Bill Text: OR HB2685 | 2013 | Regular Session | Enrolled
Bill Title: Relating to the Department of Corrections; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-05-16 - Chapter 130, (2013 Laws): Effective date May 16, 2013. [HB2685 Detail]
Download: Oregon-2013-HB2685-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2685
Sponsored by Representative CAMERON (at the request of Marion
County Sheriff Jason Myers) (Presession filed.)
CHAPTER ................
AN ACT
Relating to the Department of Corrections; amending ORS 144.430,
144.460, 421.068, 421.210, 443.405 and 701.005; appropriating
money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 421.210 is amended to read:
421.210. After { - the making of - } { + entering into + }
a contract under ORS 421.205, { + the Department of Corrections
may convey + } persons convicted of { + a + } felony in the
courts of this state and sentenced to the legal and physical
custody of the department { - of Corrections, including those
who, at the date of entering into the contract, are in the legal
and physical custody of the Department of Corrections, may be
conveyed, as provided by law, by the Department of
Corrections - } to the jurisdiction named in the contract. They
shall be delivered to the authorities of { - said - } { + the
contracting + } jurisdiction { - , there to be - } { + and,
unless they are eligible for any form of temporary or
transitional leave from custody, work release or a program of
conditional or supervised release, that is authorized by the
department, shall remain + } confined until their respective
sentences have expired or until they are otherwise discharged by
law.
SECTION 2. ORS 144.460 is amended to read:
144.460. The Department of Corrections may contract with the
governing bodies of political subdivisions in this state, with
the federal government and with any private agencies approved by
the department for the quartering in suitable local facilities of
persons enrolled in work release programs. { - Each such
facility having six or more residents must be licensed under ORS
443.400 to 443.455 and must satisfy standards established by the
Department of Corrections to ensure adequate supervision,
custody, health and safety of persons quartered therein. - }
SECTION 3. ORS 144.430 is amended to read:
144.430. (1) The Department of Corrections shall administer the
work release program by means of such staff organization and
personnel as the director considers necessary. In addition to
other duties, the department shall:
(a) Locate employment for qualified applicants;
(b) Effect placement of persons under the work release program;
Enrolled House Bill 2685 (HB 2685-INTRO) Page 1
{ - (c) Provide security training approved by the department
to persons responsible for supervising persons participating in
an inmate work program; - }
{ - (d) - } { + (c) + } Collect, account for and make
disbursements from earnings, if any, of persons under the work
release program;
{ - (e) - } { + (d) + } Generally promote public
understanding and acceptance of the work release program; and
{ - (f) - } { + (e) + } Establish and maintain community
centers.
(2) The Department of Corrections may enter into agreements
with other public or private agencies or persons for providing
services relating to work release programs.
(3) In carrying out the provisions of this section, the
Department of Corrections may enter into agreements with the
Department of Human Services to provide such services as
determined by the Department of Corrections and as the Department
of Human Services is authorized to provide under ORS 344.511 to
344.550.
SECTION 4. ORS 421.068 is amended to read:
421.068. (1) Revenues, less operating expenses, from the
following sources shall be deposited into an account established
by the Department of Corrections { - to provide money to
enhance inmate activities and programs including education
programs - } :
(a) Operation of correctional institution canteens;
(b) Operation of the vending machines in the inmate visiting
area of correctional institutions;
(c) Operation of inmate telephones in correctional
institutions;
(d) Funds confiscated from the inmates under existing
disciplinary procedures; and
(e) Funds donated under administrative rules promulgated by the
Director of the Department of Corrections.
(2) { + Moneys in the account are continuously appropriated
to + } the Department of Corrections { - shall limit use of the
fund to - } { + for + } uses benefiting the general inmate
population { - and - } { + , + } enhancing inmate activities
and programs including education programs { + and providing for
offender reentry programs and support + }.
SECTION 5. ORS 443.405 is amended to read:
443.405. For purposes of ORS 443.400 to 443.455 and 443.991, '
residential facility' does not include:
(1) A residential school;
(2) A state or local correctional facility { - , other than a
local facility for persons enrolled in work release programs
maintained under ORS 144.460 - } ;
(3) A youth correction facility as defined in ORS 420.005;
(4) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(5) A juvenile detention facility as defined in ORS 419A.004;
(6) A nursing home;
(7) A hospital;
(8) A place primarily engaged in recreational activities;
(9) A foster home; or
(10) A place providing care and treatment on less than a
24-hour basis.
