Rep. John Lively

Establishes penalty to be imposed by Department of Consumer and Business Services on employers that offer health insurance coverage to employees but that have employees working at least 30 hours per week who receive health care coverage through medical assistance program. Appropriates penalties collected by department to Oregon Health Authority for specified purposes. Establishes remedy for employee who is retaliated against by employer for applying for or receiving medical assistance. Takes effect on 91st day following adjournment sine die.

Provides that "eligible location," for purposes of certain property tax benefits, includes location not formerly used for industrial purposes. Provides that "eligible property" may be property appraised either by county or by Department of Revenue. Provides that "eligible property" includes property constructed or installed at brownfield that is being cleaned up and cost of initial investment may include remaining cleanup costs. Clarifies definition of "rural area." Takes effect on 91st day following adjournment sine die.

Directs Public Employees Retirement Board to initiate, resume or suspend payment of certain increased benefits under Public Employees Retirement System on first day of calendar quarter following receipt of notice by board that benefit payments are or are not subject to Oregon personal income tax. Directs board to pay increased benefits not paid to person because board determined that payments were not subject to Oregon personal income tax if person later establishes that payments were subject to Oregon personal income tax. Takes effect on 91st day following adjournment sine die.

Requires hospitals, no later than January 1, 2019, to have charity care policy written in plain language and provided upon admission and with every billing or notice of amount owed to hospital by patient. Requires Oregon Health Authority to make available uniform charity care application created by hospital trade association. Declares emergency, effective on passage.

Creates tax credit for short line railroad rehabilitation projects. Provides for certification and administration of tax credits by Department of Transportation. Limits total amount of potential tax credits available for short line railroad rehabilitation projects in biennium.

Requires Environmental Quality Commission to adopt by rule program that places cap on greenhouse gas emissions and that provides market-based mechanism for covered entities to demonstrate compliance. Establishes program advisory committee. Declares legislative purposes of program and related investments of moneys received as proceeds under market-based compliance mechanism. Establishes certain statutory funds in State Treasury. Requires certain moneys received as proceeds under market-based compliance mechanism to be deposited in certain funds. Requires certain uses of moneys deposited in funds. Requires program advisory committee to submit biennial report to Governor and Legislative Assembly each even-numbered year. Requires Governor to consider investment and expenditures recommendations in biennial report during preparation of Governor's budget. Makes all provisions related to program adopted by commission and distribution of proceeds operative January 1, 2021. Authorizes commission and certain other agencies to adopt rules prior to operative date. Repeals greenhouse gas emissions goals and requires commission to adopt by rule statewide greenhouse gas emissions goal for 2025 and limits for years 2035 and 2050. Defines "greenhouse gas" for air pollution laws. Establishes Joint Legislative Committee on Climate. Modifies registration and greenhouse gas reporting requirements for certain persons. Makes provisions related to Joint Legislative Committee on Climate, greenhouse gas definition, emissions limits and registration and reporting operative January 1, 2019. Requires certain persons to pay annual program development fee to Department of Environmental Quality. Becomes operative July 1, 2019. Sunsets January 2, 2021. Provides for expedited review of Act by Supreme Court upon petition by adversely affected party. Declares emergency, effective on passage.

Prohibits county from bringing claim or action against person if claim or action is based on statement in trust deed that nominee or agent of lender is grantee or beneficiary, based on county's recording or indexing instrument that states that nominee or agent of lender is grantee or beneficiary or based on person's having obtained or transferred interest in trust deed by means of instrument that was executed or delivered to person but was not recorded in county's deeds and mortgages records or in county's County Clerk Lien Record. Prohibits county clerk from charging or collecting fee for instrument that transfers interest in trust deed and that was executed and delivered to person but was not presented for recording. Applies to claims that arise before, on or after January 1, 2018, but does not apply to actions that commenced before January 1, 2018. Declares emergency, effective on passage.

Establishes Oregon Energy Board as advisory body for State Department of Energy. Becomes operative January 1, 2019. Takes effect on 91st day following adjournment sine die.

Prohibits consumer reporting agencies from charging certain fees related to security freezes on consumer reports or protective records. ] Requires certain persons who own, license, possess or have access to personal consumer information to give notice of breach of data security to certain financial institutions and merchant services providers. Requires financial institutions and merchant services providers that discover or receive notice of data breach of another person to notify other person. ] Requires notice of data breach to be given within 45 days of discovery of breach, unless such notice will impede criminal investigation. ] Prohibits person providing free credit monitoring in connection with data breach from offering additional services, unless such services are free, or from conditioning free credit monitoring on acceptance of other services. ] Modifies standards for safeguarding of personal information. ] Permits person to initiate civil action on behalf of state for violations of Oregon Consumer Identity Theft Protection Act. Provides that person may receive award of no greater than 25 percent of monetary recovery. Provides that state may intervene and proceed with such action. Provides that when person or state prevails in such action, court shall award reasonable attorney fees and costs. ] Requires person that owns, licenses, has control over or has access to personal information and was subject to breach of security to notify consumer to whom personal information pertains and, if number of consumers to whom person must send notice exceeds 250, to Attorney General. Requires person to give notice in most expeditious manner possible, without unreasonable delay, but not later than 45 days after discovering or receiving notice of breach of security. Requires person, in providing notice, to determine sufficient contact information for notice recipients, to determine scope of breach of security and to restore integrity, security and confidentiality of personal information. Provides that if person must notify consumer of breach of security and with notice person offers credit monitoring services or identity theft prevention and mitigation services without charge to consumer, person may not condition provision of services on consumer's providing person with credit card or debit card number or consumer's acceptance of any other service person offers for fee. Requires person to separately, distinctly, clearly and conspicuously disclose to consumer in any offer for additional credit monitoring services or identity theft prevention and mitigation services that person offers for fee that person will charge consumer fee. Prohibits consumer reporting agency from charging consumer fee or collecting from consumer money or item of value for placing, temporarily lifting or removing security freeze on consumer's consumer report, creating or deleting protective record, placing or removing security freeze on protective record or replacing lost personal identification number or password. Modifies standards for safeguarding personal information. Punishes violation of Act under Unlawful Trade Practices Act. Takes effect on 91st day following adjournment sine die.

Proposes amendment to Oregon Constitution establishing obligation of state to ensure every resident of state access to effective ] cost-effective , medically appropriate and affordable health care. Refers proposed amendment to people for their approval or rejection at next regular general election.