Bill Text: OR SB507 | 2011 | Regular Session | Introduced

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Bill Title: Relating to television antennas.

Spectrum: Partisan Bill (Independent 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB507 Detail]

Download: Oregon-2011-SB507-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 153

                         Senate Bill 507

Sponsored by Senator BOQUIST (at the request of Ken Lewetag)
  (Presession filed.)

                             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.

  Imposes building code requirement that new constructions or
rehabilitations of multifamily housing include television antenna
system. Makes violation subject to civil penalty, not to exceed
$5,000.
  Modifies landlord-tenant law to require that landlords of
multifamily housing provide dwelling units with television
antenna system access. Phases in requirement. Makes lack of
required television antenna system access unhabitable condition.
  Grants tax credit to multifamily housing operator that installs
television antenna system at least 12 months prior to date
installation is required under landlord-tenant law.

                        A BILL FOR AN ACT
Relating to television antennas; creating new provisions; and
  amending ORS 90.320.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 455. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Dwelling unit' means:
  (A) A space used for residential purposes and having complete
independent living, sleeping, eating, sanitation and cooking
facilities; or
  (B) A rental space in a manufactured dwelling park as defined
in ORS 90.100.
  (b)(A) 'Multifamily housing' means:
  (i) Except as provided in subparagraph (B) of this paragraph, a
structure that contains two or more rental dwelling units; or
  (ii) A manufactured dwelling park as defined in ORS 90.100.
  (B) 'Multifamily housing' does not mean:
  (i) A one or two family dwelling built to the Low-Rise
Residential Dwelling Code; or
  (ii) A structure intended for occupancy of a type described in
ORS 90.110 or 90.113.
  (c) 'Rehabilitation' means:
  (A) A renovation of a building that changes, strengthens or
adds to the load-bearing elements of the building;
  (B) A renovation or reconstruction of a building that results
in the replacement, strengthening or upgrading of, or extensive
repair to, the electrical equipment or fixtures of the building;
  (C) A reconstruction or alteration of a manufactured dwelling
park that involves the installation, replacement or removal of
the electrical system or communication cables for the park on the
supply side of the utility termination; or
  (D) A renovation, reconstruction, alteration, repair or
expansion of a building or manufactured dwelling park that
results in a new certificate of occupancy being required prior to
tenant use.
  (2) New construction of multifamily housing, and any
rehabilitation of multifamily housing, must include:
  (a) A television antenna system capable of receiving
over-the-air television signals and delivering the signals to
each rental dwelling unit of the multifamily housing;
  (b) A means for each rental dwelling unit of the multifamily
housing that allows the tenant of the dwelling unit to choose
whether to receive television signals through a television
antenna system described in paragraph (a) of this subsection or
through a subscription television service provider; and
  (c) A means for each rental dwelling unit that receives a
television signal through a television antenna system described
in paragraph (a) of this subsection to avoid receiving any
over-the-air television signal for which recipients must pay a
fee.
  (3) Subsection (2) of this section does not apply to
multifamily housing located at a site that:
  (a) Is not within 30 miles or less of a full-service broadcast
television station, or television station translator, that
operates with five or more watts of output;
  (b) Does not receive at least one television signal that
exceeds the signal strength levels described under 47
C.F.R. 73.622(e);
  (c) Does not receive at least one television signal available
to recipients without payment of a fee; or
  (d) Qualifies for any exemption from subsection (2) of this
section established by the Department of Consumer and Business
Services by rule.
  (4) A covenant, housing association bylaw or local ordinance
may not prohibit, restrict, penalize or otherwise inhibit the
installation or presence of a television antenna system for
multifamily housing or of equipment for accessing the television
antenna system. + }
  SECTION 3.  { + Section 2 of this 2011 Act applies to
multifamily housing construction and rehabilitation for which
plan approval is initially issued by a municipality on or after
the effective date of this 2011 Act. + }
  SECTION 4.  { + Section 5 of this 2011 Act is added to and made
a part of ORS 90.100 to 90.465. + }
  SECTION 5.  { + (1) As used in this section, 'multifamily
housing' means:
  (a) A structure that contains two or more rental dwelling units
and is not a one or two family dwelling; or
  (b) A manufactured dwelling park.
  (2) A landlord for multifamily housing that is subject to
section 2 of this 2011 Act must provide each rental dwelling unit
with the ability to receive television signals through a
television antenna system provided by the landlord or from a
subscription television service provider. The landlord must
provide each rental dwelling unit that receives a television
signal through the television antenna system with a means of
avoiding the receipt of any over-the-air television signal for
which recipients must pay a fee.
  (3) Subsection (2) of this section does not apply to
multifamily housing located at a site that:
  (a) Is not within 30 miles or less of a full-service broadcast
television station, or television station translator, that
operates with five or more watts of output;
  (b) Does not receive at least one television signal that
exceeds the signal strength levels described under 47
C.F.R. 73.622(e);
  (c) Does not receive at least one television signal available
to recipients without payment of a fee; or
  (d) Qualifies for exemption from section 2 of this 2011 Act as
provided by the Department of Consumer and Business Services
rules. + }
  SECTION 6. Section 5 of this 2011 Act is amended to read:
   { +  Sec. 5. + } (1) As used in this section, 'multifamily