SECTION 6. ORS 701.005 is amended to read:
701.005. As used in this chapter:
Enrolled House Bill 2685 (HB 2685-INTRO) Page 2
(1) 'Board' means the Construction Contractors Board.
(2) 'Commercial contractor' means a licensed contractor that
holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer.
(3) 'Commercial developer' means a developer of property that
is zoned for or intended for use compatible with a small
commercial or large commercial structure.
(4) 'Construction debt' means an amount owed under:
(a) An order or arbitration award issued by the board that has
become final by operation of law;
(b) A judgment, arbitration award or civil penalty that has
become final by operation of law arising from construction
activities within the United States; or
(c) A judgment or civil penalty that has become final by
operation of law arising from a failure to comply with ORS
656.017.
(5) 'Contractor' means any of the following:
(a) A person that, for compensation or with the intent to sell,
arranges or undertakes or offers to undertake or submits a bid to
construct, alter, repair, add to, subtract from, improve,
inspect, move, wreck or demolish, for another, a building,
highway, road, railroad, excavation or other structure, project,
development or improvement attached to real estate, or to do any
part thereof.
(b) A person that purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures.
(c) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure.
(d) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure.
(e) A person except a landscape contracting business,
nurseryman, gardener or person engaged in the commercial harvest
of forest products, that is engaged as an independent contractor
to remove trees, prune trees, remove tree limbs or stumps or to
engage in tree or limb guying.
(f) A business that supplies the services of a home inspector
certified under ORS 701.350 or a cross-connection inspector and
backflow assembly tester certified under ORS 448.279.
(g) A person that for compensation arranges, undertakes, offers
to undertake or submits a bid to clean or service chimneys.
(6) 'Developer' means a contractor that owns property or an
interest in property and engages in the business of arranging for
construction work or performing other activities associated with
the improvement of real property, with the intent to sell the
property.
(7)(a) 'General contractor' means a contractor whose business
operations require the use of more than two unrelated building
trades or crafts that the contractor supervises or performs in
whole or part, whenever the sum of all contracts on any single
Enrolled House Bill 2685 (HB 2685-INTRO) Page 3
property, including materials and labor, exceeds an amount
established by rule by the board.
(b) 'General contractor' does not mean a specialty contractor
or a residential limited contractor.
(8)(a) 'Home improvement' means a renovation, remodel, repair
or alteration by a residential contractor to an existing
owner-occupied:
(A) Residence that is a site-built home;
(B) Condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(C) Modular home constructed off-site;
(D) Manufactured dwelling; or
(E) Floating home, as defined in ORS 830.700.
(b) 'Home improvement' does not include a renovation, remodel,
repair or alteration by a residential contractor:
(A) To a structure that contains one or more dwelling units and
is four stories or less above grade; or
(B) That the residential contractor performed in the course of
constructing a new residential structure.
(9)(a) 'Home inspector' means a person who, for a fee, inspects
and provides written reports on the overall physical condition of
a residential structure.
(b) 'Home inspector' does not include persons certified under
ORS chapter 455 to inspect new, repaired or altered structures
for compliance with the state building code.
(10) 'Key employee' means an employee or owner of a contractor
who is a corporate officer, manager, superintendent, foreperson
or lead person or any other employee the board identifies by
rule.
(11) 'Large commercial structure' means a structure that is not
a residential structure or small commercial structure.
(12) 'Officer' means any of the following persons:
(a) A president, vice president, secretary, treasurer or
director of a corporation.
(b) A general partner in a limited partnership.
(c) A manager in a manager-managed limited liability company.
(d) A member of a member-managed limited liability company.
(e) A trustee.
(f) A person the board defines by rule as an officer. The
definition of officer adopted by board rule may include persons
not listed in this subsection who may exercise substantial
control over a business.
(13) 'Residential contractor' means a licensed contractor that
holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor; or
(d) Residential developer.
(14) 'Residential developer' means a developer of property that
is zoned for or intended for use compatible with a residential or
small commercial structure.
(15)(a) 'Residential structure' means:
(A) A residence that is a site-built home;
(B) A structure that contains one or more dwelling units and is
four stories or less above grade;
(C) A condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
Enrolled House Bill 2685 (HB 2685-INTRO) Page 4
interest in the unit is separate from the property interest in
the larger structure;
(D) A modular home constructed off-site;
(E) A manufactured dwelling;
(F) A floating home as defined in ORS 830.700; or
(G) An appurtenance to a home, structure, unit or dwelling
described in subparagraphs (A) to (F) of this paragraph.
