68th OREGON LEGISLATIVE ASSEMBLY--1995 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 3886

                         House Bill 3451

Sponsored by Representative VANLEEUWEN; Representatives FAHEY,
  LEWIS, LUKE


                             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.

  Changes laws relating to notification required by private
property owners when property was used as illegal drug
manufacturing site.

                        A BILL FOR AN ACT
Relating to exemptions from illegal drug cleanup; creating new
  provisions; and amending ORS 90.305.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this Act is added to and made a
part of ORS 475.415 to 475.455. + }
  SECTION 2.  { + The provisions of ORS 475.415 to 475.455 do not
apply to private property owners. + }
  SECTION 3.  { + Section 4 of this Act is added to and made a
part of ORS 105.465 to 105.490. + }
  SECTION 4.  { + In addition to the seller's property disclosure
statement required under ORS 105.465 (2)(b), a private property
owner shall include notice that the property was an illegal drug
manufacturing site and cleanup was not carried out pursuant to
ORS 475.415 to 475.455. + }
  SECTION 5. ORS 90.305 is amended to read:
  90.305. (1) The landlord or any person authorized to enter into
a rental agreement on behalf of the landlord shall disclose to
the tenant in writing at or before the commencement of the
tenancy   { - the name and address of - } :
   { +  (a) The name and address of: + }
    { - (a) - }   { + (A) + } The person authorized to manage the
premises; and
    { - (b) - }   { + (B) + } An owner of the premises or a
person authorized to act for and on behalf of the owner for the
purpose of service of process and receiving and receipting for
notices and demands { + ; and + }
  { - . - }
   { +  (b) Notice that the property was an illegal drug
manufacturing site and cleanup was not carried out pursuant to
ORS 475.415 to 475.455. + }
  (2) The information required to be furnished by this section
shall be kept current and this section extends to and is
enforceable against any successor landlord, owner or manager.
  (3) A person who fails to comply with subsection (1) of this
section becomes an agent of each person who is a landlord for:
  (a) Service of process and receiving and receipting for notices
and demands; and
  (b) Performing the obligations of the landlord under ORS 90.100
to 90.940 and under the rental agreement and expending or making
available for that purpose all rent collected from the premises.
  (4)(a) A landlord shall retain a copy of each rental agreement
at the resident manager's office or at the address provided to
the tenant under subsection (1)(a) of this section.
  (b) A tenant may request to see the rental agreement and,
within a reasonable time, the landlord shall make the agreement
available for inspection. At the request of the tenant and upon
payment of a reasonable charge, not to exceed the lesser of 25
cents per page or the actual copying costs, the landlord shall
provide the tenant with a copy of the rental agreement. This
subsection shall not diminish the landlord's obligation to
furnish the tenant an initial copy of the rental agreement and
any amendments under ORS 90.240 (2).
  SECTION 6.  { + Section 7 of this Act is added to and made a
part of ORS chapter 91. + }
  SECTION 7.  { + A landlord shall disclose to the tenant in
writing, at or before the commencement of the tenancy, that the
property was an illegal drug manufacturing site and cleanup was
not carried out pursuant to ORS 475.415 to 475.455. + }
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