2007-96-Minutes for Meeting January 24,2007 Recorded 2/8/2007DESCHUTES COUNTY OFFICIAL RECORDS CJ ~0~~~9~
NANCY BLANKENSHIP, COUNTY CLERK 1i~1 ri
COMMISSIONERS' JOURNAL 02/08/2007 0341;49 PM
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a
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 BUSINESS MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JANUARY 24, 2007
Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend
Present were Commissioners Michael M. Daly, Dennis R. Luke and Tammy Baney.
Also present were Dave Kanner, County Administrator; Bob Lacombe and Deevy
Holcomb, Juvenile Community Justice; Laurie Craghead, Legal Counsel; Greg
Canfield, Mental Health Department; Sue Brewster and Capt. Ruth Jenkin,
Sheriff's Office; George Read, Community Development Department; George
Kolb, Road Department; Judith Ure, Commissioners' Office; Joe Studer, County
Forester; media representative Keith Chu of The Bulletin; and seven other citizens.
Chair Daly opened the meeting at 10:00 a. m.
1. Before the Board was Citizen Input.
None was offered.
2. Before the Board was Consideration of Signature of Order No. 2007-032,
Authorizing the County Administrator to Issue a Notice of Intent to Award
and Execute an Agreement for Functional Family Therapy Services.
Bob LaCombe and Deevy Holcomb came before the Board and explained the
item. This will be an additional service provided to the County.
Commissioner Luke stated that in his opinion there were problems with the
provider in the past. He said Legal Counsel has indicated there should be no
concerns about this program. Deevy Holcomb added that they will be working
much closer with the Department and reporting will be regularly reviewed.
LUKE: Move approval of the County Administrator's signature, subject to
review of insurance documents.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 1 of 12 Pages
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
3. Before the Board was Consideration of Signature of Document No. 2007-
026, an Amendment to the State Agreement regarding Mental Health
Services.
Greg Canfield gave a brief overview of the contract, which adds about $60,000
to funds to be used to address gambling addiction issues. The employees who
work with these clients have specialized training, which is ongoing.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
4. Before the Board was Consideration of Signature of Document No. 2006-
029, for Jail Food and Commissary Services.
Dave Kanner explained the item. An RFP was done and there were two
respondents; Aramark was the lowest responsive bidder. There had been some
concerns regarding the language but the contract is now satisfactory. It is for
three years with an option for two additional years.
Commissioner Luke asked if a notice of intent to award was sent out. Dave
Kanner stated he didn't believe one was necessary.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
5. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2007-036, Determining and Certifying Final Assessment for
Local Improvements - Harper Road Local Improvement District.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 2 of 12 Pages
George Kolb said this is an established County road, so the Road Department
took care of the base and all improvements. The cost actually came out
somewhat lower than the estimate.
Chair Daly opened the public hearing. Being no testimony, he closed the
hearing.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
6. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2007-037, Determining and Certifying Final Assessment for
Local Improvements - Harrington Loop Road Local Improvement
District.
Mr. Kolb said this was not paved in October as originally planned due to
scheduling issues. Asphalt costs were higher then and the cost per lot was
somewhat over the estimated amount. However, the contractor held to the
original estimate. The cost was computed per lot; some lots had been split so
the cost was higher to those property owners.
Chair Daly opened the public hearing. Being no testimony, he closed the hearing.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
7. Before the Board was Consideration of Approval of County
Administrator's Signature on a Lease Agreement for Space for the Project
Wildfire Coordinator.
Katie Whitehall, the Project Coordinator; Tom Fay of Deschutes County Rural
Fire Protection District #2; and County Forester Joe Stutler gave an overview of
the need for this office space. The cost would be covered by grant funds.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 3 of 12 Pages
Most of the partners are located in Bend and it is more convenient for them for
Ms. Whitehall to be in Bend instead of in Redmond, working out of her home.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
8. Before the Board was Consideration of Approval of Special Transportation
Fund Committee Recommendations for ODOT Grant Applications.
Judith Ure explained the item. Twenty-two applications were received, and the
STF Committee met to make recommendations regarding the grants, which are
for preservation of current services, new projects which are ranked, and other
projects. The Board can approve as written, change the recommendations or
decline the recommendations. There is no guarantee that funding for all of the
groups will be approved.
Commissioner Luke asked how oversight is provided. Ms. Ure said that ODOT
may ask the County to oversee the groups and require quarterly reporting.
Commissioner Baney asked if the County receives a fee for handling these
grants. Ms. Ure replied that there is an administration fee.
LUKE: Move approval of signature of County Administrator or his designee.
BANEY: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
9. Before the Board was Consideration of County Administrator's Signature
of Document No. 2007-010, a Contract Amendment regarding Current
Year STF Funds.
Ms. Ure said this is the formula grant, which is received every two years. The
original grant was about $252,000, but the State is adding $21,000 to the
amount for the second year. The funding is based on revenue derived from
cigarette and alcohol sales.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 4 of 12 Pages
LUKE: Move approval of County Administrator's signature of this
document.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
10. Before the Board was a Public Hearing and Consideration of Signature of
Order No. 2007-028, Approving the Miller Tree Farm Annexation into
Deschutes County Rural Fire Protection District #2.
Laurie Craghead gave an overview of the item. The petition is complete since
the legal description has been found acceptable. All of the appropriate notices
have been done and all other approvals have been received. There has been no
opposition.
Chair Daly opened the hearing.
Tom Fay of Deschutes County Rural Fire Protection District #2 indicated that
the District has approved the annexation. He added that all of the annexations
are being approved much more quickly than in the past due to Legal Counsel's
help. Ms. Craghead said that much of this is due to the completeness of the
information coming from the District.
Being no further testimony, he closed the hearing.
LUKE: Move approval.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
11. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2007-002, Changing
References from "Administrative Services Director" to "County
Administrator", for Consistency in Deschutes County Code.
Dave Kanner gave an overview of the Ordinance, which addresses a
housekeeping issue, listing one job title throughout the Code.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 5 of 12 Pages
He said that Commissioner Baney had asked about Section 4.12.060 regarding
service fee adjustments, and a line in 4.12.020 that was not referenced and
changed out. He proposed that this change be added to the Ordinance if
approved.
Mark Pilliod said that he can't think of what might be adopted under an
emergency fee. Probably the only instance would be when the Health
Department has to purchase medications and the price changes during the year.
For the most part the costs are based on State law.
LUKE: Move amendment to the proposed Ordinance.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
LUKE: Move first and second readings by title only.
BANEY: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
Chair Daly then conducted the first and second readings of the Ordinance, by
title only, declaring an emergency.
LUKE: Move adoption.
BANEY: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
12. Before the Board was Consideration of First and Second Readings and
Adoption, by Emergency, of Ordinance No. 2007-003, Clarifying County
Administrator Duties within Deschutes County Code.
Mr. Kanner stated that this Ordinance is also a housekeeping measure,
clarifying that the County Administrator cannot select, appoint or terminate
County Legal Counsel. This will be the responsibility of the Board.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 6 of 12 Pages
At Commissioner Luke's request, language was added under vacancy, absence
or incapacity, the Board can designate an acting County Administrator to
temporarily fill the position. It is inferred that the person would be a County
employee.
LUKE: Move first and second readings by title only.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
Chair Daly then conducted the first and second readings of the Ordinance, by
title only, declaring an emergency.
LUKE: Move adoption.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
Before the Board was Consideration of Approval of the Consent Agenda.
LUKE: Move approval of the Consent Agenda.
BANEY: Second.
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
CONSENT AGENDA ITEMS
13. Signature of Resolution No. 2007-001, Transferring Appropriations within the
Sheriff's Office Fund
14. Signature of Resolution No. 2007-007, Transferring Appropriations within the
Fair & Expo Construction Fund
15. Signature of Resolution No. 2007-008, Transferring Appropriations within the
Sheriff's Office Fund
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 7 of 12 Pages
16. Signature of Resolution No. 2007-009, Transferring Appropriations within the
Community Development Department Fund
17. Signature of Resolution No. 2007-010, Transferring Appropriations in the
General Support Services - Legal Counsel Fund
18. Signature of Resolution No. 2007-012, Transferring Appropriations within the
Mental Health Fund
19. Signature of Order No. 2007-027, Authorizing the Refund of Property Taxes
20. Signature of Letters Reappointing Patrick Griffiths, Bob Jackson and Brad
Houslet to the Deschutes River Mitigation and Enhancement Committee,
through February 28, 2010
21. Signature of a Letter Reappointing Nadynne Lewis to the Board of Directors of
Special Road District #8, through December 31, 2009
CONVENED AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
22. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the 9-1-1 County Service District in the Amount of
$16,563.84 (two weeks).
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
CONVENED AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
23. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for the Extension/4-11 County Service District in the
Amount of $2,828.06 (two weeks).
LUKE: Move approval, subject to review.
BANEY: Second.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 8 of 12 Pages
VOTE: BANEY:
LUKE:
DALY:
Yes.
Yes.
Chair votes yes.
RECONVENED AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
24. Before the Board was Consideration of Approval of Weekly Accounts
Payable Vouchers for Deschutes County in the Amount of $1,784,300.30
(two weeks).
LUKE: Move approval, subject to review.
BANEY: Second.
VOTE: BANEY: Yes.
LUKE: Yes.
DALY: Chair votes yes.
25. ADDITIONS TO THE AGENDA
Commissioner Luke asked to talk about OLCC license applications. The Board
received a request for a recommendation on an application that the Sheriff's
Office does not recommend. OLCC has indicated in the past that they make the
final call on these items. Dave Kanner asked that the applicant be given an
opportunity to explain the denial.
The La Pine City Council made a motion to support the biomass project;
however, it was a split vote. Commissioner Luke said he is willing to move that
the County approve the proposed
Commissioner Baney said she feels that there has not been enough public input
on this matter and she would like to see a hearing scheduled to take public
testimony. Commissioner Luke said the County, through LIGI (La Pine
Industrial Group, Inc.) had a hearing as well as one set up by Silvan Power.
Commissioner Baney stated she felt there still needs to be more discussion on
this issue.
Commissioner Luke said this is not approval of the project; it is an offer to
purchase property and there is a separate, lengthy process for the actual use of
the property.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 9 of 12 Pages
He also cautioned that the Board had asked the La Pine City Council for its
opinion but by calling for a public hearing, the Board is ignoring this input; and
this is not how to start out a relationship with another government entity.
Commissioner Daly stated that he feels uncomfortable about the sale, even
though the City Council does support it. He would recommend another public
hearing. Commissioner Baney indicated this should be expedited.
Dave Kanner stated this is not regarding the use of the land; it is only in regard
to the sale agreement. He asked that Susan Ross set up a hearing date with
LIGI as appropriate.
Commissioner Luke said that it is a lengthy process for any land use, and there
will need to be the involvement of the DEQ, the County and the City.
The meeting recessed for five minutes, at which time the Board met with the
State lobbyist via conference call regarding a number of State legislative issues.
Present were the Commissioners; Dave Kanner; Scott Johnson, Mental Health
Department; Hillary Saraceno, Commission on Children & Families; Jack and
Andrea Blum; Keith Chu, The Bulletin; and, via conference call, State lobbyist
representative Mark Nelson.
Commissioner Luke asked if the Commissioners are just receiving copies of
bills that may receive a hearing. Mr. Nelson answered that everything that
could have a potential effect is being sent. If the Board is not interested in an
issue, it would become a low priority item.
In regard to the Justice Court, the bill has not yet been drafted. The delegation
is reluctant to take this on since the Chief Justice is not supportive.
Commissioner Luke explained that he has been on the Court Facilities
Committee, and after their last meeting he spoke with the Chief Justice who
indicated he is too busy to deal with it. There won't be opposition like there
was in the past; it is not a personal issue. In this case there will not be public
statements released on the issue that have not been approved by the Chief
Justice. The Bill should be the same as before.
Mr. Nelson said that Representatives Burley and Whisnant do not want to
present it. Commissioner Luke stated he would contact them.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 10 of 12 Pages
In regard to population data, there are some questions regarding various
programs. Some departments might have been contacted direct.
Regarding delinquent taxes and foreclosure properties, there are two versions:
one is retroactive to 2005, and one is for 2007. Commissioner Luke said that it
would be too hard to get refunds from schools districts, so this year should be
used. Opposition will come from the larger districts in the valley, so the
argument should be that this is "found" money. This issue has to be a level 1
issue for Deschutes County, since no one else will take the lead. It doesn't
affect school district funding from the State. Commissioners Luke and Baney
stated they would go to Salem and testify if needed.
$10 million in Mental Health funding is designated. The report is more in
depth.
The auction sales item is on hold due to opposition from the Sheriffs group.
At this point, legislative counsel is only through about half of its workload from
November, so many issues have not yet been addressed.
Level 2 items at this point include the Treatment Courts. A bill was introduced
to change the language from Drug Court. Commissioner Baney stated that she
wants to be sure both Drug Court and Mental Health Treatment Court are
funded. She asked if there was a concern about these being combined. Mr.
Nelson replied that the Treatment Court probably does not include Mental
Health Court. Scott Johnson said that he will examine the document to make
sure.
There has been a $2.5 million increase in funding out of criminal justice/liquor
revenue. Mr. Johnson asked if this is new revenue. Mr. Nelson said this is not
indicated in the analysis; he will check.
Mental Health has had an increase in funding, but it does not cover all aspects.
In regard to the Sunriver issue, Representative Burley has a note in for this bill.
It is now in legislative committee.
Regarding the "in harms way" legislation, the bill is plugged into legislative
counsel. Hillary Saraceno said that this came from Deschutes County
originally.
In regard to community corrections, there has been a $25 million increase and it
is fully funded. Dave Kanner added that it had been frozen for two sessions so
they still have some catch-up to do.
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 11 of 12 Pages
Commissioner Baney asked about new meth legislation. Mr. Nelson will check
and report back.
No other items were discussed.
Being no further items to come before the Board, Chair Daly adjourned the
meeting at 11:55 a.m.
DATED this 24th Day of January 2007 for the Deschutes County
Board of Commissioners.
ATTEST:
Recording Secretary
ichael M. Daly, C air
/z.
Dennis R. Lu e, ice C
Tammy Bey, Comrr(iisioner
Minutes of Board of Commissioners' Business Meeting Wednesday, January 24, 2007
Page 12 of 12 Pages
~~'C E S C~
G
❑ 2~
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 A.M., WEDNESDAY, JANUARY 24, 2007
Commissioners' Hearing Room - Administration Building
1300 NW Wall St., Bend
CITIZEN INPUT
This is the time provided for individuals wishing to address the Board regarding issues that
are not already on the agenda. Visitors who wish to speak should sign up prior to the
beginning of the meeting on the sign-up sheet provided. Please use the microphone and also
state your name and address at the time the Board calls on you to speak.
2. CONSIDERATION of Signature of Order No. 2007-032, Authorizing the
County Administrator to Issue a Notice of Intent to Award and Execute an
Agreement for Functional Family Therapy Services - Deevy Holcomb, Juvenile
Community Justice
3. CONSIDERATION of Signature of Document No. 2007-026, an Amendment
to the State Agreement regarding Mental Health Services - Greg Canfield,
Mental Health Department
4. CONSIDERATION of Signature of Document No. 2006-029, for Jail Food
and Commissary Services - Sue Brewster and Capt. Ruth Jenkin, Sheriff's
Office
5. A PUBLIC HEARING and Consideration of Signature of Order No. 2007-
036, Determining and Certifying Final Assessment for Local Improvements -
Harper Road Local Improvement District - George Kolb, Road Department
6. A PUBLIC HEARING and Consideration of Signature of Order No. 2007-
037, Determining and Certifying Final Assessment for Local Improvements -
Harrington Loop Road Local Improvement District - George Kolb, Road
Department
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 1 of 7 Pages
7. CONSIDERATION of Approval of County Administrator's Signature on a
Lease Agreement for Space for the Project Wildfire Coordinator - Joe Studer,
County Forester
8. CONSIDERATION of Approval of Special Transportation Fund Committee
Recommendations for ODOT Grant Applications - Judith Ure, Commissioners'
Office
9. CONSIDERATION of County Administrator's Signature of Document No.
2007-010, a Contract Amendment regarding Current Year STF Funds - Judith
Ure, Commissioners' Office
10. A PUBLIC HEARING and Consideration of Signature of Order No. 2007-
028, Approving the Miller Tree Farm Annexation into Deschutes County Rural
Fire Protection District #2 - Laurie Craghead, Legal Counsel
11. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2007-002, Changing References from
"Administrative Services Director" to "County Administrator", for Consistency
in Deschutes County Code - Dave Kanner, County Administrator
12. CONSIDERATION of First and Second Readings and Adoption, by
Emergency, of Ordinance No. 2007-003, Clarifying County Administrator
Duties within Deschutes County Code - Dave Kanner, County Administrator
CONSENT AGENDA
13. Signature of Resolution No. 2007-001, Transferring Appropriations within the
Sheriff's Office Fund
14. Signature of Resolution No. 2007-007, Transferring Appropriations within the
Fair & Expo Construction Fund
15. Signature of Resolution No. 2007-008, Transferring Appropriations within the
Sheriff's Office Fund
16. Signature of Resolution No. 2007-009, Transferring Appropriations within the
Community Development Department Fund
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 2 of 7 Pages
17. Signature of Resolution No. 2007-010, Transferring Appropriations in the
General Support Services - Legal Counsel Fund
18. Signature of Resolution No. 2007-012, Transferring Appropriations within the
Mental Health Fund
19. Signature of Order No. 2007-027, Authorizing the Refund of Property Taxes
20. Signature of Letters Reappointing Patrick Griffiths, Bob Jackson and Brad
Houslet to the Deschutes River Mitigation and Enhancement Committee,
through February 28, 2010
21. Signature of a Letter Reappointing Nadynne Lewis to the Board of Directors of
Special Road District #8, through December 31, 2009
CONVENE AS THE GOVERNING BODY OF THE 9-1-1 COUNTY
SERVICE DISTRICT
22. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
the 9-1-1 County Service District
CONVENE AS THE GOVERNING BODY OF THE EXTENSION/4-11
COUNTY SERVICE DISTRICT
23. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for the
Extension/4-H County Service District
RECONVENE AS THE DESCHUTES COUNTY BOARD OF
COMMISSIONERS
24. CONSIDERATION of Approval of Weekly Accounts Payable Vouchers for
Deschutes County
25. ADDITIONS TO THE AGENDA
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 3 of 7 Pages
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
FUTURE MEETINGS:
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572)
Monday, January 22, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, January 23, 2007
3:30 p.m. Sheriff's Department Update, at Sheriffs Office
Wednesday, January 24, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, January 25, 2007
8:00 a.m. Board Goal Setting Retreat - Fair & Expo Center Office, Redmond
Monday, January 2.9, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, January 31, 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 4 of 7 Pages
Thursday, February 1, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Monday, February 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, February 7 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 14, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 19, 2007
Most County offices will be closed to observe Presidents' Day
Wednesday, February 21, 2007
12 noon Regularly scheduled Department Heads Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, February 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday, February 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 5 of 7 Pages
Monday, March 5, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday, March 7 2007
10:00 a.m. Board of Commissioners' Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
Wednesday March 14 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, March 15, 2007
7:00 a.m. Regularly Scheduled Meeting with the Redmond City Council, Council Chambers
Monday, March 19, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Tuesday, March 20 2007
10:00 a.m. Regular Meeting of the Employee Benefits Advisory Committee
Wednesday, March 21, 2007
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, March 26, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 6 of 7 Pages
Wednesday, March 28, 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Monday, April 2, 2007
10:00 a.m. Board Land Use Meeting
1:30 p.m. Administrative Work Session - could include executive session(s)
3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council)
Wednesday. April 4 2007
10:00 a.m. Board of Commissioners' Meeting
11:15 a.m. Legislative Update Conference Call
1:30 p.m. Administrative Work Session - could include executive session(s)
Thursday, April 5, 2007
8:00 a.m. Regular Meeting with the City of Sisters Council, Sisters City Hall
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
Board of Commissioners' Business Meeting Agenda Wednesday, January 24, 2007
Page 7 of 7 Pages
DESCHUTES COUNTY BOARD OF COMMISSIONERS
January 24, 2007
Conference Call Agenda
#866.279.1568 / *8678842*
I. CALL TO ORDER - BOARD CHAIR
II. LEGISLATIVE PRIORITIZATION PROCESS
III. COUNTY LEGISLATIVE PRIORITIES
a. Determine priority for delinquent tax LC drafts
i. Level i issues
i. Justice Court - in legislative counsel
2. Use of current population data in allocating state funds
3. Community mental health services funding
4. Auction and sale of foreclosed properties - set by commission
(on hold)
5. General funding equity - in legislative counsel
ii. Level 2 issues
1. Expand treatment court program
2. Foreclosure revenue and school funding calculations - Bill
backed
3. Increase funding for Mental Health court
4. Oppose law enforcement collective bargaining changes
a. Coalition meeting
5. Traffic code enforcement in special service districts - in
legislative counsel
iii. Level 3 issues
1. In Harms Way legislation - in legislative counsel
2. Community Corrections Act funding
IV. OTHER BUSINESS
DESCHUTES COUNTY
Date: Tuesday, January 23, 2007
Please see the enclosed bills for your review. After you have read the bill,
please decide the importance of this issue to your company by indicating
the priority in the boxes below. If applicable, please also indicate if you
oppose or support (O/S) the bill. Please return via email or fax at (503) 371-2471.
Thank you!
Please mark the applicable boxes:
Priority 1= Expend all resources possible to pass or defeat
Priority 2 = Provide support (testimony, letters) to lead organization lobbying issue
Priority 3 = No resources expended, but want to monitor and report at the end of session
Priority 4 = Out of system
Bill #
Prioritv 1 :
Priori 2
Priori ' 3
Priority 4
O/S
HB 2021
HB 2030
HB 2031
HB 2032
HB 2033
HB 2130
HB 2139
FIB 2162
HB 2228
FIB 2229
HB 2230
HB 2231
HB 2232
HB 2236
HB 2239
HB 2296
HB 2302
HB 2404
SB 33
SB 43
SB 111
SB 171
Please mark the applicable boxes:
Priority 1= Expend all resources possible to pass or defeat
Priority 2 = Provide support (testimony, letters) to lead organization lobbying issue
Priority 3 = No resources expended, but want to monitor and report at the end of session
Priority 4 = Out of system
Bill #
Priori 1
Priori 2
Priority 3
Priori 4
O/S
SB 173
SB 310
SB 319
SB 374
SB 400
SB 401
SB 402
SB 422
SB 5505
Current Measure Status Report
For Deschutes
Courtesy of Public Affairs Council
Friday, January 12th
Bill
No.
Title Note /Priority /Position
Status
Date
HB 2021
Makes public agency liable for workers unpaid wages, fringe
Referred to Business and Labor
11-Jan
benefits and liquidated damages when public agency fails to
include certain information about prevailing rates of wage in
specifications for public works contract.
H
Note: Deschutes Priori : N Position: fn/al
HB 2162
Extends certain services provided by county veterans service
Referred to Veterans Affairs
11-Jan
officers to survivors of veterans.
H
Note: Deschutes Priori : N Position: [n/al
SB 43
Decreases earliest time for collection of delinquent property
Referred to Finance and Revenue
11-Jan
taxes from one year to three months.
S
Note: Deschutes Priori : N Position: n a
SB 111
Creates planning authority in each county to develop plan
Referred to Judiciary
then Ways and
11-Jan
,
concerning use of deadly physical force by police officers.
Means
S
Note: Deschutes Priori : N Position: [n/al
SB 171
Permits counties to share tax return information when
Referred to Finance and Revenue
11-Jan
taxpayers transfer property between counties or operate
businesses in multiple counties.
S
Note: Deschutes Priori : N Position: n a
SB 173
Permits Department of Revenue to disclose tax information to
Referred to Finance and Revenue
11-3an
cities, counties, other political subdivisions of other states or
associations established exclusively to provide services to
taxing authorities, if city, county, other political subdivision or
association has or is governed by law meeting federal
Internal Revenue Code confidentiality requirements.
S
Note: Deschutes Priori : N Position: [n/al
HB 2030
Eliminates sunset date on statutory authorization-for counties
Referred to Revenue
10-Jan
to maintain property tax bankruptcy accounts, moneys from
which are used to fund increased collection costs incurred
when counties undertake to collect outstanding property
taxes that are also subject to bankruptcy court proceedings.
H
Note: Deschutes Priori : N Position: [n/al
HB 2031
Permits county tax collector to petition county court to cancel
Referred to Revenue with subsequent
10-Jan
uncollectible disqualified deferral amounts on exempt real
referral to Ways and Means
property.
H
Note: Deschutes Priori : N Position: Wail
HB 2032
Requires Department of Revenue to pay delinquent taxes,
Referred to Revenue
10-Jan
interest and penalties on homesteads for which property tax
deferral is claimed by seniors and persons with disabilities.
H
Note: Deschutes Priori : N Position: [n/al
HB 2033
Revises definition of "minimum county road base funding" for
Referred to Transportation with subsequent
10-Jan
purposes of allocating moneys from State Highway Fund.
referral to Ways and Means
H
Note: Deschutes Priori : N Position: n a
Current Measure Status Report
For Deschutes
Courtesy of Public Affairs Council
Friday, January 12th
HB 2130
Removes limitation on proportion of Criminal Fine and
Referred to Judiciary
09-Jan
Assessment Account appropriation that Criminal Injuries
Compensation Account may disburse to county or city
comprehensive victims assistance programs.
H
Note: Deschutes Priori : N Position: n a
HB 2139
Provides that mediation of workplace interpersonal disputes
Referred to Judiciary
09-Jan
between employees of public body may be confidential.
H
Note: Deschutes Priori : N Position: n a
HB 2228
Increases authority of county assessors to grant extensions
First reading. Referred to Speakers desk
09-Jan
of time for filing property tax returns.
H
Note: Deschutes Priori : N Position: [n/al
HB 2229
Limits interest on refunds for property tax overpayment to
First reading. Referred to Speakers desk
09-Jan
portion of overpayment not attributable to inaccurate
taxpayer reports.
H
Note: Deschutes Priori : N Position: n a
HB 2230
Permits Department of Revenue to consider untimely
First reading. Referred to Speakers desk
09-3an
taxpayer applications for tax relief due to destruction or
damage to real property.
H
Note: Deschutes Priori : N Position: n a
HB 2231
Extends deadline to file application for reassessment of real
First reading. Referred to Speakers desk
09-Jan
or personal property value due to destruction or damage if
application is filed within 60 days of destruction or damage.
H
Note: Deschutes Priori : N Position: fn/al
HB 2232
Permits county boards of property tax appeals to waive
First reading. Referred to Speakers desk
09-Jan
penalties for first-time delinquent real property or combined
tax returns.
H
Note: Deschutes Priori : N Position: n a
HB 2236
Permits counties to pay contested property tax refunds prior
First reading. Referred to Speakers desk
09-3an
to conclusion of property tax appeals.
H
Note: Deschutes Priori : N Position: [n/al
HB 2239
Modifies procedures for reviewing assessment rolls,
First reading. Referred to Speakers desk
09-Jan
correcting clerical errors and omissions, and adding omitted
property to assessment rolls that are prepared by
Department of Revenue for assessment and apportionment
of centrally assessed property.
H
Note: Deschutes Priori : N Position: n a
HB 2296
Establishes renewable energy research center at Cascades
First reading. Referred to Speakers desk
09-3an
Campus of Oregon State ]niversity.
H
Note: Deschutes Priori : N Position: n a
HB 2302
Expands duties of Oregon Criminal Justice Commission.
First reading. Referred to Speakers desk
09-Jan
H
Note: Deschutes Priori : N Position: n a
HB 2404
Modifies definition of "employment relations" to include
First reading. Referred to Speakers desk
10-Jan
certain staffing levels and safety issues for certain employees
who are prohibited from striking.
H
Note: Deschutes Priori : N Position: [n/al
SB 33
Clarifies responsibility of Department of Human Services
Introduction and first reading. Referred to
08-Jan
relating to drinking water.
Presidents desk
5
Note: Deschutes Priori : N Position: n a
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2021
Sponsored by Representative SCHAUFLER (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.
Makes public agency liable for workers' unpaid wages, fringe benefits and liquidated damages
when public agency fails to include certain information about prevailing rates of wage in specifica-
tions for public works contract.
I A BILL FOR AN ACT
2 Relating to prevailing rates of wage; creating new provisions; and amending ORS 279C.855.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 279C.855 is amended to read:
5 279C.855. (1) Any contractor or subcontractor or contractor's or subcontractor's surety that vi-
6 olates the provisions of ORS 279C.840 is liable to the workers affected in the amount of their unpaid
7 minimum wages, including all fringe benefits [as defined in ORS 279C.8001, and in an additional
8 amount equal to the unpaid wages as liquidated damages.
9 (2) Actions to enforce liability to workers under subsection (1) of this section may be brought
10 as actions on contractors' bonds as provided for in ORS 279C.610.
11 (3) If [the] a public agency fails to include a provision that the contractor and any subcontractor
12 shall comply with ORS 279C.840 in the advertisement for bids, the request for bids, the contract
13 specifications, the accepted bid or elsewhere in the contract documents, the liability of the public
14 agency for unpaid minimum wages, as described in subsection (1) of this section, is joint and several
15 with any contractor or subcontractor that had notice of the requirement to comply with ORS
16 279C.840.
17 (4) If a public agency fails to include the state and federal prevailing rates of wage in the
18 specifications for a contract for public works when required under ORS 279C.830 (1)(a), or
19 fails to include in the specifications information showing which prevailing rate of wage is
20 higher for workers in each trade or occupation in each locality when required under ORS
21 279C.830 (1)(b), the public agency is liable to the workers affected in the amount of their
22 unpaid minimum wages, including all fringe benefits, and in an additional amount equal to
23 the unpaid wages as liquidated damages.
24 (5) The Commissioner of the Bureau of Labor and Industries may enforce the provisions of [this
25 subsection] subsections (3) and (4) of this section by a civil action under ORS 279C.850 (4), by a
26 civil action on an assigned wage claim under ORS 652.330, or by an administrative proceeding on
27 an assigned wage claim under ORS 652.332.
28 SECTION 2. The amendments to ORS 279C.855 by section 1 of this 2007 Act apply only
29 to public contracts for public works first advertised or solicited on or after the effective date
30 of this 2007 Act.
31
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 147
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2162
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Veterans' Affairs)
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.
Extends certain services provided by county veterans' service officers to survivors of veterans.
1 A BILL FOR AN ACT
2 Relating to survivors of veterans; creating new provisions; and amending ORS 406.450, 406.452,
3 406.454, 406.456 and 408.410.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. As used in ORS 406.450, 406.452, 406.454 and 406.456, "survivor of a veteran"
6 means the spouse or a dependent of a deceased veteran.
7 SECTION 2. ORS 406.450 is amended to read:
8 406.450. (1) The Director of Veterans' Affairs shall establish a program to enhance and expand
9 the services provided by county veterans' service officers appointed under ORS 408.410.
10 (2) The program shall:
11 (a) Conduct outreach and provide veterans, [and their] spouses and dependents of veterans or
12 survivors of veterans with:
13 (A) Information regarding veterans' benefit programs and other benefit programs; and
14 (B) Assistance by trained representatives who are certified by the state in applying for all fed-
15 eral and state veterans' benefits and aid to which veterans, [and their] spouses and dependents of
16 veterans or survivors of veterans may be entitled on account of [their] the veterans' military
17 service and in appealing any denial of veterans' benefits or aid;
18 (b) Develop and offer informational materials and training opportunities for county veterans'
19 service officers;
20 (c) Develop a comprehensive and coordinated statewide network of information and referral re-
21 sources for veterans, [and their] spouses and dependents of veterans or survivors of veterans;
22 (d) Ensure that the receipt of veterans' benefits or aid does not adversely impact other benefits
23 or aid that a veteran [or], the spouse or dependent of a veteran or a survivor of a veteran may
24 be receiving or may be eligible to receive; and
25 (e) Facilitate coordination of computer systems to ensure the seamless transfer of information.
26 SECTION 3. ORS 406.452 is amended to read:
27 406.452. The Director of Veterans' Affairs may establish by rule a state certification program
28 for veterans' service officers appointed under ORS 408.410 and other individuals providing similar
29 services to ensure their competency. The program curriculum shall provide the training and educa-
30 tion necessary to allow veterans' service officers and other individuals to assist veterans, [and
31 their] spouses and dependents of veterans or survivors of veterans in applying for all federal and
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 523
HB 2162
1 state veterans' benefits and aid to which veterans, [and their] spouses and dependents of veterans
2 or survivors of veterans may be entitled and in appealing any denial of veterans' benefits or aid.
