Legislative wrap-up includes energy bills; pedestrian, bicyclist safety measures

From our weekly issue dated December 26, 2007

Fifteen pieces of legislation aimed at increasing bicycle and pedestrian safety, implementing energy-efficiency standards, advancing worker rights, providing energy bill assistance for low-income Oregonians, and improving public safety were signed this year by Gov. Kulongoski.

*Bicycle Safety (SB 108) requires delivery trucks to include “crossview mirrors” and creates a Class B violation for unsafe passing of a person operating a bicycle. Forward crossview mirrors enable drivers to have a clear view of person or object directly in front of a truck.

*Energy Efficiency Standards (SB 375) builds on standards set during 2005 by establishing energy-efficiency standards for walk-in commercial refrigerators and freezers, compact audio products, portable electric spas, bottle-type water dispensers and commercial hot food holding cabinets.

*Majority Sign-Up for Organizing Campaigns (HB 2891) will allow a labor organization to be recognized if workers turn in authorization cards representing more than 50 percent of the workforce.

*Collective Bargaining Rights for Adult Foster Care Providers (SB 858) allows adult foster-care providers with five or fewer elderly, physically disabled, mentally ill or developmentally disabled adults in a home to have collective bargaining rights with the state.

*Workers Compensation for Home Care Workers (HB 3362) requires the Home Care Commission to provide Workers Compensation coverage for home-care workers that are paid by the state on behalf of their clients.

*New Classifications for Oregon's Construction Industry (HB 3242) establishes a distinction between commercial and residential construction, and raises licensing requirements for commercial contractors, bonding requirements, insurance, and continuing education and experience requirements.

This legislation also creates guidelines and experience requirements for entry-level commercial contractors and continuing education courses for commercial contractors and their key employees.

*Electric Bill Assistance for Low-Income Oregonians (SB 461) increases, from $10 million to $15 million annually, the amount collected from private utility customers to fund electric bill assistance for low-income Oregonians.

*Rural Medical Liability Insurance Program (SB 183) continues the rural medical liability program passed during 2003 which provides professional liability rate relief to attract and retain rural doctors. This bill expands the program to include nurse practitioners and more communities in Oregon.

*Reporting of Health Care Facility Acquired Infections (HB 2524) institutes a mandatory reporting program for health-care acquired infections, or infections contracted in health-care settings.

*Physical Education Programs (HB 3141) allows schools to rebuild physical education programs. The bill also adds a new level of accountability for school districts by establishing the Best Business Practices Advisory Committee to provide auditing assistance

*Guidelines for Law Enforcement Use of Deadly Force (SB 111) provides certain guidelines regarding incidents of the use of deadly force by law enforcement and creates “Planning Authorities” in each county comprised of local public safety officials.

The Planning Authorities will create county plans to address education, outreach and training on the use of deadly force. Under this legislation, law enforcement agencies also will have to offer police officers involved in such incidents at least two sessions with a mental health professional. And they would be offered the option of light duty immediately following such incidents.

Fighting Sexual Assault and Sexual Predators

As part of the bill signing, the governor also signed a package of bills sponsored by the Attorney General’s Sexual Assault Task Force. These bills are:

*HB 2153 to expand the statute of limitations for certain sex crimes with DNA evidence by expanding the time period from 12 to 25
years that DNA can prove the identity of an attacker.

This bill will help in cases where the attacker is not known to the victim, but DNA evidence was collected at the time of offense and later used to identify the offender.

*HB 2154: This legislation helps improve the collection of forensic evidence in sexual assault cases by giving victims the option to consent to a partial DNA examination or to have evidence collected without the approval from law enforcement after a sex crime has been committed.

*HB 3233: This bill establishes a Sex Offender Treatment and Certification Board to establish certification standards and minimum qualifications of practice for professionals who assess and treat sex offenders.

*HB 2128: Under this legislation, the Sexual Assault Victims Emergency Medical Response (SAVE) Fund becomes permanent. The fund is overseen by the Dept. of Justice and comes from private donations and recovery from punitive damages in civil actions.


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