS 166,438 is amended to read:
45 166.438. (1) A transferor [other than] who is not a gun dealer may not transfer a firearm at a
[7)
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1 gun show unless the transferor;
2 (a)(A) Requests a criminal background check under ORS 166.436 prior to completing the trans-
3 fer;
4 (13) Receives [notification] a unique approval number from the Department of State Police
5 indicating that the recipient is qualified to complete the transfer; and
6 (C) Has the recipient complete the form described in ORS 166.441; or
7 (b) Completes the transfer through a gun dealer.
8 (2) The transferor shall retain the completed form referred to in subsection (1) of this section
9 for at least five years and shall make the completed form available to law enforcement agencies for
10 the purpose of criminal investigations.
11 (3)A person who organizes a gun show shall post in a prominent place at the gun show a notice
12 explaining the requirements of subsections (1) and (2) of this section. The person shall provide the
13 form required by subsection (1) of this section to any person transferring a firearm at the gun show.
14 (4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under
15 18 U.S.C. 923.
16 (5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a
17 Class A misdemeanor.
18 (b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements
19 of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous
20 convictions under this section.
21 (6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that
22 the person did not know, or reasonably could not know, that more than 25 firearms were at the site
23 and available for transfer.
24 SECTION 10. ORS 181.150 is amended to read:
25 181.150. (1) The State of Oregon shall provide the members of the state police with emergency
26 outfits, weapons and motor vehicles and all other emergency and first-aid supplies and equipment
27 necessary to carry out the public safety functions of the Department of State Police.
28 (2)(a) The property described in subsection (1) of'this section remains the property of this state
29 with the exception of a retiring or deceased officer's department-issued service weapon, which may
30 be sold by the department to the officer or, in the case of a deceased officer, to a member of the
31 officer's family, upon the officer's retirement or death, and the officer's badge, which may be given
32 to the officer or, in the case of a deceased officer, to a member of the deceased officer's family, upon
33 the officer's retirement or death.
34 (b) A service weapon sold pursuant to this subsection must be sold for its fair market value.
35 (c) A badge given to an officer or an officer's family member pursuant to this subsection must
36 be marked to indicate the officer's retirement status and may not be used for official police iden-
37 tification other than as a memento of service to the department.
38 (3) Surplus, obsolete or unused property, supplies or equipment must be disposed of by the
39 Oregon Department of Administrative Services as provided in ORS 279A.280.
40 (4)(a) For purposes of ORS chapters 279A and 279B, the sale of a service weapon to a retiring
41 officer by the department is not a public contract and is not subject to the competitive bidding re-
42 quirements of ORS chapters 279A and 2798.
43 (b) The provisions of ORS 166.412 and section 2 of this 2015 Act do not apply to transfers of
44 firearms pursuant to this section.
45 SECTION 11. ORS 426.133 is amended to read:
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1 426.133. (1) As used in ORS 426.005 to 426.390, "assisted outpatient treatment" may not be con-
2 strued to be a commitment under ORS 426.130 and does not include taking a person into custody
3 or the forced medication of a person.
4 (2) A court may issue an order requiring a person to participate in assisted outpatient treatment
5 if the court finds that the person:
6 (a)(A) Is 18 years of age or older;
7 (B) Has a mental disorder;
8 (C) Will not obtain treatment in the community voluntarily; and
9 (D) Is unable to make an informed decision to seek or to comply with voluntary treatment; and
10 (b) As a result of being a person described in paragraph (a) of this subsection:
it (A) Is incapable of surviving safely in the community without treatment; and
12 (B) Requires treatment to prevent a deterioration in the person's condition that will predictably
13 result in the person becoming a person with mental illness.
14 (3) In determining whether to issue the order under subsection (2) of this section, the court shall
15 consider, but is not limited to considering, the following factors:
16 (a) The person's ability to access finances in order to get food or medicine.
17 (b) The person's ability to obtain treatment for the person's medical condition.
18 (c) The person's ability to access necessary resources in the community without assistance.
19 (d) The degree to which there are risks to the person's safety.
20 (e) The likelihood that the person will decompensate without immediate care or treatment.
21 (f) The person's previous attempts to inflict physical injury on self or others.
22 (g) The person's history of mental health treatment in the community.
23 (h) The person's patterns of decompensation in the past.
24 (i) The person's risk of being victimized or harmed by others.
25 (j) The person's access to the means to inflict harm on self or others.
26 (4) The community mental health program director may recommend to the court a treatment
27 plan for a person participating in assisted outpatient treatment. The court may adopt the plan as
28 recommended or with modifications.
29 (5) As part of the order under subsection (2) of this section, the court may prohibit the
30 person from purchasing or possessing a firearm during the period of assisted outpatient
31 treatment if, in the opinion of the court, there is a reasonable likelihood the person would
32 constitute a danger to self or others or to the community at large as a result of the person's
33 mental or psychological state, as demonstrated by past behavior or participation in incidents
34 involving unlawful violence or threats of unlawful violence, or by reason of a single incident
35 of extreme, violent, unlawful conduct. When a court adds a firearm prohibition to an order
36 under subsection (2) of this section, the court shall cause a copy of the order to be delivered
37 to the sheriff of the county, who shall enter the information into the Law Enforcement Data
38 System.
39 [(5)] (6) The court retains jurisdiction over the person until the earlier of the end of the period
40 of the assisted outpatient treatment established under ORS 426.130 (2) or until the court finds that
41 the person no longer meets the criteria in subsection (2) of this section.
42 [(6)] (7) This section does not:
43 (a) Prevent a court from appointing a guardian ad litem to act for the person; or
44 (b) Require a county to provide treatment or services to, or supervision of, the person if the
45 county lacks sufficient funds for such purposes.
[9]
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1 SECTION 12. ORS 166.250 is amended to read:
2 166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274,
3 166.291, 166.292 or 166.410 to 166.470 or section 5, chapter 826, Oregon Laws 2009, a person commits
4 the crime of unlawful possession of a firearm if the person knowingly:
5 (a) Carries any firearm concealed upon the person;
6 (b) Possesses a handgun that is concealed and readily accessible to the person within any vehi-
7 cle; or
8 (c) Possesses a firearm and:
9 (A) Is under 18 years of age;
10 (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having
11 committed an act which, if committed by an adult, would constitute a felony or a misdemeanor in-
12 volving violence, as defined in ORS 166.470; and
13 (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being
14 charged under this section;
15 (C) Has been convicted of a felony;
16 (D) Was committed to the Oregon Health Authority under ORS 426,130;
17 (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that
18 the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
19 (or]
2R (F) Is presently subject to an order under ORS 426.133 prohibiting the person from pur-
21 chasing or possessing a firearm; or
22 [(F)] (G) Has been found guilty except for insanity under ORS 161.295 of a felony,
23 (2) This section does not prohibit:
24 (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from pos-
26 sessing a firearm:
26 (A) Other than a handgun, if the firearm was transferred to the minor by the minor's parent or
27 guardian or by another person with the consent of the minor's parent or guardian; or
28 (B) Temporarily for hunting, target practice or any other lawful purpose; or
29 (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily
30 sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270
31 and subsection (1) of this section, from owning, possessing or keeping within the person's place of
32 residence or place of business any handgun, and no permit or license to purchase, own, possess or
33 keep any such firearm at the person's place of residence or place of business is required of any such
34 citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle
35 while used, for whatever period of time, as residential quarters.
36 (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
37 (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily ac-
38 cessible within the meaning of this section if the handgun is within the passenger compartment of
39 the vehicle.
40 (b) If a vehicle, other than a vehicle described in paragraph (c) of this subsection, has no storage
41 location that is outside the passenger compartment of the vehicle, a handgun is not readily acces-
42 sible within the meaning of this section if:
43 (A) The handgun is stored in a closed and locked glove compartment, center console or other
44 container; and
45 (B) The key is not inserted into the lock, if the glove compartment, center console or other
[10]
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1 container unlocks with a key.
2 (c) If a vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not readily
3 accessible within the meaning of this section if:
4 (A) The handgun is in a locked container within or affixed to the vehicle; or
5 (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
6 discharge of the firearm.
7 (5) Unlawful possession of a firearm is a Class A misdemeanor.
8 SECTION 13. ORS 166.250, as amended by section 11a, chapter 826, Oregon Laws 2009, section
9 2, chapter 662, Oregon Laws 2011, and section 7, chapter 360, Oregon Laws 2013, is amended to
10 read:
11 166.250. (1) Except as otherwise provided in this section or ORS 166.260, 166.270, 166.274,
12 166.291, 166.292 or 166.410 to 166.470, a person commits the crime of unlawful possession of a firearm
13 if the person knowingly:
14 (a) Carries any firearm concealed upon the person;
15 (b) Possesses a handgun that is concealed and readily accessible to the person within any vehi-
16 cle; or
17 (c) Possesses a firearm and:
18 (A) Is under 18 years of age;
19 (B)(i) While a minor, was found to be within the jurisdiction of the juvenile court for having
20 committed an act which, if committed by an adult, would constitute a felony or a misdemeanor in-
21 volving violence, as defined in ORS 166.470; and
22 (ii) Was discharged from the jurisdiction of the juvenile court within four years prior to being
23 charged under this section;
24 (C) Has been convicted of a felony;
25 (D) Was committed to the Oregon Health Authority under ORS 426.130;
26 (E) Was found to be a person with mental illness and subject to an order under ORS 426.130 that
27 the person be prohibited from purchasing or possessing a firearm as a result of that mental illness;
28 (or]
29 (F) Is presently subject to an order under ORS 426.133 prohibiting the person from pur-
30 chasing or ossessin firearm; or
p ga
31 [(F)] (G) Has been found guilty except for insanity under ORS 161.295 of a felony.