3 The curriculum shall include, but need not be limited to, training and education in the following
4 areas:
5 (1) Applicable federal, state and local laws providing benefits or aid for veterans, [and their]
6 spouses and dependents of veterans or survivors of veterans and other benefits or aid for which
7 veterans, [or their] spouses or dependents of veterans or survivors of veterans may be eligible;
8 (2) Skills necessary to provide quality representation and advocacy on behalf of veterans, [or
9 their] spouses or dependents of veterans or survivors of veterans, including case preparation and
10 handling of administrative hearings and appeals;
11 (3) Effective communication skills;
12 (4) Health care, human services and referral resources; and
13 (5) Claims management.
14 SECTION 4. ORS 406.454 is amended to read:
15 406.454. (1) The Director of Veterans' Affairs shall adopt by rule a formula to distribute to
16 county governing bodies funds appropriated to the director to enhance and expand the services
17 provided by county veterans' service officers appointed under ORS 408.410. In developing the dis-
18 tribution formula, the director shall consider factors that include, but need not be limited to:
19 (a) The number of veterans residing in each county;
20 (b) A base amount to be distributed equally among counties;
21 (c) Retention of an amount, not to exceed six percent of the total amount appropriated to the
22 director for the purposes of ORS 406.450, that would otherwise be distributed to a county governing
23 body if the county governing body has not appointed county veterans' service officers; and
24 (d) Criteria for withholding funds from a county governing body.
25 (2) Funds retained under subsection (1)(c) and (d) of this section must be spent on:
26 (a) Training costs of veterans' service officers and other individuals providing similar services;
27 and
28 (b) The coordination of computer systems and technology to facilitate efficient delivery of ser-
29 vices to veterans, [and their] spouses and dependents of veterans or survivors of veterans.
30 SECTION 5. ORS 406.456 is amended to read:
31 406.456. The Director of Veterans' Affairs shall adopt rules to implement ORS 406.450, 406.452
32 and 406.454. The rules shall include, but need not be limited to:
33 (1) Development and implementation of a distribution formula;
34 (2) Establishment of reporting and data collection requirements for county veterans' service of-
35 ficers including, but not limited to, the number of interviews conducted, the number of veterans,
36 [and] spouses and dependents of veterans or survivors of veterans served by the program, the
37 number of claims filed, the outcomes of claims filed and the outreach activities conducted; and
38 (3) Establishment of service outcomes for county veterans' service officers.
39 SECTION 6. ORS 408.410 is amended to read:
40 408.410. (1) The county governing body in each county may appoint a service officer who shall
41 give aid and assistance to any veteran, the spouse or dependents of the veteran or the survivors
42 of the veteran, in applying for all benefits and aid to which they are entitled by federal, state or
43 local laws, rules and regulations. The county governing body shall fix the compensation of the ser-
44 vice officer, provide the service officer with an office and the necessary equipment therefor in the
45 same manner as provided for any other county officer. If a county governing body appoints a service
[2]
HB 2162
1 officer, the governing body shall also provide in the annual budget for expenditure of moneys suffi-
2 cient to enable the county to employ the service officer, to properly maintain the office provided for
3 the service officer and to pay the costs incurred by the service officer in providing assistance to
4 veterans, [their] spouses and dependents of veterans or survivors of veterans. The annual expen-
5 ditures required by this section shall be made from the county funds referred to in ORS 408.720.
6 (2) As used in this section, "survivor of a veteran" means the spouse or a dependent of
7 a deceased veteran.
8
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 43
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Senate Commission on Educational Excellence)
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.
Decreases earliest time for collection of delinquent property taxes from one year to three
months.
Declares counties may enter into contracts with private law firms to collect delinquent property
taxes. Prohibits private law firms acting as county tax collectors from recovering attorney fees that
are in addition to penalty imposed by county.
Decreases earliest time for foreclosure of property tax liens from three years from date of de-
linquency to one year from date of delinquency.
Permits taxpayers to petition Director of Department of Revenue to delay foreclosure for up to
one year for serious hardship. Defines "serious hardship." Requires taxpayers applying for delay of
foreclosure for serious hardship to pay one-half of amount owing when application is filed.
Decreases redemption period for real property sold to county from two years to 180 days. Re-
tains two-year redemption period if property sold to county is homestead or qualifies for farm use
special assessment.
For purposes of calculation of State School Fund distribution to school districts and education
service districts, excludes from local revenues specified increase in local revenue that is used for
capital construction. Sunsets exclusion on July 1, 2010.
Applies to property taxes that are delinquent on or after effective date of Act.
Takes effect on 91st day following adjournment sine die.
I A BILL FOR AN ACT
2 Relating to property taxes; creating new provisions; amending ORS 306.113, 311.545, 311.547, 311.610,
3 312.005, 312.010, 312.020, 312.050, 312.120, 312.125, 312.200, 312.230, 312.260, 327.013 and 327.019;
4 and prescribing an effective date.
5 Be It Enacted by the People of the State of Oregon:
6 SECTION 1. (1) The governing body of a county may contract with a private attorney li-
7 censed to practice law in this state to represent the county in enforcing the collection of
8 delinquent property taxes, penalties, interest, special assessments, fees or other charges.
9 (2) The county shall pay a private attorney with whom the county has contracted under
10 this section an amount equal to 20 percent of the amount of the delinquent taxes, penalties,
11 interest, special assessments, fees or other charges collected by the attorney.
12 (3) A private attorney acting within the scope of the contract described in this section
13 or a person who is the private attorney's employee or agent acting within the scope of the
14 contract is an employee or agent of the county for purposes of ORS 30.260 to 30.300.
15 SECTION 2. (1) The governing body of a county shall provide that real property taxes,
16 penalties, interest, special assessments, fees or other charges still delinquent on November
17 15 of the year following the year of assessment and personal property taxes, penalties, in-
18 terest, special assessments, fees or other charges still delinquent on the earlier of November
19 15 or 180 days after a warrant has been recorded in the year following the year of assessment
20 incur a penalty in the amount of 20 percent of the delinquent taxes, penalties, interest, spe-
21 cial assessments, fees or other charges owed.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1239
SB 43
1 (2) A private attorney may not recover attorney fees in an action to collect delinquent
2 property taxes subject to the penalty.
3 (3) A penalty imposed under this section is secured by a lien on the property that secures
4 the tax.
5 SECTION 3. (1) As used in this section, "serious hardship" means a situation where an
6 extraordinary circumstance beyond the control of the person has caused extreme financial
7 difficulty that prevents the person from paying delinquent property taxes, penalties, interest,
8 special assessments, fees or other charges on the property of the person by the date sched-
9 uled for the commencement of foreclosure proceedings.
10 (2) Any person may apply to the Director of the Department of Revenue or the designee
11 of the director to delay for up to one year the commencement of proceedings to foreclose a
12 county tax lien on the property of the person on the grounds of serious hardship. The person
13 must apply for the delay prior to the expiration date of the period of redemption under ORS
14 312.120. The application must contain the following:
15 (a) A statement of serious hardship; and
16 (b) Payment of an amount equal to one-half of the delinquent taxes, interest and penalty
17 owing at the time of the filing of the application.
18 (3)(a) If the director finds good and sufficient cause that a postponement of foreclosure
19 proceedings should be granted due to serious hardship, the director shall send a written de-
20 cision to the tax collector of the county in which the property is located. The decision shall
21 specify the date that the county may commence proceedings to foreclose the tax lien on the
22 property. The tax collector shall postpone foreclosure proceedings on the property of the
23 applicant for the period of time specified in the decision. The tax collector shall notify the
24 taxpayer in writing of the decision.
25 (b) If the application is granted, the notice shall specify the date that the county may
26 commence proceedings to foreclose the tax lien on the property.
27 SECTION 4. ORS 306.113 is amended to read:
28 306.113. The Legislative Assembly finds that for the property tax system to function appropri-
29 ately it is essential that administration, including the collection of delinquent property taxes,
30 be results-based, innovative and efficient. Any direction to, or review of, county administration by
31 the State of Oregon shall carry out this finding.
32 SECTION 5. ORS 311.545 is amended to read:
33 311.545. (1) As soon as practicable after taxes become delinquent each year, the tax collector
34 shall send to each person, firm or corporation shown on the tax roll as owning real property on
35 which the taxes due and charged have not been paid, a written notice, stating:
36 (a) A brief description of each parcel of real property.
37 (b) The total amount of taxes due and delinquent on the real property.
38 (c) The rate of interest [and penalties] applicable [thereto] to the delinquent taxes.
39 (d) The date on or after which foreclosure proceedings may be commenced as provided by law.
40 (e) That delinquent taxes, penalties, interest, special assessments, fees or other charges
41 may be referred to a private attorney for collection.
42 (f) That if the county has elected to refer delinquent taxes, penalties, interest, special
43 assessments, fees or other charges to a private attorney for collection, the taxes, penalties,
44 interest, special assessments, fees or other charges still delinquent on November 15 of the
45 year following the year of assessment will incur a penalty equal to 20 percent of the amounts
[2]
SB 43
1 owed.
2 (2) The tax collector shall send the notice, in each instance, by letter mail to the last-known
3 address of the person, firm or corporation shown on the tax roll, or otherwise reported to the tax
4 collector, as owing the delinquent taxes.
5 (3) This section does not apply where the amount of the taxes delinquent against any particular
6 parcel of real property is less than $1.
7 SECTION 6. ORS 311.547 is amended to read:
8 311.547. After any installment of personal property taxes becomes delinquent, and from time to
9 time thereafter at the discretion of the tax collector, the tax collector shall as soon as practicable
10 send to each person, firm or corporation in whose name personal property is shown on the tax roll
11 and on which the taxes due and charged have not been paid, a written notice stating:
12 (1) The total amount of taxes due and delinquent;
13 (2) The date of delinquency;
14 (3) The rate of interest applicable thereto;
15 (4) The date interest begins to run; [and]
16 (5) The date on or after which property will be distrained or a warrant served as provided by
17 law[.
18 (6) That delinquent taxes, penalties, interest, special assessments, fees or other charges
19 may be referred to a private attorney for collection; and
20 (7) That if the county has elected to refer delinquent taxes, penalties, interest, special
21 assessments, fees or other charges to a private attorney for collection, the taxes, penalties,
22 interest, special assessments, fees or other charges still delinquent on the earlier of No-
23 vember 15 or 180 days after a warrant has been recorded in the year following the year of
24 assessment will incur a penalty equal to 20 percent of the amounts owed.
25 SECTION 7. ORS 311.610 is amended to read:
26 311.610. (1) Promptly after a period of 30 days has elapsed from the date any tax on personal
27 property has become delinquent (or within [such] the 30-day period, at the tax collector's dis-
28 cretion), the tax collector shall issue a warrant to enforce payment thereof.
29 (2) The warrant shall contain:
30 (a) The name of the person owning the personal property[,] or having possession or control
31 [thereof] of the personal property.
32 (b) The description of the property as it appears either in the assessment or tax roll.
33 (c) The year or years for which the taxes are delinquent.
34 (d) The principal amount of the delinquent taxes for each year and the interest accrued to the
35 date of issuance of [such] the warrant.
36 (e) A statement to the effect that immediately after service of the warrant, if the delinquent
37 taxes and interest and costs of service are not paid, the warrant or a duplicate thereof will be re-
38 corded with the county clerk for entry in the County Clerk Lien Record of the county.
39 (f) A statement to the effect that an account with a warrant still outstanding on the
40 earlier of November 15 or 180 days after recordation in the year following the year of as-
41 sessment shall incur a penalty of 20 percent of the delinquent taxes, penalties, interest,
42 special assessments, fees or other charges.
43 (3) The tax collector shall prepare a list of all [such] warrants issued under this section.
44 (4) Where the tax collector has begun or completed proceedings under ORS 311.640, the tax
45 collector need not issue a warrant unless the tax collector ascertains that [such] the proceedings
[3]
SB 43
1 will not result in the collection of the full tax.
2 SECTION S. ORS 312.005 is amended to read:
3 312.005. As used in this chapter, unless the context requires otherwise, "district attorney" [shall
4 include] includes county counsel appointed pursuant to ORS 203.145 or a private attorney under
5 contract with the county to collect delinquent property taxes pursuant to section 1 of this
6 2007 Act.
7 SECTION 9. ORS 312.010 is amended to read:
8 312.010. (1) Except as otherwise provided by law, real property within this state is subject to
9 foreclosure for delinquent taxes whenever [three years have] one year has elapsed from the earliest
10 date of delinquency of taxes levied and charged [thereon] on the real property.
11 (2) All special assessments, fees or other charges charged against the property subject to fore-
12 closure [which] that are due and unpaid for any year or years for which ad valorem taxes are de-
13 linquent and for which there is no other provision of law for their payment out of the foreclosure
14 proceeding, shall be listed with the delinquent ad valorem taxes in the foreclosure proceedings and
15 foreclosed and collected as a part of [such] the proceedings in the same manner as the delinquent
16 ad valorem taxes. In any event, if [three years have] one year has elapsed since the special as-
17 sessment, fee or other charge has been placed on the tax roll for collection and the special as-
18 sessment, fee or other charge remains unpaid, [it] the special assessment, fee or other charge
19 may be included in the next foreclosure proceeding and foreclosed and collected as part of [such]
20 the proceeding.
21 SECTION 10. ORS 312.020 is amended to read:
22 312.020. (1) The Department of Revenue shall have general supervision and control over tax
23 foreclosure proceedings under ORS 312.010 to 312.120 and 312.130 to 312.240 to the end that [such]
24 tax foreclosure proceedings shall be conducted in a uniform and orderly manner in all counties of
25 the state.
26 (2) Whenever [any district attorney] a county fails to institute or complete foreclosure pro-
27 ceedings in the manner required by this chapter, the department may call upon the Attorney Gen-
28 eral to institute or complete [such] the proceedings. For this purpose, the Attorney General shall
29 have the same powers and authority as a district attorney under this chapter. All costs incurred by
30 the Attorney General shall be borne by the county in which the foreclosure proceedings are under-
31 taken. Upon presentation by the Attorney General to the county governing body of a certified,
32 itemized statement of costs, the governing body shall order payment to the Attorney General out
33 of any available funds of the county. If no payment is made within 30 days thereafter, the Attorney
34 General shall submit to the Secretary of State a certified, itemized statement of [such] the costs and
35 the Attorney General shall be reimbursed upon the order of the Secretary of State to the State
36 Treasurer, from the county's share of the state's cigarette and liquor revenues.
37 SECTION 11. ORS 312.050 is amended to read:
38 312.050. (1) On the day [which] that is three months after the day of delinquency of taxes [of the
39 latest year], the tax collector, with the assistance of the district attorney, shall institute proceedings
40 to foreclose the liens for all the delinquent taxes against each of the several properties included in
41 the foreclosure list.
42 (2) One general proceeding shall be brought on the part of the county to foreclose the tax liens
43 against each of the properties included in the foreclosure list. The person whose name appears in
44 the latest tax roll as the owner of any property therein described shall be considered and treated
45 as the owner of the property. Each [such] foreclosure proceeding shall be a proceeding in rem
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1 against the property itself. If in any tax roll it appears that the owner of any property is unknown,
2 then [such] the property shall be proceeded against as belonging to an unknown owner.
3 SECTION 12. ORS 312.120 is amended to read:
4 312.120. (1)(a) Except as provided in subsection (2) of this section and ORS 312.122, [all real
5 properties] real property sold to the county under ORS 312.100[,] shall be held by the county for the
6 period of [two years] 180 days from and after the date of the judgment of foreclosure, unless sooner
7 redeemed.
8 [(2A (b) During the [two-year period] 180-day period provided in paragraph (a) of this sub-
9 section, any person having an interest in the property at the date of the judgment of foreclosure,
10 or any heir or devisee of [such] the person, or any person holding a lien of record on the property,
11 or any municipal corporation having a lien on the property, may redeem the property by payment
12 of the full amount applicable to the property under the judgment, including any penalty imposed
13 under section 2 of this 2007 Act, with interest thereon as provided by law, plus [a] an additional
14 penalty of five percent of the total amount applicable to the property under the judgment and a fee
15 as specified under subsection (5) of this section. The penalty of five percent and fee shall be in lieu
16 of all costs chargeable against the property in connection with the foreclosure proceeding. The fee
17 shall be used to defray the costs, among other costs, incurred by the county to provide the notices
18 of redemption period expiration to lienholders and others required under ORS 312.125.
19 (2)(a) Except as provided in ORS 312.122, real property sold to the county under ORS
20 312.100 that, on the date of the judgment of foreclosure, was a homestead as defined in ORS
21 310.800 or was qualified for a farm use special assessment under ORS 308A.050 to 308A.128
22 shall be held by the county for the period of two years from and after the date of the judg-
23 ment of foreclosure, unless sooner redeemed.
24 (b) During the two-year period provided in paragraph (a) of this subsection, a person
25 having an interest in the property at the date of the judgment of foreclosure, or any heir
26 or devisee of the person, or any person holding a lien of record on the property, or any mu-
27 nicipal corporation having a lien on the property, may redeem the property by payment of
28 the full amount applicable to the property under the judgment, including any penalty imposed
29 under section 2 of this 2007 Act, with interest thereon as provided by law, plus an additional
30 penalty of five percent of the total amount applicable to the property under the judgment
31 and a fee as specified under subsection (5) of this section. The penalty of five percent and fee
32 shall be in lieu of all costs chargeable against the property in connection with the foreclosure
33 proceeding. The fee shall be used to defray the costs, among other costs, incurred by the
34 county to provide the notices of redemption period expiration to lienholders and others re-
35 quired under ORS 312.125.
36 (3) Property [so] redeemed under this section shall be subject to assessment for taxation during
37 the period of redemption, as though [it] the property had continued in private ownership.
38 (4) Any person holding a mortgage or other lien of record covering a part only of a particular
39 parcel of real property included in the judgment of foreclosure may redeem [such] the part by pay-
40 ment of the proportionate amount applicable thereto under the judgment.
41 (5) The fee specified by this subsection is as follows:
42 (a) If the property is redeemed before the date the notice by certified mail required by ORS
43 312.125 is given, $50.
44 (b) If the property is redeemed on or after the date the notice by certified mail required by ORS
45 312.125 is given, the greater of $50 or the actual cost to the county for a title search and other
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1 expenses related to obtaining a title search.
2 SECTION 13. ORS 312.125 is amended to read:
3 312.125. (1) Not less than [one year] 180 days prior to the expiration of the period of redemption
4 of any real property ordered sold to the county under a judgment under ORS 312.100, the tax col-
5 lector shall provide notice of the expiration of the period of redemption to any person or entity
6 entitled to redeem the property under ORS 312.120 [(2)] whose interest appears in the records of the
7 county as of the date foreclosure proceedings were instituted. Any person or entity whose interest
8 has terminated by any means other than a judgment of foreclosure under ORS 312.120 [shall not
9 be] is not entitled to [such] notice.
10 (2) The notice shall contain:
11 (a) The date of the judgment;
12 (b) The date of expiration of the period of redemption;
13 (c) Warning to the effect that the property ordered sold under the judgment, unless sooner re-
14 deemed, will be deeded to the county immediately on expiration of the period of redemption and that
15 every right or interest of any person in the property will be forfeited forever to the county;
16 (d) A legal description of the property and a tax account number; and
17 (e) The name of the owner as it appears on the latest tax roll.
18 (3) The notice required to be given under [subsections (1) and (2) of] this section shall be given
19 by both certified mail and by regular first class mail and subsections (4) and (5) of this section shall
20 apply to both mailings.
21 (4)(a) If the notice required under [subsections (1) and (2) of] this section is [to be] given to an
22 owner, the notice shall be addressed to the owner or owners, as reflected in the county records of
23 deeds, at the true and correct address of the owner as appearing on the instrument of conveyance
24 under ORS 93.260 or as furnished under ORS 311.555 or as otherwise ascertained by the tax collec-
25 for pursuant to ORS 311.560.
26 (b) If the notice required to be given under this section is given to a person or entity [to
27 whom the notice is required under subsection (1) of this section to be given] that is a lienholder, or
28 a person or entity other than the owner[, having or appearing] that has or appears to have a lien
29 or other interest in the property, the notice shall be addressed to the lienholder, person or entity
30 at the address [which] that the tax collector knows or [after reasonable inquiry,] has reason to be-
31 lieve [to be the address at which] after reasonable inquiry is the address where the lienholder,
32 person or entity will most likely receive actual notice. For the convenience of the county, any lien,
33 instrument or other document, memorandum or writing, filed on or after September 27, 1987, that
34 creates an interest with respect to which notice is required to be given under this paragraph, shall
35 contain:
36 (A) The address of the person or entity holding lien or other interest created by the instrument
37 or other document, memorandum or writing; and
38 (B) The tax account number, if any, and if known, of the property subject to the lien or in which
39 the interest is created.
40 (5) Failure of a lien, instrument or other document, memorandum or other writing to contain the
41 address and tax account number information required under subsection (4)(b) of this section does
42 not invalidate the lien, instrument or other document, memorandum or writing, nor [shall] does the
43 failure of the writing to contain the information relieve the tax collector of the duty to obtain and
44 mail the notice required under subsection (4)(b) of this section to the address that the tax collector
45 believes [to be the address at which] is the address where the lienholder, person or entity is most
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1 likely to receive actual notice.
2 (6) For purposes of subsection (4)(b) of this section, if the lienholder is a corporation or a limited
3 partnership, the tax collector [shall be considered to have] has made reasonable inquiry if the notice
4 is mailed to the registered agent or last registered office of the corporation or limited partnership,
5 if any, as shown by the records on file in the office of the Corporation Commissioner, or if the
6 corporation or limited partnership is not authorized to transact business in this state, to the prin-
7 cipal office or place of business of the corporation or limited partnership.
8 (7)(a) As used in this section, "records of the county" means the following:
9 (A) The grantor-grantee indexes.
10 (B) Other records of deeds, mortgages, powers of attorney, contracts and other instruments,
11 documents or memorandum of conveyance or otherwise of real property that are described in ORS
12 205.130 (1) and (2).
13 (C) The County Clerk Lien Record described in ORS 205.130 (3).
14 (D) Records of federal tax liens and other liens, instruments or other documents or writings
15 reflecting an interest in real property described in ORS 205.246, if those records are kept separately
16 from the records described in paragraph (b) of this subsection.
17 (E) Records of statutory liens on real property described in ORS 87.372.
18 (F) Any other records of interests in real property required to be kept by the county clerk, if
19 the records contain a legal description of the property and an address specifically designated as
20 indicated on the instrument, document or other memorandum or writing for purposes of mailing the
21 notice required by this section.
22 (b) For purposes of this section only, "records of the county" includes:
23 (A) The appropriate records of the courts described in ORS 7.010 in the custody of the clerk of
24 the appropriate court or court administrator under ORS 7.110; and
25 (B) Probate records in the custody of the clerk of the appropriate court or court administrator
26 under ORS 7.230 and 7.240. Notwithstanding any provision to the contrary in ORS chapter 7 or other
27 law, the clerk of the appropriate court or the court administrator shall make available to and assist
28 the tax collector in the examination of the records described in this paragraph for purposes of car-
29 rying out the obligations of the tax collector under this section without charge.
30 SECTION 14. ORS 312.200 is amended to read:
31 312.200. The properties not redeemed within the [two-year period] redemption periods pre-
32 scribed by ORS 312.120 or 312.122 shall be deeded to the county by the tax collector. All rights of
33 redemption, with respect to the real properties therein described, [shall] terminate on the execution
34 of the deed to the county. [No] A return or confirmation of the sale or deed to the county is not
35 required or necessary.
36 SECTION 15. ORS 312.230 is amended to read:
37 312.230. (1) Every action, suit or proceeding, commenced for the purpose of determining the va-
38 lidity of a sale of real property on foreclosure for delinquent taxes, or to quiet title against such
39 sale, or to remove the cloud thereof, or to recover possession of the property, shall be commenced:
40 (a) Within two years from the date of the judgment of foreclosure and sale to the county, if the
41 property, on the date of foreclosure, is a homestead as defined in ORS 310.800 or is qualified
42 for a farm use special assessment under ORS 308A.050 to 308A.128; or
43 (b) Within 180 days from the date of the judgment of foreclosure and sale to the county
44 for all other property.
45 (2) Notwithstanding any other provisions of law, in every such action, suit or proceeding any
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1 person claiming to be the owner of the property, as against the county or grantee, shall pay into
2 court with the first pleading the amount charged against the property in the judgment of foreclo-
3 sure, plus the amount or amounts that would otherwise have been assessed and levied against said
4 property as taxes from the date of the said judgment to the time of the filing of such action, suit
5 or proceeding, together with any penalties and interest that would have accrued thereon as by
6 statute provided. In every such action, suit or proceeding any person claiming to be the owner of
7 the property as against any person holding title from the county, shall pay into court with the first
8 pleading the amount charged against the property in the judgment of foreclosure, together with in-
9 terest thereon at the rate of six percent per year from the date of the judgment to the date of filing
10 the pleading.
11 (3) For all purposes this section shall be construed as a statute of prescription as well as a
12 statute of limitation.
13 SECTION 16. ORS 312.260 is amended to read:
14 312.260. (1) As used in this section, "rightful owner" means the owner, devisee, benefici-
15 ary, heir, creditor or other person having a lawful interest in the lands.
16 [(1)] (2) If the title to lands acquired by any county by tax foreclosure was fraudulently con-
17 cealed from the rightful owner[, devisee, beneficiary, heir, creditor or other person having an interest
18 therein,] or was unlawfully obtained, held or controlled by or through fraudulent conveyance or
19 other fraud, without knowledge on the part of [such person, such person shall be] the rightful
20 owner, the rightful owner is entitled to a conveyance of the lands by purchase from the county
21 by a purchase agreement provided in ORS 275.190 (1) at a price equivalent to the delinquent taxes
22 [thereon], with interest and without personal property taxes charged against the land, including
23 lands of which the wrongdoer is owner of record or assignee of owners of record impressed with a
24 trust for the benefit of [such person] the rightful owner or deeded or assigned to [such person] the
25 rightful owner by the wrongdoer pursuant to any suit, action, proceeding or settlement respecting
26 the fraudulent concealment or unlawful holding or control.
27 [(2)] (3) [Such person] The rightful owner may cause to be filed with the county clerk of the
28 county at any time while the title to [any such] the lands is held by the county, written notice of
29 intention to purchase the lands or any part thereof under this section, describing the lands. The
30 notice shall be acknowledged and recorded in the deed records and a copy thereof served upon the
31 [district attorney of the] county. The purchase of the land shall be completed by cash or execution
32 of the agreement within one year from the filing of the notice or the final determination of the suit,
33 action, or proceeding.
34 [(3)] (4)(a) Except as provided in paragraph (b) of this subsection, this section [shall] does
35 not apply to or affect the title to [any such] lands dedicated to public use or conveyed by the county
36 prior to the filing of the notice[, but shall apply to lands sold by the county to an innocent purchaser
37 under contract, in which case such person succeeds to the interest of the county in the contract subject
38 to the rights of the innocent contract purchaser].
39 (b) This section applies to lands sold by the county to an innocent purchaser under con-
40 tract. When lands are sold under this section by the county to an innocent purchaser, the
41 rightful owner succeeds to the interest of the county in the contract.
42 SECTION 17. ORS 327.013, as amended by section 2, chapter 4, Oregon Laws 2006, is amended
43 to read:
44 327.013. The State School Fund distributions for school districts shall be computed as follows:
45 (1) General Purpose Grant = Funding Percentage x Target Grant X District extended ADMw.
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1 (2) The funding percentage shall be calculated by the Superintendent of Public Instruction to
2 distribute as nearly as practicable the total sum available for distribution of money.
3 (3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor.
4 (4) Statewide Target per ADMw Grant = $4,500.
5 (5) Teacher Experience Factor = $25 x {District average teacher experience - statewide av-
6 erage teacher experience). "Average teacher experience" means the average, in years, of teaching
7 experience of certified teachers as reported to the Department of Education.
8 (6) District extended ADMw = ADMw or ADMw of the prior year, whichever is greater.
9 (7)(a) Weighted average daily membership or ADMw = average daily membership + an addi-
10 tional amount computed as follows:
11 (A) 1.0 for each student in average daily membership eligible for special education as a child'
12 with disabilities under ORS 343.035, applicable to not to exceed 11 percent of the district's ADM
13 without review and approval of the Department of Education. Children with disabilities eligible for
14 special education in adult local correctional facilities as defined in ORS 169.005 or adult regional
15 correctional facilities as defined in ORS 169.620 may not be included in the calculation of the 11
16 percent.
17 (B) 0.5 for each student in average daily membership eligible for and enrolled in an English as
18 a second language program under ORS 336.079.
19 (C) 0.2 for each student in average daily membership enrolled in a union high school district or
20 in an area of a unified school district where the district is only responsible for educating students
21 in grades 9 through 12 in that area.
22 (D) -0.1 for each student in average daily membership enrolled in an elementary district oper-
23 ating kindergarten through grade 6 or kindergarten through grade 8 or in an area of a unified
24 school district where the district is only responsible for educating students in kindergarten through
25 grade 8.
26 (E) 0.25 times the sum of the following:
27 (i) The number of children 5 to 17 years of age in poverty families in the district, as determined
28 by the Department of Education from a report of the federal Department of Education based on the
29 most recent federal decennial census, as adjusted by the school district's proportion of students in
30 the county receiving free or reduced price lunches under the United States Department of Agricul-
31 ture's current Income Eligibility Guidelines if the number is higher than the number determined
32 from census data and only if the school district had an average daily membership of 2,500 or less
33 for the 1995-1996 school year, and as further adjusted by the number of students in average daily
34 membership in June of the year of distribution divided by number of students in average daily
35 membership in the district, or its predecessors, in June of the year of the most recent federal
36 decennial census;
37 (ii) The number of children in foster homes in the district as determined by the report of the
38 Department of Human Services to the federal Department of Education, "Annual Statistical Report
39 on Children in Foster Homes and Children in Families Receiving AFDC Payments in Excess of the
40 Poverty Income Level," or its successor, for October 31 of the year prior to the year of distribution;
41 and
42 (iii) The number of children in the district in state-recognized facilities for neglected and delin-
43 quent children, based on information from the Department of Human Services for October 31 of the
44 year prior to the year of distribution.
45 (F) An additional amount as determined by ORS 327.077 shall be added to the ADMw for each
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1 remote small elementary school and for each small high school in the district.
2 (G) All numbers of children used for the computation in this section must reflect any district
3 consolidations that have occurred since the numbers were compiled.
4 (b) The total additional weight that shall be assigned to any student in average daily member-
5 ship in a district, exclusive of students described in paragraph (a)(E) and (F) of this subsection shall
6 not exceed 2.0.
7 (8) High cost disabilities grant = the total amount received by a school district under ORS
8 327.348, for providing special education and related services to resident pupils with disabilities.
9 (9)(a) Transportation grant equals:
10 (A) 70 percent of approved transportation costs for those school districts ranked below the 80th
11 percentile under paragraph (b) of this subsection.
12 (B) 80 percent of approved transportation costs for those school districts ranked in or above the
13 80th percentile but below the 90th percentile under paragraph (b) of this subsection.
14 (C) 90 percent of approved transportation costs for those school districts ranked in or above the
15 90th percentile under paragraph (b) of this subsection.
16 (b) Each fiscal year, the Department of Education shall rank school districts based on the ap-
17 proved transportation costs per ADM of each school district, ranking the school district with the
18 highest approved transportation costs per ADM at the top of the order.
19 (10) Local Revenues are the total of the following:
20 (a) The amount of revenue offset against local property taxes as determined by the Department
21 of Revenue under ORS 311.175 (3)(a)(A);
22 (b) The amount of property taxes actually received by the district including penalties and in-
23 terest on taxes;
24 (c) The amount of revenue received by the district from the Common School Fund under ORS
25 327.403 to 327.410;
26 (d) The amount of revenue received by the district from the county school fund;
27 (e) The amount of revenue received by the district from the 25 percent of federal forest reserve
28 revenues required to be distributed to schools by ORS 294.060 (1);
29 (f) The amount of revenue received by the district from state managed forestlands under ORS
30 530.115 (1)(b) and (c);
31 (g) Moneys received in lieu of property taxes;
32 (h) Federal funds received without specific application by the school district and which are not
33 deemed under federal law to be nonsupplantable;
34 (i) Any positive amount obtained by subtracting the operating property taxes actually imposed
35 by the district, based on the rate certified pursuant to ORS 310.060, from the amount that would
36 have been imposed by the district if the district had certified the maximum rate of operating prop-
37 erty taxes allowed by law; and
38 0) Any amount distributed to the district in the prior fiscal year under [section 4 (3), chapter 695,
39 Oregon Laws 2001, or] ORS 327.019 (8).
40 (11) Notwithstanding subsection (10) of this section, Local Revenues do not include:
41 (a) If a school district imposes local option taxes pursuant to ORS 280.040 to 280.145, an amount
42 equal to the lesser of:
43 (A) The amount of revenue actually received by the district from local option taxes imposed
44 pursuant to ORS 280.040 to 280.145;
45 (B) Fifteen percent of the combined total for the school district of the general purpose grant,
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the transportation grant, the facility grant and the high cost disabilities grant of the district; or
(C) $750 per district extended ADMw; [and]
(b) For a school district with a statutory rate limit on July 1, 2003, that is greater than $4.50
per $1,000 of assessed value, the amount of property taxes actually received by the district, includ-
ing penalties and interest on taxes, that results from an increase in the rate of ad valorem property
tax of the district allowed under section 11 (5)(d), Article XI of the Oregon Constitution; and
(c) The amount of property taxes actually received by a school district, including penal-
ties and interest on taxes, that:
(A) Is used for capital construction; and
(B) Exceeds 110 percent of the amount of property taxes actually received by the district,
including penalties and interest on taxes, during the fiscal year beginning July 1, 2006.
