72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2289
 
                           A-Engrossed
 
                         House Bill 3259
                  Ordered by the House April 28
            Including House Amendments dated April 28
 
Sponsored by Representative DINGFELDER; Representatives AVAKIAN,
  BARKER, HANSEN, HASS, HUNT, MACPHERSON, MERKLEY, TOMEI
 
 
                             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.
 
    { - Requires Public Health Officer, State Fire Marshal or law
enforcement agency - }   { + Authorizes local government or
state + } to give written notice to   { - school district or - }
person who resides   { - or works - }  near former illegal drug
manufacturing site that real property is determined to be not fit
for use. Declares that receipt of such notice is not material
fact to real property transaction.
 
                        A BILL FOR AN ACT
Relating to notification of real property not fit for use;
  amending ORS 93.275, 453.858 and 453.876.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 453.876 is amended to read:
  453.876. (1) The Director of Human Services or a designee
thereof, the State Fire Marshal or a designee thereof or any law
enforcement agency may determine that property is not fit for use
pursuant to ORS 105.555, 431.175 and 453.855 to 453.912 and
applicable rules adopted by the Department of Human Services and
may make that determination on site. The determination is
effective immediately and renders the property not fit for use.
  (2) The owner may appeal the determination, to the agency that
made the determination, within 30 working days after the
determination, pursuant to rules of the agency, or to circuit
court.
  (3) The appeal to the agency is not a contested case under ORS
183.310 to 183.550. The question on appeal is limited to whether
the site is an illegal drug manufacturing site.
   { +  (4) If a determination that property is not fit for use
is made under subsection (1) of this section, a local government
or the state may provide notice that the real property has been
determined to be an illegal drug manufacturing site and not fit
for use to:
  (a) A residence located within 300 feet of the real property if
the real property is in a city; or
  (b) A residence located within one quarter mile of the real
property if the real property is in a rural area.
 
  (5) The notice described in subsection (4) of this section
shall be in writing and shall include:
  (a) The address of the real property that is determined to be
not fit for use;
  (b) A statement that the determination is subject to appeal and
that the real property may be determined to be fit for use if the
appeal is successful or if the real property is certified as
decontaminated;
  (c) The telephone number of the office of the Department of
Human Services that is responsible for overseeing the
decontamination of illegal drug manufacturing sites; and
  (d) The website for the Department of Human Services office
responsible for overseeing the decontamination of illegal drug
manufacturing sites that contains information on the dangers
associated with real property that has been used as an illegal
drug manufacturing site. + }
  SECTION 2. ORS 453.858 is amended to read:
  453.858. As used in ORS 453.855 to 453.912:
  (1) 'Controlled substance' does not include marijuana.
  (2) 'Illegal drug manufacturing site' means any property on
which there is a reasonably clear possibility of contamination
with chemicals associated with the manufacturing of controlled
substances and:
  (a) Where activity involving the unauthorized manufacture of a
controlled substance listed on Schedules I and II or any
precursor chemical for such substances occurs; or
  (b) Wherein are kept, stored or located any of the devices,
equipment, things or substances used for the unauthorized
manufacture of a controlled substance listed on Schedules I and
II.
  (3) 'Property' means any:
  (a) Real property, improvements on real property or portions of
the improvements;
  (b) Boat, trailer, motor vehicle or manufactured dwelling; or
  (c) Contents of the items listed in paragraph (a) or (b) of
this subsection.
   { +  (4) 'Rural area' means any land that is located outside
city limits and outside any urban growth boundaries. + }
  SECTION 3. ORS 93.275 is amended to read:
  93.275. (1) The following are among incidents that are not
material facts to a real property transaction:
  (a) The fact or suspicion that the real property or a
neighboring property was the site of a death by violent crime, by
suicide or by any other manner;
  (b) The fact or suspicion that the real property or a
neighboring property was the site of a crime, political activity,
religious activity or any other act or occurrence that does not
adversely affect the physical condition of or title to real
property;
  (c) The fact or suspicion that an owner or occupant of the real
property has or had human immunodeficiency virus or acquired
immune deficiency syndrome;   { - and - }
  (d) The fact or suspicion that a convicted sex offender
registered under ORS 181.595, 181.596 or 181.597 resides in the
area { + ; and
  (e) The fact that a notice has been received that a neighboring
property has been determined to be not fit for use under ORS
453.876 + }.
  (2) The Legislative Assembly finds that there is no known risk
of the transmission of human immunodeficiency virus or acquired
immune deficiency syndrome by casual contact.
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