(b) 'Residential structure' does not mean:
(A) Subject to paragraph (a)(C) of this subsection, a structure
that contains both residential and nonresidential units;
(B) Transient lodging;
(C) A residential school or residence hall;
(D) A state or local correctional facility { - other than a
local facility for persons enrolled in work release programs
maintained under ORS 144.460 - } ;
(E) A youth correction facility as defined in ORS 420.005;
(F) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(G) A detention facility as defined in ORS 419A.004;
(H) A nursing home;
(I) A hospital; or
(J) A place constructed primarily for recreational activities.
(16) 'Responsible managing individual' means an individual who:
(a) Is an owner described in ORS 701.094 or an employee of the
business;
(b) Exercises management or supervisory authority, as defined
by the board by rule, over the construction activities of the
business; and
(c)(A) Successfully completed the training and testing required
for licensing under ORS 701.122 within a period the board
identifies by rule;
(B) Demonstrated experience the board requires by rule; or
(C) Complied with the licensing requirements of ORS 446.395.
(17) 'Small commercial structure' means:
(a) A nonresidential structure that has a ground area of 10,000
square feet or less, including exterior walls, and a height of
not more than 20 feet from the top surface of the lowest flooring
to the highest interior overhead finish of the structure;
(b) A nonresidential leasehold, rental unit or other unit that
is part of a larger structure, if the unit has a ground area of
12,000 square feet or less, excluding exterior walls, and a
height of not more than 20 feet from the top surface of the
lowest flooring to the highest interior overhead finish of the
unit;
(c) A nonresidential structure of any size for which the
contract price of all construction contractor work to be
performed on the structure as part of a construction project does
not total more than $250,000; or
(d) An appurtenance to a structure or unit described in
paragraphs (a) to (c) of this subsection.
(18) 'Specialty contractor' means a contractor who performs
work on a structure, project, development or improvement and
whose operations as such do not fall within the definition of
'general contractor.' 'Specialty contractor' includes a person
who performs work regulated under ORS 446.395.
(19) 'Zero-lot-line dwelling' means a single-family dwelling
unit constructed in a group of attached units in which:
(a) Each attached unit extends from foundation to roof with
open space on two sides; and
Enrolled House Bill 2685 (HB 2685-INTRO) Page 5
(b) Each dwelling unit is separated by a property line.
SECTION 7. ORS 701.005, as amended by section 59, chapter 630,
Oregon Laws 2011, is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Commercial contractor' means a licensed contractor that
holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer.
(3) 'Commercial developer' means a developer of property that
is zoned for or intended for use compatible with a small
commercial or large commercial structure.
(4) 'Construction debt' means an amount owed under:
(a) An order or arbitration award issued by the board that has
become final by operation of law;
(b) A judgment or civil penalty that has become final by
operation of law arising from construction activities within the
United States; or
(c) A judgment or civil penalty that has become final by
operation of law arising from a failure to comply with ORS
656.017.
(5) 'Contractor' means any of the following:
(a) A person that, for compensation or with the intent to sell,
arranges or undertakes or offers to undertake or submits a bid to
construct, alter, repair, add to, subtract from, improve,
inspect, move, wreck or demolish, for another, a building,
highway, road, railroad, excavation or other structure, project,
development or improvement attached to real estate, or to do any
part thereof.
(b) A person that purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures.
(c) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure.
(d) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure.
(e) A person except a landscape contracting business,
nurseryman, gardener or person engaged in the commercial harvest
of forest products, that is engaged as an independent contractor
to remove trees, prune trees, remove tree limbs or stumps or to
engage in tree or limb guying.
(f) A business that supplies the services of a home inspector
certified under ORS 701.350 or a cross-connection inspector and
backflow assembly tester certified under ORS 448.279.
(g) A person that for compensation arranges, undertakes, offers
to undertake or submits a bid to clean or service chimneys.
(6) 'Developer' means a contractor that owns property or an
interest in property and engages in the business of arranging for
construction work or performing other activities associated with
the improvement of real property, with the intent to sell the
property.
Enrolled House Bill 2685 (HB 2685-INTRO) Page 6
(7)(a) 'General contractor' means a contractor whose business
operations require the use of more than two unrelated building
trades or crafts that the contractor supervises or performs in
whole or part, whenever the sum of all contracts on any single
property, including materials and labor, exceeds an amount
established by rule by the board.
(b) 'General contractor' does not mean a specialty contractor
or a residential limited contractor.