(12)(a) Facility Grant = 8 percent of total construction costs of new school buildings.
(b) A school district shall receive a Facility Grant in the distribution year that a new school
building is first used.
(c) As used in this subsection:
(A) "New school building" includes new school buildings, adding structures onto existing school
buildings and adding premanufactured structures to a school district if those buildings or structures
are to be used for instructing students.
(B) "Construction costs" does not include costs for land acquisition.
(13) Notwithstanding subsection (10)(i) of this section, Local Revenues do not include any
amount of operating property tax authority of the district that is:
(a) Attributable to the suspension of ORS 310.239 by section 1, chapter 4, Oregon Laws 2006;
and
(b) Not actually imposed by the district.
SECTION 18. The amendments to ORS 327.013 by section 17 of this 2007 Act apply to
State School Fund distributions commencing with the 2007-2008 distribution.
SECTION 19. ORS 327.013, as amended by sections 2 and 4, chapter 4, Oregon Laws 2006, is
amended to read:
327.013. The State School Fund distributions for school districts shall be computed as follows:
(1) General Purpose Grant = Funding Percentage x Target Grant x District extended ADMw.
(2) The funding percentage shall be calculated by the Superintendent of Public Instruction to
distribute as nearly as practicable the total sum available for distribution of money.
(3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor.
(4) Statewide Target per ADMw Grant = $4,500.
(5) Teacher Experience Factor = $25 x (District average teacher experience - statewide av-
erage teacher experience). "Average teacher experience" means the average, in years, of teaching
experience of certified teachers as reported to the Department of Education.
(6) District extended ADMw = ADMw or ADMw of the prior year, whichever is greater.
(7)(a) Weighted average daily membership or ADMw = average daily membership + an addi-
tional amount computed as follows:
(A) 1.0 for each student in average daily membership eligible for special education as a child
with disabilities under ORS 343.035, applicable to not to exceed 11 percent of the district's ADM
without review and approval of the Department of Education. Children with disabilities eligible for
special education in adult local correctional facilities as defined in ORS 169.005 or adult regional
correctional facilities as defined in ORS 169.620 may not be included in the calculation of the 11
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percent.
(B) 0.5 for each student in average daily membership eligible for and enrolled in an English as
a second language program under ORS 336.079.
(C) 0.2 for each student in average daily membership enrolled in a union high school district or
in an area of a unified school district where the district is only responsible for educating students
in grades 9 through 12 in that area.
(D) -0.1 for each student in average daily membership enrolled in an elementary district oper-
ating kindergarten through grade 6 or kindergarten through grade 8 or in an area of a unified
school district where the district is only responsible for educating students in kindergarten through
grade 8.
(E) 0.25 times the sum of the following:
(i) The number of children 5 to 17 years of age in poverty families in the district, as determined
by the Department of Education from a report of the federal Department of Education based on the
most recent federal decennial census, as adjusted by the school district's proportion of students in
the county receiving free or reduced price lunches under the United States Department of Agricul-
ture's current Income Eligibility Guidelines if the number is higher than the number determined
from census data and only if the school district had an average daily membership of 2,500 or less
for the 1995-1996 school year, and as further adjusted by the number of students in average daily
membership in June of the year of distribution divided by number of students in average daily
membership in the district, or its predecessors, in June of the year of the most recent federal
decennial census;
(ii) The number of children in foster homes in the district as determined by the report of the
Department of Human Services to the federal Department of Education, "Annual Statistical Report
on Children in Foster Homes and Children in Families Receiving AFDC Payments in Excess of the
Poverty Income Level," or its successor, for October 31 of the year prior to the year of distribution;
and
(iii) The number of children in the district in state-recognized facilities for neglected and delin-
quent children, based on information from the Department of Human Services for October 31 of the
year prior to the year of distribution.
(F) An additional amount as determined by ORS 327.077 shall be added to the ADMw for each
remote small elementary school and for each small high school in the district.
(G) All numbers of children used for the computation in this section must reflect any district
consolidations that have occurred since the numbers were compiled.
(b) The total additional weight that shall be assigned to any student in average daily member-
ship in a district, exclusive of students described in paragraph (a)(E) and (F) of this subsection shall
not exceed 2.0.
(8) High cost disabilities grant = the total amount received by a school district under ORS
327.348, for providing special education and related services to resident pupils with disabilities.
(9)(a) Transportation grant equals:
(A) 70 percent of approved transportation costs for those school districts ranked below the 80th
percentile under paragraph (b) of this subsection.
(B) 80 percent of approved transportation costs for those school districts ranked in or above the
80th percentile but below the 90th percentile under paragraph (b) of this subsection.
(C) 90 percent of approved transportation costs for those school districts ranked in or above the
90th percentile under paragraph (b) of this subsection.
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(b) Each fiscal year, the Department of Education shall rank school districts based on the ap-
proved transportation costs per ADM of each school district, ranking the school district with the
highest approved transportation costs per ADM at the top of the order.
(10) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes as determined by the Department
of Revenue under ORS 311.175 (3)(a)(A);
(b) The amount of property taxes actually received by the district including penalties and in-
terest on taxes;
(c) The amount of revenue received by the district from the Common School Fund under ORS
327.403 to 327.410;
(d) The amount of revenue received by the district from the county school fund;
(e) The amount of revenue received by the district from the 25 percent of federal forest reserve
revenues required to be distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state managed forestlands under ORS
530.115 (1)(b) and (c);
(g) Moneys received in lieu of property taxes;
(h) Federal funds received without specific application by the school district and which are not
deemed under federal law to be nonsupplantable;
(i) Any positive amount obtained by subtracting the operating property taxes actually imposed
by the district, based on the rate certified pursuant to ORS 310.060, from the amount that would
have been imposed by the district if the district had certified the maximum rate of operating prop-
erty taxes allowed by law; and
0) Any amount distributed to the district in the prior fiscal year under [section 4 (3), chapter 695,
Oregon Laws 2001, or] ORS 327.019 (8).
(11) Notwithstanding subsection (10) of this section, Local Revenues do not include[,]:
(a) If a school district imposes local option taxes pursuant to ORS 280.040 to 280.145, an amount
equal to the lesser of.
[(a)] (A) The amount of revenue actually received by the district from local option taxes imposed
pursuant to ORS 280.040 to 280.145;
[(b)] (B) Fifteen percent of the combined total for the school district of the general purpose
grant, the transportation grant, the facility grant and the high cost disabilities grant of the district;
or
[(c)] (C) $750 per district extended ADMw[.]; and
(b) The amount of property taxes actually received by a school district, including penal-
ties and interest on taxes, that:
(A) Is used for capital construction; and
(B) Exceeds 110 percent of the amount of property taxes actually received by the district,
including penalties and interest on taxes, during the fiscal year beginning July 1, 2006.
(12)(a) Facility Grant = 8 percent of total construction costs of new school buildings.
(b) A school district shall receive a Facility Grant in the distribution year that a new school
building is first used.
(c) As used in this subsection:
(A) "New school building" includes new school buildings, adding structures onto existing school
buildings and adding premanufactured structures to a school district if those buildings or structures
are to be used for instructing students.
[13]
SB 43
1 (B) "Construction costs" does not include costs for land acquisition.
2 SECTION 20. The amendments to ORS 327.013 by section 19 of this 2007 Act become op-
3 erative on July 1, 2009.
4 SECTION 21. ORS 327.013, as amended by sections 2 and 4, chapter 4, Oregon Laws 2006, and
5 section 19 of this 2007 Act, is amended to read:
6 327.013. The State School Fund distributions for school districts shall be computed as follows:
7 (1) General Purpose Grant = Funding Percentage X Target Grant X District extended ADMw.
8 (2) The funding percentage shall be calculated by the Superintendent of Public Instruction to
9 distribute as nearly as practicable the total sum available for distribution of money.
10 (3) Target Grant = Statewide Target per ADMw Grant + Teacher Experience Factor.
11 (4) Statewide Target per ADMw Grant = $4,500.
12 (5) Teacher Experience Factor = $25 x {District average teacher experience - statewide av-
13 erage teacher experience). "Average teacher experience" means the average, in years, of teaching
14 experience of certified teachers as reported to the Department of Education.
15 (6) District extended ADMw = ADMw or ADMw of the prior year, whichever is greater.
16 (7)(a) Weighted average daily membership or ADMw = average daily membership + an addi-
17 tional amount computed as follows:
18 (A) 1.0 for each student in average daily membership eligible for special education as a child
19 with disabilities under ORS 343.035, applicable to not to exceed 11 percent of the district's ADM
20 without review and approval of the Department of Education. Children with disabilities eligible for
21 special education in adult local correctional facilities as defined in ORS 169.005 or adult regional
22 correctional facilities as defined in ORS 169.620 may not be included in the calculation of the 11
23 percent.
24 (B) 0.5 for each student in average daily membership eligible for and enrolled in an English as
25 a second language program under ORS 336.079.
26 (C) 0.2 for each student in average daily membership enrolled in a union high school district or
27 in an area of a unified school district where the district is only responsible for educating students
28 in grades 9 through 12 in that area.
29 (D) -0.1 for each student in average daily membership enrolled in an elementary district oper-
30 ating kindergarten through grade 6 or kindergarten through grade 8 or in an area of a unified
31 school district where the district is only responsible for educating students in kindergarten through
32 grade 8.
33 (E) 0.25 times the sum of the following:
34 (i) The number of children 5 to 17 years of age in poverty families in the district, as determined
35 by the Department of Education from a report of the federal Department of Education based on the
36 most recent federal decennial census, as adjusted by the school district's proportion of students in
37 the county receiving free or reduced price lunches under the United States Department of Agricul-
38 ture's current Income Eligibility Guidelines if the number is higher than the number determined
39 from census data and only if the school district had an average daily membership of 2,500 or less
40 for the 1995-1996 school year, and as further adjusted by the number of students in average daily
41 membership in June of the year of distribution divided by number of students in average daily
42 membership in the district, or its predecessors, in June of the year of the most recent federal
43 decennial census;
44 (ii) The number of children in foster homes in the district as determined by the report of the
45 Department of Human Services to the federal Department of Education, "Annual Statistical Report
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on Children in Foster Homes and Children in Families Receiving AFDC Payments in Excess of the
Poverty Income Level," or its successor, for October 31 of the year prior to the year of distribution;
and
(iii) The number of children in the district in state-recognized facilities for neglected and delin-
quent children, based on information from the Department of Human Services for October 31 of the
year prior to the year of distribution.
(F) An additional amount as determined by ORS 327.077 shall be added to the ADMw for each
remote small elementary school and for each small high school in the district.
(G) All numbers of children used for the computation in this section must reflect any district
consolidations that have occurred since the numbers were compiled.
(b) The total additional weight that shall be assigned to any student in average daily member-
ship in a district, exclusive of students described in paragraph (a)(E) and (F) of this subsection shall
not exceed 2.0.
(8) High cost disabilities grant = the total amount received by a school district under ORS
327.348, for providing special education and related services to resident pupils with disabilities.
(9)(a) Transportation grant equals:
(A) 70 percent of approved transportation costs for those school districts ranked below the 80th
percentile under paragraph (b) of this subsection.
(B) 80 percent of approved transportation costs for those school districts ranked in or above the
80th percentile but below the 90th percentile under paragraph (b) of this subsection.
(C) 90 percent of approved transportation costs for those school districts ranked in or above the
90th percentile under paragraph (b) of this subsection.
(b) Each fiscal year, the Department of Education shall rank school districts based on the ap-
proved transportation costs per ADM of each school district, ranking the school district with the
highest approved transportation costs per ADM at the top of the order.
(10) Local Revenues are the total of the following:
(a) The amount of revenue offset against local property taxes as determined by the Department
of Revenue under ORS 311.175 (3)(a)(A);
(b) The amount of property taxes actually received by the district including penalties and in-
terest on taxes;
(c) The amount of revenue received by the district from the Common School Fund under ORS
327.403 to 327.410;
(d) The amount of revenue received by the district from the county school fund;
(e) The amount of revenue received by the district from the 25 percent of federal forest reserve
revenues required to be distributed to schools by ORS 294.060 (1);
(f) The amount of revenue received by the district from state managed forestlands under ORS
530.115 (1)(b) and (c);
(g) Moneys received in lieu of property taxes;
(h) Federal funds received without specific application by the school district and which are not
deemed under federal law to be nonsupplantable;
(i) Any positive amount obtained by subtracting the operating property taxes actually imposed
by the district, based on the rate certified pursuant to ORS 310.060, from the amount that would
have been imposed by the district if the district had certified the maximum rate of operating prop-
erty taxes allowed by law; and
Any amount distributed to the district in the prior fiscal year under ORS 327.019 (8).
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(11) Notwithstanding subsection (10) of this section, Local Revenues do not include[:],
[(a)] if a school district imposes local option taxes pursuant to ORS 280.040 to 280.145, an
amount equal to the lesser of.
[(A)] (a) The amount of revenue actually received by the district from local option taxes imposed
pursuant to ORS 280.040 to 280.145;
[(B)] (b) Fifteen percent of the combined total for the school district of the general purpose
grant, the transportation grant, the facility grant and the high cost disabilities grant of the district;
or
[(C)] (c) $750 per district extended ADMw.[, and]
[(b) The amount of property taxes actually received by a school district, including penalties and
interest on taxes, that:]
[(A) Is used for capital construction; and]
[(B) Exceeds 110 percent of the amount of property taxes actually received by the district, including
penalties and interest on taxes, during the fiscal year beginning July 1, 2006.1
(12)(a) Facility Grant = 8 percent of total construction costs of new school buildings.
(b) A school district shall receive a Facility Grant in the distribution year that a new school
building is first used.
(c) As used in this subsection:
(A) "New school building" includes new school buildings, adding structures onto existing school
buildings and adding premanufactured structures to a school district if those buildings or structures
are to be used for instructing students.
(B) "Construction costs" does not include costs for land acquisition.
SECTION 22. The amendments to ORS 327.013 by section 21 of this 2007 Act apply to
State School Fund distributions commencing with the 2010-2011 distribution.
SECTION 23. The amendments to ORS 327.013 by section 21 of this 2007 Act become op-
erative on July 1, 2010.
SECTION 24. ORS 327.019 is amended to read:
327.019. (1) As used in this section:
(a) "Education service district extended ADMw" means the sum of the extended ADMw of the
component school districts of the education service district as computed under ORS 327.013.
(b) "Local revenues of an education service district" means the total of the following:
(A) The amount of revenue offset against local property taxes as determined by the Department
of Revenue under ORS 311.175 (3)(a)(A);
(B) The amount of property taxes actually received by the district including penalties and in-
terest on taxes;
(C) The amount of revenue received by the district from state-managed forestlands under ORS
530.115 (1)(b) and (c); and
(D) Any positive amount obtained by subtracting the operating property taxes actually imposed
by the district based on the rate certified pursuant to ORS 310.060 from the amount that would have
been imposed by the district if the district had certified the maximum rate of operating property
taxes allowed by law.
(c) Notwithstanding paragraph (b) of this subsection, "local revenues of an education
service district" does not mean the amount of property taxes actually received by a district,
including penalties and interest on taxes, that:
(A) Is used for capital construction; and
[16]
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(B) Exceeds 110 percent of the amount of property taxes actually received by the district,
including penalties and interest on taxes, during the fiscal year beginning July 1, 2006.
(2) Each fiscal year, the Superintendent of Public Instruction shall calculate a State School Fund
grant for each education service district as provided in this section.
(3)(a) Each fiscal year, the superintendent shall calculate the total amount appropriated or al-
located to the State School Fund and available for distribution to school districts, education service
districts and programs + total amount of local revenues of all school districts, computed as provided
in ORS 327.013, + total amount of local revenues of all education service districts. The super-
intendent may not include in the calculation under this paragraph amounts recovered by the De-
partment of Education from the State School Fund under ORS 343.243.
(b) The superintendent shall multiply the amount calculated under paragraph (a) of this sub-
section by 95.25 percent.
(c) Based on the amount calculated under paragraph (b) of this subsection, the superintendent
shall calculate a funding percentage to distribute as nearly as practicable under ORS 327.006 to
327.133, 327.348, 327.355, 327.357 and 327.360 the total amount calculated under paragraph (b) of this
subsection as school district general purpose grants, facility grants, high cost disabilities grants and
transportation grants to school districts.
(d) Based on the funding percentage calculated under paragraph (c) of this subsection, the su-
perintendent shall calculate the general purpose grant, facility grant, transportation grant and high
cost disabilities grant amounts for each school district.
(4) The general services grant for an education service district shall equal the higher of:
(a) Total amount calculated under subsection (3)(d) of this section for the component school
districts of the education service district x (4.75 _ 95.25); or
(b) $950,000.
(5) Subject to subsection (6) of this section, the State School Fund grant for an education service
district = general services grant - local revenues of the education service district.
(6)(a) After completing the calculations under subsections (2) to (5) of this section, the Super-
intendent of Public Instruction shall apportion from the State School Fund to each education service
district an amount = (funding percentage x general services grant) - local revenues of the educa-
tion service district.
(b) The funding percentage used in paragraph (a) of this subsection shall be calculated by the
superintendent to distribute as nearly as practicable the total amount available for distribution to
education service districts from the State School Fund for each fiscal year.
(7) Notwithstanding subsections (5) and (6) of this section, the State School Fund grant of an
education service district may not be less than zero.
(8) An education service district shall distribute to its component school districts any amount
of local revenues of the education service district that is greater than the general services grant.
The amount that each component school district receives under this subsection shall be prorated
based on the district extended ADMw of each school district.
SECTION 25. The amendments to ORS 327.019 by section 24 of this 2007 Act apply to
State School Fund distributions commencing with the 2007-2008 distribution.
SECTION 26. ORS 327.019, as amended by section 24 of this 2007 Act, is amended to read:
327.019. (1) As used in this section:
(a) "Education service district extended ADMw" means the sum of the extended ADMw of the
component school districts of the education service district as computed under ORS 327.013.
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1 (b) "Local revenues of an education service district" means the total of the following:
2 (A) The amount of revenue offset against local property taxes as determined by the Department
3 of Revenue under ORS 311.175 (3)(a)(A);
4 (B) The amount of property taxes actually received by the district including penalties and in-
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terest on taxes;
(C) The amount of revenue received by the district from state-managed forestlands under ORS
530.115 (1)(b) and (c); and
(D) Any positive amount obtained by subtracting the operating property taxes actually imposed
by the district based on the rate certified pursuant to ORS 310.060 from the amount that would have
been imposed by the district if the district had certified the maximum rate of operating property
taxes allowed by law.
[(c) Notwithstanding paragraph (b) of this subsection, "local revenues of an education service dis-
trict" does not mean the amount of property taxes actually received by a district, including penalties
and interest on taxes, that:]
[(A) Is used for capital construction; and]
[(B) Exceeds 110 percent of the amount of property taxes actually received by the district, including
penalties and interest on taxes, during the fiscal year beginning July 1, 2006.1
(2) Each fiscal year, the Superintendent of Public Instruction shall calculate a State School Fund
grant for each education service district as provided in this section.
(3)(a) Each fiscal year, the superintendent shall calculate the total amount appropriated or al-
located to the State School Fund and available for distribution to school districts, education service
districts and programs + total amount of local revenues of all school districts, computed as provided
in ORS 327.013, + total amount of local revenues of all education service districts. The super-
intendent may not include in the calculation under this paragraph amounts recovered by the De-
partment of Education from the State School Fund under ORS 343.243.
(b) The superintendent shall multiply the amount calculated under paragraph (a) of this sub-
section by 95.25 percent.
(c) Based on the amount calculated under paragraph (b) of this subsection, the superintendent
shall calculate a funding percentage to distribute as nearly as practicable under ORS 327.006 to
327.133, 327.348, 327.355, 327.357 and 327.360 the total amount calculated under paragraph (b) of this
subsection as school district general purpose grants, facility grants, high cost disabilities grants and
transportation grants to school districts.
(d) Based on the funding percentage calculated under paragraph (c) of this subsection, the su-
perintendent shall calculate the general purpose grant, facility grant, transportation grant and high
cost disabilities grant amounts for each school district.
(4) The general services grant for an education service district shall equal the higher of:
(a) Total amount calculated under subsection (3)(d) of this section for the component school
districts of the education service district x (4.75 - 95.25); or
(b) $950,000.
(5) Subject to subsection (6) of this section, the State School Fund grant for an education service
district = general services grant - local revenues of the education service district.
(6)(a) After completing the calculations under subsections (2) to (5) of this section, the Super-
intendent of Public Instruction shall apportion from the State School Fund to each education service
district an amount = (funding percentage x general services grant) - local revenues of the educa-
tion service district.
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1 (b) The funding percentage used in paragraph (a) of this subsection shall be calculated by the
2 superintendent to distribute as nearly as practicable the total amount available for distribution to
3 education service districts from the State School Fund for each fiscal year.
4 (7) Notwithstanding subsections (5) and (6) of this section, the State School Fund grant of an
5 education service district may not be less than zero.
6 (8) An education service district shall distribute to its component school districts any amount
7 of local revenues of the education service district that is greater than the general services grant.
8 The amount that each component school district receives under this subsection shall be prorated
9 based on the district extended ADMw of each school district.
10 SECTION 27. The amendments to ORS 327.019 by section 26 of this 2007 Act apply to
11 State School Fund distributions commencing with the 2010-2011 distribution.
12 SECTION 28. The amendments to ORS 327.019 by section 26 of this 2007 Act become op-
13 erative on July 1, 2010.
14 SECTION 29. Sections 1 to 3 of this 2007 Act and the amendments to ORS 306.113, 311.545,
15 311.547, 311.610, 312.005, 312.010, 312.020, 312.050, 312.120, 312.125, 312.200, 312.230 and 312.260
16 by sections 4 to 16 of this 2007 Act apply to property taxes that:
17 (1) Are delinquent on or after the effective date of this 2007 Act; or
18 (2) Are delinquent before the effective date of this 2007 Act, if-
19 (a) The county gives written notice in substantially the form required by ORS 311.545,
20 311.547 and 311.610 within 90 days of the effective date of this 2007 Act;
21 (b) The county allows a period of 90 days from the date of the notice within which to cure
22 the delinquency; and
23 (c) The person fails to cure the delinquency within the 90-day period.
24 SECTION 30. This 2007 Act takes effect on the 91st day after the date on which the
25 regular session of the Seventy-fourth Legislative Assembly adjourns sine die.
26
[19]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 111
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Attorney General Hardy Myers for Department of Justice)
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.
Creates planning authority in each county to develop plan concerning use of deadly physical
force by police officers. Directs planning authority to submit plan to governing body of each law
enforcement agency within county except Department of State Police and Department of Justice.
Specifies required elements of plan. Directs governing body to approve or disapprove plan.
Authorizes Department of Justice, to extent funds are appropriated for such purposes, to make
grants to law enforcement agencies for expenses incurred in implementing and revising approved
plans.
Establishes procedures for law enforcement agencies to follow in dealing with use of deadly
physical force and for grand jury proceedings in which use of deadly physical force is element.
Appropriates moneys from General Fund to Department of Justice for grants and for grand jury
recording and transcription costs.
Declares emergency, effective on passage.
I A BILL FOR AN ACT
2 Relating to use of physical force; creating new provisions; amending ORS 132.090, 132.330, 132.430,
3 146.135, 181.640 and 181.662; appropriating money; and declaring an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. As used in sections 1 to 7 of this 2007 Act:
6 (1) "Employ," when used in the context of the relationship between a law enforcement
7 agency and a police officer, includes the assignment of law enforcement duties on a volunteer
8 basis to a reserve officer.
9 (2) "Law enforcement agency" means the Department of State Police, the Department
10 of Justice, a district attorney, a political subdivision of the State of Oregon and a municipal
11 corporation of the State of Oregon, that maintains a law enforcement unit as defined in ORS
12 181.610 (12)(a)(A).
13 (3) "Police officer" means a person who is:
14 (a) A police officer or reserve officer as defined in ORS 181.610; and
15 (b) Employed by a law enforcement agency to enforce the criminal laws of this state.
16 SECTION 2. (1) There is created in each county a deadly physical force planning author-
17 ity consisting of the following members:
18 (a) The district attorney and sheriff of the county.
19 (b) A nonmanagement police officer selected by the district attorney and sheriff. If there
20 are unions representing police officers within the county, the district attorney and sheriff
21 shall select the police officer from among candidates nominated by any union representing
22 police officers within the county.
23 (c) If at least one city within the county employs a police chief, a police chief selected
24 by the police chiefs within the county.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1007-1
SB 111
1 (d) A representative of the public selected by the district attorney and sheriff. The person
2 selected under this paragraph may not be employed by a law enforcement agency.
3 (e) A representative of the Oregon State Police selected by the Superintendent of State
4 Police.
5 (2) The district attorney and sheriff are cochairpersons of the planning authority.
6 (3) The law enforcement agency that employs the police officer selected under subsection
7 (1)(b) of this section shall release the officer from other duties for at least 16 hours per year
8 to enable the officer to serve on the planning authority. The agency shall compensate the
9 officer at the officer's regular hourly wage while the officer is engaged in planning authority
10 activities.
11 (4) The planning authority shall develop a plan consisting of the following:
12 (a) An element dealing with education, outreach and training regarding the use of deadly
13 physical force for police officers, attorneys employed by state or local government within the
14 county and members of the community.
15 (b) An element dealing with the immediate aftermath of an incident in which a police
16 officer used deadly, physical force.
17 (c) An element dealing with the investigation of an incident in which a police officer used
18 deadly physical force.
19 (d) An element dealing with the exercise of district attorney discretion to resolve issues
20 of potential criminal responsibility resulting from a police officer's use of deadly physical
21 force.
22 (e) An element dealing with collecting information regarding a police officer's use of
23 deadly physical force, debriefing after an incident in which a police officer used deadly
24 physical force and revising a plan developed under this subsection based on experience.
25 (f) An estimate of the fiscal impact on the law enforcement agencies to which the plan
26 applies of each element described in paragraphs (a) to (e) of this subsection.
27 (5) The planning authority shall conduct at least one public hearing in the county before
28 submitting a plan, or a revision of a plan, to the governing bodies in the county under sub-
29 section (7) of this section.
30 (6) The planning authority may consult with anyone the planning authority determines
31 may be helpful in carrying out its responsibilities.
32 (7) The planning authority shall submit the plan developed under subsection (4) of this
33 section, and revisions of the plan, to the governing body of each law enforcement agency
34 within the county except for the Department of State Police and the Department of Justice.
35 (S) A governing body shall approve or disapprove the plan submitted to it under sub-
36 section (7) of this section within 60 days after receiving the plan. The governing body may
37 not amend the plan.
38 (9) If the plan is not approved by at least two-thirds of the governing bodies to which the
39 plan is submitted, the planning authority shall develop and submit a revised plan.
40 (10) If the plan is approved by at least two-thirds of the governing bodies to which the
41 plan is submitted, the planning authority shall submit the approved plan to the Attorney
42 General. No later than 30 days after receiving the plan, the Attorney General shall review
43 the plan for compliance with the minimum requirements described in section 3 of this 2007
44 Act. If the Attorney General determines that the plan complies with the minimum require-
45 ments, the Attorney General shall approve the plan. Upon approval of the plan:
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1 (a) Each law enforcement agency within the county to which the plan applies is subject
2 to the provisions of the plan; and
3 (b) Each law enforcement agency subject to the plan is entitled to grants as provided in
4 section 4 of this 2007 Act.
5 (11) If the plan is not approved by the Attorney General, the planning authority shall
6 develop and submit a revised plan.
7 (12) Notwithstanding subsection (10)(a) of this section, a law enforcement agency is not
8 subject to a provision of a plan approved under subsection (10) of this section that:
9 (a) Conflicts with a provision of a city or county charter or a general ordinance that
10 applies to the law enforcement agency; or
11 (b) Imposes an obligation not required by section 5 of this 2007 Act if complying with the
12 provision would require the law enforcement agency to budget moneys, or submit a revenue
13 measure for a vote of the people, in order to comply with the provision.
14 (13) The Attorney General shall periodically publish all approved plans.
15 (14) A law enforcement agency within a county has a duty to participate in good faith in
16 the planning process of the planning authority for the county.
17 (15) A person bringing an action challenging the validity or enforceability of a plan ap-
18 proved under subsection (10) of this section shall serve the Attorney General with a copy of
19 the complaint. If the Attorney General is not a party to the action, the Attorney General
20 may intervene in the action.
21 SECTION 3. In the plan required by section 2 (4) of this 2007 Act, a deadly physical force
22 planning authority shall, at a minimum:
23 (1)(a) Address, under section 2 (4)(a) of this 2007 Act, the manner in which each law
24 enforcement agency within the county will comply with section 5 (2) of this 2007 Act; and
25 (b) Attach a copy of each policy adopted under section 5 (2) of this 2007 Act to the plan.
26 (2) Address, under section 2 (4)(b) of this 2007 Act, the manner in which each law
27 enforcement agency within the county will comply with section 5 (3)(a) and (4) of this 2007
28 Act.
29 (3) Address, under section 2 (4)(c) of this 2007 Act, the manner in which each law
30 enforcement agency within the county will comply with section 5 (5)(a) of this 2007 Act.
31 (4) Address, under section 2 (4)(d) of this 2007 Act, the manner in which the district at-
32 torney of the county will comply with ORS 146.135 (2).
33 (5) Address, under section 2 (4)(e) of this 2007 Act, the manner in which each law
34 enforcement agency within the county will comply with section 5 (6) of this 2007 Act.
35 SECTION 4. (1) As used in this section, "expenses" does not include personnel costs.
36 (2) To the extent that funds are appropriated to it for such purposes, the Department
37 of Justice shall make grants to law enforcement agencies to reimburse the law enforcement
38 agencies for expenses incurred in implementing and revising the plans required by section 2
39 of this 2007 Act. A grant under this section may not exceed 75 percent of the expenses in-
40 curred by the law enforcement agency.
41 (3) The department may not make a grant under this section to a law enforcement
42 agency unless the law enforcement agency is subject to a plan that has been approved by the
43 Attorney General under section 2 (10) of this 2007 Act.
44 (4) The department shall adopt rules necessary for the administration of this section.
45 SECTION 5. (1) As used in this section, "involved officer" means:
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1 (a) A police officer whose official conduct, or official order to use deadly physical force,
2 was a cause in fact of the death of a person. As used in this paragraph, "order to use deadly
3 physical force" means an order issued to another officer to use deadly physical force in a
4 specific incident or an order or directive establishing rules of engagement for the use of
5 deadly physical force for a specific incident.
6 (b) A police officer whose official conduct was not a cause in fact of the death of a person
7 but whose official involvement in an incident in which the use of deadly physical force by a
8 police officer resulted in the death of a person:
9 (A) Began before or during the use of the deadly physical force; and
10 (B) Was reasonably likely to have exposed the police officer to greater stresses or trauma
11 than other police officers experienced as a result of their involvement in the incident before
12 or during the use of the deadly physical force.
13 (2) A law enforcement agency shall adopt a policy dealing with the use of deadly physical
14 force by its police officers. At a minimum, the policy must include guidelines for the use of
15 deadly physical force.
16 (3)(a) For each involved officer employed by a law enforcement agency, the law enforce-
17 ment agency shall pay the costs of at least two sessions with a mental health professional
18 that are attended by the officer. The sessions must be held within six months after the in-
19 cident in which the officer was involved.
20 (b) An involved officer shall attend at least one of the sessions described in paragraph
21 (a) of this subsection.
22 (c) Sessions with a mental health professional under this subsection may not be substi-
23 tuted for a fitness for duty examination required or requested as a condition of employment
24 by the law enforcement agency that employs the involved officer.
25 (4) For at least 72 hours immediately following an incident in which the use of deadly
26 physical force by a police officer resulted in the death of a person, a law enforcement agency
27 may not return an involved officer to duties that might place the officer in a situation in
28 which the officer has to use deadly physical force. A law enforcement agency may not reduce
29 an involved officer's pay or benefits as a result of the law enforcement agency's compliance
30 with this subsection. Notwithstanding section 4 (1) of this 2007 Act, a personnel cost in-
31 curred in complying with this subsection by a law enforcement agency employing 40 or fewer
32 police officers is an expense for purposes of section 4 of this 2007 Act.
33 (5)(a) A law enforcement agency employing an involved officer shall include at least one
34 police officer from a different law enforcement agency in the investigation of the incident in
35 which the involved officer was involved.
