Oregon’s Senate Democrat Majority Caucus launched a new legislative website today. You can view it at www.oregonsenatedemocrats.com. This site will still be available, but all new updates will happen at our new site.

This enhanced version of oregonsenatedemocrats.com includes many exciting features to connect you with your state government, including:

• Live floor video feeds
• Individual pages for each Senator
• A comprehensive Go Oregon! stimulus guide
• …and more!

As always, we appreciate your feedback. Please e-mail us with any questions, comments or feedback.

Yours,

-The Oregon Senate Democrats Team

SB 515 extends period of time that vehicles are covered

SALEM – Oregonians who purchase automobiles that turn out to be ‘lemons’ will have longer to make their claim under legislation passed this morning by the Senate.  SB 515 changes the period of time for a consumer to notify a manufacturer that a new vehicle doesn’t conform to its warranty to 24 months or 24,000 miles, whichever is earlier.

“Twenty-two states have lemon laws that cover consumers for a longer period of time than Oregon,” said Senator Suzanne Bonamici (D-Washington Co./Portland), chair of the Senate Consumer Protection Committee. “This bill should improve consumer confidence when it comes to making an investment in a new car.”

“Lemons” are generally defined as cars that continue to have a defect that substantially impairs the use, value, or safety of the vehicle after a reasonable number of attempts to repair the car or after the car has been out of service for a particular number of days. SB 515 reduces the number of times a vehicle must be serviced for the same defect before being considered a ‘lemon’ from four to three. In cases where the defect is life threatening, the state will no longer require multiple attempts to fix the defect.

“People don’t have time to be constantly taking their car into the shop for the same problem,” said Senate Majority Leader Richard Devlin (D-Tualatin). “If they purchase a car, they do so with the expectation that the vehicle is dependable and safe. They shouldn’t have to jump through hoops if the car turns out to have serious defects.”

In addition to increasing the covered period, SB 515 requires a vehicle manufacturer to alert the Oregon Department of Transportation to inscribe on the title ‘Lemon Law Buyback.’ Currently, Oregon is one of only a few states that do not require this disclosure to consumers.

“A consumer deserves to know if the vehicle they purchase has a bad past,” said Senator Ginny Burdick (D-Portland). “Buying a car is a major investment for most of us and we need to be sure we know what we’re getting with our hard earned money.”

Also this morning, the Senate passed HB 2268, requiring vehicle repair shops to prepare cost estimates before beginning work on an automobile. In instances where estimated costs exceed $200, repair shops will be required to receive additional specific authorization before starting more expensive projects on the automobile.

“This state receives a number of consumer complaints each year by Oregonians who receive higher than anticipated bills for auto work,” said Devlin. “This is another measure to bolster consumer confidence in the products and services that Oregon families rely on.”

HB 2062 updates standards for reporting, prevention of sexual misconduct in schools

SALEM – A bill that significantly safeguards Oregon children from sexual misconduct by school employees passed the Senate this morning. House Bill 2062 requires school boards to adopt more stringent policies, firmer reporting guidelines, and requires annual training to help educators spot and prevent sexual misconduct.

“This is another major step towards keeping Oregon students safe in the classroom,” said Senator Vicki Walker (D-Eugene), who carried the bill on the floor and worked on the legislation during the 2008 interim. “The progress we’ve made in the last year is remarkable. The system was broken, and the Oregon Legislative Assembly has now passed some of the toughest laws in the country that ferret out and quickly remove any educator who violates the sacred trust of a child.”

HB 2062 also ramps up background checks, requiring teachers to provide a list of previous schools they’ve worked at and allowing new employers to contact those schools for background records. Former employers will be required to issue a statement as to whether applicant has been or is the subject of a report or investigation related to child abuse or sexual misconduct.

“This legislation strikes a balance between the need to protect educators from false accusations and the necessity of protecting our children’s safety,” said Senator Mark Hass (D-Beaverton), chair of the Senate Committee on Education and General Government. “The package of legislation we’ve passed this session goes a long way towards meeting this goal.”

HB 2062 compliments several other bills passed this session that protect Oregon students in the classroom. Senate Bills 46, 47, 48, and 123 have all passed out of the Senate and have been sent to the House. Today’s legislation now goes to the Governor for his signature.

SB 734 requires insurers to help pay for smoking cessation tools

SALEM – The Senate approved legislation this morning that will expand access to cessation programs for people who want to quit smoking.  Smoking continues to be the leading cause of preventable death in the United States and a major contributor to health-related expenses.

“I’m supportive of any steps we can take to help people give up smoking,” said Senator Bill Morrisette (D-Springfield), chief sponsor of the bill. “Encouraging healthy habits is crucial to improving public health and reforming our health care system as a whole.”

SB 734 requires health insurers to provide payment, coverage, or reimbursement of up to $500 for a tobacco cessation program. Such programs can include counseling, medications, or a combination of both.

“Tobacco use cessation treatments are the single most cost-effective health insurance benefit that we can provide,” said Senator Alan Bates (D-Ashland), a practicing physician. “Giving up smoking isn’t easy for many people. This is a tool that will help them kick their habit and move towards a healthier lifestyle.”

