Bill Text: OR HB3465 | 2013 | Regular Session | Introduced
Bill Title: Relating to tourist facilities.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3465 Detail]
Download: Oregon-2013-HB3465-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3731
House Bill 3465
Sponsored by Representatives SPRENGER, WHITSETT
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.
Gives tourist facility landlord immunity from liability under
certain circumstances during term of rental agreement or lease
providing for tenant to occupy tourist facility and operate
organizational camp.
Gives tourist facility landlord immunity from licensing
sanctions and civil penalty under certain circumstances during
term of rental agreement or lease providing for tenant to occupy
tourist facility and operate organizational camp.
Transfers responsibility for compliance with certain rules and
laws from landlord to tenant during term of rental agreement or
lease providing for tenant to occupy tourist facility and operate
organizational camp.
Requires that tourist facility be in compliance with rules and
laws to receive or renew license. Allows licensed tourist
facility to operate if in substantial compliance with rules and
laws.
A BILL FOR AN ACT
Relating to tourist facilities; creating new provisions; and
amending ORS 446.310 and 446.320.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section:
(a) 'Landlord' means a tourist facility owner holding the
license issued under ORS 446.320 for the tourist facility.
(b) 'Organizational camp' has the meaning given that term in
ORS 446.310.
(c) 'Tenant' means a person, or a public body as defined in ORS
174.109, that:
(A) Is not under common ownership, management or control with
the landlord;
(B) Rents or leases a tourist facility from a landlord for the
purpose of operating an organizational camp on two or more
consecutive days during the term of the rental or lease; and
(C) For the term of the rental or lease enjoys exclusive
occupancy of the tourist facility and exclusive control over the
operation of the organizational camp.
(2) A landlord that rents or leases a tourist facility to a
tenant is not liable for any damages, death or injury incurred
during the term of the rental or lease that are caused by a
condition constituting a noncompliance with ORS 446.310 to
446.350 or with any rules adopted under ORS 446.310 to 446.350 or
448.005 to 448.090 unless:
(a) The condition existed at the beginning of the term of the
rental or lease; or
(b) The landlord had actual knowledge of the condition and a
reasonable opportunity for taking action to prevent the damage,
death or injury.
(3) This section does not create any new cause of action for
damages, death or injury incurred at a tourist facility. + }
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS 446.310 to 446.350. + }
SECTION 3. { + (1) As used in this section:
(a) 'Landlord' means a tourist facility owner holding the
license for the tourist facility.
(b) 'Tenant' means a person, or a public body as defined in ORS
174.109, that:
(A) Is not under common ownership, management or control with
the landlord;
(B) Rents or leases a tourist facility from a landlord for the
purpose of operating an organizational camp on two or more
consecutive days during the term of the rental or lease; and
(C) For the term of the rental or lease enjoys exclusive
occupancy of the tourist facility and exclusive control over the
operation of the organizational camp.
(2) If a tenant rents or leases a tourist facility, the Oregon
Health Authority may not deny, suspend or revoke the tourist
facility license of the landlord or issue the landlord a civil
penalty under ORS 446.310 to 446.350, and the landlord may not be
charged with a misdemeanor under ORS 446.990, because of a
condition existing at the tourist facility during the term of the
rental or lease and constituting a noncompliance with ORS 446.310
to 446.350 or with any rules adopted under ORS 446.310 to
446.350, or constituting a noncompliance described in ORS
446.990, unless:
(a) The condition existed at the beginning of the term of the
rental or lease; or
(b) The landlord had actual knowledge of the condition and did
not act within the time described in ORS 446.347 (2) to correct
the condition.
(3) A landlord that rents or leases a tourist facility to a
tenant is not required during the term of the rental or lease
agreement to comply with any rules regarding the provision of
services to organizational camp attendees, the keeping of
organizational camp attendee records or the sanitary condition of
swimming pools, to provide the Director of the Oregon Health
Authority or a designee access under ORS 446.335 or 448.040 or to
maintain grounds and buildings in a sanitary condition under ORS
446.340 (1). + }
SECTION 4. ORS 446.310 is amended to read:
446.310. As used in ORS 446.310 to 446.350, unless the context
requires otherwise:
(1) 'Authority' means the Oregon Health Authority.
(2) 'Camping vehicle' means either a vacation trailer or a
self-propelled vehicle or structure equipped with wheels for
highway use and that is intended for human occupancy and is being
used for vacation and recreational purposes, but not for
residential purposes, and is equipped with plumbing, sink or
toilet.
(3) 'Construction' means work regulated by the state building
code as defined in ORS 455.010.
(4) 'Director' means the Director of the Oregon Health
Authority.
(5) 'Health official' means a local public health administrator
appointed pursuant to ORS 431.418.