36 (b) The failure of a law enforcement agency to comply with paragraph (a) of this sub-
37 section is not grounds for suppressing evidence obtained in the investigation.
38 (6)(a) A law enforcement agency shall collect at least the following information relating
39 to incidents in which a police officer's use of deadly physical force resulted in the death of
40 a person:
41 (A) The name, gender, race, ethnicity and age of the decedent.
42 (B) The date, time and location of the incident.
43 (C) A brief description of the circumstances surrounding the incident.
44 (b) A law enforcement agency shall promptly submit the information collected under
45 paragraph (a) of this subsection to the Department of Justice.
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1 (7) The department shall compile and periodically publish information submitted under
2 subsection (6) of this section. The department, by rule, may specify a form to be used by law
3 enforcement agencies in submitting information under subsection (6) of this section.
4 SECTION 6. Conclusions and recommendations for future action made by or for a law
5 enforcement agency that result from activities conducted pursuant to the element of a plan
6 described in section 2 (4)(e) of this 2007 Act are not admissible as evidence in any subsequent
7 civil action or administrative proceeding.
8 SECTION 7. (1) Notwithstanding sections 2, 3, 5 (3) and (6) and 12 of this 2007 Act, if
9 sufficient moneys are not appropriated to the Department of Justice for purposes of making
10 grants under section 4 of this 2007 Act, a deadly physical force planning authority created
11 by section 2 of this 2007 Act or a law enforcement agency is not required to comply with any
12 requirement of section 2, 3 or 5 (3) or (6) of this 2007 Act for which the law enforcement
13 agency is entitled to reimbursement under section 4 of this 2007 Act.
14 (2) If sufficient moneys are not appropriated to the Department of Justice to pay the
15 costs of recording and transcribing testimony before a grand jury as required by section 12
16 of this 2007 Act:
17 (a) The Department of Justice is not required to comply with section 12 (5) of this 2007
18 Act; and
19 (b) A district attorney is not required to comply with section 12 of this 2007 Act.
20 SECTION 8. ORS 132.330 is amended to read:
21 132.330. (1) The district attorney may submit an indictment to the grand jury in any case when
22 the district attorney has good reason to believe that a crime has been committed which is triable
23 within the county.
24 (2) The district attorney may present facts to the grand jury about an incident in which
25 a police officer used deadly physical force.
26 SECTION 9. ORS 132.090 is amended to read:
27 132.090. (1) Except as provided in subsections (2) and (3) of this section and section 12 of this
28 2007 Act, no person other than the district attorney or a witness actually under examination shall
29 be present during the sittings of the grand jury.
30 (2) If not otherwise required under section 12 of this 2007 Act, upon a motion filed by the
31 district attorney in the circuit court, the circuit judge may appoint a reporter who shall attend the
32 sittings of the grand jury to take and report the testimony in any matters pending before the grand
33 jury, and may appoint a parent, guardian or other appropriate person 18 years of age or older to
34 accompany any child 12 years of age or younger, or any person with mental retardation, during an
35 appearance before the grand jury. The circuit judge, upon the district attorney's showing to the
36 court that it is necessary for the proper examination of a witness appearing before the grand jury,
37 may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand
38 jury room and shall attend such sittings.
39 (3) The district attorney may designate an interpreter who is certified under ORS 45.291 to in-
40 terpret the testimony of witnesses appearing before the grand jury. The district attorney may des-
41 ignate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a
42 certified interpreter is not available and that the person designated by the district attorney is a
43 qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may
44 be present in the grand jury room and attend the sittings of the grand jury.
45 (4) No person other than members of the grand jury shall be present when the grand jury is
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1 deliberating or voting upon a matter before it.
2 (5) As used in this section, "mental retardation" has the meaning given that term in ORS
3 427.005. Mental retardation may be shown by attaching to the motion of the district attorney:
4 (a) Documentary evidence of intellectual functioning; or
5 (b) The affidavit of a qualified person familiar with the person with mental retardation. "Quali-
6 fied person" includes, but is not limited to, a teacher, therapist or physician.
7 SECTION 10. The Legislative Assembly finds that:
8 (1) Grand juries originally were created and have existed for centuries as a check against
9 potential abuse of the government's power to charge individuals with crimes.
10 (2) Grand jury proceedings are kept secret to help protect witnesses, victims and grand
11 jurors against retaliation and innocent persons against wrongful accusations of crime.
12 (3) As authorized by law and as guided by the policies of law enforcement agencies, police
13 officers may cause the death of a person by the use of deadly physical force.
14 (4) The use of deadly physical force by a police officer that results in the death of a
15 person requires a level of public scrutiny that uniquely justifies limited intrusions into the
16 secrecy historically accorded grand jury proceedings.
17 SECTION 11. Section 12 of this 2007 Act is added to and made a part of ORS 132.310 to
18 132.390.
19 SECTION 12. (1) As used in this section:
20 (a) "Certified shorthand reporter" has the meaning given that term in ORS 8.415.
21 (b) "Involved officer" has the meaning given that term in section 5 of this 2007 Act.
22 (c) "Police officer" has the meaning given that term in section 1 of this 2007 Act.
23 (2) A proceeding before a grand jury must be on the record and recorded by a certified
24 shorthand reporter as provided in this subsection if the proceeding has been convened to
25 examine the use of deadly physical force by a police officer that resulted in the death of a
26 person. When a proceeding is required to be on the record under this subsection, the district
27 attorney shall ensure that a certified shorthand reporter attends the sittings of the grand
28 jury to take and report the questioning and testimony of all witnesses. The certified short-
29 hand reporter may not record any information that reveals the identity of a grand juror. The
30 certified shorthand reporter may not be present during, or record, the deliberations of the
31 grand jury.
32 (3) Unless the certified shorthand reporter can show good cause why the time should be
33 extended, no later than seven days after a grand jury in a proceeding required to be on the
34 record under subsection (2) of this section determines that no criminal charges should be
35 returned or returns an indictment indorsed "not a true bill," the certified shorthand reporter
36 shall provide a certified transcript of the report to the district attorney of the county in
37 which the incident occurred.
38 (4)(a) No later than five days after receiving the transcript from the certified shorthand
39 reporter, the district attorney shall send notice of the following to all witnesses who ap-
40 peared before the grand jury:
41 (A) The witness's right to file a petition under subsection (6) of this section;
42 (B) The time period within which the petition must be filed; and
43 (C) The witness's right to review the transcript and submit objections to the accuracy
44 of the transcript as provided in paragraph (b) of this subsection.
45 (b) No later than seven days after the district attorney sends the notice required by
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i paragraph (a) of this subsection, a witness may:
2 (A) Review, under the supervision of the district attorney, the portion of the grand jury
3 transcript in which the witness's testimony is transcribed; and
4 (B) Submit an objection to the accuracy of the transcription of the witness's testimony.
5 A witness submitting an objection under this subparagraph shall attach the objection to the
6 transcript.
7 (c) No earlier than eight days after sending the notice required by paragraph (a) of this
8 subsection, the district attorney shall provide a copy of the complete transcript to each in-
9 volved officer in the incident and to the law enforcement agency that employs each involved
10 officer.
11 (5) The Department of Justice shall pay the costs of the recording and the transcripts
12 required by subsections (2) and (3) of this section.
13 (6)(a) No later than 14 days after the district attorney sends the notice required by sub-
14 section (4)(a) of this section, the district attorney, an involved officer, the law enforcement
15 agency employing the involved officer or any witness who appeared before the grand jury
16 may petition the circuit court for a judgment sealing all or part of the transcript or delaying
17 the public release of all or part of the transcript. The petition must be served on the district
18 attorney, the involved officer and the law enforcement agency employing the involved officer.
19 The petition must be supported by an affidavit showing why the public interest in disclosure
20 is outweighed by one of the factors listed in subsection (7)(b) of this section.
21 (b) If no petition is timely filed, the district attorney shall make the transcript available
22 to any person upon request and payment of copying fees set under ORS 192.440.
23 (7)(a) No later than seven days after service under subsection (6)(a) of this section, the
24 district attorney, an involved officer or the law enforcement agency that employs the in-
25 volved officer may file an objection to the petition. If no objection is timely filed, the court
26 may rule without a hearing on the petition. If an objection is timely filed, the court shall hold
27 a hearing on the petition no later than seven days after the time for filing objections has
28 expired.
29 (b) The court shall deny the petition unless the court finds that the public interest in
30 disclosure is outweighed by:
31 (A) The impairment of the proceeding or prosecution of any criminal matter related to
32 the proceeding,
33 (B) The probable prejudice to the right of a witness who appeared before the grand jury
34 or of an involved officer to a fair trial; or
35 (C) The privacy right of a witness who appeared before the grand jury.
36 (8) When the court determines that all or part of the transcript should be sealed or that
37 disclosure of all or part of the transcript should be delayed, the court shall enter a judgment
38 sealing the transcript or portions of the transcript or delaying the public release of the
39 transcript or portions of the transcript.
40 (9) A judgment sealing or delaying release of all or any portion of a transcript based on
41 subsection (7)(b)(B) or (C) of this section has no further effect with respect to public release
42 of the transcript after a witness whose testimony is subject to the judgment:
43 (a) Files a civil action against an involved officer or the law enforcement agency em-
44 ploying the involved officer; or
45 (b) Gives testimony, including depositions, in a civil or criminal action arising out of the
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1 incident in which deadly physical force was used.
2 (10) The testimony of a police officer who is the subject of an investigation of the use of
3 deadly physical force and who is called as a witness before a grand jury in a proceeding re-
4 quired to be on the record under subsection (2) of this section is not admissible evidence in
5 a civil proceeding except:
6 (a) When the testimony before the grand jury is compelled under ORS 136.617; or
7 (b) When the testimony before the grand jury is offered as a prior inconsistent statement
8 to impeach the witness.
9 (11) This section does not create a cause of action.
10 (12) The failure of a certified shorthand reporter to record all of the grand jury pro-
11 ceeding required to be recorded under subsection (2) of this section does not affect the va-
12 lidity of any indictment or prosecution that arises from the proceeding.
13 SECTION 13. ORS 146.135 is amended to read:
14 146.135. (1) The district attorney for the county where the death occurs may order an inquest
15 to obtain a jury finding of the cause and manner of death in any case requiring investigation.
16 (2) The district attorney may not order an inquest under this section concerning a death
17 that resulted from a police officer's use of, or order to use, deadly physical force until after
18 the district attorney has determined that the police officer did not commit a crime or a
19 grand jury has received testimony concerning the incident and has declined to indict the
20 police officer. As used in this subsection, "police officer" has the meaning given that term
21 in section 1 of this 2007 Act.
22 [(2)] (3) For the purpose of conducting an inquest, the district attorney shall have the powers
23 of a judicial officer as described by ORS 1.240 and 1.250.
24 [(3)] (4) The district attorney shall advise the jury of inquest as to its duties and instruct the
25 jury on questions of law.
26 [NA (5) The district attorney shall cause a record of the inquest proceedings to be made which
27 shall include the written order of inquest, a record of the testimony of witnesses and the written
28 verdict of the jury.
29 [(5)] (6) Within a reasonable time after the verdict is returned, the record of inquest shall be
30 filed in the district medical examiner's office for the county where the inquest was held.
31 [(6)] (7) A copy of the order of inquest and verdict of the jury shall be filed in the State Medical
32 Examiner's office.
33 [(7)] (8) The record of inquest shall be available for inspection as provided by ORS 146.035 (5).
34 SECTION 14. ORS 146.135, as amended by section 13 of this 2007 Act, is amended to read:
35 146.135. (1) The district attorney for the county where the death occurs may order an inquest
36 to obtain a jury finding of the cause and manner of death in any case requiring investigation.
37 (2) The district attorney may not order an inquest under this section concerning a death that
38 resulted from a police officer's use of, or order to use, deadly physical force [until after the district
39 attorney has determined that the police officer did not commit a crime or a grand jury has received
40 testimony concerning the incident and has declined to indict the police officer]. As used in this sub-
41 section, "police officer" has the meaning given that term in section 1 of this 2007 Act.
42 (3) For the purpose of conducting an inquest, the district attorney shall have the powers of a
43 judicial officer as described by ORS 1.240 and 1.250.
44 (4) The district attorney shall advise the jury of inquest as to its duties and instruct the jury
45 on questions of law.
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1 (5) The district attorney shall cause a record of the inquest proceedings to be made which shall
2 include the written order of inquest, a record of the testimony of witnesses and the written verdict
3 of the jury.
4 (6) Within a reasonable time after the verdict is returned, the record of inquest shall be filed in
5 the district medical examiner's office for the county where the inquest was held.
6 (7) A copy of the order of inquest and verdict of the jury shall be filed in the State Medical
7 Examiner's office.
8 (8) The record of inquest shall be available for inspection as provided by ORS 146.035 (5).
9 SECTION 15. ORS 181.662 is amended to read:
10 181.662. (1) The Department of Public Safety Standards and Training may deny the application
11 for training, or deny, suspend or revoke the certification, of any instructor or public safety officer,
12 except a youth correction officer or fire service professional, after written notice and hearing con-
13 sistent with the provisions of ORS 181.661, based upon a finding that:
14 (a) The public safety officer or instructor falsified any information submitted on the application
15 for certification or on any documents submitted to the Board on Public Safety Standards and
16 Training or the department.
17 (b) The public safety officer or instructor has been convicted of a crime or violation in this state
18 or any other jurisdiction.
19 (c) The public safety officer or instructor does not meet the applicable minimum standards,
20 minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d).
21 (d) The public safety officer failed to comply with section 5 (3)(b) of this 2007 Act.
22 (2) The department shall deny, suspend or revoke the certification of a fire service professional,
23 after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding
24 that the fire service professional has been convicted in this state of a crime listed in ORS 137.700
25 or in any other jurisdiction of a crime that, if committed in this state, would constitute a crime
26 listed in ORS 137.700.
27 (3) The department may deny, suspend or revoke the certification of any fire service professional
28 after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding:
29 (a) That the fire service professional falsified any information submitted on the application for
30 certification or on any documents submitted to the board or the department; or
31 (b) Consistent with ORS 670.280, that the fire service professional is not fit to receive or hold
32 the certification as a result of conviction of a crime in this state, or in any other jurisdiction, other
33 than a crime described in subsection (2) of this section.
34 (4) The department shall deny, suspend or revoke the certification of any public safety officer
35 or instructor, except a youth correction officer, after written notice and hearing consistent with the
36 provisions of ORS 181.661, based upon a finding that the public safety officer or instructor has been
37 discharged for cause from employment as a public safety officer.
38 (5) The department, in consultation with the board, shall adopt rules specifying those crimes and
39 violations for which a conviction requires the denial, suspension or revocation of the certification
40 of a public safety officer or instructor.
41 (6) Notwithstanding the lapse, suspension, revocation or surrender of the certification of a pub-
42 lic safety officer or instructor, the department may:
43 (a) Proceed with any investigation of, or any action or disciplinary proceedings against, the
44 public safety officer or instructor; or
45 (b) Revise or render void an order suspending or revoking the certification.
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1 (7) The department shall deny, suspend or revoke the accreditation of a training or educational
2 program or any course, subject, facility or instruction thereof if the program, course, subject, facility
3 or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640
4 (1)(g) or 181.650 (3).
5 SECTION 16. (1) A deadly physical force planning authority created by section 2 of this
6 2007 Act shall submit the plan required by section 2 (4) of this 2007 Act to the governing
7 bodies described in section 2 (7) of this 2007 Act no later than July 1, 2008.
8 (2) Notwithstanding section 2 (3) of this 2007 Act, for the period of time from the effective
9 date of this 2007 Act to June 30, 2008, the law enforcement agency that employs the police
10 officer selected under section 2 (1)(b) of this 2007 Act shall release the officer from other
11 duties for at least 80 hours to enable the officer to serve on the planning authority. The
12 agency shall compensate the officer at the officer's regular hourly wage while the officer is
13 engaged in planning authority activities during that period of time.
14 SECTION 17. A law enforcement agency shall adopt the policy required by section 5 (2)
15 of this 2007 Act no later than July 1, 2008.
16 SECTION 18. (1) A law enforcement agency that participates in the development of the
17 plan required by section 2 (4) of this 2007 Act shall keep track of the expenses it incurs by
18 reason of its participation. For purposes of this subsection and subsection (2) of this section,
19 "expenses" includes, but is not limited to, personnel costs.
20 (2) The Department of Justice shall award a law enforcement agency one credit for each
21 dollar of expenses incurred before July 1, 2008, by reason of the law enforcement agency's
22 participation in the development of the plan required by section 2 (4) of this 2007 Act.
23 (3) Notwithstanding section 4 (2) of this 2007 Act, when a law enforcement agency applies
24 for a grant under section 4 of this 2007 Act, the department, to the extent that funds are
25 appropriated to the department for the purpose, shall make a grant that exceeds 75 percent
26 of the expenses incurred by the law enforcement agency if the law enforcement agency has
27 unused credits awarded under subsection (2) of this section. When the department makes a
28 grant that exceeds 75 percent of the expenses incurred by a law enforcement agency, the
29 department shall deduct the amount of the grant that exceeds 75 percent from the credits
30 awarded the law enforcement agency under subsection (2) of this section.
31 (4) The department may adopt rules necessary for the administration of this section.
32 SECTION 19. ORS 132.430 is amended to read:
33 132.430. (1) When a person has been held to answer a criminal charge and the indictment in
34 relation thereto is not found "a true bill," it must be indorsed "not a true bill," which indorsement
35 must be signed by the foreman and filed with the clerk of the court, in whose office it shall remain
36 a public record. Except for the recording and transcript required by section 12 of this 2007
37 Act, in the case of an indictment not found "a true bill" against a person not so held, the same,
38 together with the minutes of the evidence in relation thereto, must be destroyed by the grand jury.
39 (2) When an indictment indorsed "not a true bill" has been filed with the clerk of the court, the
40 effect thereof is to dismiss the charge; and the same cannot be again submitted to or inquired of by
41 the grand jury unless the court so orders.
42 SECTION 20. A law enforcement agency, as defined in section 1 of this 2007 Act, may not
43 use moneys it receives under section 4 of this 2007 Act to supplant moneys from another
44 source that the law enforcement agency has been previously authorized to expend.
45 SECTION 21. There is appropriated to the Department of Justice, for the biennium be-
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1 ginning July 1, 2007, out of the General Fund, the amount of $300,000 for the purpose of
2 carrying out the provisions of sections 4 and 12 (5) of this 2007 Act.
3 SECTION 22. ORS 181.640 is amended to read:
4 181.640. (1) In accordance with any applicable provision of ORS chapter 183, to promote
5 enforcement of law and fire services by improving the competence of public safety personnel and
6 their support staffs, and in consultation with the agencies for which the Board on Public Safety
7 Standards and Training and Department of Public Safety Standards and Training provide standards,
8 certification, accreditation and training:
9 (a) The department shall recommend and the board shall establish by rule reasonable minimum
10 standards of physical, emotional, intellectual and moral fitness for public safety personnel and in-
11 structors.
12 (b) The department shall recommend and the board shall establish by rule reasonable minimum
13 training for all levels of professional development, basic through executive, including but not limited
14 to courses or subjects for instruction and qualifications for public safety personnel and instructors.
15 Training requirements shall be consistent with the funding available in the department's
16 legislatively approved budget.
17 (c) The department, in consultation with the board, shall establish by rule a procedure or pro-
18 cedures to be used by law enforcement units, public or private safety agencies or the Oregon Youth
19 Authority to determine whether public safety personnel meet minimum standards or have minimum
20 training.
21 (d) Subject to such terms and conditions as the department may impose, the department shall
22 certify instructors and public safety personnel, except youth correction officers, as being qualified
23 under the rules established by the board.
24 (e) The department shall deny applications for training and deny, suspend and revoke certif-
25 ication in the manner provided in ORS 181.661, 181.662 and 181.664 (1).
26 (f) The department shall cause inspection of standards and training for instructors and public
27 safety personnel, except youth correction officers, to be made.
28 (g) The department may recommend and the board may establish by rule accreditation stan-
29 dards, levels and categories for mandated and nonmandated public safety personnel training or ed-
30 ucational programs. The department and board, in consultation, may establish to what extent
31 training or educational programs provided by an accredited university, college, community college
32 or public safety agency may serve as equivalent to mandated training or as a prerequisite to man-
33 dated training. Programs offered by accredited universities, colleges or community colleges may be
34 considered equivalent to mandated training only in academic areas.
35 (2) The department may:
36 (a) Contract or otherwise cooperate with any person or agency of government for the procure-
37 ment of services or property;
38 (b) Accept gifts or grants of services or property;
39 (c) Establish fees for determining whether a training or educational program meets the accred-
40 itation standards established under subsection (1)(g) of this section;
41 (d) Maintain and furnish to law enforcement units and public and private safety agencies infor-
42 mation on applicants for appointment as instructors or public safety personnel, except youth cor-
43 rection officers, in any part of the state; and
44 (e) Establish fees to allow recovery of the full costs incurred in providing services to private
45 entities or in providing services as experts or expert witnesses.
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1 (3) The department, in consultation with the board, may:
2 (a) Upon the request of a law enforcement unit or public safety agency, conduct surveys or aid
3 cities and counties to conduct surveys through qualified public or private agencies and assist in the
4 implementation of any recommendations resulting from such surveys.
5 (b) Upon the request of law enforcement units or public safety agencies, conduct studies and
6 make recommendations concerning means by which requesting units can coordinate or combine their
7 resources.
8 (c) Stimulate research by public and private agencies to improve police, fire service, corrections
9 and adult parole and probation administration and law enforcement.
10 (d) Provide grants from funds appropriated or available therefor, to law enforcement units,
11 public safety agencies, special districts, cities, counties and private entities to carry out the pro-
12 visions of this subsection.
13 (e) Provide optional training programs for persons who operate lockups. The term "lockup" has
14 the meaning given it in ORS 169.005.
15 (f) Provide optional training programs for public safety personnel and their support staffs.
16 (g) Enter into agreements with federal, state or other governmental agencies to provide training
17 or other services in exchange for receiving training, fees or services of generally equivalent value.
18 (h) Upon the request of a law enforcement unit or public safety agency employing public safety
19 personnel, except youth correction officers, grant an officer, fire service professional, telecommu-
20 nicator or emergency medical dispatcher a multidiscipline certification consistent with the minimum
21 requirements adopted or approved by the board. Multidiscipline certification authorizes an officer,
22 fire service professional, telecommunicator or emergency medical dispatcher to work in any of the
23 disciplines for which the officer, fire service professional, telecommunicator or emergency medical
24 dispatcher is certified. The provisions of ORS 181.652, 181.653 and 181.667 relating to lapse of cer-
25 tification do not apply to an officer or fire service professional certified under this paragraph as
26 long as the officer or fire service professional maintains full-time employment in one of the certified
27 disciplines and meets the training standards established by the board.
28 (i) Establish fees and guidelines for the use of the facilities of the training academy operated
29 by the department and for nonmandated training provided to federal, state or other governmental
30 agencies, private entities or individuals.
31 (4) Pursuant to ORS chapter 183, the board, in consultation with the department, shall adopt
32 rules necessary to carry out the board's duties and powers.
33 (5) Pursuant to ORS chapter 183, the department, in consultation with the board, shall adopt
34 rules necessary to carry out the department's duties and powers.
35 (6) For efficiency, board and department rules may be adopted jointly as a single set of combined
36 rules with the approval of the board and the department.
37 (7) The department shall obtain approval of the board before submitting its legislative concepts,
38 Emergency Board request or budget requests to the Oregon Department of Administrative Services.
39 (8) The Department of Public Safety Standards and Training shall develop a training
40 program for conducting investigations required under section 5 of this 2007 Act.
41 SECTION 23. The Department of Public Safety Standards and Training shall complete
42 development of the training program required by ORS 181.640 (8) no later than August 31,
43 2008. The department shall submit a report summarizing the training program to the legis-
44 lative interim committees dealing with the judiciary no later than September 30, 2008.
45 SECTION 24. (1) Sections 4, 10 to 12 and 20 of this 2007 Act and the amendments to ORS
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SB 111
1 132.090, 132.430, 181.640 and 181.662 by sections 9, 15, 19 and 22 of this 2007 Act become op-
2 erative on July 1, 2008.
3 (2) The amendments to ORS 146.135 by section 14 of this 2007 Act become operative on
4 July 1, 2009.
5 SECTION 25. (1) Notwithstanding the effective date of section 5 of this 2007 Act, section
6 5 (3) to (7) of this 2007 Act applies to incidents occurring on or after July 1, 2008.
7 (2) Section 12 of this 2007 Act applies to incidents occurring on or after July 1, 2008.
8 SECTION 26. This 2007 Act being necessary for the immediate preservation of the public
9 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
10 on its passage.
11
[13]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 171
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Theodore R. Kulongoski for Department of Revenue)
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.
Permits counties to share tax return information when taxpayers transfer property between
counties or operate businesses in multiple counties.
Applies to property tax returns filed on or after January 1, 2008.
1 A BILL FOR AN ACT
2 Relating to property tax returns; creating new provisions; and amending ORS 308.290.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 308.290 is amended to read:
5 308.290. (1)(a) Every person and the managing agent or officer of any firm, corporation or asso-
6 ciation owning, or having in possession or under control taxable personal property shall make a
7 return of the property for ad valorem tax purposes to the assessor of the county in which [such] the
8 property has its situs for taxation. As between a mortgagor and mortgagee or a lessor and lessee,
9 however, the actual owner and the person in possession may agree between them as to who shall
10 make the return and pay the tax, and the election shall be followed by the person in possession of
11 the roll who has notice of the election. Upon the failure of either party to file a personal property
12 tax return on or before March 1 of any year, both parties shall be jointly and severally subject to
13 the provisions of ORS 308.296.
14 (b) Every person and the managing agent or officer of any firm, corporation or association
15 owning or in possession of taxable real property shall make a return of the property for ad valorem
16 tax purposes when so requested by the assessor of the county in which [such] the property is situ-
17 ated.
18 (2)(a) Each return of personal property shall contain a full listing of [such] the property and a
19 statement of its real market value, including a separate listing of those items claimed to be exempt
20 as imports or exports. Each statement shall contain a listing of the additions or retirements made
21 since the prior January 1, indicating the book cost and the date of acquisition or retirement. Each
22 return shall contain the name, assumed business name, if any, and address of the owner of the per-
23 sonal property and, if it is a partnership, the name and address of each general partner or, if it is
24 a corporation, the name and address of its registered agent.
25 (b) Each return of real property shall contain a full listing of the several items or parts of
26 [such] the property specified by the county assessor and a statement exhibiting their real market
27 value. Each return shall contain a listing of the additions and retirements made during the year
28 indicating the book cost, book value of the additions and retirements or the appraised real market
29 value of retirements as specified in the return by the assessor.
30 (c) There shall be annexed to each return the affidavit or affirmation of the person making the
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 508
SB 171
1 return that the statements contained in the return are true. All returns shall be in [such form as the
2 assessor] a form that the county assessor, with the approval of the Department of Revenue, may
3 prescribe. Prior to December 31 preceding the assessment year, the department or assessor shall
4 cause blank forms for the returns to be prepared and distributed by mail, but failure to receive or
5 secure the form [shall] does not relieve the person, managing agent or officer from the obligation
6 of making any return required by this section.
7 (3) All returns shall be filed on or before March 1 of each year, but the county assessor, upon
8 written request filed with the assessor prior to that date and for good cause shown in the request,
9 shall allow for an extension of time within which to file the return to April 15. The department shall
10 adopt rules for the granting of extensions under this subsection.
11 (4)(a) In lieu of the returns required under subsection (1)(a) or (b) of this section, every person
12 and the managing agent or officer of any firm, corporation or association owning or having in pos-
13 session or under control taxable real and personal property that is either principal industrial prop-
14 erty or secondary industrial property as defined by ORS 306.126 (1) and is appraised by the
15 department shall file a combined return of the real and personal property with the department.
16 (b) The contents and form of the return shall be as prescribed by rule of the department. Any
17 form shall comply with ORS 308.297. Notwithstanding ORS 308.875, a manufactured structure that
18 is a part of an industrial property shall be included in a combined return.
19 (c) In order that the county assessor may comply with ORS 308.295, the department shall pro-
20 vide a list to the assessor of all combined returns that are required to be filed with the department
21 under this subsection but that were not filed on or before the due date or within the time allowed
22 by an extension.
23 (d) If the department has delegated appraisal of the property to the county assessor under ORS
24 306.126 (3), the department shall notify the person otherwise required to file the combined return
25 under this subsection as soon as practicable after the delegation that the combined return is re-
26 quired to be filed with the [county] assessor.
27 (e) Notwithstanding subsection (1) or (3) of this section, a combined return of real and personal
28 property that is industrial property appraised by the department shall be filed with the department
29 on or before March 1 of the year.
30 (5)(a) Any person required to file a return under subsection. (4) of this section may apply to the
31 Department of Revenue for an extension of the time within which to file the return to April 15.
32 An extension granted under this subsection shall continue in effect for each subsequent year unless
33 canceled by the person or revoked by the department. An extension granted under this subsection
34 shall apply to returns required to be filed with either the county assessor or the department. The
35 department shall provide for notification of [county] assessors of the granting of extensions under
36 this subsection.
37 (b) The Department of Revenue shall, by rule, establish procedures and criteria for the granting
38 of extensions provided for under paragraph (a) of this subsection. [The department shall adopt such
39 rules after consultation] When the department adopts rules under this subsection, the depart-
40 ment shall consult with an advisory committee selected by the department that represents the in-
41 terests of county assessors and affected taxpayers.
42 (6) [No return shall be] A return is not in any respect controlling on the county assessor or
43 on the Department of Revenue [in any respect] in the assessment of any property. On any failure to
44 file the required return, the property shall be listed and evaluated from the best information ob-
45 tainable from other sources.
[2]
SB 171
1 (7)(a) All returns filed under the provisions of this section and ORS 308.525 and 308.810 shall
2 be confidential records of the office in which [such] the returns are filed.
3 (b) Notwithstanding paragraph (a) of this subsection, a return described in paragraph (a) of this
4 subsection may be disclosed to:
5 (A) The Department of Revenue or its representative;
6 (B) The representatives of the Secretary of State or to an accountant engaged by a county under
7 ORS 297.405 to 297.555 for the purpose of auditing the county's personal property tax assessment
8 roll (including adjustments to returns made by the Department of Revenue);
9 (C) The county assessor, the county tax collector, the assessor's representative or the tax
10 collector's representative for the purpose of:
11 (i) Collecting delinquent real or personal property taxes; or
12 (ii) Correctly reflecting on the tax roll information reported on returns filed by a busi-
13 ness operating in more than one county or transferring property between counties in this
14 state during the tax year;
15 (D) Any reviewing authority to the extent the return being disclosed relates to an appeal
16 brought by a taxpayer;
17 (E) The Division of Child Support of the Department of Justice or a district attorney to the
18 extent the return being disclosed relates to a case for which the Division of Child Support or the
19 district attorney is providing support enforcement services under ORS 25.080; or
20 (F) The Legislative Revenue Officer for the purpose of preparation of reports, estimates and
21 analyses required by ORS 173.800 to 173.850.
22 (c) Notwithstanding paragraph (a) of this subsection:
23 (A) The Department of Revenue may exchange property tax information with the authorized
24 agents of the federal government and the several states on a reciprocal basis, or with county
25 assessors, county tax collectors or authorized representatives of assessors or tax
26 collectors.
27 (B) Information regarding the valuation of leased property reported on a property return filed
28 by a lessor under this section may be disclosed to the lessee or other person in possession of the
29 property. Information regarding the valuation of leased property reported on a property return filed
30 by a lessee under this section may be disclosed to the lessor of the property.
31 (8) If the assessed value of any personal property in possession of a lessee is less than the
32 maximum amount of the assessed value of taxable personal property for which ad valorem property
33 taxes may be canceled under ORS 308.250, the person in possession of the roll may disregard an
34 election made under subsection (1) of this section and assess the owner or lessor of the property.
35 SECTION 2. The amendments to ORS 308.290 by section 1 of this 2007 Act apply to
36 property tax returns filed on or after January 1, 2008.
37
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 173
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Theodore R. Kulongoski for Department of Revenue)
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.
Permits Department of Revenue to disclose tax information to cities, counties, other political
subdivisions of other states or associations established exclusively to provide services to taxing au-
thorities, if city, county, other political subdivision or association has or is governed by law meeting
federal Internal Revenue Code confidentiality requirements.
1 A BILL FOR AN ACT
2 Relating to disclosure of tax information; amending ORS 314.840.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 314.840 is amended to read:
5 314.840. (1) The Department of Revenue may:
6 (a) Furnish any taxpayer, representative authorized to represent the taxpayer under ORS 305.230
7 or person designated by the taxpayer under ORS 305.193, upon request of the taxpayer, represen-
8 tative or designee, with a copy of the taxpayer's income tax return filed with the department for
9 any year, or with a copy of any report filed by the taxpayer in connection with the return, or with
10 any other information the department considers necessary.