32 (2) This section does not prohibit:
33 (a) A minor, who is not otherwise prohibited under subsection (1)(c) of this section, from pos-
34 sessing a firearm:
35 (A) Other than a handgun, if the firearm was transferred to the minor by the minor's parent or
36 guardian or by another person with the consent of the minor's parent or guardian; or
37 (B) Temporarily for hunting, target practice or any other lawful purpose; or
38 (b) Any citizen of the United States over the age of 18 years who resides in or is temporarily
39 sojourning within this state, and who is not within the excepted classes prescribed by ORS 166.270
40 and subsection (1) of this section, from owning, possessing or keeping within the person's place of
41 residence or place of business any handgun, and no permit or license to purchase, own, possess or
42 keep any such firearm at the person's place of residence or place of business is required of any such
43 citizen. As used in this subsection, "residence" includes a recreational vessel or recreational vehicle
44 while used, for whatever period of time, as residential quarters.
45 (3) Firearms carried openly in belt holsters are not concealed within the meaning of this section.
[11]
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1 (4)(a) Except as provided in paragraphs (b) and (c) of this subsection, a handgun is readily ac-
2 cessible within the meaning of this section if the handgun is within the passenger compartment of
3 the vehicle,
4 (b) If a vehicle, other than a vehicle described in paragraph(c) of this subsection, has no storage
5 location that is outside the passenger compartment of the vehicle, a handgun is not readily acces-
6 sible within the meaning of this section if:
7 (A) The handgun is stored in a closed and locked glove compartment, center console or other
8 container; and
9 (B) The key is not inserted into the lock, if the glove compartment, center console or other
10 container unlocks with a key.
11 (c) If the vehicle is a motorcycle, an all-terrain vehicle or a snowmobile, a handgun is not
12 readily accessible within the meaning of this section if:
1.3 (A) The handgun is in a locked container within or affixed to the vehicle; or
14 (B) The handgun is equipped with a trigger lock or other locking mechanism that prevents the
15 discharge of the firearm.
16 (5) Unlawful possession of a firearm is a Class A misdemeanor.
17 SECTION 14. ORS 166.460 is amended to read:
18 166.460. (1) ORS 166.250, 166.260, 166.291 to 166.295, 166.410, 166,412, 166,425, 166.434, 166.438
19 and 166.450 do not apply to antique firearms.
20 (2) Notwithstanding the provisions of subsection (1) of this section, possession of an antique
21 firearm by a person described in ORS 166.250 (1)(c)(B) to (D) or [(F)] (G) constitutes a violation of
22 ORS 166.250.
23 SECTION 15. ORS 166.291, as amended by section 1, chapter 62, Oregon Laws 2014, is amended
24 to read:
25 166.291. (1) The sheriff of a county, upon a person's application for an Oregon concealed
26 handgun license, upon receipt of the appropriate fees and after compliance with the procedures set
27 out in this section, shall issue the person a concealed handgun license if the person:
28 (a)(A) Is a citizen of the United States; or
29 (B) Is a legal resident alien who can document continuous residency in the county for at least
30 six months and has declared in writing to the United States Citizenship and Immigration Services
31 the intent to acquire citizenship status and can present proof of the written declaration to the
32 sheriff at the time of application for the license;
33 (b) Is at least 21 years of age;
34 (c) Is a resident of the county;
35 (d) Has no outstanding warrants for arrest;
36 (e) Is not free on any form of pretrial release;
37 (f) Demonstrates competence with a handgun by any one of the following:
38 (A) Completion of any hunter education or hunter safety course approved by the State Depart-
39 ment of Fish and Wildlife or a similar agency of another state if handgun safety was a component
{
40 of the course;
41 (B) Completion of any National Rifle Association firearms safety or training course if handgun
42 safety was a component of the course;
43 (C) Completion of any firearms safety or training course or class available to the general public
44 offered by law enforcement, community college, or private or public institution or organization or
45 firearms training school utilizing instructors certified by the National Rifle Association or a law
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1 enforcement agency if handgun safety was a component of the course;
2 (D) Completion of any law enforcement firearms safety or training course or class offered for
3 security guards, investigators, reserve law enforcement officers or any other law enforcement offi-
4 cars if handgun safety was a component of the course;
5 (E) Presents evidence of equivalent experience with a handgun through participation in organ-
6 ized shooting competition or military service;
7 (F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been
8 revoked; or
9 (G) Completion of any firearms training or safety course or class conducted by a firearms in-
10 structor certified by a law enforcement agency or the National Rifle Association if handgun safety
11 was a component of the course;
12 (g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295,
13 of a felony;
14 (h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS
15 161.295, of a misdemeanor within the four years prior to the application, including a misdemeanor
16 conviction for the possession of marijuana as described in paragraph (L) of this subsection;
17 (i) Has not been committed to the Oregon Health Authority under ORS 426.130;
18 (j) Has not been found to be a person with mental illness and is not subject to an order under
19 ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of
20 that mental illness;
21 (k) Has been discharged from the jurisdiction of the juvenile court for more than four years if,
22 while a minor, the person was found to be within the jurisdiction of the juvenile court for having
23 committed an act that, if committed by an adult, would constitute a felony or a misdemeanor in-
24 volving violence, as defined in ORS 166.470;
25 (L) Has not been convicted of an offense involving controlled substances or participated in a
26 court-supervised drug diversion program, except this disability does not operate to exclude a person
27 if:
28 (A) The person can demonstrate that the person has been convicted only once of a marijuana
29 possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
30 the offense, and has not completed a drug diversion program for a marijuana possession offense that
31 constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
32 (B) The person can demonstrate that the person has only once completed a drug diversion pro-
33 gram for a marijuana possession offense that constituted a misdemeanor or violation under the law
34 of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
35 constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
36 (m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866,
37 107.700 to 107.735 or 163.738;
38 (n) Has not received a dishonorable discharge from the Armed Forces of the United States;
39 [and]
40 (o) is not required to register as a sex offender in any state[.]; and
41 (p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
42 purchasing or possessing a firearm.
43 (2) A person who has been granted relief under ORS 166.274 or 166.293 or section 5, chapter 826,
44 Oregon Laws 2009, or 18 U.S.C. 925(c) or has had the person's record expunged under the laws of
45 this state or equivalent laws of other jurisdictions is not subject to the disabilities in subsection
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1 (1)(g) to (L) of this section.
2 (3) Before the sheriff may issue a license:
3 (a) The application must state the applicant's legal name, current address and telephone number,
4 date and place of birth, hair and eye color and height and weight. The application must also list the
5 applicant's residence address or addresses for the previous three years, The application must contain
6 a statement by the applicant that the applicant meets the requirements of subsection (1) of this
7 section. The application may include the Social Security number of the applicant if the applicant
8 voluntarily provides this number. The application must be signed by the applicant.
9 (b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff
10 shall fingerprint and photograph the applicant and shall conduct any investigation necessary to
11 corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal
12 records check is necessary, the sheriff shall request the Department of State Police to conduct the
13 check, including fingerprint identification, through the Federal Bureau of Investigation. The Federal
14 Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records
15 check and may not keep any record of the fingerprints. The Department of State Police shall report
16 the results of the fingerprint-based criminal records check to the sheriff. The Department of State
17 Police shall also furnish the sheriff with any information about the applicant that the Department
18 of State Police may have in its possession including, but not limited to, manual or computerized
19 criminal offender information.
20 (4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon re-
21 quest. The forms shall be uniform throughout this state in substantially the following form:
22
23
24 APPLICATION FOR LICENSE TO CARRY
25 CONCEALED HANDGUN
26 Date
27 I hereby declare as follows:
28 I am a citizen of the United States or a legal resident alien who can document continuous res-
29 idency in the county for at least six months and have declared in writing to the United States Cit-
30 izenship and Immigration Services my intention to become a citizen and can present proof of the
31 written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have
32 been discharged from the jurisdiction of the juvenile court for more than four years if, while a mi-
33 nor, I was found to be within the jurisdiction of the juvenile court for having committed an act that,
34 if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined
35 in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under
36 ORS 161.295, of a felony in the State of Oregon or elsewhere. I have not, within the last four years,
37 been convicted of a misdemeanor or found guilty, except for insanity under ORS 161.295, of a
38 misdemeanor. Except as provided in ORS 166.291 (1)(L), I have not been convicted of an offense in-
39 volving controlled substances or completed a court-supervised drug diversion program. There are
40 no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not
41 been committed to the Oregon Health Authority under ORS 426.130, nor have I been found to be a
42 person with mental illness and presently subject to an order prohibiting me from purchasing or
43 possessing a firearm because of mental illness. I am not under a court order to participate in
44 assisted outpatient treatment that includes an order prohibiting me from purchasing or
45 possessing a firearm. If any of the previous conditions do apply to me, I have been granted relief
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1 or wish to petition for relief from the disability under ORS 166.274 or 166.293 or section 5, chapter
2 826, Oregon Laws 2009, or 18 U.S.C. 925(c) or have had the records expunged. I am not subject to
3 a citation issued under ORS 163.735 or an order issued under ORS 30.866, 107.700 to 107.735 or
4 163.738. I have never received a dishonorable discharge from the Armed Forces of the United States.
5 I am not required to register as a sex offender in any state. I understand I will be fingerprinted and
6 photographed.
7
8 Legal name
9 Age Date of birth
10 Place of birth
11 Social Security number
12 (Disclosure of your Social Security account number is voluntary. Solicitation of the number is au-
13 thorized under ORS 166.291. It will be used only as a means of identification.)
14
15 Proof of identification (Two pieces of current identification are required, one of which must bear a
16 photograph of the applicant. The type of identification and the number on the identification are to
17 be filled in by the sheriff.):
18 1.
19 2.
20
21 Height Weight
22 Hair color Eye color _
23
24 Current address
25 (List residence addresses for the
26 past three years on the back.)
27
28 City _ County Zip
29 Phone
30
31 I have read the entire text of this application, and the statements therein are correct and true.
32 (Making false statements on this application is a misdemeanor.)
33
34 (Signature of Applicant)
35
36 Character references.
37
38 Name Address
39
40 Name Address
41
42 Approved Disapproved by
43
44 Competence with handgun demonstrated by (to be filled in by sheriff)
45 Date Fee Paid
[15]
21
SB 941
1 License No.
2
3
4 (5)(a) Fees for concealed handgun licenses are:
5 (A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.
6 (B) $50 to the sheriff for the issuance or renewal of a concealed handgun license.
