Shawn Miller

The 2014 regular session marked the fourth annual session since Oregon voters approved a change to the Oregon constitution in the 2010 general election. Lawmakers convened the 77th legislative assembly on February 3rd, and has a constitutional deadline to adjourn on March 9 – 35 days as required for even-year sessions. The short session is obviously much different than the 160-day odd-year sessions because of its brevity. Bills introduction is restricted to 5 bills per committee and 2 bills per legislator. The legislature will consider about 200 bills introduced in 2014 as opposed to the 2700 bills introduced in 2013. Deadlines to move bills come quick in the short session. Even though the session is 35 days, most committees have 8 days to pass a bill through their committee or they are dead.

Democrats continue to control both chambers of the legislature, as well as the Governor’s office. The Democrats hold a clear majority in the House of Representatives at 34-26, and the Senate has proclaimed itself as the “moderate” chamber with its tight 16-14 Democratic majority.

A few bills have been introduced in 2014 that UTA is tracking:

House Bill 4065 Meth Notice
UTA Position – Neutral
House Bill 4065 is a redraft of HB 3499 from 2013 which as originally drafted, prohibits beneficiary or trustee (or agent) from selling foreclosed property unless it was tested for methamphetamine contamination, and the results disclosed. The bill was introduced in response to situations that have arisen where families unknowingly buy a home where meth had been manufactured and develop health problems, only to find out that their homes are contaminated and then condemned. UTA and the Bankers Association worked with the sponsor, Rep. Whitsett, and Rep. Berger from the Rules committee to amend the bill to only require a notice disclaimer to explain that no warranty or representation is made as to whether the property has been tested for meth, etc. The policy objective of the disclosure is “buyer beware.”

House Bill 4103
UTA Position – No Position
HB 4103 addresses chattel and vehicle liens and how to enforce them. UTA membership inquired whether the bill would impact mobile home foreclosures, as some states treat mobile homes as vehicles, while other states treat them as personal property. We confirmed that mobile homes are not considered vehicles in Oregon since 2002 when their regulation was transferred to the Department of Consumer and Business Services under ORS 466 where they receive ownership documents. HB 4103 only applies to chattel and vehicles required to have a certificate of title under ORS 822.