11 (b) Publish lists of taxpayers who are entitled to unclaimed tax refunds.
12 (c) Publish statistics so classified as to prevent the identification of income or any particulars
13 contained in any report or return.
14 (d) Disclose a taxpayer's name, address, telephone number, refund amount, amount due, Social
15 Security number, employer identification number or other taxpayer identification number to the ex-
16 tent necessary in connection with collection activities or the processing and mailing of correspond-
17 ence or of forms for any report, return or claim required in the administration of ORS 310.630 to
18 310.706, any local tax under ORS 305.620, or any law imposing a tax upon or measured by net in-
19 come.
20 (2) The department also may disclose and give access to information described in ORS 314.835
21 to:
22 (a) The Governor of the State of Oregon or the authorized representative of the Governor:
23 (A) With respect to an individual who is designated as being under consideration for appoint-
24 ment or reappointment to an office or for employment in the office of the Governor. The information
25 disclosed shall be confined to whether the individual:
26 (i) Has filed returns with respect to the taxes imposed by ORS chapter 316 for those of not more
27 than the three immediately preceding years for which the individual was required to file an Oregon
28 individual income tax return.
29 (ii) Has failed to pay any tax within 30 days from the date of mailing of a deficiency notice or
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 500
SB 173
1 otherwise respond to a deficiency notice within 30 days of its mailing.
2 (iii) Has been assessed any penalty under the Oregon personal income tax laws and the nature
3 of the penalty.
4 (iv) Has been or is under investigation for possible criminal offenses under the Oregon personal
5 income tax laws. Information disclosed pursuant to this paragraph shall be used only for the purpose
6 of making the appointment, reappointment or decision to employ or not to employ the individual in
7 the office of the Governor.
8 (B) For use by an officer or employee of the Oregon Department of Administrative Services duly
9 authorized or employed to prepare revenue estimates, or a person contracting with the Oregon De-
10 partment of Administrative Services to prepare revenue estimates, in the preparation of revenue
11 estimates required for the Governor's budget under ORS 291.201 to 291.226, or required for sub-
12 mission to the Emergency Board, or if the Legislative Assembly is in session, to the Joint Committee
13 on Ways and Means, and to the Legislative Revenue Officer under ORS 291.342, 291.348 and 291.445.
14 The Department of Revenue shall disclose and give access to the information described in ORS
15 314.835 for the purposes of this subparagraph only i£
16 (i) The request for information is made in writing, specifies the purposes for which the request
17 is made and is signed by an authorized representative of the Oregon Department of Administrative
18 Services. The form for request for information shall be prescribed by the Oregon Department of
19 Administrative Services and approved by the Director of the Department of Revenue.
20 (ii) The officer, employee or person receiving the information does not remove from the premises
21 of the Department of Revenue any materials that would reveal the identity of a personal or corpo-
22 rate taxpayer.
23 (b) The Commissioner of Internal Revenue or authorized representative, for tax administration
24 and compliance purposes only.
25 (c) [The proper officer of any state or the District of Columbia, or their authorized representatives,
26 for tax purposes only, if such state or district] For tax administration and compliance purposes,
27 the proper officer or authorized representative of any of the following entities that has or is
28 governed by a provision of law [which] that meets the requirements of any applicable provision of
29 the Internal Revenue Code as to confidentiality:
30 (A) A state;
31 (B) A city, county or other political subdivision of a state;
32 (C) The District of Columbia; or
33 (D) An association established exclusively to provide services to federal, state or local
34 taxing authorities.
35 (d) The Multistate Tax Commission or its authorized representatives, for tax administration
36 and compliance purposes only. [However,] The Multistate Tax Commission may make [such] the
37 information available to the Commissioner of Internal Revenue or the proper officer [of any state or
38 the District of Columbia, or their authorized representatives, for tax purposes only, if the state or dis-
39 trict has a provision of law which meets the requirements of any applicable provision of the Internal
40 Revenue Code as to confidentiality] or authorized representative of any governmental entity
41 described in and meeting the qualifications of paragraph (c) of this subsection.
42 (e) The Attorney General, assistants and employees in the Department of Justice, or other legal
43 representative of the State of Oregon, to the extent the department deems disclosure or access
44 necessary for the performance of the duties of advising or representing the department pursuant to
45 ORS 180.010 to 180.240 and the tax laws of this state.
[2]
SB 173
1 (f) Employees of the State of Oregon, other than of the Department of Revenue or Department
2 of Justice, to the extent the department deems disclosure or access necessary for such employees
3 to perform their duties under contracts or agreements between the department and any other de-
4 partment, agency or subdivision of the State of Oregon, in the department's administration of the
5 tax laws.
6 (g) Other persons, partnerships, corporations and other legal entities, and their employees, to
7 the extent the department deems disclosure or access necessary for the performance of such others'
8 duties under contracts or agreements between the department and such legal entities, in the de-
9 partment's administration of the tax laws.
10 (h) The Legislative Revenue Officer or authorized representatives upon compliance with ORS
11 173.850. Such officer or representative shall not remove from the premises of the department any
12 materials that would reveal the identity of any taxpayer or any other person.
13 (i) The Department of Consumer and Business Services, to the extent the department requires
14 such information to determine whether it is appropriate to adjust those workers' compensation
15 benefits the amount of which is based pursuant to ORS chapter 656 on the amount of wages or
16 earned income received by an individual.
17 0) Any agency of the State of Oregon, or any person, or any officer or employee of such agency
18 or person to whom disclosure or access is given by state law and not otherwise referred to in this
19 section, including but not limited to the Secretary of State as Auditor of Public Accounts under
20 section 2, Article VI of the Oregon Constitution; the Department of Human Services pursuant to
21 ORS 314.860 and 418.135; the Division of Child Support of the Department of Justice and district
22 attorney regarding cases for which they are providing support enforcement services under ORS
23 25.080; the State Board of Tax Practitioners, pursuant to ORS 673.710; and the Oregon Board of
24 Accountancy, pursuant to ORS 673.415.
25 (k) The Director of the Department of Consumer and Business Services to determine that a
26 person complies with ORS chapter 656 and the Director of the Employment Department to determine
27 that a person complies with ORS chapter 657, the following employer information:
28 (A) Identification numbers.
29 (B) Names and addresses.
30 (C) Inception date as employer.
31 (D) Nature of business.
32 (E) Entity changes.
33 (F) Date of last payroll.
34 (L) The Director of Human Services to determine that a person has the ability to pay for care
35 that includes services provided by the state institutions as described in ORS 179.321 or the Depart-
36 ment of Human Services or to collect any unpaid cost of care as provided by ORS chapter 179.
37 (m) Employees of the Employment Department to the extent the Department of Revenue deems
38 disclosure or access to information on a combined tax report filed under ORS 316.168 is necessary
39 to performance of their duties in administering the tax imposed by ORS chapter 657.
40 (n) The State Fire Marshal to assist the State Fire Marshal in carrying out duties, functions and
41 powers under ORS 453.307 to 453.414, the employer or agent name, address, telephone number and
42 standard industrial classification, if available.
43 (o) Employees of the Department of State Lands for the purposes of identifying, locating and
44 publishing lists of taxpayers entitled to unclaimed refunds as required by the provisions of chapter
45 694, Oregon Laws 1993. The information shall be limited to the taxpayer's name, address and the
[31
SB 173
1 refund amount.
2 (p) In addition to the disclosure allowed under ORS 305.225, state or local law enforcement
3 agencies to assist in the investigation or prosecution of the following criminal activities:
4 (A) Mail theft of a check, in which case the information that may be disclosed shall be limited
5 to the stolen document, the name, address and taxpayer identification number of the payee, the
6 amount of the check and the date printed on the check.
7 (B) The counterfeiting, forging or altering of a check submitted by a taxpayer to the Department
8 of Revenue or issued by the Department of Revenue to a taxpayer, in which case the information
9 that may be disclosed shall be limited to the counterfeit, forged or altered document, the name, ad-
10 dress and taxpayer identification number of the payee, the amount of the check, the date printed
11 on the check and the altered name and address.
12 (q) The United States Postal Inspection Service or a federal law enforcement agency, including
13 but not limited to the United States Department of Justice, to assist in the investigation of the fol-
14 lowing criminal activities:
15 (A) Mail theft of a check, in which case the information that may be disclosed shall be limited
16 to the stolen document, the name, address and taxpayer identification number of the payee, the
17 amount of the check and the date printed on the check.
18 (B) The counterfeiting, forging or altering of a check submitted by a taxpayer to the Department
19 of Revenue or issued by the Department of Revenue to a taxpayer, in which case the information
20 that may be disclosed shall be limited to the counterfeit, forged or altered document, the name, ad-
21 dress and taxpayer identification number of the payee, the amount of the check, the date printed
22 on the check and the altered name and address.
23 (r) The United States Financial Management Service, for purposes of facilitating the reciprocal
24 offsets described in ORS 305.612.
25 (s) A municipal corporation of this state for purposes of assisting the municipal corporation in
26 the administration of a tax of the municipal corporation that is imposed on or measured by income,
27 wages or net earnings from self-employment. Any disclosure under this paragraph may be made only
28 pursuant to a written agreement between the Department of Revenue and the municipal corporation
29 that ensures the confidentiality of the information disclosed.
30 (3)(a) Each officer or employee of the department and each person described or referred to in
31 subsection (2)(a), (e) to (k) or (m) to (p) of this section to whom disclosure or access to the tax in-
32 formation is given under subsection (2) of this section or any other provision of state law, prior to
33 beginning employment or the performance of duties involving such disclosure or access, shall be
34 advised in writing of the provisions of ORS 314.835 and 314.991, relating to penalties for the vio-
35 lation of ORS 314.835, and shall as a condition of employment or performance of duties execute a
36 certificate for the department, in a form prescribed by the department, stating in substance that the
37 person has read these provisions of law, that the person has had them explained and that the person
38 is aware of the penalties for the violation of ORS 314.835.
39 (b) The disclosure authorized in subsection (2)(q) of this section shall be made only after a
40 written agreement has been entered into between the Department of Revenue and the person de-
41 scribed in subsection (2)(q) of this section to whom disclosure or access to the tax information is
42 given, providing that:
43 (A) Any information described in ORS 314.835 that is received by the person pursuant to sub-
44 section (2)(q) of this section is confidential information that may not be disclosed, except to the ex-
45 tent necessary to investigate or prosecute the criminal activities described in subsection (2)(q) of
[4]
SB 173
1 this section;
2 (B) The information shall be protected as confidential under applicable federal and state laws;
3 and
4 (C) The United States Postal Inspection Service or the federal law enforcement agency shall
5 give notice to the Department of Revenue of any request received under the federal Freedom of In-
6 formation Act, 5 U.S.C. 552, or other federal law relating to the disclosure of information.
7 (4) The Department of Revenue may recover the costs of furnishing the information described
8 in subsection (2)(k), (L) and (n) to (p) of this section from the respective agencies.
9
[5)
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2030
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of House In-
terim Committee on Revenue for Oregon Association of County Tax Collectors)
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.
Eliminates sunset date on statutory authorization for counties to maintain property tax bank-
ruptcy accounts, moneys from which are used to fund increased collection costs incurred when
counties undertake to collect outstanding property taxes that are also subject to bankruptcy court
proceedings.
Takes effect on 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to funding for collection of debt in bankruptcy proceedings; amending ORS 311.345, 311.385,
3 311.390, 311.395, 311.480 and 457.440 and sections 18 and 19, chapter 190, Oregon Laws 2003;
4 repealing sections 4, 5 and 20, chapter 190, Oregon Laws 2003; and prescribing an effective date.
5 Be It Enacted by the People of the State of Oregon:
6 SECTION 1. (1) Sections 4 and 5, chapter 190, Oregon Laws 2003, are repealed.
7 (2) Section 20, chapter 190, Oregon Laws 2003, as amended by section 11, chapter 704,
8 Oregon Laws 2003, is repealed.
9 SECTION 2. ORS 311.480, as amended by section 7, chapter 190, Oregon Laws 2003, is amended
10 to read:
11 311.480. If a tax has been levied against real or personal property, and thereafter and prior to
12 the date the tax becomes due and payable, the person against whom the tax is charged files a peti-
13 tion in bankruptcy, or is adjudged a bankrupt upon an involuntary proceeding, the tax shall become
14 immediately due. The tax collector of the county where the tax was levied shall prepare and present
15 to the bankruptcy court proof of claim of the county for the tax.
16 SECTION 3. ORS 311.385, as amended by section 9, chapter 190, Oregon Laws 2003, is amended
17 to read:
18 311.385. (1) The tax collector shall deposit all property tax moneys with the county treasurer
19 no later than:
20 (a) One business day after:
21 (A) Payment of the moneys is made in person at the office of the tax collector; or
22 (B) The tax collector receives moneys collected by a financial institution or other collection
23 agency; or
24 (b) Thirty calendar days after the payment arrives by mail in the county mail receptacle.
25 (2) The tax collector shall take a receipt for all moneys deposited with the county treasurer.
26 (3) Property tax moneys shall not be deposited in any account other than the unsegregated tax
27 collections account, except as provided in ORS 311.370 and 311.508 and section 2, chapter 190,
28 Oregon Laws 2003.
29 (4) No later than one business day after receiving notice of collection of tax moneys by a fi-
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1690
HB 2030
1 nancial institution or other collection agency, the tax collector shall notify the county treasurer of
2 the collection of those tax moneys.
3 (5) Except as provided in ORS 311.370 and 311.508 and section 2, chapter 190, Oregon Laws
4 2003, the county treasurer shall deposit all property tax moneys to an account in the records of the
5 county treasurer designated as the unsegregated tax collections account. Only those moneys that
6 will be distributed under ORS 311.390 and interest earned from the investment of those moneys shall
7 be deposited to the unsegregated tax collections account.
8 (6) As used in this section, "property tax moneys" includes all ad valorem taxes and all taxes
9 on property, as defined in ORS 310.140, and all other amounts specifically authorized by law to be
10 included on the assessment and tax roll, that are certified for collection under ORS 310.060 or other
11 law and any interest on those taxes.
12 SECTION 4. ORS 311.390, as amended by section 11, chapter 190, Oregon Laws 2003, is
13 amended to read:
14 311.390. (1) When the tax collector receives the assessor's certificate pursuant to ORS 311.115,
15 the tax collector shall prepare and file with the county treasurer a percentage schedule of the ratio
16 of taxes on property, as defined in ORS 310.140, and other amounts to be collected, after reductions
17 necessary to comply with section 11b, Article XI of the Oregon Constitution, after making adjust-
18 ments in accordance with ORS 311.105 (1)(c), for each governmental unit as shown in such certif-
19 icate, compared to the total of each of those amounts. Such schedule shall be approved by the
20 county accountant, if one exists in the county, or by the county clerk before filing. Except as pro-
21 vided in subsections (2) and (3) of this section, the distribution of collections by the tax collector
22 shall be made on the basis of the ratios computed pursuant to this section. The ratios computed
23 pursuant to this section for a given fiscal year shall be used for the distribution of all taxes on
24 property or penalties that have been imposed, collected and received for that fiscal year, regardless
25 of the actual date of receipt, except for moneys retained by a county to pay bankruptcy costs
26 under section 2, chapter 190, Oregon Laws 2003. Interest earned on moneys in the unsegregated
27 tax collections account shall be distributed according to the ratio applicable to the year in which
28 the moneys are distributed.
29 (2) If, after the ratios are computed pursuant to this section, the amount of a levy or other tax
30 on property is changed, or a levy or other tax on property is filed with the assessor pursuant to
31 ORS 310.060 that had not been included in the tax distribution schedule for that year, the tax col-
32 lector shall revise the percentages provided in subsection (1) of this section to reflect the corrected
33 or added levy or tax and shall adjust the amounts previously distributed and to be distributed
34 thereafter to reflect the revision in percentages.
35 (3) If, in the opinion of the tax collector, it is not feasible to make the revisions described in
36 subsection (2) of this section, the tax collector shall treat the amount of the change in levy or tax
37 or the additional levy or tax as a separate tax collection and segregate the moneys collected for the
38 particular district or districts in the periodic statement of tax collections given to the county
39 treasurer pursuant to ORS 311.395.
40 (4) If the percentage schedule is revised, a copy shall be filed with the county treasurer after
41 approval by the county accountant, if one exists in the county, or by the county clerk.
42 (5) If, after the ratios are computed under this section, a levy or tax is changed or a levy or tax
43 is filed with the assessor pursuant to ORS 310.060, that was not included in the tax distribution
44 schedule for that year, future distributions of interest shall be based on the revised percentages that
45 reflect the corrected or added levy or tax. No adjustments shall be made for previously distributed
[21
HB 2030
1 interest.
2 SECTION 5. ORS 311.395, as amended by section 13, chapter 190, Oregon Laws 2003, is
3 amended to read:
4 311.395. (1) The tax collector shall make statements of the exact amounts of property tax moneys
5 in cash and warrants collected as follows:
6 (a) For the period beginning on the first Monday following the last Friday in October through
7 the last Friday in November, the tax collector shall make weekly statements of those taxes that are
8 collected for the current tax year.
9 (b) For the period beginning the first Monday following the last Friday of November through the
10 last Friday of October of the ensuing year, the tax collector shall make quarterly statements of
11 those taxes that are collected for the current tax year.
12 (c) The tax collector shall make quarterly statements of taxes collected for prior years.
13 (d) Notwithstanding paragraph (b) or (c) of this subsection, if the balance in the unsegregated
14 tax collection account as of the close of any month for any tax year (the current tax year or any
15 prior tax year) exceeds $10,000 or if requested by any taxing district, and if weekly statements are
16 not required, then the tax collector shall make a statement for the period since the last statement
17 for the tax year.
18 (e) If the processing of tax payments for the current tax year received or postmarked on or be-
19 fore the November 15 due date (or if the due date is extended under ORS 311.507, the due date
20 pursuant to the extension) is not substantially completed as of the last Friday in November, the tax
21 collector shall continue to make weekly statements until the end of a week when the processing is
22 substantially completed.
23 (2)(a) Each statement shall be of taxes collected during the weekly, monthly, quarterly or other
24 period for which the statement is required.
25 (b) The statements prepared under subsection (1) of this section shall specify the tax years for
26 which the payments of taxes were made.
27 (c) A copy of each statement shall be filed with the county clerk and a copy shall be filed with
28 the county treasurer no later than the fifth business day after the last business day of the period
29 for which the statement is prepared. A copy of each statement shall be retained in the office of the
30 tax collector.
31 (3) For the purposes of this section, property tax moneys are collected when:
32 (a) Payment is made in person at the office of the tax collector;
33 (b) The tax collector receives tax moneys or notice of tax moneys collected by a financial in-
34 stitution or other collection agency;
35 (c) The tax collector receives payment or notice of payment of tax moneys by the state; or
36 (d) The tax collector has posted a payment that arrived by mail in the county mail receptacle.
37 (4) Each statement required under subsections (1) and (2) of this section shall separately
38 state the amount deposited into the property tax bankruptcy account under section 2, chap-
39 ter 190, Oregon Laws 2003, for the period covered by the statement.
40 [NA (5) The statements required under subsections (1) and (2) of this section may be made more
41 often and for shorter periods if the tax collector so desires but one of the statements so filed shall
42 cover a period coinciding with the last business day of the particular calendar month or quarter
43 during the period.
44 [(5A (6) The county treasurer shall credit the total amount of moneys set out in the statements
45 prepared under subsections (1) and (2) of this section, except for the amount deposited into the
[3]
HB 2030
1 property tax bankruptcy account under section 2, chapter 190, Oregon Laws 2003, to the se-
2 veral funds for which the moneys were respectively received in accordance with the schedule pro-
3 vided in ORS 311.390. The county treasurer shall keep the moneys and warrants received from the
4 tax collector in their respective funds.
5 [(6)] (7) Within five business days of receiving a statement required by subsection (1) or (2) of
6 this section, the county treasurer shall distribute the amount of money set out in the statement,
7 except for the amount deposited into the property tax bankruptcy account under section 2,
8 chapter 190, Oregon Laws 2003, to the several taxing units according to the ratios provided in
9 ORS 311.390. The county treasurer shall distribute interest earned on moneys in the unsegregated
10 tax collections account at least as often as the treasurer receives a statement from the tax collector
11 under subsection (1)(b) or (d) of this section. When statements are received under subsection (1)(a)
12 of this section, the county treasurer shall distribute interest at least once a calendar month.
13 SECTION 6. ORS 311.345, as amended by section 15, chapter 190, Oregon Laws 2003, is
14 amended to read:
15 311.345. (1) If a tax collector fails to make settlement of the taxes included in the assessment
16 roll within the time required by ORS 311.395, the tax collector shall be charged with damages in
17 an amount equaling five percent of the amount not settled within the time required by ORS 311.395,
18 plus 12 percent interest per year on the damages from the day payment should have been made of
19 the balance of unsettled taxes due from the tax collector.
20 (2) If a tax collector neglects or refuses to pay over all moneys received for taxes to the county
21 treasurer, the tax collector shall, in addition to the criminal penalty provided for in ORS 311.990 (6),
22 be liable to pay damages in an amount equaling 10 percent of the amount not paid over, plus 12
23 percent interest per year on the damages from the day payment should have been made.
24 (3) The moneys, damages and interest authorized to be collected under this section may be col-
25 lected by suit upon the bond of the tax collector for the recovery of the same.
26 (4) If a county treasurer neglects or refuses to distribute moneys in the unsegregated tax col-
27 lections account as required by ORS 311.395 [(5)] (6), the county treasurer shall be liable to pay
28 damages in an amount equaling 10 percent of the amount not distributed as required by ORS 311.395,
29 plus 12 percent interest per year on the damages from the day distribution should have been made.
30 SECTION 7. ORS 457.440, as amended by section 17, chapter 190, Oregon Laws 2003, is
31 amended to read:
32 457.440. During the period specified under ORS 457.450:
33 (1) The county assessor shall determine the amount of funds to be raised each year for urban
34 renewal within the county levied by taxing districts in accordance with section lc, Article IX of the
35 Oregon Constitution, and ORS 457.420 to 457.460.
36 (2) Not later than July 15 of each tax year, each urban renewal agency shall determine and file
37 with the county assessor a notice stating the amount of funds to be raised for each urban renewal
38 area as follows:
39 (a) If the municipality that activated the urban renewal agency has chosen Option One as pro-
40 vided in ORS 457.435 (2)(a), the notice shall state that the maximum amount of funds that may be
41 raised by dividing the taxes under section lc, Article IX of the Oregon Constitution, shall be raised
42 for the agency.
43 (b) If the municipality that activated the urban renewal agency has chosen Option Two as pro-
44 vided in ORS 457.435 (2)(b), the notice shall state the amount of funds to be raised by the special
45 levy.
[4]
HB 2030
1 (c) If the municipality that activated the urban renewal agency has chosen Option Three as
2 provided in ORS 457.435 (2)(c), the notice shall state the amount of funds to be raised by special levy
3 in addition to the amount to be raised by dividing the taxes as stated in the ordinance adopted under
4 ORS 457.435 (1).
5 (d) If the plan is not an existing plan, the notice shall state that the maximum amount of funds
6 that may be raised by dividing the taxes under section 1c, Article IX of the Oregon Constitution,
7 shall be raised for the agency.
8 (3) If a municipality has chosen Option Three pursuant to ORS 457.435, the maximum amount
9 of funds that may be raised for an urban renewal agency by dividing the taxes as provided in section
10 lc, Article IX of the Oregon Constitution, may be limited by the municipality in which the urban
11 renewal agency is located. The decision of the municipality to limit the amount of funds to be in-
12 cluded in the notice filed under subsection (2) of this section shall be reflected in the certified
13 statement filed by the urban renewal agency with the county assessor.
14 (4) Not later than September 25 of each tax year, the assessor of any county in which a joint
15 district is located shall provide, to the assessor of each other county in which the joint district is
16 located, the assessed values of the property in the joint district that is located within the county,
17 including the certified statement value and the increment for each code area containing any urban
18 renewal area located within the joint district, and a copy of the notice filed by the urban renewal
19 agency for the area located within the joint district under subsection (2) of this section.
20 (5) The maximum amount of funds that may be raised for an urban renewal plan by dividing the
21 taxes as provided in section lc, Article IX of the Oregon Constitution, shall be computed by the
22 county assessor as follows:
23 (a) The county assessor shall compute the total consolidated billing tax rate for each code area
24 in which an urban renewal area of the plan is located.
25 (b) The assessor shall determine the amount of taxes that would be produced by extending the
26 tax rate computed under paragraph (a) of this subsection against the increment of each code area.
27 (c) The total amount determined for all code areas containing urban renewal areas included
28 within the urban renewal plan is the maximum amount of funds to be raised for the urban renewal
29 plan by dividing the taxes.
30 (6)(a) The maximum amount of funds that may be raised for an urban renewal agency as deter-
31 mined under subsection (5) of this section, or the maximum amount, as determined under subsection
32 (2) of this section, shall be certified by the county assessor to the tax collector. The tax collector
33 shall include the amount so certified in the percentage schedule of the ratio of taxes on property
34 prepared under ORS 311.390 and filed with the county treasurer. Notwithstanding ORS 311.395 [(5)]
35 (6), the county treasurer shall credit the amount to the urban renewal agency and shall distribute
36 its percentage amount to the urban renewal agency as determined by the schedule at the times other
37 distributions are made under ORS 311.395 [(6)] (7).
38 (b) The county assessor shall notify the urban renewal agency of the amounts received under
39 subsection (5) of this section or amounts received pursuant to the notice provided in subsection (2)
40 of this section for each urban renewal plan area. Any amounts received by the urban renewal
41 agency under paragraph (a) of this subsection shall be attributed to the urban renewal plan in which
42 the urban renewal area is included, shall be paid into a special fund of the urban renewal agency
43 for the urban renewal plan and shall be used to pay the principal and interest on any indebtedness
44 issued or incurred by the urban renewal agency to finance or refinance the urban renewal plan.
45 (7) Unless and until the total assessed value of the taxable property in an urban renewal area
[5]
HB 2030
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exceeds the total assessed value specified in the certified statement, all of the ad valorem taxes
levied and collected upon the taxable property in the urban renewal area shall be paid into the
funds of the respective taxing districts.
(8) The agency may incur indebtedness, including obtaining loans and advances in carrying out
the urban renewal plan, and the portion of taxes received under this section may be irrevocably
pledged for the payment of principal of and interest on the indebtedness.
(9) The Department of Revenue shall by rule establish procedures for giving notice of amounts
to be raised for urban renewal agencies and for determination of amounts to be raised and distrib-
uted to urban renewal agencies.
(10) The notice required under this section shall serve as the notice required under ORS 310.060
for the special levy described under ORS 457.435.
SECTION 8. Section 18, chapter 190, Oregon Laws 2003, as amended by section 9, chapter 704,
Oregon Laws 2003, is amended to read:
Sec. 18. Section 2, chapter 190, Oregon Laws 2003, applies to taxes, interest and related
penalties[:]
[(1)] due under ORS 311.405 or 311.480 on or after November 26, 2003. [the effective date of this
2003 Act and before July 1, 2008; or]
[(2) Due pursuant to an order of a bankruptcy court issued before July 1, 2008.1
SECTION 9. Section 19, chapter 190, Oregon Laws 2003, as amended by section 10, chapter 704,
Oregon Laws 2003, is amended to read:
Sec. 19. The amendments to ORS 311.345, 311.385, 311.390, 311.395, 311.480 and 457.440 by
sections [6, 8, 10, 12, 14 and 16] 6 to 17, chapter 190, Oregon Laws 2003, apply to taxes, interest and
related penalties[:]
[(1)] due under ORS 311.405 or 311.480 on or after November 26, 2003. [the effective date of this
2003 Act; or]
[(2) Due pursuant to an order of a bankruptcy court issued before July 1, 2008.1
SECTION 10. This 2007 Act takes effect on the 91st day after the date on which the
regular session of the Seventy-fourth Legislative Assembly adjourns sine die.
[6]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2031
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of House In-
terim Committee on Revenue for Oregon Association of County Tax Collectors)
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.
Permits county tax collector to petition county court to cancel uncollectible disqualified deferral
amounts on exempt real property.
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A BILL FOR AN ACT
Relating to taxation; amending ORS 311.790.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 311.790 is amended to read:
311.790. (1) If the tax collector and the district attorney for any county determine that taxes
on personal property that are delinquent are for any reason wholly uncollectible, the tax collector
and district attorney may request, in writing, the county court for an order directing that the taxes
be canceled. The court, when so requested, may in its discretion order and direct the tax collector
to cancel such uncollectible personal property taxes. The order shall be entered in the journal of
the county court.
(2) If the tax collector determines that additional taxes on real property disqualified from
special assessment under ORS 308A.703 are wholly uncollectible due to the property's exempt
status, the tax collector may request, in writing, the county court for an order directing that
the taxes be canceled. The court, when so requested, may in its discretion order and direct
the tax collector to cancel the uncollectible property taxes. The order shall be entered in the
journal of the county court.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1691
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2032
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of House In-
terim Committee on Revenue for Oregon Association of County Tax Collectors)
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.
Requires Department of Revenue to pay delinquent taxes, interest and penalties on homesteads
for which property tax deferral is claimed by seniors and persons with disabilities.
Applies to delinquent taxes, interest and penalties for which claim for homestead property tax
deferral is filed on or after January 1, 2008.
1 A BILL FOR AN ACT
2 Relating to tax-deferred property; creating new provisions; and amending ORS 311.668 and 311.676.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 311.668 is amended to read:
5 311.668. (1)(a) Subject to ORS 311.670, an individual, or two or more individuals jointly, may
6 elect to defer the property taxes on their homestead by filing a claim for deferral with the county
7 assessor after January 1 and on or before April 15 of the first year in which deferral is claimed if:
8 (A) The individual, or, in the case of two or more individuals filing a claim jointly, each indi-
9 vidual, is 62 years of age or older on April 15 of the year in which the claim is filed; or
10 (B) The individual is a disabled person on April 15 of the year in which the claim is filed. In the
11 case of individuals filing a claim jointly, only one individual need be a disabled person in order to
12 make the election.
13 (b) In order to make the election described in paragraph (a) of this subsection, the individual
14 must have, or in the case of two or more individuals filing a claim jointly, all of the individuals to-
15 gether must have household income, as defined in ORS 310.630, for the calendar year immediately
16 preceding the calendar year in which the claim is filed of less than $32,000.
17 (c) The county assessor shall forward each claim filed under this subsection to the Department
18 of Revenue which shall determine if the property is eligible for deferral.
19 (2) When the taxpayer elects to defer property taxes for any year by filing a claim for deferral
20 under subsection (1) of this section, it shall have the effect of:
21 (a) Deferring the payment of the property taxes levied on the homestead for the fiscal year be-
22 ginning on July 1 of [such year] the year of application.
23 (b) Continuing the deferral of the payment by the taxpayer of any property taxes deferred under
24 ORS 311.666 to 311.701 for previous years which have not become delinquent under ORS 311.686.
25 (c) Continuing the deferral of the payment by the taxpayer of any future property taxes for as
26 long as the provisions of ORS 311.670 are met.
27 (3) If a guardian or conservator has been appointed for an individual otherwise qualified to ob-
28 tain deferral of taxes under ORS 311.666 to 311.701, the guardian or conservator may act for such
29 individual in complying with the provisions of ORS 311.666 to 311.701.
30 (4) If a trustee of an inter vivos trust which was created by and is revocable by an individual,
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1692
HB 2032
1 who is both the trustor and a beneficiary of the trust and who is otherwise qualified to obtain a
2 deferral of taxes under ORS 311.666 to 311.701, owns the fee simple estate under a recorded instru-
3 ment of sale, the trustee may act for the individual in complying with the provisions of ORS 311.666
4 to 311.701.
5 (5) Nothing in this section shall be construed to require a spouse of an individual to file a claim
6 jointly with the individual even though the spouse may be eligible to claim the deferral jointly with
7 the individual.
8 (6) Any person aggrieved by the denial of a claim for deferral of homestead property taxes or
9 disqualification from deferral of homestead property taxes may appeal in the manner provided by
to ORS 305.404 to 305.560.
11 (7)(a) For each tax year beginning on or after July 1, 2002, the Department of Revenue shall
12 recompute the maximum household income that may be incurred under an allowable claim for
13 deferral under subsection (1)(b) of this section. The computation shall be as follows:
14 (A) Divide the average U.S. City Average Consumer Price Index for the first six months of the
15 current calendar year by the average U.S. City Average Consumer Price Index for the first six
16 months of 2001.
17 (B) Recompute the maximum household income by multiplying $32,000 by the appropriate in-
18 dexing factor determined as provided in subparagraph (A) of this paragraph.
19 (b) As used in this subsection, "U.S. City Average Consumer Price Index" means the U.S. City
20 Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of
21 Labor Statistics of the United States Department of Labor.
22 (c) If any change in the maximum household income determined under paragraph (a) of this
23 subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of $500.