7 (C) $15 to the sheriff for the duplication of a license because of loss or change of address,
8 (b) The sheriff may enter into an agreement with the Department of Transportation to produce
9 the concealed handgun license,
10 (6) No civil or criminal liability shall attach to the sheriff or any authorized representative en-
11 gaged in the receipt and review of, or an investigation connected with, any application for, or in the
12 issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful
13 performance of duties under those sections.
14 (7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff
15 shall enter the applicant's name into the Law Enforcement Data System indicating that the person
16 is an applicant for a concealed handgun license or is a license holder.
17 (8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section
18 for a resident of a contiguous state who has a compelling business interest or other legitimate
19 demonstrated need.
20 (9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the
21 person:
22 (a) Has a current Oregon driver license issued to the person showing a residence address in the
23 county;
24 (b) Is registered to vote in the county and has a voter notification card issued to the person
25 under ORS 247.181 showing a residence address in the county;
26 (c) Has documentation showing that the person currently leases or owns real property in the
27 county; or
28 (d) Has documentation showing that the person filed an Oregon tax return for the most recent
29 tax year showing a residence address in the county.
30 (10) As used in this section, "drug diversion program" means a program in which a defendant
31 charged with a marijuana possession offense completes a program under court supervision and in
32 which the marijuana possession offense is dismissed upon successful completion of the diversion
33 program.
34 SECTION 16. ORS 166.291, as amended by section 10, chapter 826, Oregon Laws 2009, section
35 34, chapter 547, Oregon Laws 2011, section 5, chapter 243, Oregon Laws 2013, section 9, chapter 360,
36 Oregon Laws 2013, section 7, chapter 591, Oregon Laws 2013, and section 2, chapter 62, Oregon
37 Laws 2014, is amended to read:
38 166.291. (1) The sheriff of a county, upon a person's application for an Oregon concealed
39 handgun license, upon receipt of the appropriate fees and after compliance with the procedures set
40 out in this section, shall issue the person a concealed handgun license if the person:
41 (a)(A) Is a citizen of the United States; or
42 (B) Is a legal resident alien who can document continuous residency in the county for at least
43 six months and has declared in writing to the United States Citizenship and Immigration Services
44 the intent to acquire citizenship status and can present proof of the written declaration to the
45 sheriff at the time of application for the license;
[16]
22
SB 941
1 (b) Is at least 21 years of age;
2 (c) Is a resident of the county;
3 (d) Has no outstanding warrants for arrest;
4 (e) Is not free on any form of pretrial release;
5 (f) Demonstrates competence with a handgun by any one of the following:
6 (A) Completion of any hunter education or hunter safety course approved by the State Depart-
7 ment of Fish and Wildlife or a similar agency of another state if handgun safety was a component
8 of the course;
9 (B) Completion of any National Rifle Association firearms safety or training course if handgun
10 safety was a component of the course;
11 (C) Completion of any firearms safety or training course or class available to the general public
12 offered by law enforcement, community college, or private or public institution or organization or
13 firearms training school utilizing instructors certified by the National Rifle Association or a law
14 enforcement agency if handgun safety was a component of the course;
15 (D) Completion of any law enforcement firearms safety or training course or class offered for
16 security guards, investigators, reserve law enforcement officers or any other law enforcement offi-
17 cers if handgun safety was a component of the course;
18 (E) Presents evidence of equivalent experience with a handgun through participation in organ-
19 ized shooting competition or military service;
20 (F) Is licensed or has been licensed to carry a firearm in this state, unless the license has been
21 revoked; or
22 (G) Completion of any firearms training or safety course or class conducted by a firearms in-
23 structor certified by a law enforcement agency or the National Rifle Association if handgun safety
24 was a component of the course;
25 (g) Has never been convicted of a felony or found guilty, except for insanity under ORS 161.295,
26 of a felony;
27 (h) Has not been convicted of a misdemeanor or found guilty, except for insanity under ORS
28 161.295, of a misdemeanor within the four years prior to the application, including a misdemeanor
29 conviction for the possession of marijuana as described in paragraph (L) of this subsection;
30 (i) Has not been committed to the Oregon Health Authority under ORS 426.130;
31 (j) Has not been found to be a person with mental illness and is not subject to an order under
32 ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result of
33 that mental illness;
34 (k) Has been discharged from the jurisdiction of the juvenile court for more than four years if,
35 while a minor, the person was found to be within the jurisdiction of the juvenile court for having
36 committed an act that, if committed by an adult, would constitute a felony or a misdemeanor in-
37 volving violence, as defined in ORS 166.470;
38 (L) Has not been convicted of an offense involving controlled substances or participated in a
39 court-supervised drug diversion program, except this disability does not operate to exclude a person
40 if:
41 (A) The person can demonstrate that the person has been convicted only once of a marijuana
42 possession offense that constituted a misdemeanor or violation under the law of the jurisdiction of
43 the offense, and has not completed a drug diversion program for a marijuana possession offense that
44 constituted a misdemeanor or violation under the law of the jurisdiction of the offense; or
45 (B) The person can demonstrate that the person has only once completed a drug diversion pro-
[171
23
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1 gram for a marijuana possession offense that constituted a misdemeanor or violation under the law
2 of the jurisdiction of the offense, and has not been convicted of a marijuana possession offense that
3 constituted a misdemeanor or violation under the law of the jurisdiction of the offense;
4 (m) Is not subject to a citation issued under ORS 163.735 or an order issued under ORS 30.866,
5 107,700 to 107.735 or 163.738;
6 (n) Has not received a dishonorable discharge from the Armed Forces of the United States;
7 [and]
8 (o) Is not required to register as a sex offender in any state[.]; and
9 (p) Is not presently subject to an order under ORS 426.133 prohibiting the person from
10 purchasing or possessing a firearm.
11 (2) A person who has been granted relief under ORS 166.274 or 166.293 or 18 U.S.C. 925(c) or
12 has had the person's record expunged under the laws of this state or equivalent laws of other ju-
13 risdictions is not subject to the disabilities in subsection (1)(g) to (L) of this section.
14 (3) Before the sheriff may issue a license:
15 (a) The application must state the applicant's legal name, current address and telephone number,
16 date and place of birth, hair and eye color and height and weight. The application must also list the
17 applicant's residence address or addresses for the previous three years. The application must contain
18 a statement by the applicant that the applicant meets the requirements of subsection (1) of this
19 section. The application may include the Social Security number of the applicant if the applicant
20 voluntarily provides this number. The application must be signed by the applicant,
21 (b) The applicant must submit to fingerprinting and photographing by the sheriff. The sheriff
22 shall fingerprint and photograph the applicant and shall conduct any investigation necessary to
23 corroborate the requirements listed under subsection (1) of this section. If a nationwide criminal
24 records check is necessary, the sheriff shall request the Department of State Police to conduct the
25 check, including fingerprint identification, through the Federal Bureau of Investigation, The Federal
26 Bureau of Investigation shall return the fingerprint cards used to conduct the criminal records
27 check and may not keep any record of the fingerprints, The Department of State Police shall report
28 the results of the fingerprint-based criminal records check to the sheriff, The Department of State
29 Police shall also furnish the sheriff with any information about the applicant that the Department
30 of State Police may have in its possession including, but not limited to, manual or computerized •
31 criminal offender information,
32 (4) Application forms for concealed handgun licenses shall be supplied by the sheriff upon re-
33 quest. The forms shall be uniform throughout this state in substantially the following form:
34
35
36 APPLICATION FOR LICENSE TO CARRY
37 CONCEALED HANDGUN
38 Date —
39 I hereby declare as follows:
40 1 am a citizen of the United States or a legal resident alien who can document continuous res-
41 idency in the county for at least six months and have declared in writing to the United States Cit-
42 izenship and Immigration Services my intention to become a citizen and can present proof of the
43 written declaration to the sheriff at the time of this application. I am at least 21 years of age. I have
44 been discharged from the jurisdiction of the juvenile court for more than four years if, while a mi-
45 nor, I was found to be within the jurisdiction of the juvenile court for having committed an act that,
[18]
24
SE 941
1 if committed by an adult, would constitute a felony or a misdemeanor involving violence, as defined
2 in ORS 166.470. I have never been convicted of a felony or found guilty, except for insanity under
3 ORS 161.295, of a felony in the State of Oregon or elsewhere. I have not, within the last four years,
4 been convicted of a misdemeanor or found guilty, except for insanity under ORS 161,295, of a
5 misdemeanor. Except as provided in ORS 166.291 (1)(L), I have not been convicted of an offense in-
6 volving controlled substances or completed a court-supervised drug diversion program, There are
7 no outstanding warrants for my arrest and I am not free on any form of pretrial release. I have not
8 been committed to the Oregon Health Authority under ORS 426.130, nor have I been found to be a
9 person with mental illness and presently subject to an order prohibiting me from purchasing or
10 possessing a firearm because of mental illness. I am not under a court order to participate in
11 assisted outpatient treatment that includes an order prohibiting me from purchasing or
12 possessing a firearm. If any of the previous conditions do apply to me, I have been granted relief
13 or wish to petition for relief from the disability under ORS 166.274 or 166.293 or 18 U.S.C. 925(c)
14 or have had the records expunged. I am not subject to a citation issued under ORS 163.735 or an
15 order issued under ORS 30.866, 107.700 to 107.735 or 163.738. I have never received a dishonorable
16 discharge from the Armed Forces of the United States. I am not required to register as a sex
17 offender in any state. I understand I will be fingerprinted and photographed.
18
19 Legal name
20 Age Date of birth
21 Place of birth
22 Social Security number
23 (Disclosure of your Social Security account number is voluntary. Solicitation of the number is au-
24 thorized under ORS 166.291. It will be used only as a means of identification.)
25
26 Proof of identification (Two pieces of current identification are required, one of which must bear a
27 photograph of the applicant. The type of identification and the number on the identification are to
28 be filled in by the sheriff.):
29 1.
30 2.
31
32 Height Weight
33 Hair color Eye color
34
35 Current address _
36 (List residence addresses for the
37 past three years on the back.)
38
39 City County Zip
40 Phone
41
42 I have read the entire text of this application, and the statements therein are correct and true.
43 (Making false statements on this application is a misdemeanor.)
