2005-122-Minutes for Meeting February 09,2005 Recorded 2/22/2005COUNTY OFFICIAL
TES
NANCYUBLANKENSHIP, COUNTY CLERKDS Vj 2009-122
COMMISSIONERS' JOURNAL OZ/ZZ/ZQdS 02:54: 01 PM
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DESCHUTES COUNTY CLERK
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Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF LEGISLATIVE CONFERENCE CALL
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, FEBRUARY 9, 2005
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St.., Bend
Present were Commissioners Tom De Wolf, Dennis R. Luke and Michael M. Daly.
Also present were Mike Maier, County Administrator; Julie Lyche and Hillary
Saraceno, Commission on Children & Families; Chuck Fadeley, Justice of the
Peace; LPSCC member Jack Blum, District Attorney Mike Dugan, Tom Blust, Road
Department; Anna Johnson, Commissioners' Office; and citizen Andrea Blum.
Present via conference call was Bill Linden of Public Counsel LLC, the County's
lobbyist in Salem. No media representatives or other citizens were in attendance.
Chair Tom De Wolf opened the meeting at 11:30 a.m.
County Priority Issues — Updates.
Substantive Legislation
Justice Court.
In regard to the Justice Court issue, Mr. Linden said he will be attending a meeting
on February 17 at which this will be discussed. He is not optimistic it will lead to a
resolution, however. It is thought that the Chief Justice is dragging his heels. The
State now gets 100% of the revenue generated by police citations, and would have
no expense if this switched over to Justice Court. Therefore, there is no potential
loss of revenue to the State.
Minutes of Legislative Conference Call Wednesday, February 9, 2005
Page 1 of 5 Pages
Commissioner DeWolf pointed out that if 100% of small claims ended up in
Justice Court, which would be a problem. Judge Fadeley added that small claims
can be handled more cheaply and quicker in Justice Court, and there could be a
spike in cases that would have to be addressed. Also, all small claims cases require
mediation, but the funding for mediation is going to sunset. Mr. Linden will check
into this issue.
SB 555 Sunset.
Mr. Linden stated that he hasn't heard anything further on this. Steve Doell
expressed no problems with how the funds are being spent, but is interested in a
cap which the County should not support. As money gets tighter, this problem will
continue.
Treasurer and Assessor.
Mr. Linden said he followed up on the Treasurer and Assessor bill, and the current
version would delete language regarding the Treasurer. It is felt that portion will
have to go on a ballot. The Assessor bill will still require a local choice for the
larger cities.
PSU Population Data.
Mr. Linden stated that nothing has been done on this issue so far.
Close "Slaver" Statute Loophole.
Senator Westlund is handling this issue. Mr. Linden will advise the Board when
this will go before the committee. Mike Dugan said the District Attorney's
Association supports it. Commissioner DeWolf stated that he wants to attend the
meeting when this goes to committee.
PIT Stop Legislation.
Mr. Linden stated this will be on a fast track when it comes out. The Attorney
General's office created the problem and wants to rectify it.
Police Of icer Use o Deadly Force (oppose.
Mr. Linden said he is still watching this; a couple of claims have been filed thus
far.
Minutes of Legislative Conference Call Wednesday, February 9, 2005
Page 2 of 5 Pages
Collective Bargaining
Mr. Linden stated he will see the Speaker next week and hopes to find out how
hard it will be pushed this session. Thus far the Speaker has not made a firm
commitment on what she will do. He is spending a lot of time following this issue,
and feels that the Governor will sign it if it gets to him. The bill would expand the
number of people, including some from emergency services. The cities and special
districts are also concerned.
Insurance Activities.
Nothing is happening on this issue so far.
Funding Issues.
The approach. or funding will be done in three steps: an overview provided by the
agencies, which has started with the Department of Education, is now dealing with
Corrections, with Transportation and others to follow. The second step is to make
decisions about priorities; but first the interest and advocacy groups will have
input. The third step is the actual budget work. It is far too soon to know where
the money is going to be allocated.
Mr. Linden said that the Governor wants to put all of the CCFA revenue into the
general fund. At this time the funds go to designated programs and agencies, but
the Governor wants more control over these dollars. All agencies are formally
opposed. It is thought that this part of his greater plan probably won't work. Most
of the funding would go into police training. This program does need funding, but
John Minnis, the Director of that operation, was previously involved in some of the
programs that would be affected and may not want to take away the CCFA funds.
Mr. Linden further said that he has spoken with Scott Johnson about mental health
issues and is keeping him posted. All of these programs are on the table with
initial hearings. There are huge holes in the Department of Human Services
budget, maybe as much as $450 million. Part of the problem is that case load
counts are hard to track.
Mike Dugan stated that Senate Bill 232, the mental health bill, has the support of
the Senate Judiciary. The Oregon District Attorney has some issues with it, but it
is felt those problems can be overcome. It would create a whole new program for
juveniles which would be very costly, and would take away from other programs.
Minutes of Legislative Conference Call Wednesday, February 9, 2005
Page 3 of 5 Pages
Mr. Linden said there is nothing to report yet on the Commission on Children &
Families' budget.
The Department o Transportation is now in its initial hearing phase.
An issue regarding noxious weed eradication was discussed at the last call-in
meeting. Mr. Linden said that he has discussed this with other lobbyists, and there
are pesticide reporting issues on several bills. There is strong support to scale back
on reporting requirements. This would free up some funds that could be used for
weed eradication.