24 SECTION 2. ORS 311.676 is amended to read:
25 311.676. (1) Upon determining the amount of deferred taxes on tax-deferred property for the tax
26 year, the Department of Revenue shall pay to the respective county tax collectors an amount
27 [equivalent] equal to the deferred taxes less three percent thereof. Payment shall be made from the
28 revolving account established under ORS 311.701.
29 (2) The department shall maintain accounts for each deferred property and shall accrue interest
30 only on the actual amount of taxes advanced to the county.
31 (3)(a) If only a portion of taxes are deferred under ORS 311.689, the department shall pay the
32 portion that is eligible for deferral to the tax collector and shall provide a separate notice to the
33 county assessor stating the amount of property taxes that the department is paying.
34 (b) The notice stating the amount of property taxes paid by the department and any other
35 county records indicating those amounts are not subject to the prohibitions against disclosure set
36 forth in ORS 314.835.
37 (4) In addition to amounts paid under subsection (1) of this section, the department shall
38 pay to the respective county tax collectors an amount equal to the total amount of delin-
39 quent taxes, interest and penalties due on tax-deferred property. For purposes of this sub-
40 section, the total amount of delinquent taxes, interest and penalties includes all taxes,
41 interest and penalties that are delinquent as of the date a claim for deferral is filed under
42 ORS 311.668.
43 SECTION 3. The amendments to ORS 311.676 by section 2 of this 2007 Act apply to de-
44 linquent taxes, interest and penalties on homesteads for which a claim for deferral under
45 ORS 311.668 is filed on or after January 1, 2008.
[2]
HB 2032
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2033
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of House In-
terim Committee on Transportation for Association of Oregon Counties)
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.
Revises definition of "minimum county road base funding" for purposes of allocating moneys
from State Highway Fund.
Declares emergency, effective July 1, 2007.
1 A BILL FOR AN ACT
2 Relating to allocation of moneys to counties for road funding; amending ORS 366.772; and declaring
3 an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 366.772 is amended to read:
6 366.772. (1) Not later than July 31 in each calendar year, the sum of $750,000 shall be withdrawn
7 from the appropriation specified in ORS 366.762, and the sum of $250,000 shall be withdrawn from
8 moneys available to the Department of Transportation from the State Highway Fund. The sums
9 withdrawn shall be set up in a separate account to be administered by the Department of Trans-
10 portation.
11 (2) Not later than July 31 in each calendar year, the sum of $1 million shall be withdrawn from
12 the separate account described in subsection (1) of this section and distributed to counties that had
13 a county road base funding deficit in the prior fiscal year. A county's share of the $1 million shall
14 be based on the ratio of the amount of the county's road base funding deficit to the total amount
15 of county road base funding deficits of all counties.
16 (3) Moneys allocated as provided in this section may be used only for maintenance, repair and
17 improvement of existing roads.
18 (4) As used in this section:
19 (a) "Arterial highway" has the meaning given that term in ORS 801.127.
20 (b) "Collector highway" has the meaning given that term in ORS 801.197.
21 [(a)] (c) "County road base funding deficit" means the amount of a county's minimum county
22 road base funding minus the amount of that county's dedicated county road funding. A county has
23 a county road base funding deficit only if the amount of the dedicated county road funding is less
24 than the amount of the minimum county road base funding.
25 [(b)] (d) "Dedicated county road funding" for a county means:
26 (A) Moneys received from federal forest reserves and apportioned to the county road fund in
27 accordance with ORS 294.060;
28 (B) State Highway Fund moneys distributed to the county, other than moneys distributed under
29 this section; and
30 (C) Federal Highway Administration revenues allocated by formula to the county annually under
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1193
HB 2033
1 the federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do not include
2 federal funds received by the county through a competitive grant process.
3 [(c)] (e) "Minimum county road base funding" means [$1 million] $4,500 per mile of county
4 roads that are arterial and collector highways beginning on July 1, [2003] 2007, and thereafter
5 means [$1 million] $4,500 per mile of county roads that are arterial and collector highways as
6 adjusted annually on the basis of the Portland-Salem, OR-WA, Consumer Price Index for All Urban
7 Consumers for All Items, as published by the Bureau of Labor Statistics of the United States De-
b partment of Labor.
9 SECTION 2. ORS 366.772, as amended by section 20, chapter 618, Oregon Laws 2003, is
10 amended to read:
11 366.772. (1) Not later than July 31 in each calendar year, the sum of $500,000 shall be withdrawn
12 from the appropriation specified in ORS 366.762, and the sum of $250,000 shall be withdrawn from
13 moneys available to the Department of Transportation from the State Highway Fund. The sums
14 withdrawn shall be set up in a separate account to be administered by the Department of Trans-
15 portation.
16 (2) Not later than July 31 in each calendar year, the sum of $750,000 shall be withdrawn from
17 the separate account described in subsection (1) of this section and distributed to counties that had
18 a county road base funding deficit in the prior fiscal year. A county's share of the $750,000 shall
19 be based on the ratio of the amount of the county's road base funding deficit to the total amount
20 of county road base funding deficits of all counties.
21 (3) Moneys allocated as provided in this section may be used only for maintenance, repair and
22 improvement of existing roads.
23 (4) As used in this section:
24 (a) "Arterial highway" has the meaning given that term in ORS 801.127.
25 (b) "Collector highway" has the meaning given that term in ORS 801.197.
26 [(a)] (c) "County road base funding deficit" means the amount of a county's minimum county
27 road base funding minus the amount of that county's dedicated county road funding. A county has
28 a county road base funding deficit only if the amount of the dedicated county road funding is less
29 than the amount of the minimum county road base funding.
30 [(b)] (d) "Dedicated county road funding" for a county means:
31 (A) Moneys received from federal forest reserves and apportioned to the county road fund in
32 accordance with ORS 294.060;
33 (B) State Highway Fund moneys distributed to the county, other than moneys distributed under
34 this section; and
35 (C) Federal Highway Administration revenues allocated by formula to the county annually under
36 the federal-aid highway program authorized by 23 U.S.C. chapter 1. These moneys do not include
37 federal funds received by the county through a competitive grant process.
38 [(c)] (e) "Minimum county road base funding" means [$1 million] $4,500 per mile of county
39 roads that are arterial and collector highways beginning on July 1, [2003] 2007, and thereafter
40 means [$1 million] $4,500 per mile of county roads that are arterial and collector highways as
41 adjusted annually on the basis of the Portland-Salem, OR-WA, Consumer Price Index for All Urban
42 Consumers for All Items, as published by the Bureau of Labor Statistics of the United States De-
43 partment of Labor.
44 SECTION 3. This 2007 Act being necessary for the immediate preservation of the public
45 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
[2]
HB 2033
i July 1, 2007.
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2130
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Attorney
General Hardy Myers for Department of Justice)
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.
Removes limitation on proportion of Criminal Fine and Assessment Account appropriation that
Criminal Injuries Compensation Account may disburse to county or city comprehensive victims' as-
sistance programs.
Declares emergency, effective July 1, 2007.
1 A BILL FOR AN ACT
2 Relating to Criminal Injuries Compensation Account; amending ORS 147.227; and declaring an
3 emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 147.227, as amended by section 7, chapter 700, Oregon Laws 2005, is amended
6 to read:
7 147.227. (1) The Attorney General or the Attorney General's designee shall disburse [up to one-
8 half of the] a portion of the moneys that the Criminal Injuries Compensation Account receives from
9 the Criminal Fine and Assessment Account to counties and cities where prosecuting attorneys
10 maintain comprehensive victims' assistance programs approved by the Attorney General or the At-
11 torney General's designee. Those counties and cities shall provide the moneys to the prosecuting
12 attorney therein to be used exclusively for the comprehensive victims' assistance program. Pursuant
13 to consultation with a three member advisory committee, which the Attorney General shall establish
14 administratively, and which shall consist of a representative from the Attorney General's Office, the
15 Oregon District Attorneys Association and a prosecutor's victim assistance program, the Attorney
16 General shall adopt rules for equitable distribution of these moneys among participating counties
17 and cities.
18 (2) To qualify for approval under this section, a comprehensive victims' assistance program
19 [shall] may not restrict services only to victims or witnesses of a particular type of crime, but shall
20 provide services to victims and witnesses generally. The program must also, in the determination
21 of the Attorney General or the Attorney General's designee, substantially accomplish the following:
22 (a) Provide comprehensive services to victims and witnesses of all types of crime with particular
23 emphasis on serious crimes against persons and property, including, but not limited to:
24 (A) Informing victims and witnesses of their case status and progress;
25 (B) Performing advocate duties for victims within the criminal justice system;
26 (C) Assisting victims in recovering property damaged or stolen and in obtaining restitution or
27 compensation for medical and other expenses incurred as a result of the criminal act;
28 (D) Preparing victims for pending court hearings by informing them of procedures involved;
29 (E) Accompanying victims to court hearings;
30 (F) Involving victims, when possible, in the decision-making process in the criminal justice sys-
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1004
HB 2130
1 tem;
2 (G) Assisting victims in obtaining the return of property held as evidence;
3 (H) Assisting victims with personal logistical problems related to court appearances; and
4 (I) Developing community resources to assist victims of crime;
5 (b) Be administered by the district attorney of the county or city attorney of the city;
6 (c) Assist victims of crimes in the preparation and presentation of claims against the Criminal
7 Injuries Compensation Account; and
8 (d) Generally encourage and facilitate testimony by victims of and witnesses to criminal conduct.
9 (3) If a proposed victims' assistance program, although not substantially comprising all elements
10 described in subsection (2) of this section, nevertheless comprises a significant portion thereof and
11 if, in the determination of the Attorney General or the Attorney General's designee thereof, it would
12 not be practicable at the current time for the district attorney or city attorney to establish a more
13 comprehensive program, the Attorney General or the Attorney General's designee thereof may
14 qualify the program under this section on a temporary basis and subject to such conditions as the
15 Attorney General or the designee shall impose upon the program.
16 SECTION 2. This 2007 Act being necessary for the immediate preservation of the public
17 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
18 July 1, 2007.
19
[21
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2139
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Attorney
General Hardy Myers for Department of Justice)
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.
Provides that mediation of workplace interpersonal disputes between employees of public body
may be confidential.
1 A BILL FOR AN ACT
2 Relating to mediation; amending ORS 36.228.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 36.228 is amended to read:
5 36.228. (1) Notwithstanding any other provision of ORS 36.220 to 36.238, if the only parties to
6 a mediation are public bodies, mediation communications and mediation agreements in the mediation
7 are not confidential except to the extent those communications or agreements are exempt from dis-
8 closure under ORS 192.410 to 192.505. Mediation of workplace interpersonal disputes between
9 employees of a public body is not subject to this subsection.
10 (2) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies
11 are parties to a mediation in which a private person is also a party, mediation communications in
12 the mediation are not confidential if the laws, rules or policies governing confidentiality of medi-
13 ation communications for at least one of the public bodies provide that mediation communications
14 in the mediation are not confidential.
15 (3) Notwithstanding any other provision of ORS 36.220 to 36.238, if two or more public bodies
16 are parties to a mediation in which a private person is also a party, mediation agreements in the
17 mediation are not confidential if the laws, rules or policies governing confidentiality of mediation
18 agreements for at least one of the public bodies provide that mediation agreements in the mediation
19 are not confidential.
20
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1025
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2228
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue and Office of Regulatory Streamlining of Department of
Consumer and Business Services)
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.
Increases authority of county assessors to grant extensions of time for filing property tax re-
turns.
Permits Department of Revenue to grant extensions to persons required to file property tax re-
turns in more than one county.
Applies to returns filed for property tax years beginning on or after July 1, 2008.
1 A BILL FOR AN ACT
2 Relating to property tax returns; creating new provisions; and amending ORS 308.250 and 308.290.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 308.290 is amended to read:
5 308.290. (1)(a) Every person and the managing agent or officer of any firm, corporation or asso-
6 ciation owning, or having in possession or under control taxable personal property shall make a
7 return of the property for ad valorem tax purposes to the assessor of the county in which such
8 property has its situs for taxation. As between a mortgagor and mortgagee or a lessor and lessee,
9 however, the actual owner and the person in possession may agree between them as to who shall
10 make the return and pay the tax, and the election shall be followed by the person in possession of
11 the roll who has notice of the election. Upon the failure of either party to file a personal property
12 tax return on or before March 1 of any year, both parties shall be jointly and severally subject to
13 the provisions of ORS 308.296.
14 (b) Every person and the managing agent or officer of any firm, corporation or association
15 owning or in possession of taxable real property shall make a return of the property for ad valorem
16 tax purposes when so requested by the assessor of the county in which such property is situated.
17 (2)(a) Each return of personal property shall contain a full listing of such property and a state-
18 ment of its real market value, including a separate listing of those items claimed to be exempt as
19 imports or exports. Each statement shall contain a listing of the additions or retirements made since
20 the prior January 1, indicating the book cost and the date of acquisition or retirement. Each return
21 shall contain the name, assumed business name, if any, and address of the owner of the personal
22 property and, if it is a partnership, the name and address of each general partner or, if it is a cor-
23 poration, the name and address of its registered agent.
24 (b) Each return of real property shall contain a full listing of the several items or parts of such
25 property specified by the county assessor and a statement exhibiting their real market value. Each
26 return shall contain a listing of the additions and retirements made during the year indicating the
27 book cost, book value of the additions and retirements or the appraised real market value of re-
28 tirements as specified in the return by the assessor.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 509
HB 2228
1 (c) There shall be annexed to each return the affidavit or affirmation of the person making the
2 return that the statements contained in the return are true. All returns shall be in such form as the
3 assessor, with the approval of the Department of Revenue, may prescribe. Prior to December 31
4 preceding the assessment year, the department or assessor shall cause blank forms for the returns
5 to be prepared and distributed by mail, but failure to receive or secure the form shall not relieve
6 the person, managing agent or officer from the obligation of making any return required by this
7 section.
8 (3) All returns shall be filed on or before March 1 of each year, but the county assessor[, upon
9 written request filed with the assessor prior to that date and for good cause shown in the request, shall
10 allow for] or the Department of Revenue may grant an extension of time to April 15 within
11 which to file the return [to April 151 as provided by subsection (5), (6) or (7) of this section.
12 [The department shall adopt rules for the granting of extensions under this subsection.]
13 (4)(a) In lieu of the returns required under subsection (1)(a) or (b) of this section, every person
14 and the managing agent or officer of any firm, corporation or association owning or having in pos-
15 session or under control taxable real and personal property that is either principal industrial prop-
16 erty or secondary industrial property as defined by ORS 306.126 (1) and is appraised by the
17 Department of Revenue shall file a combined return of the real and personal property with the
18 department.
19 (b) The contents and form of the return shall be as prescribed by rule of the department. Any
20 form shall comply with ORS 308.297. Notwithstanding ORS 308.875, a manufactured structure that
21 is a part of an industrial property shall be included in a combined return.
22 (c) In order that the county assessor may comply with ORS 308.295, the department shall pro-
23 vide a list to the assessor of all combined returns that are required to be filed with the department
24 under this subsection but that were not filed on or before the due date or within the time allowed
25 by an extension.
26 (d) If the department has delegated appraisal of the property to the county assessor under ORS
27 306.126 (3), the department shall notify the person otherwise required to file the combined return
28 under this subsection as soon as practicable after the delegation that the combined return is re-
29 quired to be filed with the [county] assessor.
30 (e) Notwithstanding subsection (1) [or (3)] of this section, a combined return of real and personal
31 property that is industrial property appraised by the department shall be filed with the department
32 on or before March 1 of the year.
33 (5)(a) Any person required to file a return under subsection (4) of this section may apply to the
34 Department of Revenue for an extension of [the] time to April 15, within which to file the return.
35 [to April 15. An extension granted under this subsection shall continue in effect for each subsequent
36 year unless canceled by the person or revoked by the department.]
37 (b) Extensions granted under this subsection may be based on a finding by the depart-
38 ment that:
39 (A) Good or sufficient cause exists for granting an extension for the property tax year
40 of the return; or
41 (B) Granting an extension enhances the accuracy of the filing by the taxpayer and long-
42 term voluntary compliance. An extension granted under this subparagraph shall continue in
43 effect for each subsequent property tax year until the taxpayer cancels the extension or the
44 department revokes the extension.
45 (c) An extension granted under this subsection shall apply to returns required to be filed under
[2]
HB 2228
1 subsection (4) of this section with either the county assessor or the department.
2 (d) The department shall [provide for notification of county assessors of the granting of
3 extensions] notify assessors in affected counties when the department grants extensions under
4 this subsection.
5 (6)(a) Except as provided in subsection (5) of this section, any person required to file a
6 return with the county assessor under this section may apply to the assessor for an exten-
7 sion of time to April 15 within which to file the return.
8 (b) Extensions granted under this subsection may be based on a finding by the assessor
9 that:
10 (A) Good or sufficient cause exists for granting an extension for the property tax year
11 of the return; or
12 (B) Granting an extension enhances the accuracy of the filing by the taxpayer and long-
13 term voluntary compliance. An extension granted under this subparagraph shall continue in
14 effect for each subsequent property tax year until the taxpayer cancels the extension or the
15 assessor revokes the extension.
16 (7)(a) Any person required to file returns in more than one county may apply to the De-
17 partment of Revenue for an extension of time to April 15 within which to file the returns.
18 The department may grant extensions to a person required to file returns in more than one
19 county.
20 (b) Extensions granted under this subsection may be based on a finding by the depart-
21 ment that:
22 (A) Good or sufficient cause exists for granting an extension for the property tax year
23 of the return; or
24 (B) Granting an extension enhances the accuracy of the filing by the taxpayer and long-
25 term voluntary compliance. An extension granted under this subparagraph shall continue in
26 effect for each subsequent property tax year until the taxpayer cancels the extension or the
27 department revokes the extension.
28 (c) Whenever the department grants an extension to a person required to file returns in
29 more than one county, the department shall notify the assessors in the counties affected by
30 the extensions.
31 [(b)] (S) The Department of Revenue shall, by rule, establish procedures and criteria for [the
32 granting of extensions provided for under paragraph (a) of this subsection. The department shall adopt
33 such rules] granting, denying or revoking extensions under this section after consultation with
34 an advisory committee selected by the department that represents the interests of county assessors
35 and affected taxpayers.
36 [(6)] (9) No return shall be controlling on the county assessor or on the Department of Revenue
37 in any respect in the assessment of any property. On any failure to file the required return, the
38 property shall be listed and [evaluated] assessed from the best information obtainable from other
39 sources.
40 [(7)(a)] (10)(a) All returns filed under the provisions of this section and ORS 308.525 and 308.810
41 [shall be] are confidential records of the Department of Revenue or the county assessors office
42 in which [such] the returns are filed.
43 (b) Notwithstanding paragraph (a) of this subsection, a return described in paragraph (a) of this
44 subsection may be disclosed to:
45 (A) The Department of Revenue or its representative;
[3]
HB 2228
1 (B) The representatives of the Secretary of State or to an accountant engaged by a county under
2 ORS 297.405 to 297.555 for the purpose of auditing the county's personal property tax assessment
3 roll (including adjustments to returns made by the Department of Revenue);
4 (C) The county tax collector or the tax collector's representative for the purpose of collecting
5 delinquent personal property taxes;
6 (D) Any reviewing authority to the extent the return being disclosed relates to an appeal
7 brought by a taxpayer;
8 (E) The Division of Child Support of the Department of Justice or a district attorney to the
9 extent the return being disclosed relates to a case for which the Division of Child Support or the
10 district attorney is providing support enforcement services under ORS 25.080; or
11 (F) The Legislative Revenue Officer for the purpose of preparation of reports, estimates and
12 analyses required by ORS 173.800 to 173.850.
13 (c) Notwithstanding paragraph (a) of this subsection:
14 (A) The Department of Revenue may exchange property tax information with the authorized
15 agents of the federal government and the several states on a reciprocal basis.
16 (B) Information regarding the valuation of leased property reported on a property return filed
17 by a lessor under this section may be disclosed to the lessee or other person in possession of the
18 property. Information regarding the valuation of leased property reported on a property return filed
19 by a lessee under this section may be disclosed to the lessor of the property.
20 MA (11) If the assessed value of any personal property in possession of a lessee is less than the
21 maximum amount of the assessed value of taxable personal property for which ad valorem property
22 taxes may be canceled under ORS 308.250, the person in possession of the roll may disregard an
23 election made under subsection (1) of this section and assess the owner or lessor of the property.
24 SECTION 2. ORS 308.250 is amended to read:
25 308.250. (1) All personal property not exempt from ad valorem taxation or subject to special
26 assessment shall be valued at 100 percent of its real market value, as of January 1, at 1:00 a.m. and
27 shall be assessed at its assessed value determined as provided in ORS 308.146.
28 (2) If the total assessed value of all taxable personal property required to be reported under ORS
29 308.290 in any county of any taxpayer is less than $12,500 in any assessment year, the county
30 assessor shall cancel the ad valorem tax assessment for that year.
31 (3) In any assessment year or years following an assessment year for which taxes are canceled
32 under subsection (2) of this section, the taxpayer may meet the requirements of ORS 308.290 by fil-
33 ing, within the time required or extended under ORS 308.290, a verified statement with the county
34 assessor indicating that the total assessed value of all taxable personal property of the taxpayer
35 required to be reported under ORS 308.290 in the county is less than $12,500. The statement shall
36 contain the name and address of the taxpayer, the information needed to identify the account and
37 other pertinent information, but shall not be required to contain a listing or value of property or
38 property additions or retirements.
39 (4)(a) For each tax year beginning on or after July 1, 2003, the Department of Revenue shall
40 recompute the maximum amount of the assessed value of taxable personal property for which ad
41 valorem property taxes may be canceled under this section. The computation shall be as follows:
42 (A) Divide the average U.S. City Average Consumer Price Index for the prior calendar year by
43 the average U.S. City Average Consumer Price Index for 2002.
44 (B) Recompute the maximum amount of assessed value for which taxes may be canceled by
45 multiplying $12,500 by the appropriate indexing factor determined as provided in subparagraph (A)
[4]
HB 2228
1 of this paragraph.
2 (b) As used in this subsection, "U.S. City Average Consumer Price Index" means the U.S. City
3 Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of
4 Labor Statistics of the United States Department of Labor.
5 (c) If any change in the maximum amount of assessed value determined under paragraph (a) of
6 this subsection is not a multiple of $500, the increase shall be rounded to the nearest multiple of
7 $500.
8 SECTION 3. The amendments to ORS 308.250 and 308.290 by sections 1 and 2 of this 2007
9 Act apply to returns filed for property tax years beginning on or after July 1, 2008.
10
[51
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2229
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue)
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.
Limits interest on refunds for property tax overpayment to portion of overpayment not attrib-
utable to inaccurate taxpayer reports.
Applies to refunds for appeals filed on or after July 1, 2007.
Takes effect on 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to interest on property tax refunds; creating new provisions; amending ORS 311.812; and
3 prescribing an effective date.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 311.812 is amended to read:
6 311.812. (1) Except as provided in subsection (2) of this section, interest may not be paid upon
7 any tax refunds made under ORS 311.806.
8 (2) Interest as provided in subsection (3) of this section shall be paid on the following refunds:
9 (a) A refund resulting from the correction under ORS 311.205 of an error made by the assessor
10 or tax collector.
11 (b) A refund resulting from a written stipulation of the county assessor or the county tax col-
12 lector if the written stipulation constitutes a final determination that is not subject to appeal.
13 (c) Any refund ordered by the Department of Revenue if no appeal is taken or can be taken from
14 the department's order.
15 (d) Refunds ordered by the Oregon Tax Court or the Supreme Court if the order constitutes a
16 final determination of the matter.
17 (e) Refunds of taxes collected against real or personal property not within the jurisdiction of the
18 tax levying body.
19 (f) Refunds due to reductions in value ordered by a county board of property tax appeals where
20 no appeal is taken.
21 (g) Refunds due to reductions in value made pursuant to ORS 309.115.
22 (h) Refunds due to a claim for a war veteran's exemption for a prior tax year that is filed pur-
23 suant to ORS 307.262.
24 (3)(a) The interest provided by subsection (2) of this section shall be paid at the rate of one
25 percent per month, or fraction of a month, computed from the time the tax was paid or from the time
26 the first installment thereof was due, whichever is the later. If a discount [were] is given at the time
27 the taxes [were] are paid, interest shall be computed only on the net amount of taxes to be refunded.
28 If any portion of a refund described in subsection (2) of this section results from an assess-
29 ment based on inaccurate information contained in a report filed by a taxpayer, interest shall
30 be computed on only the portion of the refund that is not attributable to the inaccurate in-
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 515
HB 2229
1 formation contained in the taxpayer report.
2 (b) As used in this subsection, "report" means a return, statement or any other infor-
3 mation provided by a taxpayer in writing to the department or county assessor.
4 SECTION 2. The amendments to ORS 311.812 by section 1 of this 2007 Act apply to re-
5 funds for tax years beginning on or after July 1, 2007, and to refunds from appeals filed on
6 or after July 1, 2007.
7 SECTION 3. This 2007 Act takes effect on the 91st day after the date on which the reg-
8 ular session of the Seventy-fourth Legislative Assembly adjourns sine die.
9
[2]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2230
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue)
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.
Permits Department of Revenue to consider untimely taxpayer applications for tax relief due to
destruction or damage to real property.
Applies to property tax years beginning July 1, 2007.
Takes effect on 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to property tax relief for hardship; creating new provisions; amending ORS 307.475; and
3 prescribing an effective date.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 307.475 is amended to read:
6 307.475. (1) Any taxpayer may apply to the Director of the Department of Revenue for a rec-
7 ommendation that the value of certain property be:
8 (a) Stricken from the assessment roll and that any taxes assessed against such property be
9 stricken from the tax roll on the grounds of hardship[.]; or
10 (b) Redetermined pursuant to ORS 308.146 (6) or 308.428.
11 (2) As used in this section, "hardship" means a situation where property is subject to taxation
12 but would have [been exempt] received relief had there been a timely filing of a valid claim for ex-
13 emption, for [or] cancellation of assessment or for a redetermination of value pursuant to ORS
14 308.146 (6) or 308.428, and where the failure to make timely application for the exemption, [or]
15 cancellation or change in assessment date was by reason of good and sufficient cause.
16 (3) An application to the director for a recommendation of tax relief on the grounds of hardship
17 must be made not later than December 15 of the year in which the failure to timely file a claim
18 [the exemption or cancellation of assessment] of hardship occurred.
19 (4) If the director, in the discretion of the director, finds that tax relief should be granted on the
20 grounds of hardship, the director shall send the written recommendation of the director to the
21 assessor of the county in which the property is located. If the assessor agrees with the recommen-
22 dation, the assessor shall note approval thereon. The person in charge of the roll shall:
23 [(a) Strike all or a portion of the assessment;]
24 (a) Enter an assessment consistent with a redetermination of the value of the property
25 as of July 1 of the assessment year;
26 (b) Strike all or a portion of taxes on the tax roll; or
27 (c) Issue a refund of taxes already paid. A refund of taxes paid shall be treated as any refund
28 granted under ORS 311.806.
29 SECTION 2. The amendments to ORS 307.475 by section 1 of this 2007 Act apply to ap-
30 plications for hardship relief from taxes due for property tax years beginning on or after July
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 516
HB 2230
1 1, 2007.
2 SECTION 3. This 2007 Act takes effect on the 91st day after the date on which the reg-
3 ular session of the Seventy-fourth Legislative Assembly adjourns sine die.
4
[2]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2231
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue and Office of Regulatory Streamlining of Department of
Consumer and Business Services)
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.
Extends deadline to file application for reassessment of real or personal property value due to
destruction or damage if application is filed within 60 days of destruction or damage.
1 A BILL FOR AN ACT
2 Relating to reassessment of damaged property for purposes of taxation; amending ORS 308.146,
3 308.425 and 308.428.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 308.146 is amended to read:
6 308.146. (1) The maximum assessed value of property shall equal 103 percent of the property's
7 assessed value from the prior year or 100 percent of the property's maximum assessed value from
8 the prior year, whichever is greater.
9 (2) Except as provided in subsections (3) and (4) of this section, the assessed value of property
10 to which this section applies shall equal the lesser of.
11 (a) The property's maximum assessed value; or
12 (b) The property's real market value.
13 (3) Notwithstanding subsections (1) and (2) of this section, the maximum assessed value and as-
14 sessed value of property shall be determined as provided in ORS 308.149 to 308.166 if:
15 (a) The property is new property or new improvements to property;
16 (b) The property is partitioned or subdivided;
17 (c) The property is rezoned and used consistently with the rezoning;
18 (d) The property is first taken into account as omitted property;
19 (e) The property becomes disqualified from exemption, partial exemption or special assessment;
20 or
21 (f) A lot line adjustment is made with respect to the property, except that the total assessed
22 value of all property affected by a lot line adjustment shall not exceed the total maximum assessed
23 value of the affected property under subsection (1) of this section.
24 (4) Notwithstanding subsections (1) and (2) of this section, if property is subject to partial ex-
25 emption or special assessment, the property's maximum assessed value and assessed value shall be
26 determined as provided under the provisions of law governing the partial exemption or special as-
27 sessment.
28 (5)(a) Notwithstanding subsection (1) of this section, when a portion of property is destroyed or
29 damaged due to fire or act of God, for the year in which the destruction or damage is reflected by
30 a reduction in real market value, the maximum assessed value of the property shall be reduced to
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 514
HB 2231
1 reflect the loss from fire or act of God.
2 (b) This subsection does not apply:
3 (A) To any property that is assessed under ORS 308.505 to 308.665.
4 (B) If the damaged or destroyed property is property that, when added to the assessment and
5 tax roll, constituted minor construction for which no adjustment to maximum assessed value was
6 made.
7 (c) As used in this subsection, "minor construction" has the meaning given that term in ORS
8 308.149.
9 (6)(a) If, during the period beginning on January 1 and ending on July 1 of an assessment year,
10 any real or personal property is destroyed or damaged, the owner or purchaser under a recorded
11 instrument of sale in the case of real property, or the person assessed, person in possession or owner
12 in the case of personal property, may apply to the county assessor to have the real market and as-
13 sessed value of the property determined as of July 1 of the current assessment year.
14 (b) The person described in paragraph (a) of this subsection shall file an application for assess-
15 ment under this section with the county assessor on or before [August 1 of the current year.] the
16 later of.
17 (A) August 1 of the current year; or
18 (B) The 60th day following the date on which the property was damaged or destroyed.
19 (c) If the conditions described in this subsection are applicable to the property, then
20 notwithstanding ORS 308.210, the property shall be assessed as of July 1, at 1:00 a.m. of the as-
21 sessment year, in the manner otherwise provided by law.
22 (7)(a) Paragraph (b) of this subsection applies if:
23 (A) A conservation easement or highway scenic preservation easement is in effect on the as-
24 sessment date;
25 (B) The tax year is the first tax year in which the conservation easement or highway scenic
26 preservation easement is taken into account in determining the property's assessed value; and
27 (C) A report has been issued by the county assessor under ORS 271.729 within 12 months pre-
28 ceding or following the date the easement was recorded.
29 (b) The assessed value of the property shall be as determined in the report issued under ORS
30 271.729, but may be further adjusted by changes in value as a result of any of the factors described
31 in ORS 309.115 (2), to the extent adjustments do not cause the assessed value of the property to
32 exceed the property's maximum assessed value.
33 SECTION 2. ORS 308.425 is amended to read:
34 308.425. (1) If, during any tax year, any real or personal property is destroyed or damaged by
35 fire or act of God, the owner or purchaser under a recorded instrument of sale in the case of real
36 property, or the person assessed, person in possession or owner in the case of personal property,
37 may apply to the tax collector for proration of the taxes imposed on the property for the tax year.
38 (2) Application for proration of taxes under subsection (1) of this section shall be made not later
39 than the end of the tax year or [30] 60 days after the date the property was destroyed or damaged,
40 whichever is later.
41 (3)(a) For property that is totally destroyed, the tax collector shall collect only one-twelfth of
42 the taxes imposed on the property for the tax year, for each month or fraction of a month that the
43 property was in existence during the tax year. The tax collector shall cancel the remainder of the
44 taxes imposed on the property for the tax year.
45 (b) For property that is damaged, the tax collector shall collect only one-twelfth of the taxes
[2]
HB 2231
1 imposed on the property for the tax year, for each month or fraction of a month that preceded the
2 month during which the property was damaged. For the month in which the property was damaged,
3 and for each month of the tax year thereafter in which the property remains damaged, the tax col-
4 lector shall collect that percentage of one-twelfth of the taxes imposed on the property that the real
5 market value or the assessed value of the property after the damage (whichever is less) bears to the
6 assessed value of the property before the damage. The assessor shall advise the tax collector of the
7 value percentage required under this paragraph. The tax collector shall cancel any taxes not to be
8 collected due to this paragraph.
9 (4) That portion of the property that is damaged property and that is subsequently repaired shall
10 be considered to be new property or new improvements to property under ORS 308.153 for the as-
11 sessment year in which the repairs or replacements are first taken into account.