44
45 (Signature of Applicant)
[19]
25
SB 941
1 Character references.
2 -
3 Name: Address
4
5 Name: Address
6
7 Approved Disapproved by
8
9 Competence with handgun demonstrated by (to be filled in by sheriff)
10 Date Fee Paid
11 License No.
12
13
14 (5)(a) Fees for concealed handgun licenses are:
15 (A) $15 to the Department of State Police for conducting the fingerprint check of the applicant.
16 (B) $50 to the sheriff for the issuance or renewal of a concealed handgun license.
17 (C) $15 to the sheriff for the duplication of a license because of loss or change of address.
18 (b) The sheriff may enter into an agreement with the Department of Transportation to produce
19 the concealed handgun license.
20 (6) No civil or criminal liability shall attach to the sheriff or any authorized representative en-
21 gaged in the receipt and review of, or an investigation connected with, any application for, or in the
22 issuance, denial or revocation of, any license under ORS 166.291 to 166.295 as a result of the lawful
23 performance of duties under those sections.
24 (7) Immediately upon acceptance of an application for a concealed handgun license, the sheriff
25 shall enter the applicant's name into the Law Enforcement Data System indicating that the person
26 is an applicant for a concealed handgun license or is a license holder.
27 (8) The county sheriff may waive the residency requirement in subsection (1)(c) of this section
28 for a resident of a contiguous state who has a compelling business interest or other legitimate
29 demonstrated need.
30 (9) For purposes of subsection (1)(c) of this section, a person is a resident of a county if the
31 person:
32 (a) Has a current Oregon driver license issued to the person showing a residence address in the
33 county;
34 (b) Is registered to vote in the county and has a voter notification card issued to the person
35 under ORS 247.181 showing a residence address in the county;
36 (c) Has documentation showing that the person currently leases or owns real property in the
37 county; or
38 (d) Has documentation showing that the person filed an Oregon tax return for the most recent
39 tax year showing a residence address in the county.
40 (10) As used in this section, "drug diversion program" means a program in which a defendant
41 charged with a marijuana possession offense completes a program under court supervision and in
42 which the marijuana possession offense is dismissed upon successful completion of the diversion
43 program,
44 SECTION 17. ORS 166.470 is amended to read:
45 166.470. (1) Unless relief has been granted under ORS 166.274 or section 5, chapter 826, Oregon
(20)
26
SB 941
1 Laws 2009, or 18 U.S.C. 925(c) or the expunction laws of this state or an equivalent law of another
2 jurisdiction, a person may not intentionally sell, deliver or otherwise transfer any firearm when the
3 transferor knows or reasonably should know that the recipient:
4 (a) Is under 18 years of age;
5 (b) Has been convicted of a felony;
6 (c) Has any outstanding felony warrants for arrest;
7 (d) Is free on any form of pretrial release for a felony;
8 (e) Was committed to the Oregon Health Authority under ORS 426.130;
9 (1) After January 1, 1990, was found to be a person with mental illness and subject to an order
10 under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result
11 of that mental illness;
12 (g) Has been convicted of a misdemeanor involving violence or found guilty except for insanity
13 under ORS 161.295 of a misdemeanor involving violence within the previous four years. As used in
14 this paragraph, "misdemeanor involving violence" means a misdemeanor described in ORS 163.160,
15 163.187, 163.190, 163,195 or 166.155 (1xb); [or]
16 (h) Is presently subject to an order under ORS 426.133 prohibiting the person from par-
17 chasing or possessing a firearm; or
18 ((h)) (i) Has been found guilty except for insanity under ORS 161.295 of a felony.
19 (2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or
20 reasonably should know is stolen.
21 (3) Subsection (1)(a) of this section does not prohibit:
22 (a) The parent or guardian, or another person with the consent of the parent or guardian, of a
23 minor from transferring to the minor a firearm, other than a handgun; or
24 (b) The temporary transfer of any firearm to a minor for hunting, target practice or any other
25 lawful purpose.
26 (4) Violation of this section is a Class A misdemeanor.
27 SECTION 18. ORS 166.470, as amended by section 11, chapter 826, Oregon Laws 2009, and
28 section 11, chapter 360, Oregon Laws 2013, is amended to read:
29 166.470. (1) Unless relief has been granted under ORS 166.274 or 18 U.S.C. 925(c) or the
30 expunction laws of this state or an equivalent law of another jurisdiction, a person may not inten-
31 tionally sell, deliver or otherwise transfer any firearm when the transferor knows or reasonably
32 should know that the recipient:
33 (a) Is under 18 years of age;
34 (b) Has been convicted of a felony;
35 (c) Has any outstanding felony warrants for arrest;
36 (d) Is free on any form of pretrial release for a felony;
37 (e) Was committed to the Oregon Health Authority under ORS 426.130;
38 (f)After January 1, 1990, was found to be a person with mental illness and subject to an order
39 under ORS 426.130 that the person be prohibited from purchasing or possessing a firearm as a result
40 of that mental illness;
41 (g) Has been convicted of a misdemeanor involving violence or found guilty except for insanity
42 under ORS 161.295 of a misdemeanor involving violence within the previous four years. As used in
43 this paragraph, "misdemeanor involving violence" means a misdemeanor described in ORS 163.160,
44 163.187, 163.190, 163.195 or 166.155 (1)(b); [or]
45 (h) Is presently subject to an order under ORS 426.133 prohibiting the person from pur-
[21]
27
SB 941
1 chasing or possessing a firearm; or
2 [(h)] (i) Has been found guilty except for insanity under ORS 161.295 of a felony.
3 (2) A person may not sell, deliver or otherwise transfer any firearm that the person knows or
4 reasonably should know is stolen.
5 (3) Subsection (1)(a) of this section does not prohibit:
6 (a) The parent or guardian, or another person with the consent of the parent or guardian, of a
7 minor from transferring to the minor a firearm, other than a handgun; or
8 (b) The temporary transfer of any firearm to a minor for hunting, target practice or any other
9 lawful purpose.
10 (4) Violation of this section is a Class A misdemeanor.
11 SECTION 19. ORS 181.740 is amended to read:
12 181.740. (1) The Department of Human Services, the Oregon Health Authority, the Psychiatric
13 Security Review Board and the Judicial Department shall provide the Department of State Police
14 with the minimum information necessary to identify persons who:
15 (a) Have been committed by a court to the Oregon Health Authority under ORS 426.130, based
16 on a finding that the person is dangerous to self or others;
17 (b) Are subject to a court order under ORS 426.130 or 426.133 prohibiting the person from pur-
18 chasing or possessing a firearm;
19 (c) Have been committed by a court to the Department of Human Services under ORS 427.290,
20 based on a finding that the person is dangerous to self or others;
21 (d) Have been found by a court to lack fitness to proceed under ORS 161.370;
22 (e) Have been found guilty except for insanity of a crime under ORS 161.295 to 161.370;
23 (1) Have been found responsible except for insanity for an act under ORS 419C.411;
24 (g) Have been placed under the jurisdiction of the Psychiatric Security Review Board or the
25 Oregon Health Authority under ORS 161.315 to 161.351; or
26 (h) Have been committed to a state hospital or facility under ORS 161.315 to 161.351 or 419C.529
27 to 419C.544.
28 (2) Upon receipt of the information described in this section, the Department of State Police
29 shall access and maintain the information and transmit the information to the federal government
30 as required under federal law.
31 (3) The Department of Human Services, the Oregon Health Authority, the Psychiatric Security
32 Review Board and the Judicial Department shall enter into agreements with the Department of State
33 Police describing the access to information provided under this section.
34 (4) The Department of State Police shall adopt rules:
35 (a) After consulting with the Department of Human Services, the Oregon Health Authority, the
36 Psychiatric Security Review Board and the Judicial Department, describing the type of information
37 provided to the Department of State Police under this section; and
38 (b) Describing the method and manner of maintaining the information described in this section
39 and transmitting the information to the federal government.
40 (5) As used in this section, "minimum information necessary" means data elements or nominal
41 information that is necessary or required under federal law to accurately identify a person described
42 in this section and includes the person's name, date of birth, gender and reference information that
43 identifies the originating agency or court and enables the originating agency or court to locate an
44 underlying record or file of a person described in this section. "Minimum information necessary"
45 does not include any medical, psychiatric or psychological information, case histories or files of a
[22]
28
SB 941
1 person described in this section or any record or file of an originating agency or court.
2 SECTION 20. Section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433,
3 166.434, 166.438 and 181.150 by sections 6 to 10 of this 2015 Act become operative 90 days after
4 the effective date of this 2015 Act.
5 SECTION 21. The Department of State Police may take any action before the operative
6 date specified in section 20 of this 2015 Act that is necessary for the department to imple-
7 ment section 2 of this 2015 Act and the amendments to ORS 166.432, 166.433, 166.434, 166.438
8 and 181.150 by
sections 6 to 10 of this 2015 Act
9 SECTION 22. The amendments to ORS 166.250, 166.291, 166.460, 166.470, 181.740 and 426.133
10 by sections 11 to 19 of this 2015 Act apply to orders for assisted outpatient treatment entered
11 on or after the effective date of this 2015 Act.
12 SECTION 23. This 2015 Act being necessary for the immediate preservation of the public
13 peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect
14 on its passage.
15
[23]
29
78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
Senate Bill 648
Sponsored by Senator KNOPP,Representative BUEHLER; Senator STEINER HAYWARD,Representatives HOYLE,
MCLANE, WHISNANT,WILLIAMSON
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure as introduced.
Expands duties of Central Oregon Health Council. Allows council to convene one community
advisory council for all coordinated care organizations serving counties that join council. Requires
report to Seventy-ninth Legislative Assembly. Extends sunset to 2022.
1 A BILL FOR AN ACT
2 Relating to Central Oregon Health Council; amending sections 13, 14, 15, 16, 18 and 19, chapter 418,
3 Oregon Laws 2011.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. Section 13, chapter 418, Oregon Laws 2011, is amended to read:
6 Sec. 13. (1) Crook, Deschutes and Jefferson Counties may form a Central Oregon Health Council
7 when the governing body of each of the counties adopts a resolution signifying the body's intention
8 to do so.