(6) 'Hostel' means any establishment having beds rented or kept
for rent on a daily basis to travelers for a charge or fee paid
or to be paid for rental or use of facilities and that is
operated, managed or maintained under the sponsorship of a
nonprofit organization that holds a valid exemption from federal
income taxes under the Internal Revenue Code of 1954 as amended.
{ - (7) 'Organizational camp' includes any area designated by
the person establishing, operating, managing or maintaining the
same for recreational use by groups or organizations that include
but are not limited to youth camps, scout camps, summer camps,
day camps, nature camps, survival camps, athletic camps, camps
that are operated and maintained under the guidance, supervision
or auspices of religious, public and private educational systems
and community service organizations. - }
{ + (7) 'Organizational camp' means a tourist facility that
is used primarily for the purpose of providing an outdoor group
living experience with social, spiritual, educational or
recreational objectives for two or more consecutive days. + }
(8) 'Picnic park' means any recreation park that is for day use
only and provides no recreation vehicle or overnight camping
spaces.
(9) 'Recreation park' means any area designated by the person
establishing, operating, managing or maintaining the same for
picnicking, overnight camping or use of recreational vehicles by
the general public or any segment of the public. 'Recreation
park' includes but is not limited to areas open to use free of
charge or through payment of a tax or fee or by virtue of rental,
lease, license, membership, association or common ownership and
further includes, but is not limited to, those areas divided into
two or more lots, parcels, units or other interests for purposes
of such use.
(10) 'Regulating agency' means, with respect to a tourist
facility, the Oregon Health Authority.
{ + (11) 'Substantial compliance' means that any failure to
meet the requirements established by the director or the
regulating agency:
(a) Is a temporary condition that a tourist facility owner or
operator is attempting to correct;
(b) Does not constitute a danger to the health or safety of any
individual; and
(c) Does not interfere with the intent and purposes of ORS
446.310 to 446.350 or rules adopted under ORS 446.310 to
446.350. + }
{ - (11) - } { + (12) + } 'Tourist facility' means any
travelers' accommodation, hostel, picnic park, recreation park
and organizational camp.
( { - 12) - } { + (13) + } 'Travelers' accommodation'
includes any establishment, { - which - } { + that + } is not
a hostel, having rooms, apartments or sleeping facilities rented
or kept for rent on a daily or weekly basis to travelers or
transients for a charge or fee paid or to be paid for rental or
use of facilities.
SECTION 5. ORS 446.320 is amended to read:
446.320. (1) { - No person shall - } { + A person may
not + } establish, operate, manage or maintain a tourist facility
{ - , without a license from - } { + unless the facility is
licensed by + } the Director of the Oregon Health Authority.
{ + (2) A tourist facility must be in compliance with ORS
446.310 to 446.350 and with rules adopted under ORS 446.310 to
446.350 in order to receive or renew a tourist facility license.
During the term of a license, a tourist facility must be in
substantial compliance with ORS 446.310 to 446.350 and rules
adopted under ORS 446.310 to 446.350. The license for a tourist
facility that is in substantial compliance is not subject to
suspension or revocation, but the license holder may be refused
renewal of the license until compliance is achieved and, except
as provided under section 3 of this 2013 Act, is subject to a
civil penalty as provided under ORS 446.347. + }
{ - (2) - } { + (3) + } Organizational camps operated under
rental or leasehold agreements may be licensed either to the
landlord or to the tenant { + . Except as provided in this
section, + } { - provided that - } the license holder shall be
responsible for compliance with ORS 446.310 to 446.350 and the
rules adopted { - thereunder. - } { + under ORS 446.310 to
446.350.
(4) A tenant, as defined in section 3 of this 2013 Act,
operating an organizational camp is, for the term that the tenant
rents or leases the tourist facility at which the camp operates,
responsible for complying with any rules regarding the provision
of services to organizational camp attendees, the keeping of
organizational camp attendee records or the sanitary condition of
swimming pools, for providing the Director of the Oregon Health
Authority or a designee with access under ORS 446.335 and 448.040
and for maintaining grounds and buildings in a sanitary condition
under ORS 446.340 (1). The tenant is not subject to licensing
under ORS 446.310 to 446.350, but is subject to any civil penalty
under ORS 446.347 or criminal penalty under ORS 448.990 for
noncompliance with a statute or rule described in this
subsection. + }
SECTION 6. { + (1) Section 1 of this 2013 Act applies to
liability for damages, death and injury incurred on or after the
effective date of this 2013 Act.
(2) Section 3 of this 2013 Act and the amendments to ORS
446.310 and 446.320 by sections 4 and 5 of this 2013 Act apply to
tourist facility rental and lease agreements that are entered
into on or after the effective date of this 2013 Act. + }
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