12 SECTION 3. ORS 308.428 is amended to read:
13 308.428. (1) If, during the period beginning on January 1 and ending on July 1 of an assessment
14 year, any real or personal property is destroyed or damaged by fire or act of God, the owner or
15 purchaser under a recorded instrument of sale in the case of real property, or the person assessed,
16 person in possession or owner in the case of personal property, may apply to the county assessor
17 to have the real market and assessed value of the property determined as of July 1 of the current
18 assessment year.
19 (2) The person described in subsection (1) of this section shall file an application for assessment
20 under this section with the county assessor on or before [August 1 of the current year.] the later
21 of-
22 (a) August 1 of the current year; or
23 (b) The 60th day following the date on which the property was damaged or destroyed.
24 (3) If the conditions described in subsection (1) of this section are applicable to the property,
25 then notwithstanding ORS 308.210, the property shall be assessed as of July 1, at 1:00 a.m. of the
26 assessment year, in the manner otherwise provided by law.
27
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2232
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue and Office of Regulatory Streamlining of Department of
Consumer and Business Services)
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.
Permits county boards of property tax appeals to waive penalties for first-time delinquent real
property or combined tax returns.
Applies to tax years beginning on or after July 1, 2007.
Takes effect on 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to delinquent property tax returns; creating new provisions; amending ORS 308.295 and
3 308.296; and prescribing an effective date.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 308.295 is amended to read:
6 308.295. (1) Each person, firm, corporation or association required by ORS 308.290 to file a re-
7 turn, other than a return reporting only taxable personal property, who or which has not filed a
8 return within the time fixed in ORS 308.290 or as extended, is delinquent.
9 (2) A delinquent taxpayer, except a taxpayer described in subsection (3) of this section, is sub-
10 ject to a penalty of $1 for each $1,000 (or fraction thereof) of assessed value of the property as de-
ll termined under ORS 308.146, but the penalty may not be less than $10 or more than $250.
12 (3) A delinquent taxpayer required by ORS 308.290 to file a return reporting principal or sec-
13 ondary industrial property, as defined in ORS 306.126, is subject to a penalty of $10 for each $1,000
14 (or fraction thereof) of assessed value of the property as determined under ORS 308.146, but the
15 penalty may not be less than $10 or more than $5,000.
16 (4) If a delinquency penalty provided in this section is imposed, the tax statement for the year
17 in which the penalty is imposed shall reflect the amount of the penalty and shall constitute notice
18 to the taxpayer.
19 (5)(a) Unless the penalty is the subject of an appeal under ORS 311.223, the county board of
20 property tax appeals [may], upon application of the taxpayer, may waive the liability:
21 (A) For all or a portion of the penalty upon a proper showing of good and sufficient cause[.
22 However,]; or
23 (B) For all of the penalty if the year for which the return was filed was both the first
24 year that a return was required to be filed by the taxpayer and the first year for which the
25 taxpayer filed a return.
26 (b) Unless the taxpayer files a timely application in the same manner as an appeal under
27 ORS 309.100, the board may not consider an application made under this subsection. [shall not
28 be considered by the board unless filed timely and in the same manner as an appeal under ORS
29 309.100. There shall be no appeal]
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 511
HB 2232
1 (c) An appeal may not be taken from the determination of the board under this subsection.
2 (6) If the board waives all or a portion of a penalty already imposed and entered on the roll, the
3 person in charge of the roll shall cancel the waived penalty and enter the cancellation on the roll
4 as an error correction under ORS 311.205 and, if the waived penalty has been paid, it shall be re-
5 funded without interest under ORS 311.806.
6 SECTION 2. ORS 308.296 is amended to read:
7 308.296. (1) Each person, firm, corporation or association required by ORS 308.290 to file a re-
8 turn reporting only taxable personal property, who or which has not filed a return within the time
9 fixed in ORS 308.290 or as extended, shall be subject to a penalty as provided in this section.
10 (2) A taxpayer who files a return to which this section applies after March 1, or after April 15,
11 if the taxpayer received an extension, but on or before June 1, is subject to a penalty equal to five
12 percent of the tax attributable to the taxable personal property of the taxpayer.
13 (3) A taxpayer who files a return to which this section applies after June 1, but on or before
14 August 1, is subject to a penalty equal to 25 percent of the tax attributable to the taxable personal
15 property of the taxpayer.
16 (4) After August 1, a taxpayer who files a return to which this section applies or who fails to
17 file a return shall be subject to a penalty equal to 50 percent of the tax attributable to the taxable
18 personal property of the taxpayer.
19 (5) If a delinquency penalty provided in this section is imposed, the tax statement for the year
20 in which the penalty is imposed shall reflect the amount of the penalty and shall constitute notice
21 to the taxpayer.
22 (6)(a) Unless the penalty is the subject of an appeal under ORS 311.223, the county board of
23 property tax appeals, upon application of the taxpayer, may waive the liability:
24 (A) For all or a portion of the penalty upon a proper showing of good and sufficient cause; or
25 (B) For all of the penalty if the year for which the return was filed was both the first year that
26 a return was required to be filed by the taxpayer and the first year for which the taxpayer filed a
27 return.
28 (b) Unless the taxpayer files a timely application in the same manner as an appeal under
29 ORS 309.100, the board may not consider an application made under this subsection. [shall not
30 be considered by the board unless filed timely and in the same manner as an appeal under ORS
31 309.100. There shall be no appeal]
32 (c) An appeal may not be taken from the determination of the board under this subsection.
33 (7) If the board waives all or a portion of a penalty already imposed and entered on the roll, the
34 person in charge of the roll shall cancel the waived penalty and enter the cancellation on the roll
35 as an error correction under ORS 311.205 and, if the waived penalty has been paid, it shall be re-
36 funded without interest under ORS 311.806.
37 SECTION 3. The amendments to ORS 308.295 and 308.296 by sections 1 and 2 of this 2007
38 Act apply to property tax years beginning on or after July 1, 2007.
39 SECTION 4. This 2007 Act takes effect on the 91st day after the date on which the reg-
40 ular session of the Seventy-fourth Legislative Assembly adjourns sine die.
41
[2]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2236
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue)
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.
Permits counties to pay contested property tax refunds prior to conclusion of property tax ap-
peals.
Provides for collection of additional taxes or payment of additional refund upon final resolution
of property tax appeals.
Applies to appeals relating to property tax years beginning on or after July 1, 2007, and to ap-
peals pending as of effective date of Act.
Takes effect on 91st day following adjournment sine die.
1 A BILL FOR AN ACT
2 Relating to property tax refunds; creating new provisions; amending ORS 311.806; and prescribing
3 an effective date.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 311.806 is amended to read:
6 311.806. (1) Subject to subsection (2) of this section, the county governing body shall refund, out
7 of the refund reserve account provided in ORS 311.807, or the unsegregated tax collections account
8 provided in ORS 311.385, taxes on property collected by an assessor or tax collector pursuant to a
9 levy of the assessor or of any taxing district or tax levying body or pursuant to ORS 311.255, plus
10 interest [thereon] as provided in ORS 311.812, in the following cases:
11 (a) To the person described in ORS 309.100 (1) and in whose name a petition was filed, whenever
12 a change in the value of property is ordered by a county board of property tax appeals and no ap-
13 peal is taken or can be taken from the board's order, or whenever ordered by the Oregon Tax Court
14 or the Supreme Court and the order constitutes a final determination of the matter;
15 (b) To the person who has sought and obtained an order from the Department of Revenue under
16 ORS 306.115, whenever a change in the value of property is ordered by the department and no ap-
17 peal is taken or can be taken from the order of the department;
18 (c) To the person who meets the criteria described in ORS 305.275 and in whose name an appeal
19 is filed under ORS 305.275, whenever ordered by the Oregon Tax Court or Supreme Court and the
20 order constitutes a final determination of the matter;
21 (d) Whenever a change in the value of property is made under ORS 309.115 upon resolution of
22 an appeal and no separate appeal of the value of the property was taken for the year of the change:
23 (A) To the person in whose name the appeal was filed, for each year after the year for which
24 the appeal was filed in which that person was listed as the owner or an owner or the person in
25 whose name the property was assessed; and
26 (B) To the owner of record on the tax roll at the time of refund, each year thereafter;
27 (e) To the owner of record on the tax roll at the time of refund, whenever taxes are collected
28 against real or personal property not within the jurisdiction of the tax levying body;
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 716
HB 2236
1 (f) Except as provided in ORS 310.143, to the owner of record on the tax roll at the time of re-
2 fund, whenever, through excusable neglect[,] or through an error subject to correction under ORS
3 311.205, taxes on property are paid in excess of the amount legally chargeable, limited to [thereon,
4 and then only in] the amount of money collected in excess of the amount actually due; or
5 (g) Except as provided in ORS 311.808, to the payer of the tax whenever any person pays taxes
6 on the property of another by mistake of any kind.
7 (2)(a) Except as provided in paragraphs (b) and (c) of this subsection, a refund of taxes may not
8 be allowed or made after six years from the assessment date for the tax year for which the taxes
9 were collected. A refund under this subsection may be paid only to the extent that a refund
10 under subsection (4) of this section has not been paid.
11 (b) A refund of taxes may be allowed or made under subsection (1)(f) or (g) of this section after
12 the period described in paragraph (a) of this subsection if, before the expiration of the period, a
13 written claim for refund of the taxes is filed by the taxpayer with the county governing body.
14 (c) The county governing body shall order a refund of taxes to be paid as specified in subsection
15 (1) of this section without the filing of a written claim and without regard to the period specified
16 under paragraph (a) of this subsection upon receipt of a copy of an order by the Department of
17 Revenue, the Oregon Tax Court or the Supreme Court that constitutes a final determination that is
18 not subject to appeal.
19 (3)(a) Upon request of the owner or an owner of any taxable property or the person in whose
20 name the property is assessed, or the owner of record on the tax roll at the time of refund, which-
21 ever is applicable, and with the approval of the tax collector, the county governing body may au-
22 thorize refunds payable under subsection (1)(a) to (e) of this section to be made by crediting the total
23 tax liability account of the requester with the amount of the refund. The total tax liability account
24 is the total amount of tax that has been extended or charged against a particular property tax ac-
25 count as limited by section 11b, Article XI of the Oregon Constitution.
26 (b) In the case of a refund or credit payable to a single requester that results from an order
27 constituting a final determination of a matter as described under subsection (1)(a), (b) or (c) of this
28 section, a county governing body may elect to pay the refund or apply the credit in equal periodic
29 installments over not more than the five-year period that begins on the date that the order is issued
30 if the amount to be refunded or credited exceeds the lesser of $250,000 or one-quarter of one percent
31 of the total amount of taxes on property imposed within the county within the limits of section 11b,
32 Article XI of the Oregon Constitution, as listed on the certificate last prepared under ORS 311.105.
33 (c) If a county governing body elects to pay a refund or credit under the provisions of paragraph
34 (b) of this subsection, and the election will result in a hardship to a requester, the requester may
35 appeal the election to the tax court as provided in ORS 305.404 to 305.560.
36 (4)(a) The tax collector shall refund taxes paid on a property value, a claim for exemption
37 or a claim for cancellation of a property tax exemption if:
38 (A) A county board of property tax appeals or the Oregon Tax Court issues a decision
39 that could result in a refund if the decision is upheld on appeal;
40 (B) The final resolution is pending further appeal; and
41 (C) The county governing body orders a refund of taxes paid under this subsection.
42 (b) An order by a county governing body or a recommendation of an assessor or tax
43 collector in regard to this subsection may not be considered in determining matters in con-
44 troversy on appeal, including property value or tax liability.
45 (c) Interest may not be paid on any refund under this subsection prior to final resolution
[2]
HB 2236
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of the appeal. If, after taking into account the amount refunded under this subsection, the
final resolution of the controversy after appeal results in a refund due, interest shall be de-
termined and paid as provided in ORS 311.812.
(d) If, after taking into account the amount refunded under this subsection, the final
resolution of the controversy after appeal results in additional taxes due on the property, the
additional taxes shall be billed and collected as provided in ORS 311.513.
[(4)] (5) Immediately upon payment of the refund and any interest thereon, the tax collector shall
make the necessary correcting entries in the records of the office of the tax collector. ORS 294.305
to 294.565 do not apply to refunds made out of the refund reserve account or the unsegregated tax
collections account.
[(5)] (6) A refund is not required under this section for any tax year if the amount of the refund
would be $10 or less. Any amount not refunded under this subsection shall be distributed to taxing
districts in the same manner that other taxes are distributed.
[(6)] (7) As used in this section, "owner of record on the tax roll at the time of refund" means
the owner or an owner of the property or the person in whose name the property is assessed on the
tax roll last certified and delivered to the tax collector under ORS 311.105 and 311.115.
SECTION 2. The amendments to ORS 311.806 by section 1 of this 2007 Act apply to ap-
peals relating to property tax years beginning on or after July 1, 2007, and to property tax
appeals pending final resolution on the effective date of this 2007 Act.
SECTION 3. This 2007 Act takes effect on the 91st day after the date on which the reg-
ular session of the Seventy-fourth Legislative Assembly adjourns sine die.
[3]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2239
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of Governor
Theodore R. Kulongoski for Department of Revenue)
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.
Modifies procedures for reviewing assessment rolls, correcting clerical errors and omissions, and
adding omitted property to assessment rolls that are prepared by Department of Revenue for as-
sessment and apportionment of centrally assessed property.
Applies to assessment rolls initially prepared or corrected on or after effective date of Act.
1 A BILL FOR AN ACT
2 Relating to central assessment for property tax purposes; creating new provisions; and amending
3 ORS 305.280, 308.540, 308.580, 308.585, 308.590, 308.595, 308.600, 308.605, 308.610 and 308.810.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 308.580 is amended to read:
6 308.580. (1) The Department of Revenue shall give public notice by [three weekly publications in
7 some] publication at least once a week for three successive weeks in a newspaper printed at the
8 state capital, setting forth that [it will attend in its office at the capital of the state on the second
9 Monday in June and] on June 15 of the assessment year the department shall:
10 (a) Publicly examine and review the tentative assessment roll made by [it and review the same,
11 and] the department;
12 (b) Correct all errors in valuation, description, [quantities or qualities of property by it
13 assessable] quantity and quality of property assessable by the department under ORS 308.505
14 to 308.665; and
15 (c) [in apportionments of assessments made by it] Correct all errors in the apportionment to
16 counties of the assessments made by the department under ORS 308.505 to 308.665.
17 (2) [The] Interested persons and companies [interested shall] may appear at the time and place
18 [appointed] given in the notice. Proof of the notice may be made by affidavit as provided by law
19 [provided,] and filed with the Director of the Department of Revenue on or before the day on
20 which the department [shall convene] begins its examination and review.
21 SECTION 2. (1) In addition to the notice made by publication under ORS 308.580, the
22 Department of Revenue shall mail a notice to each person or company assessed under ORS
23 308.505 to 308.665 that states the amount the department intends to place on the assessment
24 roll as the assessment of the property of the person or company that is assessable under
25 ORS 308.505 to 308.665. The department shall mail the notice of tentative assessment no later
26 than May 25 of the assessment year.
27 (2) The notice shall be mailed to the last-known address of the person or company.
28 (3) A failure by the department to properly give the notice required by this section does
29 not invalidate any assessment made by the department.
30 (4) On and after the date that notice is mailed under this section and before the date of
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 715
HB 2239
1 completion of the review of the roll, the department shall make the tentative assessment roll
2 and the apportionment of the assessments to counties available for inspection by a person
3 or company receiving notice under this section.
4 SECTION 3. (1) A person or company receiving a notice of tentative assessment under
5 section 2 of this 2007 Act may make a request for a conference on the reduction in valuation
6 or modification of the apportionment of a tentative assessment set forth in the notice.
7 (2) The request shall be made to the Director of the Department of Revenue on or before
8 June 15 of the assessment year. If the Department of Revenue failed to properly mail the
9 notice described in section 2 of this 2007 Act to the person or company, a request for a
10 conference may be made on or before June 25 of the assessment year, but may not be made
11 thereafter.
12 (3) The director shall hold a conference under this section as soon as is practicable fol-
13 lowing the date a request is made and shall issue an order modifying the valuation or ap-
14 portionment of an assessment or affirming the tentative assessment on or before August 1
15 of the tax year.
16 (4) A conference with the director is an administrative remedy that must be exhausted
17 before an appeal of the valuation or apportionment of an assessment may be made to the
18 Oregon Tax Court. The valuation or apportionment of an assessment under ORS 308.505 to
19 308.665 may not be appealed to the tax court if the person or company does not file a timely
20 request for a conference under this section prior to seeking an appeal before the tax court.
21 (5) Subject to subsection (4) of this section, an appeal to the tax court may be made un-
22 der ORS 305.280.
23 (6) A petition may not be filed with a county board of property tax appeals for a reduction
24 in value of property assessed under ORS 308.505 to 308.665 or with respect to any other
25 matter arising under ORS 308.505 to 308.665.
26 SECTION 4. ORS 308.585 is amended to read:
27 308.585. [The administrator of the division charged with the responsibility of preparing the annual
28 assessment roll required by ORS 308.515, shall appear at the office of the Director of the Department
29 of Revenue at the capital of the state on the second Monday of June in each year and shall then deliver
30 to the director] The Department of Revenue shall prepare the tentative assessment roll [prescribed
31 in ORS 308.540 to 308.5751 of property subject to assessment under ORS 308.505 to 308.665 on
32 or before June 15 of the assessment year.
33 SECTION 5. ORS 308.590 is amended to read:
34 308.590. (1) The Director of the Department of Revenue shall:
35 (a) Review, examine and correct the tentative assessment roll [made pursuant to ORS 308.515]
36 prepared under ORS 308.585.
37 (b) Increase or reduce the valuation of property assessed on the roll so that the valuation is the
38 assessed value of the property.
39 [(c) Assess omitted taxable property that is assessable by the Department of Revenue in the manner
40 provided in subsection (4) of this section.]
41 [(d)] (c) Correct errors in apportionments of assessments on the roll.
42 [(e)] (d) Correct errors in the ratio of average maximum assessed value to average real market
43 value calculated under ORS 308.153.
44 (2) If it appears to the director that there is any real or personal property that, by law, the
45 department is permitted to assess that has been assessed by the department [multiple times] more
[2]
HB 2239
1 than one time, or incorrectly assessed as to description, quantity or quality, or assessed in the
2 name of a person or company not the owner, lessee or occupant of the property, or assessed under
3 or beyond the actual assessed value of the property, the director may make proper corrections to
4 the roll.
5 (3) If it appears to the director that there [has been any] is real or personal property that has
6 been assessed by the department but that is not assessable by the department, the director may
7 make proper corrections to the roll.
8 (4) If it appears to the director that any real or personal property that is assessable by the de-
g partment has not been assessed upon the [assessment] roll, [or on any assessment roll for a year not
10 exceeding five years prior to the last roll certified,] the director shall assess the property at its as-
11 sessed value.
12 (5) [The] Property [assessable] assessed by the department within any county shall be appor-
13 tioned by the department to the county [at its assessed value as finally adopted under ORS
14 309.203].
15 SECTION 6. ORS 308.595 is amended to read:
16 308.595. [(1)] The Director of the Department of Revenue, while reviewing and apportioning the
17 tentative assessment roll, [shall] may not increase the valuation of any property on the
18 [assessment] roll for add omitted property thereto] without giving to the company or person in whose
19 name [it] the property is assessed at least six days' written notice to appear and show cause, if any,
20 why the valuation of the assessable property of [such] the company or person, or some part thereof,
21 to be specified in the notice, [shall] should not be increased[, or why the property should not be
22 added to the roll; but]. A notice [shall not be] is not necessary if the person or company appears
23 voluntarily before the director and is [there] notified by the director that the property of the person
24 or company, or some specified part thereof is, in the opinion of the director, assessed below its as-
25 sessed value [or has been omitted from the roll].
26 [(2) Not later than 20 days prior to the day the director is required by law to review the roll, the
27 Department of Revenue shall mail to each company assessed by it notice of the amount it has placed
28 or intends to place on the roll as the assessment of the company's property. The notice shall be mailed
29 to the last-known address of the company. Failure of the department to mail such notice shall not in-
30 validate any assessment. From and after the date of such notice the department shall maintain in its
31 office at Salem for the inspection of the company the tentative assessment and apportionment of its as-
32 sessment to the several counties.]
33 [(3) A request for a conference on the notice of assessment may be taken to the Director of the
34 Department of Revenue for reduction or correction in the valuation or apportionment of a particular
35 assessment. A request for a conference on the value contained in the notice must be filed no later than
36 the second Monday in June, prior to the July 1 beginning of the tax year. If the department fails to
37 mail the notice at the time provided in subsection (2) of this section, the time for filing a request for a
38 conference shall be extended for 10 days after the second Monday in June. The director shall hold
39 conferences and issue orders on all conferences under this subsection. The director shall issue the or-
40 ders no later than the following August 1.1
41 [(4) The provisions of ORS chapter 305 shall apply to appeals to the Oregon Tax Court.]
42 SECTION 7. (1) Following the date that an assessment roll prepared under ORS 308.505
43 to 308.665 is certified under ORS 308.635, the Director of the Department of Revenue may
44 correct a clerical error, or an error or omission in the certified roll, as prescribed in this
45 section.
[3]
HB 2239
1 (2) For purposes of this section, a clerical error is an error on the roll that arises from
2 an error in the records of the Department of Revenue and that, had it been discovered by
3 the department prior to certification of the roll, would have been corrected as a matter of
4 course, and for which the information necessary to correct the error is contained in the re-
5 cords of the department. Clerical errors include, but are not limited to, arithmetic or copying
6 errors or the omission or misstatement of a property value on the roll.
7 (3) Except as provided in subsection (4) of this section, the director may correct any
8 other error or omission of any kind, including, but not limited to:
9 (a) The elimination of the assessment to one person or company of property owned or
10 used by another person or company on the assessment date;
11 (b) The correction of a value changed on appeal;
12 (c) The correction of an error in the assessed value of property resulting from an error
13 in the identification of a unit of property;
14 (d) An error in apportionment of assessments on the roll; and
15 (e) An error in the ratio of average maximum assessed value to average real market
16 value determined under ORS 308.153.
17 (4) The director may not correct an error in valuation judgment. For purposes of this
18 subsection, an error in valuation judgment is an error in the department's opinion of the
19 value of property.
20 (5) Corrections may be made under this section to the roll last certified, or to the certi-
21 fled roll for any prior year that does not exceed five years prior to the year for which the
22 last roll was certified under ORS 308.635.
23 (6) If the director makes a correction under this section that has the effect of increasing
24 the assessment to which the correction relates, except where the correction is made to
25 correct a value changed on appeal, the department shall treat the correction as an addition
26 of omitted property for purposes of giving the notice required under section 9 of this 2007
27 Act.
28 SECTION 8. (1) If the Director of the Department of Revenue determines that any real
29 or personal property that is assessable by the Department of Revenue under ORS 308.505 to
30 308.665 has not been assessed on the assessment roll for the year in which the roll was last
31 certified or on the roll for any prior year that does not exceed five years prior to the year
32 for which the last roll was certified under ORS 308.635, the department shall give the notice
33 prescribed in section 9 of this 2007 Act to the person or company in whose name the omitted
34 property is to be assessed.
35 (2) Property shall be presumed to be omitted property subject to assessment under ORS
36 308.505 to 308.665 whenever the department discovers or receives credible information that:
37 (a) The addition of any building, structure, improvement, machinery, equipment or other
38 asset was not reported in a statement filed under ORS 308.520;
39 (b) The cost, as of the assessment date, of any building, structure, improvement, ma-
40 chinery, equipment or other asset reported in a return required by the department exceeds
41 the cost stated in the statement filed under ORS 308.520; or
42 (c) Any item listed in ORS 308.525 or under rules adopted to implement ORS 308.525 was
43 underreported in the statement filed under ORS 308.520.
44 (3) Section 7 (4) of this 2007 Act does not apply to the addition of omitted property under
45 subsection (1) of this section.
[4]
HB 2239
1 SECTION 9. (1) The Department of Revenue shall give notice to the company or person
2 in whose name property is assessed of the department's intention to add omitted property
3 to the assessment roll under section 8 of this 2007 Act.
4 (2) The notice must:
5 (a) Be in writing;
6 (b) Be mailed to the last-known address of the person or company;
7 (c) Describe in general terms the property to be added to the roll; and
8 (d) State that the person or company shall be given an opportunity, not less than 20 days
9 after the mailing of the notice, to appear before the department and show cause as to why
10 the property should not be added to the roll and assessed to the person or company.
11 SECTION 10. (1) If the person or company that is notified under section 9 of this 2007
12 Act does not appear before the Department of Revenue or appears but fails to show cause
13 as to why the assessment should not be made, the Director of the Department of Revenue
14 shall proceed to correct each certified assessment roll from which the property was omitted,
15 but may not correct a roll for a year that exceeds five years prior to the year for which the
16 last roll was certified.
17 (2) The director shall give notice of the correction to the assessor of each county to
18 which an assessment of omitted property is to be apportioned. Under ORS 311.205 (1)(c), the
19 officer in charge of the assessment and tax roll shall make the appropriate correction to the
20 roll.
21 (3) A person or company aggrieved by an assessment of omitted property under sections
22 8 and 9 of this 2007 Act and this section may appeal to the Oregon Tax Court, as prescribed
23 in ORS 305.275.
24 SECTION 11. ORS 305.280 is amended to read:
25 305.280. (1) Except as otherwise provided in this section, an appeal under ORS 305.275 (1) or (2)
26 shall be filed within 90 days after the act, omission, order or determination becomes actually known
27 to the person, but in no event later than one year after the act or omission has occurred, or the
28 order or determination has been made. An appeal under ORS 308.505 to 308.665 shall be filed within
29 [the time prescribed under ORS 308.595] 90 days after the date the order is issued under section
30 3 (3) of this 2007 Act. An appeal from a supervisory order or other order or determination of the
31 Department of Revenue shall be filed within 90 days after the date a copy of the order or determi-
32 nation or notice of the order or determination has been served upon the appealing party by mail as
33 provided in ORS 306.805.
34 (2) An appeal under ORS 323.416 or 323.623 or from any notice of assessment or refund denial
35 issued by the Department of Revenue with respect to a tax imposed under ORS chapter 118, 308,
36 308A, 310, 314, 316, 317, 318, 321 or this chapter, or collected pursuant to ORS 305.620, shall be filed
37 within 90 days after the date of the notice. An appeal from a proposed adjustment under ORS
38 305.270 shall be filed within 90 days after the date the notice of adjustment is final.
39 (3) Notwithstanding subsection (2) of this section, an appeal from a notice of assessment of taxes
40 imposed under ORS chapter 314, 316, 317 or 318 may be filed within two years after the date the
41 amount of tax, as shown on the notice and including appropriate penalties and interest, is paid.
42 (4) Except as provided in subsection (2) of this section or as specifically provided in ORS chapter
43 321, an appeal to the tax court under ORS chapter 321 or from an order of a county board of
44 property tax appeals shall be filed within 30 days after the date of the notice of the determination
45 made by the department or date of mailing of the order, date of publication of notice of the order
[5]
HB 2239
1 or date of mailing of the notice of the order to the taxpayer, whichever is applicable.
2 (5) If the tax court denies an appeal made pursuant to this section on the grounds that it does
3 not meet the requirements of this section or ORS 305.275 or 305.560, the tax court shall issue a
4 written decision rejecting the petition and shall set forth in the decision the reasons the tax court
5 considered the appeal to be defective.
6 SECTION 12. ORS 308.540 is amended to read:
7 308.540. For each year, the Department of Revenue shall prepare [each year] an assessment roll,
8 in which shall be assessed, as of January 1 at 1:00 a.m. of [such] the year, the assessed value of
9 [all the properties of the several] the property of persons and companies subject to taxation under
10 ORS 308.505 to 308.665. The assessment roll shall not be final until reviewed as provided in ORS
11 [308.580 to 308.6101 308.590 and certified as provided in ORS 308.635.
12 SECTION 13. ORS 308.600 is amended to read:
13 308.600. The Director of the Department of Revenue[, sitting for the purpose of reviewing and
14 apportioning the assessment roll, shall continue sessions from day to day, exclusive of Sundays and
15 legal holidays, until the examination, review, correction, equalization and apportionment of the roll is
16 completed. The director] shall complete the examination, review, correction, [equalization] and ap-
17 portionment of the assessment roll under ORS 308.590 by August 1 of the tax year.
18 SECTION 14. ORS 308.605 is amended to read:
19 308.605. (1) Corrections, additions to or changes in the assessment roll prepared under ORS
20 308.505 to 308.665 shall be entered in a separate part of the roll headed substantially, "as
21 reviewed," and the entries in [such] the separate part shall be the record of the action of the De-
22 partment of Revenue. The department may prescribe some other method to record the cor-
23 rections, additions to or changes in the roll.
24 (2) The meetings, sittings and adjournment of the department, sitting for the purpose of review,
25 shall be recorded in [its] the department's journal or may be recorded as otherwise prescribed
26 by the department.
27 SECTION 15. ORS 308.610 is amended to read:
28 308.610. Upon completion of the review of the roll as provided in ORS [308.580 to 308.610]
29 308.590, the Director of the Department of Revenue shall take and subscribe to an oath similar to
30 the oath required for assessors under ORS 308.320. The oath shall be filed with the Secretary of
31 State.
32 SECTION 16. ORS 308.810 is amended to read:
33 308.810. (1) Every association referred to in ORS 308.805 shall make and file with the Depart-
34 ment of Revenue, on or before February 1 of each year, in such form and on such blanks as the
35 department may prescribe and provide, the statement required under ORS 308.520 and 308.525, and
36 shall include therein the amount of all its gross revenue subject to the tax levied by ORS 308.805
37 for the calendar year preceding the making of such statement. The association shall compute and
38 forward on or before July 1 of each year the lesser of the tax calculated under ORS 308.807 (1) on
39 such gross revenue or the tax calculated under ORS 308.807 (2) on the real market value of the
40 transmission and distribution lines used or operated by the association.
41 (2) The department shall notify the association of the real market value of the transmission and
42 distribution lines used or operated by the association on or before the date fixed for notices of as-
43 sessment to be issued under section 2 of this 2007 Act or ORS 308.595 [(2)].
44 SECTION 17. Sections 2, 3 and 7 to 10 of this 2007 Act and the amendments to ORS
45 305.280, 308.540, 308.580, 308.585, 308.590, 308.595, 308.600, 308.605, 308.610 and 308.810 by
[6]
HB 2239
1 sections 1, 4 to 6 and 11 to 16 of this 2007 Act apply to assessment rolls initially prepared or
2 corrected on or after the effective date of this 2007 Act.
3 SECTION 18. Sections 2, 3 and 7 to 10 of this 2007 Act are added to and made a part of
4 ORS 308.505 to 308.665.
[7]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2296
Sponsored by Representative BURLEY (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.
Establishes renewable energy research center at Cascades Campus of Oregon State University.
Declares objectives of center. Appropriates moneys from General Fund to Oregon State University
to establish and maintain center.
Declares emergency, effective July 1, 2007.
1 A BILL FOR AN ACT
2 Relating to a renewable energy research center; appropriating money; and declaring an emergency.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. (1) Oregon State University shall establish and maintain a renewable energy
5 research center at the Cascades Campus of Oregon State University in Bend.
6 (2) The renewable energy research center shall:
7 (a) Analyze the major renewable energy issues facing Oregon and educate the public and
8 the private sectors about the need to address these issues;
9 (b) Evaluate the challenges of finding sustainable solutions to renewable energy issues;
10 (c) Assess the challenges to involvement of various stakeholders in addressing renewable
11 energy issues, and develop strategies and communication tools to overcome the obstacles;
12 (d) Consider legal and policy issues related to the field of renewable energy, and develop
13 innovative methods to effectively address these issues; and
14 (e) Perform other related activities to support the understanding of, and potential for,
15 the use of renewable energy in Oregon.
16 (3) Oregon State University may seek funds from public and private sources to maintain
17 the renewable energy research center.
18 SECTION 2. There is appropriated to Oregon State University, for the biennium begin-
19 ning July 1, 2007, out of the General Fund, the amount of $ for the purpose of car-
20 rying out the provisions of section 1 of this 2007 Act.
21 SECTION 3. This 2007 Act being necessary for the immediate preservation of the public
22 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
23 July 1, 2007.
24
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1647
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2302
Ordered printed by the Speaker pursuant to House Rule 12.OOA (5). Presession filed (at the request of House In-
terim Committee on Judiciary)
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.
Expands duties of Oregon Criminal Justice Commission.
I A BILL FOR AN ACT
2 Relating to Oregon Criminal Justice Commission; amending ORS 137.656.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 137.656 is amended to read:
5 137.656. (1) The purpose of the Oregon Criminal Justice Commission is to improve the effec-
6 tiveness and efficiency of state and local criminal justice systems by providing a centralized and
7 impartial forum for statewide policy development and planning.