9 (2) [Subsequent to the formation of the Central Oregon Health Council,] A county that is adjacent
10 to Crook, Deschutes or Jefferson County may join the council if:
11 (a) The governing body of the county seeking to join the council adopts a resolution signifying
12 the body's intention to include a portion of that county in the region served by the council;
13 (b) The portion of the county to be included in the region is part of a natural health care re-
14 ferral pattern with the other counties on the council; and
15 (c) The Oregon Health Authority and the council approve.
16 SECTION 2. Section 14, chapter 418, Oregon Laws 2011, is amended to read:
17 Sec. 14. (1) The Central Oregon Health Council shall consist of no more than [X1] 15 members,
18 including:
19 [(a)A formative council consisting of]
20 [(A)] (a) One member each from the governing bodies of Crook, Deschutes and Jefferson Coun-
21 ties, appointed by each body;
22 [(B)] (b) The chief executive officer, or a designee of the chief executive officer, of the health
23 care system serving the region; [and]
24 [(C)] (c) The chief executive officer, or a designee of the chief executive officer, of[the Medicaid
25 contractor] each coordinated care organization serving any of the counties in the region that
26 join the council; and
27 [(b)] (d) At least three members appointed by the [formative] council [established under para-
28 graph (a) of this subsection. Members appointed under this paragraph shall be representatives of]who
29 represent:
30 (A) Consumers of physical and behavioral health services;
NOTE: Matter in boldfaced type in an amended section is new;matter[italic and bracketed]is existing law to be omitted.
New sections are in boldfaced type.
LC 1831
30
SB 648
1 (B) Health care professionals;
2 (C) School districts or educational service districts;
3 (D) The business community; or
4 (E) [A member from] The governing body of[each] any county that joins the council under sec-
5 tion 13 (2), [of this 2011 Act] chapter 418, Oregon Laws 2011.
6 (2) The term of office of the members of the council is four years. Members may be reap-
7 pointed.
a (3) A majority of the members of the council constitutes a quorum for the transaction of busi-
9 ness.
10 (4) The council shall elect a member of the council to serve as the chairperson.
11 (5) If there is a vacancy for any cause, the appointing authority shall make an appointment to
12 the vacated position to become effective immediately.
13 (6) The council may incorporate under ORS chapter 65 as an Oregon nonprofit corporation
14 and may adopt rules necessary for the operation of the council, enter into necessary contracts,
15 apply for and receive grants, hold and dispose of property and take other actions necessary to carry
16 out the activities, services and responsibilities assumed by the council.
17 (7) The council may [adopt rules necessary for the operation of the council] convene a single
18 community advisory council required by ORS 414.627 for all of the coordinated care organ-
19 izations serving any of the counties that join the council.
20 SECTION 3. Section 15, chapter 418, Oregon Laws 2011, is amended to read;
21 See. 15. The Central Oregon Health Council [shall] may appoint an advisory committee to ad-
22 vise the council in the performance of the duties of the council. The members of the advisory coin-
'
23 mittee may include representatives of:
24 (1) Public health agencies serving the region;
25 (2) Behavioral health agencies for mental health authorities serving the region represented on
26 the council;
27 (3) Hospital or integrated delivery systems serving the region represented on the council;
28 (4) Medicaid contractors in each region served by the council;
29 (5) Safety net clinics;
30 (6) Health collaboratives;
31 (7) The dental profession;
32 (8) School and educational service districts;
33 (9) The business community;
34 (10) Primary care clinics; and
35 (11) Independent physician associations.
36 SECTION 4. Section 16, chapter 418, Oregon Laws 2011, is amended to read:
37 Sec. 16. (1) As used in this section, "regional health improvement plan" means a four-year
38 comprehensive, coordinated regional plan incorporating and replacing all health and human service
39 plans prescribed by the Oregon Health Authority, including but not limited to:
40 (a) Plans required under ORS 430.630, 430.640, 431.385 and 624.510; and
41 (b)The community health assessment and community health improvement plan described
42 in ORS 414.627.
43 (2)(a) The Central Oregon Health Council shall conduct a regional health assessment and adopt
44 a regional health improvement plan to serve as a strategic population health and health care system
45 service plan for the region served by the council. The plan must define the scope of the activities,
[2]
31
......... ....... .........
SB 648
1 services and responsibilities that the council proposes to assume upon implementation of the plan.
2 (b) The activities, services and responsibilities that the council proposes to assume under the
3 plan may include, but are not limited to:
4 (A) Analysis and development of public and private resources, capacities and metrics based on
5 ongoing regional health assessment activities and population health priorities;
6 (B) Health policy;
7 (C) System design;
8 (D) Outcome and quality improvement;
9 (E) Integration of service delivery; and
10 (F) Workforce development.
11 (3) The council shall submit the plan adopted under subsection (2) of this section to the au-
12 thority for approval. The authority may approve the plan or return it to the council for modification
13 prior to approval.
14 (4) The regional health improvement plan adopted under this section shall serve as a guide for
15 entities serving medical assistance recipients, public health authorities, mental health authorities,
16 health care systems, payer groups, provider groups and health coalitions in the counties served by
17 the council,
18 SECTION 5. Section 18, chapter 418, Oregon Laws 2011, as amended by section 64, chapter 37,
19 Oregon Laws 2012, is amended to read:
20 Sec. 18. [No later than the dates of the convening of the 2013 and of the 2015 Legislative Assem-
21 blies as specified in ORS 171.010,] The Central Oregon Health Council shall report to the [Seventy-
22 seventh and Seventy-eighth] Seventy-ninth Legislative [Assemblies] Assembly in the manner
23 provided by ORS 192.245 about the results of the implementation of the regional health improvement
24 plan adopted under section 16, [of this 2011 Act] chapter 418, Oregon Laws 2011. The report shall
25 include, but is not limited to, performance measures of improvement of health outcomes, improve-
26 went in care and reductions in the cost of care,
27 SECTION 6. Section 19, chapter 418, Oregon Laws 2011, is amended to read:
28 Sec. 19. Sections 13 to 18, [of this 2011 Act] chapter 418, Oregon Laws 2011, are repealed on
29 January 2, [2016] 2022.
30
[3]
32
April 6, 2015
Members of the Rules Committee
Oregon House of Representatives
900 Court St NE, H-274
Salem, Oregon 97301
Subject: House Bill 2833
Dear Representative,
The businesses, agencies, and non-profit organizations listed below strongly support House Bill
2833, to make woody biomass an eligible green technology to meet the State's 1.5% investment
requirement for new public buildings and major renovations.
Woody biomass energy is an important renewable technology that improves the health and well-
being of Oregon's communities and forest landscapes. Today we have 19 biomass thermal energy
projects across ten Oregon counties with another 12 in development. These systems provide space
heat and hot water to schools, hospitals, airports and visitor centers.These projects save thousands
of dollars in annual energy costs, reduce carbon emissions, create much needed jobs in rural
communities, and keep energy dollars local for economic development. Using biomass for energy
also supports Oregon's state investments in forest health. By building new markets for the
byproducts of forest restoration, we create jobs in the woods, decrease the risks of extreme
wildfire, and improve the quality of air and drinking water for all Oregonians.
The 1.5% requirement increases Oregon's energy independence and provides numerous economic
and environmental benefits. However, exclusion of biomass as an eligible technology limits the
mandate's efficiency and effectiveness to provide maximum local benefit and utilize Oregon's
diverse renewable resources.We support a level playing field for renewable energy technologies,to
ensure that the appropriate technology is tiered to the local resource. For certain areas of the state,
the best renewable energy choice may be biomass, and House Bill 2833 will make sure this option is
on the table.
We request that you please support House Bill 2833 to create new green energy jobs in Oregon's
forest communities, keep energy dollars local, support forest stewardship, increase our energy
independence,and reduce carbon emissions.
Sincerely,
(pending):
Commissioner Tony DeBone, Deschutes County
Andrew Spreadborough, Central Oregon Intergovernmental Council (COIC)
Jim Walls, Lake County Resources Initiative (LCRI)
Andrew Haden,Wisewood
Dylan Kruse,Sustainable Northwest
33
Nils Christofferson,Wallowa Resources
Cam Hamilton,Ameresco
Commissioner Ken Fahlgren, Crook County
Bob Sourek, Bear Mountain Forest Products
Bruce Daucsavage, Ochoco Lumber and Malheur Lumber
Mark Nystrom,Association of Oregon Counties
Tracy Rutten, League of Oregon Cities
Tom Kelly, Neil Kelly, Inc
Amanda Rich,The Nature Conservancy
Chuck Burley, Interfor US, Inc
Betty Roppe, City of Prineville
Liz Shelby,Southern Oregon University
John Milandin, City of Oakridge
Commissioner Joe Laurance, Southern Oregon Clean Energy Alliance
Mayor George Endicott, Central Oregon Cities Organization
Bend Mayor Pro Tem Jodie Barram
Bend City Councilor Sally Russell
34
Community Development Department
iti < Planning Division feuiiding Safety Division Environmental Soils Division
moyma4t, .0,,r. + e e'1w.y fair '! .E,,iE .va aa �i',,..au.nTay
„9
444
P.O.Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005
(541)388-6575 FAX (541)385-1764
http://www.co,deschutes.or.us/cdd/
March 24,2015
Representative Brian Clem,Chair
House Committee on Rural Communities, Land Use and Water
900 Court St. NE, H-284
Salem,Oregon 97301
RE;Opposition to HB 3208 or Similar Legislation
Dear Chair Clem and Members of the Committee:
The Deschutes County Board of County.Commissioners opposes HB 3208 or any similar
legislation that modifies the definition of a"land use decision"to exclude decisions
pertaining to construction,operation, maintenance or improvement of water delivery
infrastructure that are made by districts for irrigation,drainage,water improvement or
water control. We understand HB 3208 is not scheduled for a public hearing today, but
these provisions may be proposed as an amendment to other pending legislation.
Deschutes County regularly makes land use decisions on irrigation district projects per
these provisions. Some of these decisions are as simple as approving a Land Use
Compatibility Statement (LUCS)over the counter while others require significant
interpretations and public involvement(Goal 1 of the Statewide Planning Program)in a
local land use decision making process. Local governments should retain the flexibility
to process irrigation district projects as development actions or land use decisions.