The bill will now go to the House for consideration.

The Oregon Senate Wednesday honored two law enforcement officers killed in a December bomb explosion at a Woodburn bank and the Woodburn Chief of Police who was critically injured in the blast.

Senate Concurrent Resolutions 12 and 14 honor the lives of Woodburn Police Captain Thomas Paul Tennant and Oregon State Police Senior Trooper William “Bill” Robert Hakim, who were both killed in the December 12, 2008, explosion.

“These men devoted their lives to protecting our families and keeping our communities safe,” said Senate President Peter Courtney (D-Salem/Gervais/Woodburn). “Today we honor their careers, their courage and their enduring sacrifice, but no resolution or fancy speeches can match the manner in which these men honored us with their service. We are forever in their debt.”

“We should never take for granted the safety that men like Captain Tennant, Trooper Hakim and Chief Russell provide for us all,” said Senator Margaret Carter (D-Portland). “It is my wish that each of us might be able to display just a fraction of the selfless devotion which these true Oregon heroes displayed.”

Senate Concurrent Resolution 13 honors Woodburn Police Chief Scott Douglas Russell, who was critically wounded in the explosion and continues to recover from his injuries.

“Chief Russell serves as a tremendous example of courage in the face of incredible odds,” Courtney said. “Throughout his life and career he has succeeded in every assignment and overcome every challenge. I have no doubt that this brave man will make a complete recovery and return to work as Woodburn’s Chief of Police.”

The three resolutions were approved by the Senate on identical 29-0 votes Wednesday and now move to the House of Representatives.

SB 973 will put an end to stranger-originated life insurance in Oregon

SALEM – The Oregon Senate passed Senate Bill 973 this morning, protecting Oregon seniors from an investment scheme known as stranger-originated life insurance or “STOLI.” The legislation will provide needed protections regarding disclosure and privacy.

“Vulnerable seniors are being taken advantage of by these schemes,” said Senator Suzanne Bonamici (D-Washington Co./Portland), chair of the Senate Consumer Protection Committee. “This legislation will provide important disclosures to consumers and help prevent seniors from being lured into these questionable deals.”

STOLI occurs when third party investors convince seniors to purchase additional life insurance, for the purpose of selling or transferring the policy to investors later. Seniors are often coached to misrepresent their health, finances and the intent of the arrangement.

“Third party investors have a financial incentive in the early demise of Oregon seniors. The quicker the senior dies, the more money investors make,” explained Senator Ginny Burdick (D-Portland), who co-carried the bill on the floor this morning. “This appalling practice raises serious ethical questions.”

Wall Street speculators AIG, Bear Stearns and Lehman Brothers are three of the biggest investors in these schemes. Other third parties include offshore investors and hedge funds looking for big investment returns.

Senate Bill 973 will revise life settlement insurance regulations to prohibit stranger-originated life insurance practices or plans, effectively creating the strongest anti-STOLI law in the nation. The bill now moves to the House for consideration.

SB 952 will help prevent unexpected eviction, loss of rental deposits

SALEM – With the foreclosure crisis continuing to hit Oregon hard, the Senate passed SB 952 this morning, protecting the rights of tenants when the property they rent or lease goes into foreclosure.

“As the number of foreclosed investment properties continues to increase, Oregon renters face uncertainty about the fate of their homes,” said Senator Suzanne Bonamici (D-Washington Co./Portland), chair of Senate Consumer Protection Committee. “They are truly innocent victims – losing their homes through no fault of their own. They deserve as much notification as possible if the stability of their rented home is in question.”

Currently, tenants have few rights if their landlord’s property is foreclosed. They can be evicted with short notice, many risk losing their deposits, and they may incur expensive moving costs association with a sudden, unplanned move.

Senate Bill 952 encompasses a number of protections for tenants and purchasers of foreclosed property, including:

Requiring notice to tenants if a foreclosure proceeding begins against their rental property, including information about their rights and where they can go for assistance.
Providing protection from immediate eviction. Under SB 952, the tenant has 30 days from the date of sale and 60 days if the lease longer is than month to month.
Once tenants receive a notice of the foreclosure, they may instruct their landlords to apply any security deposit or pre-paid rent toward their ongoing rent obligation.
Finally, the bill incorporates protections for purchasers of foreclosed property, releasing them from liability for pre-existing issues or security deposits.

“This is important legislation because it protects many of the most vulnerable in our state,” said Senate Majority Leader Richard Devlin (D-Tualatin). “Low-income families who rent are the most likely to find themselves the victims of foreclosed rental properties. This bill helps minimize the stress of sudden upheaval by creating rights for Oregon tenants.”

The bill will now go to the House for consideration.

SB 928 requires employers to make reasonable accommodation for victims

SALEM – The Senate voted in support of legislation this morning to protect victims of domestic violence, sexual assault, and stalking. Senate Bill 928 requires employers to make reasonable safety accommodations, such as changing work shift times, moving the location of an employee’s desk, or changing an employee’s telephone number at work to protect their safety.