housing ' means:
  (a) A structure that contains two or more rental dwelling units
and is not a one or two family dwelling; or
  (b) A manufactured dwelling park.
  (2) A landlord for multifamily housing that is subject to
section 2 of this 2011 Act { +  or has 15 or more rental dwelling
units + } must provide each rental dwelling unit with the ability
to receive television signals through a television antenna system
provided by the landlord or from a subscription television
service provider.  The landlord must provide each rental dwelling
unit that receives a television signal through the television
antenna system with a means of avoiding the receipt of any
over-the-air television signal for which recipients must pay a
fee.
  (3) Subsection (2) of this section does not apply to
multifamily housing located at a site that:
  (a) Is not within 30 miles or less of a full-service broadcast
television station, or television station translator, that
operates with five or more watts of output;
  (b) Does not receive at least one television signal that
exceeds the signal strength levels described under 47
C.F.R. 73.622(e);
  (c) Does not receive at least one television signal available
to recipients without payment of a fee; or
  (d) Qualifies for exemption from section 2 of this 2011 Act as
provided by the Department of Consumer and Business Services
rules.
  SECTION 7.  { + The amendments to section 5 of this 2011 Act by
section 6 of this 2011 Act become operative January 2, 2016. + }
  SECTION 8. Section 5 of this 2011 Act, as amended by section 6
of this 2011 Act, is amended to read:
   { +  Sec. 5. + } (1) As used in this section, 'multifamily
housing ' means:
  (a) A structure that contains two or more rental dwelling units
and is not a one or two family dwelling; or
  (b) A manufactured dwelling park.
  (2) A landlord for multifamily housing   { - that is subject to
section 2 of this 2011 Act or has 15 or more rental dwelling
units - }  must provide each rental dwelling unit with the
ability to receive television signals through a television
antenna system provided by the landlord or from a subscription
television service provider. The landlord must provide each
rental dwelling unit that receives a television signal through
the television antenna system with a means of avoiding the
receipt of any over-the-air television signal for which
recipients must pay a fee.
  (3) Subsection (2) of this section does not apply to
multifamily housing located at a site that:
  (a) Is not within 30 miles or less of a full-service broadcast
television station, or television station translator, that
operates with five or more watts of output;
  (b) Does not receive at least one television signal that
exceeds the signal strength levels described under 47
C.F.R. 73.622(e);
  (c) Does not receive at least one television signal available
to recipients without payment of a fee; or
  (d) Qualifies for exemption from section 2 of this 2011 Act as
provided by the Department of Consumer and Business Services
rules.
  SECTION 9.  { + The amendments to section 5 of this 2011 Act by
section 8 of this 2011 Act become operative January 2, 2021. + }
  SECTION 10. ORS 90.320 is amended to read:
  90.320. (1) A landlord shall at all times during the tenancy
maintain the dwelling unit in a habitable condition. For purposes
of this section, a dwelling unit shall be considered unhabitable
if it substantially lacks:
  (a) Effective waterproofing and weather protection of roof and
exterior walls, including windows and doors;
  (b) Plumbing facilities that conform to applicable law in
effect at the time of installation, and maintained in good
working order;
  (c) A water supply approved under applicable law that is:
  (A) Under the control of the tenant or landlord and is capable
of producing hot and cold running water;
  (B) Furnished to appropriate fixtures;
  (C) Connected to a sewage disposal system approved under
applicable law; and
  (D) Maintained so as to provide safe drinking water and to be
in good working order to the extent that the system can be
controlled by the landlord;
  (d) Adequate heating facilities that conform to applicable law
at the time of installation and maintained in good working order;
  (e) Electrical lighting with wiring and electrical equipment
that conform to applicable law at the time of installation and
maintained in good working order;
  (f) Buildings, grounds and appurtenances at the time of the
commencement of the rental agreement in every part safe for
normal and reasonably foreseeable uses, clean, sanitary and free
from all accumulations of debris, filth, rubbish, garbage,
rodents and vermin, and all areas under control of the landlord
kept in every part safe for normal and reasonably foreseeable
uses, clean, sanitary and free from all accumulations of debris,
filth, rubbish, garbage, rodents and vermin;
  (g) Except as otherwise provided by local ordinance or by
written agreement between the landlord and the tenant, an
adequate number of appropriate receptacles for garbage and
rubbish in clean condition and good repair at the time of the
commencement of the rental agreement, and the landlord shall
provide and maintain appropriate serviceable receptacles
thereafter and arrange for their removal;
  (h) Floors, walls, ceilings, stairways and railings maintained
in good repair;
  (i) Ventilating, air conditioning and other facilities and
appliances, including elevators, maintained in good repair if
supplied or required to be supplied by the landlord;
  (j) Safety from fire hazards, including a working smoke alarm
or smoke detector, with working batteries if solely
battery-operated, provided only at the beginning of any new
tenancy when the tenant first takes possession of the premises,
as provided in ORS 479.270, but not to include the tenant's
testing of the smoke alarm or smoke detector as provided in ORS
90.325 (1);
  (k) A carbon monoxide alarm, and the dwelling unit or the
structure in which the dwelling unit is a part contains a carbon
monoxide source as defined in ORS 105.836;   { - or - }
  (L) Working locks for all dwelling entrance doors, and, unless
contrary to applicable law, latches for all windows, by which
access may be had to that portion of the premises that the tenant
is entitled under the rental agreement to occupy to the exclusion
of others and keys for those locks that require keys  { - . - }
 { + ; or