The reason is that these projects may have profound effects on surrounding properties
and/or the local government's goals and policies adopted in its comprehensive plan and
implemented through zoning regulations. Such legislation would remove the local
government's ability to require an irrigation district to mitigate those impacts. Each
project should be analyzed on a case-by-case basis.
We urge your opposition to HB 3208 or any effort to insert language from this bill into
any other legislation.Thank you for your consideration.
5i c're f
NICK Lelack, IC', Di -ctor
cc: Deschutes County Board of County Commissioners
Quality Services Pdg,formed with Pride
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Deschutes County
HB 2833 Position Priority Date Input
Bill Info Support 1 2/4/15
Summary: Adds woody biomass to types of green energy technology for which contracting
agency must set aside 1.5 percent of contract price to include in public building.
Status:
3/12/15 1-1-Public Hearing held.
2/6/15 H-Referred to Energy and Environment.
2/2/15 H-First reading.Referred to Speaker's desk.
HB 2959 Position Priority Date Input
Bill Info Support 1 2/12/15
Summary: Requires Housing and Community Services Department to dedicate and use portion of
moneys deposited in certain housing accounts from County Assessment and Taxation
Fund for benefit of county from which fees deposited into fund were charged and
collected.
Status:
4/1/15 H-Public Hearing held.
2/18/15 H-Referred to Human Services and Housing with subsequent referral to Ways and
Means.
2/11/15 H-First reading.Referred to Speaker's desk.
HB 3208 Position Priority Date Input
Bill Info Oppose 1 3/2/15
Summary: Modifies definition of"land use decision"to exclude decisions pertaining
to construction,operation,maintenance or improvement of water delivery
infrastructure that are made by districts for irrigation,drainage,water improvement or
water control.
Status:
3/5/15 H-Referred to Rural Communities,Land Use,and Water.
2/27/15 H-First reading.Referred to Speaker's desk.
HB 3379 Position Priority Date Input
Bill Info Oppose 1 3/2/15
Summary: Limits amount of appeal fee that city or county may charge for quasi-judicial review of
city or county decisions on land use application.
Status:
3/6/15 H-Referred to Rural Communities,Land Use,and Water.
2/27/15 H-First reading.Referred to Speaker's desk.
SB 0133A Position Priority Date Input
Bill Info Support 1 2/24/15
Summary: Allows Department of Consumer and Business Services to make system for electronic
access to building code information available for other purposes.
36
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Status:
3/5/15 H-Referred to Business and Labor.
2/27/15 H-First reading.Referred to Speaker's desk.
2/26/15 S-Third reading. Carried by Riley. Passed.Ayes,29;excused,1--Winters.
2/26/15 S-Olsen declared potential conflict of interest.
2/24/15 S-Second reading.
2/23/15 S-Recommendation:Do pass with amendments. (Printed A-Eng.)
2/18/15 S-Public Hearing and Work Session held.
2/9/15 5-Public Hearing held.
1/20/15 S-Referred to Business and Transportation.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0359 Position Priority Date Input
Bill Info Oppose 1 1/16/15
Summary: Limits amount of appeal fee that city or county may charge for quasi-judicial review of
city or county decisions on land use application.
Status:
2/25/15 S-Public Hearing held.
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0516 Position Priority Date Input
Bill Info Support 1 2/4/15
Summary: Requires Housing and Community Services Department to dedicate and use portion of
moneys deposited in certain housing accounts from County Assessment and Taxation
Fund for benefit of county from which fees deposited into fund were charged and
collected.
Status:
3/12/15 S-Public Hearing held.
3/5/15 S-Public Hearing and Work Session held.
2/3/15 S-Referred to Finance and Revenue.
2/2/15 S-hntroduction and first reading.Referred to President's desk.
SB 0648 Position Priority Date Input
Bill Info Support 1 3/16/15
Summary: Expands duties of Central Oregon Health Council.
Status:
4/6/15 S-Public Hearing and Possible Work Session scheduled.
2/19/15 S-Referred to Health Care.
2/17/15 S-Introduction and first reading.Referred to President's desk.
HB 2031A Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Directs Oregon Youth Authority to establish pilot project to implement intensive in-
37
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
home services model that includes availability of residential treatment services for
youth in juvenile justice system.
Status:
3/20/15 H-Recommendation:Do pass with amendments,be printed A-Engrossed,and be
referred to Ways and Means by prior reference.
3/20/15 H-Referred to Ways and Means by prior reference.
3/18/15 H-Work Session held.
2/18/15 H-Public Hearing held.
1/16/15 H-Referred to Human Services and Housing with subsequent referral to Ways and
Means.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2041 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Provides that local governments may prohibit medical marijuana facilities and
producers,processors and sellers of marijuana from being located within one mile of
school.
Status:
3/4/15 H-Public Hearing held.
1/16/15 H-Referred to Implementing Measure 91.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2132 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Allows county that collects forest protection district assessment or surcharge to retain
percentage of collected moneys for purpose of paying county administrative costs.
Status:
3/10/15 H-Public Hearing held.
1/16/15 H-Referred to Consumer Protection and Government Effectiveness.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2133 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Removes requirement that 70 percent of net revenue from new or increased local
transient lodging tax be used to fund tourism promotion or tourism-related facilities.
Status:
1/16/15 H-Referred to Transportation and Economic Development with subsequent referral
to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2161 Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Authorizes county to charge fee not to exceed actual cost to county of recording certain
instruments.
Status:
38
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2235 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Limits review by Land Use Board of Appeals of land use decisions and limited land
use decisions changing comprehensive plans and land use regulations to issues raised
during local planning process.
Status:
1/16/15 H-Referred to Rural Communities,Land Use and Water.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2287 Position Priority Date Input
Bill Info Support 2 3/6/15
Summary: Authorizes issuance of lottery bonds for transportation projects funded from
Multimodal Transportation Fund.
Status:
1/16/15 H-Referred to Transportation and Economic Development with subsequent referral
to Ways and Means.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2337 Position Priority Date Input
Bill Info Monitor 2 1/16/15
Summary: Modifies number of circuit court judges in certain judicial districts.
Status:
2/27/15 H-Recommendation:Do pass and be referred to Ways and Means by prior reference.
2/27/15 H-Referred to Ways and Means by prior reference.
2/25/15 H-Public Hearing and Work Session held.
1/16/15 H-Referred to Judiciary with subsequent referral to Ways and Means.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2339 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Requires court to appoint interpreter and provide appropriate assistive communication
device when necessary for crime victim who seeks to exercise certain constitutional
rights in open court.
Status:
39
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
2/12/15 S-First reading.Referred to President's desk.
2/12/15 S-Referred to Judiciary.
2/11/15 H-Third reading.Carried by Williamson.Passed.Ayes,56;Nays, 1--Nearman;
Absent,1--Evans;Excused,1--Clem;Excused for Business of the House,1--Buckley.
2/9/15 H-Rules suspended.Carried over to February 11,2015 Calendar.
2/6/15 H-Recommendation:Do pass.
2/6/15 H-Second reading.
2/2/15 H-Public Hearing and Work Session held.
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2348 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Provides honorably retired law enforcement officers with protections provided to
Oregon concealed handgun license holders.
Status:
2/26/15 H-Public Hearing held.
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2355 Position Priority Date Input
Bill Info No Position 2 1/16/15
Summary: Increases certain fees charged by justice courts.
Status:
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2424A Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Authorizes employees of Department of Corrections,State Board of Parole and Post-
Prison Supervision and Oregon Corrections Enterprises who work in department
building to store personal handgun and ammunition in vehicle.
Status:
3/30/15 S-Referred to Judiciary.
3/26/15 S-First reading.Referred to President's desk.
3/25/15 H-Third reading.Carried by Krieger.Passed.Ayes,59;Excused, 1--Gilliam.
3/24/15 H-Second reading.
3/23/15 H-Recommendation: Do pass with amendments and be printed A-Engrossed.
3/19/15 H-Work Session held.
2/26/15 H-Public Hearing held.
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
40
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 2482 Position Priority Date Input
Bill Info Support 2 1/14/15
Summary: Requires Department of Revenue to appraise industrial property if improvements have
real market value of more than$1 million,unless appraisal delegated to county upon
request of county assessor.
Status:
4/8/15 S Public Hearing and Work Session scheduled.
3/3/15 S-Referred to Finance and Revenue.
2/24/15 S-First reading.Referred to President's desk.
2/23/15 H-Third reading.Carried by Smith Warner.Passed.Ayes,59;Excused, 1--Esquivel.
2/20/15 1-1-Second reading.
2/19/15 H-Recommendation:Do pass.
2/18/15 H-Work Session held.
2/9/15 H-Public Hearing held.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2483A Position Priority Date Input
Bill Info Support 2 2/26/15
Summary: Clarifies that right of any other party to seek determination of total real market value of
unit of property or real market value of components of tax account or unit of property
applies in appeals of accounts constituting unit of property.
Status:
4/8/15 S-Public Hearing and Work Session scheduled.
3/11/15 S-Referred to Finance and Revenue.
3/3/15 S-First reading.Referred to President's desk.
3/2/15 H-Third reading.Carried by Davis.Passed.Ayes,58;Excused,2--Esquivel,Gorsek.
2/27/15 H-Rules suspended.Carried over to March 2,2015 Calendar.
2/25/15 H-Second reading.
2/24/15 H-Recommendation:Do pass with amendments and be printed A-Engrossed.
2/23/15 H-Work Session held.
2/18/15 H-Work Session held.
2/9/15 H-Public Hearing held.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2484 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Extends due date to March 15 for filing of certain property tax returns.
Status:
41
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
4/8/15 S-Public Hearing and Work Session scheduled.
3/5/15 S-Referred to Finance and Revenue.
2/26/15 S-First reading.Referred to President's desk.
2/25/15 H-Read third time under Consent Calendar.Passed.Ayes,60.
2/23/15 H-Second reading.
2/20/15 H-Recommendation:Do pass and be placed on Consent Calendar.
2/19/15 H-Work Session held.
2/9/15 H-Public Hearing held.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2487 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Requires correction of maximum assessed value due to correction of square footage of
property to be proportional to change in real market value of property that is due to
correction of square footage.
