2008 OREGON LEGISLATION HIGHLIGHTS

Transcription

1 2008 OREGON LEGISLATION HIGHLIGHTS PUBLISHED BY OREGON STATE BAR LEGAL PUBLICATIONS AND THE PUBLIC AFFAIRS DEPARTMENT

2 This handbook may be cited as: 2008 OREGON LEGISLATION HIGHLIGHTS (Legal Pubs 2008) 2008 by the Oregon State Bar SW Upper Boones Ferry Rd. Tigard, Oregon All rights reserved Printed in the United States of America

3 2008 OREGON LEGISLATION HIGHLIGHTS EDITORIAL REVIEW BOARD MARK B. COMSTOCK Garrett, Hemann, Robertson, Jennings, Comstock & Trethewy, P.C. Salem ROBIN SELIG Oregon Law Center Portland DAVID HEYNDERICKX Office of Legislative Counsel Salem OREGON STATE BAR EXECUTIVE DIRECTOR Karen L. Garst 2008 OREGON LEGISLATION HIGHLIGHTS PRODUCTION STAFF Rosina Busse Susan Evans Grabe Camille Greene Linda L. Kruschke Sally LaJoie Dean Land Solange Lédée Stacey A. Malagamba David Nebel Karen Zinn iii

4 FOREWORD Oregon Legislation Highlights offers a timely and authoritative resource to help lawyers catch up on the latest legislative developments. This 2008 edition, covering the legislature s 2008 special session, offers descriptions and analyses of new and amended laws in 21 practice areas. This book highlights more than 40 bills and other measures that were passed by both houses of the legislature. It also covers 27 new and amended Oregon Rules of Civil Procedure and Uniform Trial Court Rules. This book does not describe all of the enacted legislation. The information in this book is organized into 21 chapters, alphabetically by practice area. Each chapter begins with an outline of the topics and bills discussed in the chapter. Each bill is then summarized and analyzed. Practice tips appear when appropriate. All effective dates are noted at the end of the discussion of that bill. Each bill is identified, in the chapter outline and in the text, by its bill number and its 2008 Oregon Laws chapter number. A table of bill numbers and Oregon Laws chapter numbers appears at the end of the book for quick reference to the discussion in the text. The legislature s Web site offers additional information that the reader of this book will find useful: bills, measure summaries, measure histories, and so forth. See < We are grateful to all who were involved in preparing this book. We are indebted to our 26 authors, who prioritized this project to produce quality chapters within a very short time. Their quick and excellent work makes this project possible and gives members of the bench and bar an important research tool for new legislation. We would also like to acknowledge the generous volunteer efforts of the many OSB members who, as section and committee members, initiated bills and testified on behalf of legislation of importance to all lawyers. Last, we would like to thank the bar s Legislation Highlights production staff, without whose organization, continual labor, and steady encouragement there would be no book. MARK B. COMSTOCK DAVID HEYNDERICKX ROBIN SELIG Editorial Review Board v

5 2008 Oregon Legislation Highlights CONTENTS 1 Administrative and Government Law...Jacquilyn Saito-Moore Dan R. Olsen 2 Business Law... Andrew J. Morrow Jr. 3 Civil Procedure, Dispute Resolution, and Appellate Practice: UTCR and ORCP Changes...Douglas Marion Bray 4 Civil Rights and Liberties...Edward Johnson 5 Commercial, Debtor-Creditor, and Lien Law... Gary L. Blacklidge Richard A. Slottee 6 Construction Law...Alan L. Mitchell 7 Criminal Law, Sentencing, and Corrections...Ann Christian Timothy Sylwester 8 Election Law and Government Ethics... Margaret S. Olney 9 Environmental, Natural Resources, and Sustainability Law... David Ashton 10 Estate Administration, Guardianships, and Conservatorships... Holly N. Mitchell Ryan Gibb 11 Financial Institutions... Kenneth Sherman Jr. 12 Health Law... Lorey H. Freeman 13 Insurance Law... Lewis C. Littlehales 14 Judicial Administration... Douglas Marion Bray 15 Juvenile Law...Amy Saeger Miller 16 Labor and Employment Law...Jeffrey P. Chicoine 17 Land Use... Christopher D. Crean 18 Real Property and Landlord-Tenant Law... Gregory L. Nelson John T. Gibbon vii

6 19 Taxation... Robert T. Manicke 20 Torts and Products Liability... William Keith Dozier 21 Workers Compensation... Ronald Atwood Bill Number Index Oregon Laws Chapter Number Index viii

7 1 JACQUILYN SAITO-MOORE DAN R. OLSEN Administrative and Government Law I. INTRODUCTION II. EMERGENCIES AND EMERGENCY MANAGEMENT A. HB 3608 (ch 25) Emergency Assistance Compact B. HB 3626 (ch 18) Disaster Funds and Loan Account; Veterans Small-Business Loans III. SB 1082 (ch 46) TAXPAYER COMPLIANCE REPORTING IV. HB 3612 (ch 26) ENERGY CONSUMPTION ANALYSIS IN PUBLIC CONTRACTING V. MISCELLANEOUS A. SB 1074 (ch 43) Tri-Met Criminal Activity and Safety Report B. SB 1080 (ch 1) Driver Licenses and Permits; Identification Cards JACQUILYN SAITO-MOORE, B.A., Pitzer College (1987); J.D., Lewis & Clark Law School (1998); member of the Oregon State Bar since 1998; assistant county counsel, Washington County, Hillsboro. DAN R. OLSEN, B.S., Portland State University (1974); J.D., Willamette University College of Law (1980); member of the Oregon State Bar since 1980; county counsel, Washington County, Hillsboro. 1-1

8 C. HB 3624 (ch 30) Report on the Impact of SB 1080 D. HB 3626 (ch 18) Programs Affecting the Department of Human Services I. INTRODUCTION This chapter focuses on bills of potential general interest to a broad segment of administrative and government law practitioners. It includes bills of general applicability to state and local governments. Consequently, this chapter, for the most part, does not cover bills affecting the substantive laws of particular agencies or bills applicable to a limited number of jurisdictions. With some exceptions, it does not include bills relating to land use, elections, or litigation. II. EMERGENCIES AND EMERGENCY MANAGEMENT A. HB 3608 (ch 25) Emergency Assistance Compact HB 3608 incorporates into statute the Pacific Northwest Emergency Management Arrangement, an international compact between Alaska, Washington, Oregon, Idaho, British Columbia, and the Yukon to provide for collaboration and assistance during any civil emergency. The compact authorizes signatories to implement activities such as planning, hazard analysis, logistics, and ongoing consultation. Originally signed in but not enacted until this year, the bill also requires the governor to participate on behalf of Oregon with other signatories to this compact. HB 3608 took effect on March 11, B. HB 3626 (ch 18) Disaster Funds and Loan Account; Veterans Small-Business Loans Section 4 of House Bill 3626 establishes the Oregon Pre-Disaster Mitigation Fund as a separate fund in the State Treasury to assist local governments and agencies with FEMA-approved mitigation plans and to ensure a prepared response to human-caused disasters, including terrorist acts. Section 5 of the bill establishes the Oregon Disaster Response Fund to receive federal grants for disaster response. The funds are in turn appropriated to the Oregon Military Department for federally declared disasters. This fund is intended to assist local governments with immediate response and recovery efforts and to implement long-term hazard mitigation measures. A report to the legislature containing specific information must be generated by the adjutant general of the Oregon Military Department when there are expenditures from this fund. 1-2