  (m) If required under section 5 of this 2011 Act, a means for
the tenant to choose whether to receive television signals
through a television antenna system provided by the landlord and
maintained in good working order or through a subscription
television service provider. + }
  (2) The landlord and tenant may agree in writing that the
tenant is to perform specified repairs, maintenance tasks and
minor remodeling only if:
  (a) The agreement of the parties is entered into in good faith
and not for the purpose of evading the obligations of the
landlord;
  (b) The agreement does not diminish the obligations of the
landlord to other tenants in the premises; and
  (c) The terms and conditions of the agreement are clearly and
fairly disclosed and adequate consideration for the agreement is
specifically stated.
  (3) Any provisions of this section that reasonably apply only
to a structure that is used as a home, residence or sleeping
place shall not apply to a manufactured dwelling, recreational
vehicle or floating home where the tenant owns the manufactured
dwelling, recreational vehicle or floating home, rents the space
and, in the case of a dwelling or home, the space is not in a
facility.  Manufactured dwelling or floating home tenancies in
which the tenant owns the dwelling or home and rents space in a
facility shall be governed by ORS 90.730, not by this section.
  SECTION 11.  { + Section 12 of this 2011 Act is added to and
made a part of ORS chapter 315. + }
  SECTION 12.  { + (1) A credit against the taxes otherwise due
under ORS chapter 316 or, if the taxpayer is a corporation, under
ORS chapter 317 or 318 is allowed to a taxpayer if the taxpayer:
  (a) Operates multifamily housing as defined in section 5 of
this 2011 Act; and
  (b) Installs a television antenna system having the
characteristics described in section 5 of this 2011 Act at least
12 months prior to the date by which the installation is required
under section 5 of this 2011 Act.
  (2) The amount of the tax credit provided under subsection (1)
of this section shall be the lesser of:
  (a) $25 for each rental dwelling unit in the multifamily
housing that is capable of receiving a television signal from the
installation, regardless of whether the tenant chooses to use the
system; or
  (b) 10 percent of the cost of making the installation for the
multifamily housing.
  (3) The credit provided by this section is not in lieu of any
depreciation or amortization deduction for the television antenna
system to which the taxpayer otherwise may be entitled under ORS
chapter 315, 316 or 317 for the tax year. + }
  SECTION 13.  { + Section 12 of this 2011 Act applies to tax
years beginning on or after January 1, 2012, and ending on or
before December 31, 2020. + }
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