Status:
4/8/15 S-Public Hearing and Work Session scheduled.
3/11/15 S-Referred to Finance and Revenue.
3/9/15 S-First reading.Referred to President's desk.
3/5/15 H-Third reading.Carried by Bentz.Passed.Ayes,59;Excused,1--Taylor.
3/4/15 H-Rules suspended.Carried over to March 5,2015 Calendar.
3/3/15 H-Second reading.
3/2/15 H-Recommendation:Do pass.
2/26/15 H-Work Session held.
2/16/15 H-Public Hearing held.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading. Referred to Speaker's desk.
HB 2529 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Exempts certain transferors of firearms from requesting criminal history record check if
purchaser or recipient has concealed handgun license.
Status:
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2540 Position Priority Date Input
Bill Info Oppose 2 1/15/15
Summary: Modifies definition of"public works."Classifies exemption from ad
valorem property taxation as funds of public agency for purpose of requiring payment
of prevailing rate of wage.
Status:
42
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
1/16/15 H-Referred to Business and Labor.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2544 Position Priority Date Input
Bill Info Oppose 2 1/15/15
Summary: Requires issue subject to collective bargaining during term of collective bargaining
agreement that is not resolved through negotiation or mediation to be resolved
through binding arbitration.
Status:
3/9/15 S-Referred to Workforce.
3/4/15 S-First reading.Referred to President's desk.
3/3/15 H-Third reading.Carried by Doherty.Passed.Ayes,32;Nays,25--Barreto,Bentz,
Buehler,Davis,Gilliam,Hack,Hayden,Heard,Huffman,Johnson,Kennemer,Krieger,
McKeown,McLane,Nearman,Olson,Parrish,Post,Smith,Sprenger,Stark,Weidner,
Whisnant,Whitsett,Wilson; Excused,3--Barton,Esquivel,Gorsek.
3/2/15 H-Rules suspended.Carried over to March 3,2015 Calendar.
2/27/15 H-Second reading.
2/26/15 H-Recommendation:Do pass.
2/25/15 H-Work Session held.
2/13/15 H-Public Hearing held.
1/16/15 H-Referred to Business and Labor.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2546A Position Priority Date Input
Bill Info Support 2 2/23/15
Summary: Defines"inhalant delivery system."Amends laws concerning sale of
tobacco products to,and use of tobacco products by,minors so those laws equally
apply to inhalant delivery systems.
Status:
3/23/15 S-Public Hearing held.
3/9/15 S-Referred to Health Care.
3/3/15 S-First reading.Referred to President's desk.
3/2/15 H-Third reading.Carried by Taylor.Passed,Ayes,56;Nays,2--Nearman,Weidner;
Excused,2--Esquivel,Gorsek.
2/27/15 H-Rules suspended.Carried over to March 2,2015 Calendar.
2/25/15 H-Second reading.
2/24/15 H-Recommendation:Do pass with amendments and be printed A-Engrossed.
2/20/15 H-Work Session held.
2/9/15 H-Public Hearing held.
1/16/15 H-Referred to Health Care.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2555 Position Priority Date Input
Bill Info Support 2 2/23/15
Summary: Increases cigarette tax.
43
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Status:
2/25/15 H-Public Hearing held.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading,Referred to Speaker's desk.
HB 2829 Position Priority Date Input
Bill Info No Position 2 3/6/15
Summary: Modifies provisions authorizing private parks in exclusive farm use zones,
Status:
3/26/15 H-Public Hearing held.
2/5/15 H-Referred to Rural Communities,Land Use,and Water.
2/2/15 H-First reading.Referred to Speaker's desk.
HB 2830 Position Priority Date Input
Bill Info Support 2 2/4/15
Summary: Modifies time period for local government to take action on application for permit,
limited land use decision or zone change after remand based on final order of Land
Use Board of Appeals.
Status:
4/7/15 H-Work Session scheduled.
3/3/15 H-Public Hearing held.
2/5/15 H-Referred to Rural Communities,Land Use,and Water.
2/2/15 H-First reading.Referred to Speaker's desk.
HB 2836 Position Priority Date Input
Bill Info Neutral 2 2/4/15
Summary: Provides hours of service credit for vesting purposes and retirement credit to member
of Oregon Public Service Retirement Plan who receives workers'compensation
disability payments and later returns to employment with participating public
employer.
Status:
2/5/15 H-Referred to Business and Labor.
2/2/15 H-First reading.Referred to Speaker's desk.
HB 2885 Position Priority Date Input
Bill Info No Position 2 2/5/15
Summary: Provides that Oregon Liquor Control Commission may delay issuing licenses to
applicants for processing marijuana products that are intended to be consumed as food
or as potable liquid until July 1,2016.
Status:
2/11/15 H-Referred to Implementing Measure 91.
2/4/15 H-First reading.Referred to Speaker's desk.
44
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 2908A Position Priority Date Input
Bill Info Support 2 2/6/15
Summary: Brings Oregon law into compliance with federal Preventing Sex Trafficking and
Strengthening Families Act of 2014.
Status:
3/23/15 S-First reading.Referred to President's desk.
3/23/15 S-Referred to Judiciary.
3/20/15 H-Third reading.Carried by Barker.Passed.Ayes,54;Excused,6--Barreto,Gilliam,
Hack,Heard,Hoyle,Olson.
3/19/15 H-Second reading.
3/18/15 H-Recommendation:Do pass with amendments and be printed A-Engrossed.
3/16/15 H-Work Session held.
2/23/15 H-Public Hearing held.
2/13/15 H-Referred to Judiciary.
2/6/15 H-First reading.Referred to Speaker's desk.
HB 2915 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Establishes credit against personal income taxes for purchase of qualifying gun safes.
Status:
3/9/15 H-Referred to Revenue by prior reference.
3/9/15 H-Recommendation:Do pass and be referred to Revenue by prior reference.
3/5/15 H-Public Hearing and Work Session held.
2/13/15 H-Referred to Judiciary with subsequent referral to Revenue.
2/6/15 H-First reading.Referred to Speaker's desk.
HB 3051 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Provides persons licensed to carry concealed handgun in another state with protections
provided to persons with Oregon concealed handgun license.
Status:
2/27/15 H-Referred to Judiciary.
2/20/15 H-First reading.Referred to Speaker's desk.
HB 3093 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Provides persons licensed to carry concealed handgun in another state with protections
provided to persons with Oregon concealed handgun license if other state has no less
stringent handgun competency requirement than Oregon.
Status:
4/6/15 H-Public Hearing and Possible Work Session scheduled.
3/2/15 H-Referred to Judiciary.
2/23/15 H-First reading.Referred to Speaker's desk.
45
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 3097 Position Priority Date Input
Bill Info Oppose 2 2/24/15
Summary: Makes inquiring after applicant's conviction history and certain activities related to
conducting criminal records check on prospective employee unlawful employment
practice.
Status:
3/25/15 H-Public Hearing held.
3/2/15 H-Referred to Business and Labor.
2/23/15 H-First reading.Referred to Speaker's desk.
HE 3100 Position Priority Date Input
Bill Info Support 2 2/18/15
Summary: Changes governmental framework for conducting public health activities in this state
and for providing public health services to residents of this state.
Status:
4/3/15 H-Work Session held.
3/9/15 H-Public Hearing held.
2/20/15 H-Referred to Health Care.
2/16/15 H-First reading.Referred to Speaker's desk.
HB 3282 Position Priority Date Input
Bill Info Support 2 3/2/15
Summary: Requires Director of Department of Land Conservation and Development at city
request to approve or remand sequential phases of work task related to potential
amendment of urban growth boundary.
Status:
3/24/15 H-Public Hearing held.
3/5/15 H-Referred to Rural Communities,Land Use,and Water.
2/27/15 H-First reading.Referred to Speaker's desk.
HB 3431 Position Priority Date Input
Bill Info Neutral 2 3/3/15
Summary: Extends deadline for owner of Metolius resort site to notify Department of Land
Conservation and Development that owner has elected to seek approval of small-scale
recreation community.
Status:
4/7/15 H-Public Hearing scheduled.
3/9/15 H-Referred to Rural Communities,Land Use,and Water.
3/2/15 H-First reading.Referred to Speaker's desk.
HE 3477 Position Priority Date Input
Bill Info Oppose 2 3/3/15
Summary: Requires Oregon Health Authority to operate pilot projects in no fewer than six
counties to test effectiveness of having coordinated care organizations contract with
mental health providers to provide mental health services.
46
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Status:
3/9/15 H-Referred to Health Care with subsequent referral to Ways and Means.
3/2/15 H-First reading.Referred to Speaker's desk.
HB 5026 Position Priority Date Input
Bill Info Support 2 3/25/15
Summary: Appropriates moneys from General Fund to Department of Human Services for certain
biennial expenses.
Status:
4/9/15 H-Public Hearing scheduled.
4/8/15 H-Public Hearing scheduled.
3/4/15 H-Public Hearing held.
3/3/15 H-Public Hearing held.
3/2/15 H-Public Hearing held.
2/26/15 H-Public Hearing held.
2/25/15 H-Public Hearing held.
2/23/15 H-Public Hearing held.
2/19/15 H-Public Hearing held.
2/18/15 H-Public Hearing held.
2/17/15 H-Public Hearing held.
2/16/15 H-Public Hearing held.
2/11/15 H-Public Hearing held.
2/10/15 H-Public Hearing held.
2/9/15 H-Public Hearing held.
1/29/15 H-Assigned to Subcommittee On Human Services.
1/16/15 H-Referred to Ways and Means.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 5526 Position Priority Date Input
Bill Info Support 2 3/27/15
Summary:
Status:
HR 0056 Position Priority Date Input
Bill Info Oppose 2 3/25/15
Summary:
Status:
SE 0015 Position Priority Date Input
Bill Info No Position 2 3/25/15
Summary: Provides that court may not issue warrant or impose sanction of confinement for
contempt that results from defendant's failure to comply with judgment debtor
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Bill Summary Report
examination or written interrogatories.
Status:
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0027 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Resolves certain contradictory provisions applicable to duties of county clerk.
Status:
3/30/15 H-Referred to Rules.