(8)(a) 'Home improvement' means a renovation, remodel, repair
or alteration by a residential contractor to an existing
owner-occupied:
(A) Residence that is a site-built home;
(B) Condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(C) Modular home constructed off-site;
(D) Manufactured dwelling; or
(E) Floating home, as defined in ORS 830.700.
(b) 'Home improvement' does not include a renovation, remodel,
repair or alteration by a residential contractor:
(A) To a structure that contains one or more dwelling units and
is four stories or less above grade; or
(B) That the residential contractor performed in the course of
constructing a new residential structure.
(9)(a) 'Home inspector' means a person who, for a fee, inspects
and provides written reports on the overall physical condition of
a residential structure.
(b) 'Home inspector' does not include persons certified under
ORS chapter 455 to inspect new, repaired or altered structures
for compliance with the state building code.
(10) 'Key employee' means an employee or owner of a contractor
who is a corporate officer, manager, superintendent, foreperson
or lead person or any other employee the board identifies by
rule.
(11) 'Large commercial structure' means a structure that is not
a residential structure or small commercial structure.
(12) 'Officer' means any of the following persons:
(a) A president, vice president, secretary, treasurer or
director of a corporation.
(b) A general partner in a limited partnership.
(c) A manager in a manager-managed limited liability company.
(d) A member of a member-managed limited liability company.
(e) A trustee.
(f) A person the board defines by rule as an officer. The
definition of officer adopted by board rule may include persons
not listed in this subsection who may exercise substantial
control over a business.
(13) 'Residential contractor' means a licensed contractor that
holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor; or
(d) Residential developer.
(14) 'Residential developer' means a developer of property that
is zoned for or intended for use compatible with a residential or
small commercial structure.
(15)(a) 'Residential structure' means:
(A) A residence that is a site-built home;
Enrolled House Bill 2685 (HB 2685-INTRO) Page 7
(B) A structure that contains one or more dwelling units and is
four stories or less above grade;
(C) A condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(D) A modular home constructed off-site;
(E) A manufactured dwelling;
(F) A floating home as defined in ORS 830.700; or
(G) An appurtenance to a home, structure, unit or dwelling
described in subparagraphs (A) to (F) of this paragraph.
(b) 'Residential structure' does not mean:
(A) Subject to paragraph (a)(C) of this subsection, a structure
that contains both residential and nonresidential units;
(B) Transient lodging;
(C) A residential school or residence hall;
(D) A state or local correctional facility { - other than a
local facility for persons enrolled in work release programs
maintained under ORS 144.460 - } ;
(E) A youth correction facility as defined in ORS 420.005;
(F) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(G) A detention facility as defined in ORS 419A.004;
(H) A nursing home;
(I) A hospital; or
(J) A place constructed primarily for recreational activities.
(16) 'Responsible managing individual' means an individual who:
(a) Is an owner described in ORS 701.094 or an employee of the
business;
(b) Exercises management or supervisory authority, as defined
by the board by rule, over the construction activities of the
business; and
(c)(A) Successfully completed the training and testing required
for licensing under ORS 701.122 within a period the board
identifies by rule;
(B) Demonstrated experience the board requires by rule; or
(C) Complied with the licensing requirements of ORS 446.395.
(17) 'Small commercial structure' means:
(a) A nonresidential structure that has a ground area of 10,000
square feet or less, including exterior walls, and a height of
not more than 20 feet from the top surface of the lowest flooring
to the highest interior overhead finish of the structure;
(b) A nonresidential leasehold, rental unit or other unit that
is part of a larger structure, if the unit has a ground area of
12,000 square feet or less, excluding exterior walls, and a
height of not more than 20 feet from the top surface of the
lowest flooring to the highest interior overhead finish of the
unit;
(c) A nonresidential structure of any size for which the
contract price of all construction contractor work to be
performed on the structure as part of a construction project does
not total more than $250,000; or
(d) An appurtenance to a structure or unit described in
paragraphs (a) to (c) of this subsection.
(18) 'Specialty contractor' means a contractor who performs
work on a structure, project, development or improvement and
whose operations as such do not fall within the definition of
'general contractor.' 'Specialty contractor' includes a person
who performs work regulated under ORS 446.395.
Enrolled House Bill 2685 (HB 2685-INTRO) Page 8
(19) 'Zero-lot-line dwelling' means a single-family dwelling
unit constructed in a group of attached units in which:
(a) Each attached unit extends from foundation to roof with
open space on two sides; and
(b) Each dwelling unit is separated by a property line.
SECTION 8. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
Passed by House April 15, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 7, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2685 (HB 2685-INTRO) Page 9
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2685 (HB 2685-INTRO) Page 10