Monitored Issues.
Tort reform will likely not happen this session.
Children's nutritional needs programs are being monitored.
The drug court issue is being watched. The drug court is part of the judicial
department budget for the most part, and that budget is in bad shape. Mr. Linden
said to let him know if more attention should be given to the drug court issue.
Commissioner DeWolf asked if there will be a mandate for mediation regarding
suits against public bodies. He noted that under Measure 37, no one is required to
work out the issue with the local jurisdiction; some go right to Circuit Court. That
results in Circuit Court making land use decisions, and this will become a dollar
problem. He asked that Mr. Linden keep the Board posted on what is going on
regarding Measure 37. Mr. Linden noted that if a consensus can't be reached,
nothing will happen to address Measure 37 issues.
Mr. Linden said that he will be meeting with Craig Campbell, the public safety
advisor to the Governor, regarding 1145 funding. Apparently, Mr. Campbell is
sensitive to the problems 1145 has created. Most recently this involved people
who didn't need much supervision being taken out of the system; funding was
therefore dropped without considering that this funding offsets the dollars needed
to cover the costs of overseeing the people who need a lot of supervision. This has
created a $9 million problem, and they are struggling to find funding for it now.
However, it is likely that they probably won't follow through in relieving the
counties from this responsibility.
Minutes of Legislative Conference Call Wednesday, February 9, 2005
Page 4 of 5 Pages
Mike Maier observed that if the labor bills pass, it will be a huge hardship on local
government entities.
Mike Dugan added that 1145 may be wrapped up in the meth bill. Many of the
meth bills talk about increasing penalties so the offenders go to prison. This would
mean a big cost to the State, so it's possible the offenders will end up with a
reduced sentence, from 13 months or more down to 9 to 12 months, so the counties
will end up with the offenders.
The District Attorneys across the state support meth awareness and prosecution,
but counties may end up with an unfunded mandate if this isn't closely watched. It
would also result in the counties having to provide treatment, and support for the
families of the offenders. Mr. Dugan added that he'd like to see the sentencing to
be at 12 months plus one day or more so the State will have to be responsible.
Being no further items brought before the group, the meeting adjourned at
12:10 p.m.
DATED this 9th Day of February 2005 for the Deschutes Coun Board
of Commissioners.
ATTEST:
Recording Secretary
Attachment
Tom DeWolf, Chair
Daly, CoAmissioner
R. Luke. Commissioner
Exhibit A: Agenda for Legislative Meeting (3 pages)
Minutes of Legislative Conference Call Wednesday, February 9, 2005
Page 5 of 5 Pages
Board of County Commissioners
Deschutes County
Legislative Meeting
February 9, 2005
Agenda
I. Call to order — Board Chair Tom DeWolf
II. County priority issues - updates
A. Substantive legislation
1. Justice court — Update: Meeting on 2-17
2. SB 555 sunset — in LC: Doell discussion
3. Appointed treasurer — in LC
4. Appointed assessor — in LC
5. PSU population data for state funding allocations — in LC
6. Close "slayer" statute loophole
7. PIT stop legislation — in LC
8. Police officer use of deadly force (oppose)
9. Public safety collective bargaining law changes (oppose) — SB 319,
320,321
10. Limits on local government insurance activities (oppose)
B. Funding issues
1. Adult corrections
a. SB 1145 funding — meeting with Craig Campbell on 2-7
b. Mentally ill persons — pilot program concept
2. Juvenile system
a. Juvenile sex offender treatment (SB 5530)
b. Juvenile sex offender residential program funding (SB 5530)
C. Juvenile outpatient mental health service (SB 5530)
1
d. SB 267 programs (SB 5530)
e. Increased OYA bed capacity (SB 5530)
f. Funding for juvenile female offender residential program
(SB 5530)
3. Other public safety issues
a. CFAA revenues
b. 911 fund raids (oppose)
4. Equity issues
a. Mental health funding
5. Public and mental health issues
a.
La Pine health center (HB 5038)
b.
School-based health centers (HB 5038)
C.
Increase public health per capita funding (HB 5038)
d.
OHP funding for children's dental care (HB 5038)
e.
Early childhood health screening and intervention (HB 5038)
f.
Funding for childhood obesity, asthma and diabetes
(HB 5038)
g.
Health services safety net funding (HB 5038)
h.
Fund preventive approaches to chronic diseases (HB 5038)
i.
Fund tobacco prevention programs (HB 5038)
6. Programs for children and families — budget reduction information
a. Maintain KIDS center funding — meetings with Bob Smit
b. Sustain expenditure flexibility
C. Adequate relief nursery funding
7. Transportation system
a. Increase ODOT modernization funding
8. Environmental issues
a. Funding for noxious weed eradication
2
C. Issues Being Monitored Only
1. Cup tort claim limits
2. Frivolous claim penalties
3. Attorney fee awards
4. Limit contingency fees in suits with public bodies
5. Mandate mediation in suits with public bodies
6. Attorney billing review process
7. ESD Funding equity
8. Drug Count Funding
9. Children's nutritional needs
D. Issues Dropped From Priority List
1. Juvenile local option concept
2. Restore Ballot Measures 30 cuts
3