3/24/15 H-First reading.Referred to Speaker's desk.
3/23/15 S-Third reading. Carried by Beyer. Passed.Ayes,28;nays,2--Girod,Thatcher.
3/19/15 S-Recommendation:Do pass.
3/19/15 S-Second reading.
3/12/15 S-Work Session held.
2/19/15 S-Public Hearing held.
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0028A Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Clarifies that county clerk may use elector's registration record,rather than physical
registration card,to authenticate signatures.
Status:
4/1/15 H-Referred to Rules.
3/25/15 H-First reading.Referred to Speaker's desk.
3/24/15 S-Third reading. Carried by Rosenbaum. Passed.Ayes, 17;nays, 13--Baertschiger Jr,
Boquist,Ferrioli,Girod,Hansel!,Johnson,Knopp,Kruse,Olsen,Thatcher,Thomsen,
Whitsett,Winters.
3/23/15 S-Second reading.
3/19/15 S-Recommendation:Do pass with amendments. (Printed A-Eng.)
3/12/15 S-Work Session held.
2/19/15 S-Public Hearing held.
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0029 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Establishes procedures for electing precinct committeepersons.
Status:
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Bill Summary Report
4/1/15 H-Referred to Rules.
3/25/15 H-First reading.Referred to Speaker's desk.
3/24/15 S-Third reading. Carried by Rosenbaum. Passed.Ayes,16;nays,14--Baertschiger Jr,
Boquist,Ferrioli,Girod,Hansell,Johnson,Knopp,Kruse,Olsen,Riley,Thatcher,
Thomsen,Whitsett,Winters.
3/24/15 5-Motion to reconsider carried.Ayes,18;nays,12--Baertschiger Jr,Boquist,Ferrioli,
Girod,Hansell,Knopp,Kruse,Olsen,Thatcher,Thomsen,Whitsett,Winters.
3/23/15 S-Rosenbaum,changed from aye to nay and served notice of possible
reconsideration.
3/23/15 S-Third reading, Carried by Rosenbaum. Bill failed.Ayes, 14;nays, 15--Baertschiger
Jr,Boquist,Ferrioli,Girod,Hansell,Johnson,Knopp,Kruse,Olsen,Riley,Rosenbaum,
Thatcher,Thomsen,Whitsett,Winters;excused, 1--Devlin.
3/19/15 S-Recommendation:Do pass.
3/19/15 S-Second reading.
3/12/15 S-Work Session held.
2/19/15 S-Public Hearing held.
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0067 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Changes certain ballot markings from"Presidential only"to"Federal
only."a.
Status:
1/20/15 S-Referred to Rules.
1/12/15 S-introduction and first reading.Referred to President's desk.
SB 0115 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Removes six-month county residence requirement for legal resident applicant for
concealed handgun license.
Status:
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0129A Position Priority Date Input
Bill Info Support 2 3/27/15
Summary: Directs Department of Revenue to make shared services distributions out of
unreceipted revenue.
Status:
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Bill Summary Report
4/3/15 S Recommendation:Do pass with amendments and be referred to Ways and Means.
(Printed A-Eng.)
4/3/15 S-Referred to Ways and Means by order of the President.
4/2/15 S-Public Hearing and Work Session held.
4/1/15 S-Public Hearing and Work Session held.
3/25/15 S-Public Hearing held.
1/20/15 S-Referred to Finance and Revenue.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0173 Position Priority Date Input
Bill Info Monitor 2 1/23/15
Summary: Authorizes person licensed to carry concealed handgun to present valid license instead
of providing firearm to peace officer for examination when possessing firearm in
public building.
Status:
4/8/15 S-Public Hearing Scheduled.
1/20/15 S-Referred to Judiciary.
1/12/15 S-hltroduction and first reading.Referred to President's desk.
SB 0210 Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Allows applicant to obtain expedited review of certain applications by filing request
and paying fee.
Status:
2/16/15 S-Public Hearing held.
1/20/15 S-Referred to Environment and Natural Resources.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0245 Position Priority Date Input
Bill Info Neutral 2 1/16/15
Summary: Modifies purposes for assessing,and authorized uses of,solid waste facility permit
fees.
Status:
4/1/15 S-Work Session held.
2/25/15 S-Public Hearing held.
1/20/15 S-Referred to Environment and Natural Resources.
1/12/15 5-Introduction and first reading.Referred to President's desk.
SB 0263 Position Priority Date Input
Bill Info Support 2 2/27/15
Summary: Adds program elements to opportunity to recycle,
Status:
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Bill Summary Report
4/1/15 S-Work Session held.
2/25/15 S-Public Hearing held.
1/20/15 S-Referred to Environment and Natural Resources.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0299 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Changes states in which residents of Oregon may lawfully obtain long guns for
transport into Oregon from contiguous states to all other states.
Status:
4/8/15 S-Public Hearing Scheduled.
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0385 Position Priority Date Input
Bill Info Monitor 2 1/16/15
Summary: Adds justice court and municipal court to definition of"court facility"in
which firearms and other weapons are prohibited except in specified circumstances.
Status:
4/8/15 S-Work Session scheduled.
4/8/15 S-Public Hearing Scheduled.
2/26/15 S-Public Hearing held.
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB g415A Position Priority Date Input
Bill Info Support 2 2/23/15
Summary: Prohibits distributing,selling or allowing to be sold flavored tobacco products in this
state.
Status:
4/7/15 S-Public Hearing Scheduled.
3/31/15 S-Referred to Finance and Revenue by order of the President.
3/31/15 S-Recommendation:Do pass with amendments and be referred to Finance and
Revenue. (Printed A-Eng.)
3/30/15 S-Work Session held.
3/23/15 S-Public Hearing held.
1/20/15 S-Referred to Health Care.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0416 Position Priority Date Input
Bill Info Support 2 3/25/15
Summary: Requires payment of fee for smoke shop certification,renewal of smoke shop
certification,transfer of smoke shop certification and relocation of smoke shop.
Status:
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Bill Summary Report
4/2/15 S-Referred to Ways and Means by order of the President.
4/2/15 S-Recommendation:Do Pass and subsequent referral to Finance and Revenue be
rescinded and refer to Ways and Means.
4/1/15 S-Work Session held.
3/30/15 S-Work Session held.
3/23/15 S-Public Hearing held.
1/20/15 S-Referred to Health Care,then Finance and Revenue.
1/12/15 S Introduction and first reading.Referred to President's desk.
SB 0417 Position Priority Date Input
Bill Info Support 2 2/23/15
Summary: Requires premises where person makes retail sales of tobacco products and inhalant
delivery systems to be licensed by Oregon Liquor Control Commission.
Status:
1/20/15 S-Referred to Business and Transportation.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0442 Position Priority Date Input
Bill Info Support 2 3/25/15
Summary: Directs Oregon Health Authority to adopt by rule schedule requiring submission of
document to school administrator for purposes of declining immunization if document
on record does not include signature of health care practitioner verifying that parent
has reviewed risks and benefits of immunization or certificate verifying that parent has
completed vaccine educational module.
Status:
2/18/15 S-Public Hearing held.
1/20/15 S-Referred to Health Care.
1/12/15 S-Introduction and first reading.Referred to('resident's desk.
SB 0491A Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Directs Oregon Department of Administrative Services to establish training program
and specifies elements that program must include.
Status:
4/3/15 S-Recommendation:Do pass with amendments. (Printed A-Eng.)
4/1/15 S-Work Session held.
3/4/15 S-Public Hearing held.
1/20/15 S-Referred to Workforce.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0528 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Provides persons licensed to carry concealed handgun in another state with protections
provided to persons with Oregon concealed handgun license.
Status:
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Bill Summary Report
2/3/15 S-Referred to Judiciary,
2/2/15 S-Introduction and first reading.Referred to President's desk.
SB 0579 Position Priority Date Input
Bill Info Oppose 2 2/5/15
Summary: Requires state contracting agency that awards public improvement contract with
contract price of more than$5 million to require contractor to employ apprentices to
perform 10 percent of work hours on public improvement that workers in
apprenticeable occupations perform.
Status:
2/9/15 S-Referred to Workforce.
2/5/15 S-Introduction and first reading.Referred to President's desk.
SB 0636 Position Priority Date Input
Bill Info Monitor 2 3/13/15
Summary: Reduces required age for concealed handgun license applicant to 18 years of age if
applicant is servicemember.
Status:
4/8/15 S-Public Hearing Scheduled,
2/13/15 S-Referred to Judiciary.
2/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0663 Position Priority Date Input
Bill Info Support 2 2/18/15
Summary: Changes governmental framework for conducting public health activities in this state
and for providing public health services to residents of this state.
Status:
3/9/15 S-Public Hearing held.
2/19/15 S-Referred to Health Care,
2/17/15 S-Introduction and first reading.Referred to President's desk.
SB 0668 Position Priority Date Input
Bill Info Support 2 2/18/15
Summary: Provides that right and privilege to construct,maintain or operate water,gas,electric or
communication service line,fixture or other facility along public roads,free of charge,
does not extend to county roads.
Status:
2/19/15 S-Referred to Business and Transportation.
2/17/15 S-Introduction and first reading.Referred to President's desk.
SB 0723 Position Priority Date Input
Bill Info Monitor 2 3/2/15
Summary: Exempts certain transferors of firearms from requesting criminal history record check if
purchaser or recipient has concealed handgun license.
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Bill Summary Report
Status:
3/5/15 S-Referred to Judiciary.
2/26/15 S-Introduction and first reading.Referred to President's desk.
SB 0724 Position Priority Date Input
Bill Info Monitor 2 3/2/15
Summary: Provides persons licensed to carry concealed handgun in another state with protections
provided to persons with Oregon concealed handgun license if other state has no less
stringent requirements for obtaining license than Oregon.
Status:
3/5/15 S-Referred to Judiciary.
2/26/15 S-Introduction and first reading.Referred to President's desk.
SB 5505 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Directs distribution of moneys from Criminal Fine Account.
Status:
1/29/15 S-Assigned to Subcommittee On Capital Construction.
1/20/15 S-Referred to Ways and Means.
1/12/15 S-Introduction and first reading.Referred to President's desk.
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