“Simple workplace accommodations can make a significant difference in the safety of a victim,” said Senator Suzanne Bonamici, who carried the bill on the floor. “Without causing undue hardship on an employer, this bill will help victims work with less fear of violence.”

Senator Diane Rosenbaum (D-Portland), a chief sponsor of the bill, explained that SB 928 also prohibits an employer from refusing to hire or retaliating against a victim of violence. According to the U.S. General Accounting Office, between 25 to 50 percent of victims fear losing their job because of domestic violence.

“Victims deserve reasonable protection while on the job,” said Rosenbaum. “They shouldn’t have to compromise their safety for fear of getting fired. They’ve already been victimized once and this legislation will help prevent that from happening a second time while they’re on the job.”

SB 928 was introduced as a priority of the Oregon Women’s Health and Wellness Alliance, a group of advocates and legislators who sponsor and promote legislation that addresses issues facing Oregon women.

“This is meaningful legislation for women in Oregon who fear for their safety and, in some cases, for their life,” said Senate Majority Leader Richard Devlin (D-Tualatin), also a chief sponsor of the bill. “Each year between 18 and 27 Oregonians are killed as a result of domestic violence. We need to do whatever we can to diminish this disturbing statistic.”

The bill will now go to the House for consideration.

SB 731 will fix inconsistency in garnishment law, help seniors and veterans

SALEM – The Oregon Senate voted to protect Oregon’s most vulnerable today by passing legislation that will prevent the garnishment of certain funds that people depend on for basic living expenses. For those relying on public assistance, Senate Bill 731 ensures that these Oregonians will be protected from having to fight to keep the funds they are entitled to.

“For some Oregonians, these funds are the only resource they have to keep food on the table and a roof over their heads,” said Senator Suzanne Bonamici (D-Washington Co./Portland), chair of the Senate Consumer Protection Committee. “Oregon’s current garnishment practices undermine the ability of some seniors, veterans, and out-of-work families to make ends meet.”

Protected funds include Social Security, veterans’ benefits, unemployment insurance, public assistance, and worker’s compensation. Federal and state law provides that these funds are exempt from garnishment. However, current Oregon law contradicts this prohibition by requiring a financial institution to turn the funds over to a creditor. In order to recover the exempt funds, the consumer must file a legal challenge and make their case in court.

“Going to court is not a realistic option for those Oregonians who are trying to stay afloat,” said Senator Ginny Burdick (D-Portland). “Even though these funds rightfully belong to them, the process of trying to reclaim that money can take months and can be incredibly costly.”

SB 731 protects from garnishment an amount equal to the qualified deposits received in the calendar month preceding the month that that garnishment is requested. For example, if a person received a direct-deposit of $500 in exempt funds during the month, they will have $500 protected and any additional funds in the account over that amount will be subject to garnishment.

“This legislation is especially important for Oregon’s veterans, seniors, and families that are facing the challenges of unemployment,” said Senate Majority Leader Richard Devlin (D-Tualatin). “We have a moral obligation to look out for vulnerable Oregonians and make sure that their basic needs are protected.”

The bill will now go to the House for consideration.

Bipartisan metal-theft legislation moves out of Senate this morning

SALEM – The Senate took a major step towards cracking down on drug-related crime this morning with passage of Senate Bill 570 by a unanimous vote. The bill, sponsored by 89 legislators from both chambers, will create significant obstacles to persons who have long used the sale of stolen scrap metal to finance their drug habits.

“This is good legislation that will significantly curb metal theft in Oregon,” said Senator Floyd Prozanski (D-Eugene), chair of the Senate Judiciary committee. “This bill has the support of nearly every legislator in the building, of business and prosecutors, and is exemplary of what we can achieve by working together on a common problem to find a shared solution for Oregonians.”

Metal theft has become a serious safety problem across Oregon as thieves become more and more reckless in the materials they go after. In recent years metal has been stripped from school bleachers, utility electric substations, and guardrails.

“In addition to the huge public safety issue metal theft creates, it’s also huge problem for our agricultural industries,” said Senator Martha Schrader (D-Canby). “Farmers are finding their sprinklers stripped out and their greenhouses dismantled. This legislation will help put a stop to this sort of crime.”

Senate Bill 570 contains several main components that will end the ease with which metal thieves are able to trade stolen products for cash, including:

• Clarifying the duties of scrap metal businesses to notify law enforcement if they believe that the metal property they purchased or received is stolen.
• Requiring scrap metal businesses to collect and retain for one year a ‘metal property record’ from individuals and companies that engage in the selling of metal products.
• Creating misdemeanor crime for unlawfully altering metal property, for example obliterating a serial number.
• Requiring that payment for scrap metal is given no sooner than three business days after sale and delivered by a mailed check to the seller’s street address. This important provision will prevent metal thieves from using stolen identities to document their sale.

“Cracking down on meth-related crime is a priority for Senate Democrats,” said Senate Majority Leader Richard Devlin (D-Tualatin). “Our hope is that these changes will get to the root of the problem by creating considerable obstacles to those who steal metal in order to fund their drug habits.”

The bill will now go to the House for consideration.