8 (2) The primary duty of the commission is to develop and maintain a state criminal justice policy
9 and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses
10 public safety, offender accountability, crime reduction and prevention and offender treatment and
11 rehabilitation. The plan must include, but need not be limited to, recommendations regarding:
12 (a) Capacity, utilization and type of state and local prison and jail facilities;
13 (b) Implementation of community corrections programs;
14 (c) Alternatives to the use of prison and jail facilities;
15 (d) Appropriate use of existing facilities and programs;
16 (e) Whether additional or different facilities and programs are necessary;
17 (f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices
18 and sanctions in reducing future criminal conduct by juvenile and adult offenders; and
19 (g) Methods of reducing the risk of future criminal conduct.
20 (3) Other duties of the commission are:
21 (a) To conduct joint studies by agreement with other state agencies, boards or commissions on
22 any matter within the jurisdiction of the commission.
23 (b) To provide Oregon criminal justice analytical and statistical information to federal agencies
24 and serve as a clearinghouse and information center for the collection, preparation, analysis and
25 dissemination of information on state and local sentencing practices.
26 (c) To provide technical assistance and support to local public safety coordinating councils.
27 (d) To receive grant applications to start or expand drug court programs as defined in ORS
28 3.450, to make rules to govern the grant process and to award grant funds according to the rules.
29 (e) When a state corrections population forecast issued under ORS 184.351 indicates that
30 the inmate population will exceed available prison capacity within two years of the date of
31 the forecast, to identify specific options for reducing the number of prison admissions or for
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed) is existing law to be omitted.
New sections are in boldfaced type.
LC 90
HB 2302
1 adjusting sentence lengths for specific groups of offenders and to analyze the effect of each
2 option. The commission shall include in the analysis of each option an assessment of the
3 option's effect on the overall prison population and on public safety and costs. In preparing
4 the analysis, the commission shall review research regarding the effectiveness of each option
5 and the experience of other states. No later than three months after receiving a forecast
6 under ORS 184.351 that initiates the process described in this paragraph, the commission
7 shall submit a report containing the analyses required by this paragraph to the Governor and
8 the legislative committees with jurisdiction over criminal sentencing issues and Department
9 of Corrections policies.
10 (f) At the request of the Governor or a legislative committee with jurisdiction over
11 criminal sentencing issues and Department of Corrections policies, to initiate and complete
12 an analysis of sentencing policy adjustments not otherwise evaluated by the commission.
13 (4) The commission shall establish by rule the information that must be submitted under ORS
14 137.010 (9) and the methods for submitting the information. A rule adopted under this subsection
15 must be approved by the Chief Justice of the Supreme Court before it takes effect.
16
[2]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
House Bill 2404
Sponsored by Representative SCHAUFLER (at the request of Oregon State Fire Fighters Council) (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.
Modifies definition of "employment relations" to include certain staffing levels and safety issues
for certain employees who are prohibited from striking.
1 A BILL FOR AN ACT
2 Relating to employment relations in public collective bargaining; creating new provisions; and
3 amending ORS 243.650.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 243.650 is amended to read:
6 243.650. As used in ORS 243.650 to 243.782, unless the context requires otherwise:
7 (1) "Appropriate bargaining unit" means the unit designated by the Employment Relations Board
8 or voluntarily recognized by the public employer to be appropriate for collective bargaining. How-
9 ever, an appropriate bargaining unit cannot include both academically licensed and unlicensed or
10 nonacademically licensed school employees. Academically licensed units may include but are not
11 limited to teachers, nurses, counselors, therapists, psychologists, child development specialists and
12 similar positions. This limitation [shall] does not apply to any bargaining unit certified or recognized
13 prior to June 6, 1995, or to any school district with fewer than 50 employees.
14 (2) "Board" means the Employment Relations Board.
15 (3) "Certification" means official recognition by the board that a labor organization is the ex-
16 clusive representative for all of the employees in the appropriate bargaining unit.
17 (4) "Collective bargaining" means the performance of the mutual obligation of a public employer
18 and the representative of its employees to meet at reasonable times and confer in good faith with
19 respect to employment relations for the purpose of negotiations concerning mandatory subjects of
20 bargaining, to meet and confer in good faith in accordance with law with respect to any dispute
21 concerning the interpretation or application of a collective bargaining agreement, and to execute
22 written contracts incorporating agreements that have been reached on behalf of the public employer
23 and the employees in the bargaining unit covered by such negotiations. The obligation to meet and
24 negotiate does not compel either party to agree to a proposal or require the making of a concession.
25 [Nothing in] This subsection [shall] may not be construed to prohibit a public employer and a cer-
26 tified or recognized representative of its employees from discussing or executing written agreements
27 regarding matters other than mandatory subjects of bargaining that are not prohibited by law[, so]
28 as long as there is mutual agreement of the parties to discuss these matters, which are permissive
29 subjects of bargaining.
30 (5) "Compulsory arbitration" means the procedure whereby parties involved in a labor dispute
31 are required by law to submit their differences to a third party for a final and binding decision.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1859
HB 2404
1 (6) "Confidential employee" means one who assists and acts in a confidential capacity to a per-
2 son who formulates, determines and effectuates management policies in the area of collective bar-
3 gaining.
4 (7)(a) "Employment relations" includes, but is not limited to, matters concerning direct or indi-
5 rect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of
6 employment.
7 (b) "Employment relations" does not include subjects determined to be permissive, nonmanda-
8 tort' subjects of bargaining by the Employment Relations Board prior to June 6, 1995.
9 (c) After June 6, 1995, "employment relations" [shall] does not include subjects [which] that the
10 Employment Relations Board determines to have a greater impact on management's prerogative than
11 on employee wages, hours, or other terms and conditions of employment.
12 (d) "Employment relations" [shall] does not include subjects that have an insubstantial or de
13 minimis effect on public employee wages, hours, and other terms and conditions of employment.
14 (e) For school district bargaining, "employment relations" [shall expressly exclude] does not
15 include class size, the school or educational calendar, standards of performance or criteria for
16 evaluation of teachers, the school curriculum, reasonable dress, grooming and at-work personal
17 conduct requirements respecting smoking, gum chewing and similar matters of personal conduct, the
18 standards and procedures for student discipline, the time between student classes, the selection,
19 agendas and decisions of 21st Century Schools Councils established under ORS 329.704, and any
20 other subject proposed that is permissive under paragraphs (b), (c) and (d) of this subsection.
21 (f) For employee bargaining involving employees covered by ORS 243.736, "employment
22 relations" includes staffing levels and safety issues that have a potential impact on the on-
23 the job safety and the workload of the employees.
24 [(fj] (g) For all other employee bargaining except school [districts] district bargaining and ex-
25 cept as provided in paragraph (f) of this subsection, "employment relations" [expressly
26 excludes] does not include staffing levels and safety issues (except those staffing levels and safety
27 issues [which] that have a direct and substantial effect on the on-the-job safety of public employees),
28 scheduling of services provided to the public, determination of the minimum qualifications necessary
29 for any position, criteria for evaluation or performance appraisal, assignment of duties, workload
30 when the effect on duties is insubstantial, reasonable dress, grooming, and at-work personal conduct
31 requirements respecting smoking, gum chewing, and similar matters of personal conduct at work,
32 and any other subject proposed that is permissive under paragraphs (b), (c) and (d) of this sub-
33 section.
34 (8) "Exclusive representative" means the labor organization that, as a result of certification by
35 the board or recognition by the employer, has the right to be the collective bargaining agent of all
36 employees in an appropriate bargaining unit.
37 (9) "Fact-finding" means identification of the major issues in a particular labor dispute by one
38 or more impartial individuals who review the positions of the parties, resolve factual differences and
39 make recommendations for settlement of the dispute.
40 (10) "Fair-share agreement" means an agreement between the public employer and the recog-
41 nized or certified bargaining representative of public employees whereby employees who are not
42 members of the employee organization are required to make an in-lieu-of-dues payment to an em-
43 ployee organization except as provided in ORS 243.666. Upon the filing with the board of a petition
44 by 30 percent or more of the employees in an appropriate bargaining unit covered by such union
45 security agreement declaring they desire that [such] the agreement be rescinded, the board shall
[2]
HB 2404
1 take a secret ballot of the employees in [such] the unit and certify the results thereof to the re-
2 cognized or certified bargaining representative and to the public employer. Unless a majority of the
3 votes cast in an election favor [such] the union security agreement, the board shall certify deau-
4 thorization [thereof] of the agreement. A petition for deauthorization of a union security agreement
5 must be filed not more than 90 calendar days after the collective bargaining agreement is executed.
6 Only one such election shall be conducted in any appropriate bargaining unit during the term of a
7 collective bargaining agreement between a public employer and the recognized or certified bar-
b gaining representative.
9 (11) "Final offer" means the proposed contract language and cost summary submitted to the
10 mediator within seven days of the declaration of impasse.
11 (12) "Labor dispute" means any controversy concerning employment relations or concerning the
12 association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to
13 arrange terms or conditions of employment relations, regardless of whether the disputants stand in
14 the proximate relation of employer and employee.
15 (13) "Labor organization" means any organization that has as one of its purposes representing
16 employees in their employment relations with public employers.
17 (14) "Last best offer package" means the offer exchanged by parties not less than 14 days prior
18 to the date scheduled for an interest arbitration hearing.
19 (15) "Legislative body" means the Legislative Assembly, the city council, the county commission
20 and any other board or commission empowered to levy taxes.
21 (16) "Managerial employee" means an employee of the State of Oregon who possesses authority
22 to formulate and carry out management decisions or who represents management's interest by tak-
23 ing or effectively recommending discretionary actions that control or implement employer policy,
24 and who has discretion in the performance of these management responsibilities beyond the routine
25 discharge of duties. A "managerial employee" need not act in a supervisory capacity in relation to
26 other employees. Notwithstanding this subsection, "managerial employee" [shall] may not be con-
27 strued to include faculty members at a community college, college or university.
28 (17) "Mediation" means assistance by an impartial third party in reconciling a labor dispute
29 between the public employer and the exclusive representative regarding employment relations.
30 (18) "Payment-in-lieu-of-dues" means an assessment to defray the cost for services by the exclu-
31 sive representative in negotiations and contract administration of all persons in an appropriate
32 bargaining unit who are not members of the organization serving as exclusive representative of the
33 employees. The payment shall be equivalent to regular union dues and assessments, if any, or shall
34 be an amount agreed upon by the public employer and the exclusive representative of the employees.
35 (19) "Public employee" means an employee of a public employer but does not include elected
36 officials, persons appointed to serve on boards or commissions, incarcerated persons working under
37 section 41, Article I of the Oregon Constitution, or persons who are confidential employees, super-
38 visory employees or managerial employees.
39 (20) "Public employer" means the State of Oregon, and the following political subdivisions:
40 Cities, counties, community colleges, school districts, special districts, mass transit districts, metro-
41 politan service districts, public service corporations or municipal corporations and public and
42 quasi-public corporations.
43 (21) "Public employer representative" includes any individual or individuals specifically desig-
44 nated by the public employer to act in its interests in all matters dealing with employee represen-
45 tation, collective bargaining and related issues.
[3]
HB 2404
1 (22) "Strike" means a public employee's refusal in concerted action with others to report for
2 duty, or his or her willful absence from his or her position, or his or her stoppage of work, or his
3 or her absence in whole or in part from the full, faithful or proper performance of his or her duties
4 of employment, for the purpose of inducing, influencing or coercing a change in the conditions,
5 compensation, rights, privileges or obligations of public employment; however, nothing shall limit
6 or impair the right of any public employee to lawfully express or communicate a complaint or
7 opinion on any matter related to the conditions of employment.
8 (23) "Supervisory employee" means any individual having authority in the interest of the em-
9 ployer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline
10 other employees, or responsibly to direct them, or to adjust their grievances, or effectively to re-
11 commend such action, if in connection therewith, the exercise of [such] the authority is not of a
12 merely routine or clerical nature but requires the use of independent judgment. Failure to assert
13 supervisory status in any Employment Relations Board proceeding or in negotiations for any col-
14 lective bargaining agreement [shall] does not thereafter prevent assertion of supervisory status in
15 any subsequent board proceeding or contract negotiation. Notwithstanding the provisions of this
16 subsection, no nurse, charge nurse or similar nursing position shall be deemed to be supervisory
17 unless [such] the position has traditionally been classified as supervisory.
18 (24) "Unfair labor practice" means the commission of an act designated an unfair labor practice
19 in ORS 243.672.
20 (25) "Voluntary arbitration" means the procedure whereby parties involved in a labor dispute
21 mutually agree to submit their differences to a third party for a final and binding decision.
22 SECTION 2. The amendments to ORS 243.650 by section 1 of this 2007 Act apply only to
23 collective bargaining agreements entered into on or after the effective date of this 2007 Act.
24
[4]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 33
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Senate Interim Committee on Public Health for Healthy Smiles Coalition)
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.
Clarifies responsibility of Department of Human Services relating to drinking water. Requires
that water suppliers serving more than 10,000 persons add fluoride to water. Delays implementation
until water suppliers have sufficient capital to purchase fluoridation equipment. Preempts local
government regulations that prohibit or restrict use of fluoride.
1 A BILL FOR AN ACT
2 Relating to safe drinking water; creating new provisions; and amending ORS 448.131 and 448.175.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 448.131 is amended to read:
5 448.131. (1) The Department of Human Services shall adopt water quality standards that are
6 necessary [to protect the public health through insuring safe drinking water within a water system]
7 to implement the department's responsibilities relating to drinking water and to ensure
8 public health.
9 (2) In order to [insure] ensure safe drinking water, the department shall prescribe:
10 (a) Construction standards governing the performance of a water system insofar as they relate
11 to the safety of drinking water.
12 (b) Standards for the operation of water systems in so far as they relate to the delivery of safe
13 drinking water.
14 (c) Other standards and requirements considered necessary by the department to [insure safe
15 drinking water] ensure that drinking water is safe, healthy and beneficial for human con-
16 sumption.
17 (3) The department shall require that construction and installation plans be submitted and ap-
18 proved before construction begins on new systems or substantial improvements are made to old
19 systems. The department may adopt rules exempting certain water systems from the plan review
20 process.
21 (4) The department may impose and collect a fee from a water supplier for reviewing con-
22 struction and installation plans.
23 (5) Nothing in this section authorizes the department to require alterations of existing facilities
24 unless alterations are necessary to [insure] ensure safe drinking water.
25 SECTION 2. ORS 448.175 is amended to read:
26 448.175. Subject to ORS chapter 183, the Department of Human Services:
27 (1) Shall require that the water suppliers give public notice of violations in the water system.
28 (2) May refuse to allow expansion of or additional connections to a water system until the water
29 system meets water quality standards and requirements.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1059
SB 33
1 (3) May enter an order requiring a water supplier to acquire or construct a water system that
2 provides water meeting department standards. When the order requires a city to acquire a water
3 system, the system must have the majority of its facilities within the city's adopted urban growth
4 boundary. When the order is entered upon a city, the procedure described in ORS 454.235 to 454.255
5 shall be followed.
6 (4) May enter an order requiring a water supplier that fails to comply with the schedule pre-
7 scribed under ORS 448.140 to cease operation of the water system.
8 (5) Shall require that water suppliers serving more than 10,000 persons add fluoride, in
9 the amount and manner prescribed by the department, to drinking water.
10 (6) Notwithstanding the requirement of subsection (5) of this section, may temporarily
11 exempt a water supplier serving more than 10,000 persons from adding fluoride to drinking
12 water, until the department determines that the water supplier has funds, sufficient to pur-
13 chase the fluoridation equipment, from a source other than fees or charges by the water
14 supplier to the supplier's ratepayers, shareholders, local taxpayers or bondholders.
15 SECTION 3. A city, county or other local government may not enact or enforce any or-
16 dinance, resolution or other provision that prohibits or restricts the use of fluoride in
17 drinking water except as permitted in rules adopted by the Department of Human Services.
18
[21
Current Measure Status Report
For Deschutes County
Courtesy of Public Affairs Counsel
Friday, January 19th
Bill
No.
Title Note / Priori / Position
Status Date
SB 310
Authorizes private sale of county land that is not suited
Referred to Judiciary
18-Jan
for construction or placement of dwelling under
applicable zoning ordinances and building codes,
whether ordinances and codes are adopted by county
S
or other governmental entity.
Note: Deschutes Priori : N Position: n a
SB 319
Changes name of drug court program to treatment
Referred to Judiciary
17-Jan
court program.
S
Note: Deschutes Priori : N Position: n a
SB 74
Establishes framework for local governments to
Referred to Emergency Preparedness and Ocean
17-Jan
request and receive mutual assistance from other local
Policy
governments during declared emergencies and in
preparation for emergency response.
S
Note: Deschutes Priori : N Position: n a
SB 400
Modifies definition of "employment relations" to include
Referred to Commerce
17-Jan
certain staffing levels and safety issues for certain
employees who are prohibited from striking.
S
Note: Deschutes Priori : N Position: n a
SB 401
Modifies definition of "supervisory employee" for
Referred to Commerce
17-Jan
purposes of public employee collective bargaining law.
S
Note: Deschutes Priori : N Position: n a
SB 402
Modifies criteria used by arbitrators in public collective
Referred to Commerce
17-Jan
bargaining.
S
Note: Deschutes Priori : N Position: n a
SB 422
Directs county clerk to employ personnel on Saturday
Referred to Rules
17-Jan
and Sunday immediately preceding primary or general
election to provide candidates, political committees,
political parties or other persons with information
listing electors who have cast ballot at primary or
S
general election.
Note: Deschutes Priori : N Position: [n/al
SB 5505
Appropriates moneys from General Fund to
Assigned to Subcommittee on Subcommitt
O
18
J
ee
n
-
an
Department of Corrections for certain biennial
Public Safety
expenses.
5
Note: Deschutes Priori : N Position: n a
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 310
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Senate Interim Committee on Judiciary for Oregon State Bar Real Estate and Land Use Section)
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.
Authorizes private sale of county land that is not suited for construction or placement of
dwelling under applicable zoning ordinances and building codes, whether ordinances and codes are
adopted by county or other governmental entity.
1 A BILL FOR AN ACT
2 Relating to sale of county land; amending ORS 275.225.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 275.225 is amended to read:
5 275.225. (1) Notwithstanding ORS 275.110 to 275.220, the governing body of a county may au-
6 thorize the sale of county land by private sale as provided in this section if each parcel of county
7 land to be sold is:
8 (a) Assessed at less than $5,000 on the most recent assessment roll prepared for the county; and
9 (b) Unsuited for the construction or placement of a dwelling under [current] applicable zoning
10 ordinances and building codes [of the county].
11 (2) The governing body of the county may publish a notice of the private sale of county land
12 described in subsection (1) of this section in a newspaper of general circulation in the county. The
13 notice must contain a description of the land and must indicate the assessed value of the land.
14 (3) Not earlier than 15 days after publication of the notice, an officer or employee of the county
15 authorized by the governing body of the county to sell the land may sell all or a part of the land,
16 at private sale without further notice, at a price the governing body of the county considers rea-
17 sonable.
18 (4) A sale under this section must be made in the manner provided by ORS 275.190 (1).
19
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 697
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 319
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Senate Interim Committee on Judiciary)
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 name of drug court program to treatment court program. Expands program to include
participants with mental health issues or other issues appropriate for treatment and accountability.
1 A BILL FOR AN ACT
2 Relating to treatment court programs; amending ORS 3.450, 137.656, 475A.120 and 475A.126.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 3.450 is amended to read:
5 3.450. (1) As used in this section, "[drug] treatment court program" means a program in which:
6 (a) Individuals who are before the court obtain treatment for substance abuse or mental health
7 issues, or other issues for which the court deems treatment and accountability appropriate,
8 and report regularly to the court on the progress of their treatment; and
9 (b) A local [drug] treatment court team, consisting of the court, agency personnel and treat-
10 ment and service providers, monitors the individuals' participation in treatment and holds them
11 accountable for their actions.
12 (2)(a) The governing body of a county or a treatment provider may establish fees that individuals
13 participating in a [drug] treatment court program may be required to pay for treatment and other
14 services provided as part of the [drug] treatment court program.
15 (b) A court may order an individual participating in a [drug] treatment court program to pay
16 fees to participate in the program. Fees imposed under this subsection may not be paid to the court.
17 (3) Records that are maintained by the circuit court specifically for the purpose of a [drug]
18 treatment court program must be maintained separately from other court records. Records main-
19 tained by a circuit court specifically for the purpose of a [drug] treatment court program are con-
20 fidential and may not be disclosed except in accordance with regulations adopted under 42 U.S.C.
21 290dd-2, including under the circumstances described in subsections (4) to (6) of this section.
22 (4) If the individual who is the subject of the record gives written consent, a record described
23 in subsection (3) of this section may be disclosed to members of the local [drug] treatment court
24 team in order to develop treatment plans, monitor progress in treatment and determine outcomes
25 of participation in the [drug] treatment court program.
26 (5) A record described in subsection (3) of this section may not be introduced into evidence in
27 any legal proceeding other than the [drug] treatment court program unless:
28 (a) The individual who is the subject of the record gives written consent for introduction of the
29 record; or
30 (b) The court finds good cause for introduction. In determining whether good cause exists for
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 399-1
SB 319
1 purposes of this paragraph, the court shall weigh the public interest and the need for disclosure
2 against the potential injury caused by the disclosure to:
3 (A) The individual who is the subject of the record;
4 (B) The individual-physician relationship; and
5 (C) The treatment services being provided to the individual who is the subject of the record.
6 (6) A court, the State Court Administrator or the Oregon Criminal Justice Commission may use
7 records described in subsection (3) of this section and other [drug] treatment court program infor-
8 mation to track and develop statistics about the effectiveness, costs and other areas of public in-
9 terest concerning [drug] treatment court programs. A court, the State Court Administrator or the
10 Oregon Criminal Justice Commission may release statistics developed under this subsection and
11 analyses based on the statistics to the public. Statistics and analyses released under this subsection
12 may not contain any information that identifies an individual participant in a [drug] treatment
13 court program.
14 SECTION 2. ORS 137.656 is amended to read:
15 137.656. (1) The purpose of the Oregon Criminal Justice Commission is to improve the effec-
16 tiveness and efficiency of state and local criminal justice systems by providing a centralized and
17 impartial forum for statewide policy development and planning.
18 (2) The primary duty of the commission is to develop and maintain a state criminal justice policy
19 and comprehensive, long-range plan for a coordinated state criminal justice system that encompasses
20 public safety, offender accountability, crime reduction and prevention and offender treatment and
21 rehabilitation. The plan must include, but need not be limited to, recommendations regarding:
22 (a) Capacity, utilization and type of state and local prison and jail facilities;
23 (b) Implementation of community corrections programs;
24 (c) Alternatives to the use of prison and jail facilities;
25 (d) Appropriate use of existing facilities and programs;
26 (e) Whether additional or different facilities and programs are necessary;
27 (f) Methods of assessing the effectiveness of juvenile and adult correctional programs, devices
28 and sanctions in reducing future criminal conduct by juvenile and adult offenders; and
29 (g) Methods of reducing the risk of future criminal conduct.
30 (3) Other duties of the commission are:
31 (a) To conduct joint studies by agreement with other state agencies, boards or commissions on
32 any matter within the jurisdiction of the commission.
33 (b) To provide Oregon criminal justice analytical and statistical information to federal agencies
34 and serve as a clearinghouse and information center for the collection, preparation, analysis and
35 dissemination on state and local sentencing practices.
36 (c) To provide technical assistance and support to local public safety coordinating councils.
37 (d) To receive grant applications to start or expand [drug] treatment court programs as defined
38 in ORS 3.450, to make rules to govern the grant process and to award grant funds according to the
39 rules.
40 (4) The commission shall establish by rule the information that must be submitted under ORS
41 137.010 (9) and the methods for submitting the information. A rule adopted under this subsection
42 must be approved by the Chief Justice of the Supreme Court before it takes effect.
43 SECTION 3. ORS 475A.120 is amended to read:
44 475A.120. (1) The provisions of this section apply to a forfeiting agency other than the state.
45 (2) Except as otherwise provided by intergovernmental agreement and this section, a forfeiting
[2]
SB 319
1 agency may:
2 (a) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement
3 agency or district attorney.
4 (b) Sell forfeited property by public or other commercially reasonable sale and pay from the
5 proceeds the expenses of keeping and selling the property.
6 (c) Retain forfeited property.
7 (d) With written authorization from the district attorney for the county in which the property
8 was seized, destroy any forfeited firearms or controlled substances.
9 (3) If the forfeiting agency is a political subdivision other than a county, the political subdivision
10 shall enter into an agreement with the county pursuant to ORS chapter 190 to provide a portion of
11 the forfeiture proceeds to the county. Any intergovernmental agreements or ordinances providing
12 for the distribution of forfeiture proceeds in effect on July 24, 1989, shall remain valid unless
13 changed by the parties.
14 (4) A forfeiting agency shall distribute forfeiture proceeds as follows:
15 (a) Costs shall be paid first, including costs, disbursements and attorney fees as defined in ORCP
16 68 A and special expenses, including the provision of lawful currency, incurred by any seizing or
17 forfeiting agency in investigating and prosecuting a specific case. The forfeiting agency may pay
18 expenses of servicing or maintaining the seized property under ORS 475A.045 (3) under the pro-
19 visions of this paragraph. The forfeiting agency may not pay expenditures made in connection with
20 the ordinary maintenance and operation of the seizing or forfeiting agency under the provisions of
21 this paragraph.
22 (b) After payment of costs under paragraph (a) of this subsection, the forfeiting agency shall:
23 (A) Deduct an amount equal to five percent of the proceeds and deposit that amount in the Il-
24 legal Drug Cleanup Fund established by ORS 475.495 for the purposes specified in ORS 475.495 (5);
25 (B) Deduct an amount equal to 2.5 percent of the proceeds and deposit that amount in the Asset
26 Forfeiture Oversight Account established by ORS 475A.160 for the purposes specified in ORS
27 475A.155;
28 (C) Deduct an amount equal to 20 percent of the proceeds and deposit that amount in the
29 Oregon Criminal Justice Commission Account established under ORS 137.662 for disbursement to
30 [drug] treatment court programs as described in ORS 3.450; and
31 (D) Deduct an amount equal to 10 percent of the proceeds and deposit that amount in the State
32 Commission on Children and Families Account established by ORS 417.733 for disbursement to relief
33 nurseries as described in ORS 417.788.
34 (c) If the forfeiting agency has entered into an agreement with a county under subsection (3)
35 of this section, after paying costs under paragraph (a) of this subsection and making the deductions
36 required by paragraph (b) of this subsection, the forfeiting agency shall pay the county the amounts
37 required by the agreement.
38 (d) After making all payments and deductions required by paragraphs (a) to (c) of this sub-
39 section, the forfeiting agency may use forfeiture proceeds, including amounts received by a county
40 under paragraph (c) of this subsection and pursuant to an intergovernmental agreement entered into
41 under ORS 475A.115, only for:
42 (A) The purchase of equipment necessary for the enforcement of laws relating to the unlawful
43 delivery, distribution, manufacture or possession of controlled substances;
44 (B) Cash for use in law enforcement activities;
45 (C) Drug awareness and drug education programs offered in middle schools and high schools;
[3]
SB 319
1 (D) The expenses of a forfeiting agency in operating joint narcotic operations with other for-
2 feiting agencies pursuant to the terms of an intergovernmental agreement, including paying for
3 rental space, utilities and office equipment; and
4 (E) Expenses of a district attorney in criminal prosecutions for unlawful delivery, distribution,
5 manufacture or possession of controlled substances, as determined through intergovernmental
6 agreement between the forfeiting agency and the district attorney.
7 (5) Notwithstanding subsection (4) of this section, growing equipment and laboratory equipment
8 seized by a forfeiting agency that was used, or intended for use, in the manufacturing of controlled
9 substances may be donated to a public school, community college or institution of higher education.
10 (6) A political subdivision shall sell as much property as may be needed to make the distrib-
11 utions required by subsection (4) of this section. Distributions required under subsection (4)(b) of this
12 section must be made once every three months and are due within 20 days of the end of each
13 quarter. No interest shall accrue on amounts that are paid within the period specified by this sub-
14 section.
15 (7) The forfeiting agency, and any agency which receives forfeited property or proceeds from the
16 sale of forfeited property, shall maintain written documentation of each sale, decision to retain,
17 transfer or other disposition.
18 (8) Forfeiture counsel shall report each forfeiture to the Asset Forfeiture Oversight Advisory
19 Committee as soon as reasonably possible after the conclusion of forfeiture proceedings, whether or
20 not the forfeiture results in an entry of judgment under ORS 475A.110. The committee shall develop
21 and make available forms for the purpose of reporting forfeitures.
22 (9) Law enforcement agencies shall supply to forfeiture counsel all information requested by
23 forfeiture counsel necessary for the preparation of the report required by subsection (8) of this
24 section.
25 (10) Political subdivisions of the state who receive forfeiture proceeds under this section shall
26 submit a report to the Asset Forfeiture Oversight Advisory Committee for any year in which those
27 proceeds are received. The committee shall develop and make available forms for the purpose of
28 those reports. The forms shall require the political subdivision to report on how proceeds received
29 by the political subdivision have been or will be used, and such other information as may be re-
30 quested by the committee. Reports shall be submitted each December 15 for the last ending fiscal
31 year of the political subdivision.
32 (11) This section applies only to forfeiture proceeds arising out of prohibited conduct as defined
33 by ORS 475A.005 (11), and does not apply to proceeds from forfeiture based on other conduct.
34 SECTION 4. ORS 475A.126 is amended to read:
35 475A.126. (1) The provisions of this section apply only when the forfeiting agency is the state.
36 (2) Except as otherwise provided by intergovernmental agreement and this section, a forfeiting
37 agency may:
38 (a) Sell, lease, lend or transfer forfeited property to any federal, state or local law enforcement
39 agency or district attorney.
40 (b) Sell forfeited property by public or other commercially reasonable sale and pay from the
41 proceeds the expenses of keeping and selling the property.
42 (c) Retain forfeited property.
43 (d) With written authorization from the district attorney for the county in which the property
44 was seized, destroy any forfeited firearms or controlled substances.
45 (3) The forfeiting agency shall distribute forfeiture proceeds as follows:
[41
SB 319
1 (a) Costs shall be paid first, including costs, disbursements and attorney fees as defined in ORCP
2 68 A and special expenses, including the provision of lawful currency, incurred by any seizing or
3 forfeiting agency in investigating and prosecuting a specific case. The forfeiting agency may pay
4 expenses of servicing or maintaining the seized property under ORS 475A.045 (3) under the pro-
5 visions of this paragraph. The forfeiting agency may not pay expenditures made in connection with
6 the ordinary maintenance and operation of the seizing or forfeiting agency under the provisions of
7 this paragraph. Any amount paid to or retained by the Department of Justice under this paragraph
8 shall be deposited in the Criminal Justice Revolving Account in the State Treasury. Any amount
9 paid to or retained by the Oregon State Police under this paragraph shall be deposited in the State
10 Police Account.
11 (b) After payment of costs under paragraph (a) of this subsection, the forfeiting agency shall:
12 (A) Deduct an amount equal to 10 percent of the proceeds and deposit that amount in the Illegal
13 Drug Cleanup Fund established by ORS 475.495 for the purposes specified in ORS 475.495 (5);
14 (B) Deduct an amount equal to three percent of the proceeds, not to exceed $50,000 in a
15 biennium, and deposit that amount in the Asset Forfeiture Oversight Account established by ORS
16 475A.160 for the purposes specified in ORS 475A.155;
17 (C) Deduct an amount equal to 20 percent of the proceeds and deposit that amount in the
18 Oregon Criminal Justice Commission Account established under ORS 137.662 for disbursement to
19 [drug] treatment court programs as described in ORS 3.450; and
20 (D) Deduct an amount equal to 10 percent of the proceeds and deposit that amount in the State
21 Commission on Children and Families Account established by ORS 417.733 for disbursement to relief
22 nurseries as described in ORS 417.788.
23 (c) If the forfeiting agency has entered into an intergovernmental agreement with a political
24 subdivision under ORS 475A.115, or has entered into an agreement with any other law enforcement
25 agency of the state relating to distribution of forfeiture proceeds, after paying costs under paragraph
26 (a) of this subsection and making the deductions required by paragraph (b) of this subsection, the
27 forfeiting agency shall pay an equitable portion of the forfeiture proceeds to each agency partic-
28 ipating in the seizure or forfeiture as provided by the agreement.
29 (d) After making all payments and deductions required by paragraphs (a) to (c) of this sub-
30 section, the forfeiting agency shall distribute the remaining proceeds as follows:
31 (A) If no law enforcement agency other than the Department of Justice participated in the sei-
32 zure or forfeiture, the remaining proceeds, and proceeds received by the Department of Justice un-
33 der paragraph (c) of this subsection, shall be divided between the Criminal Justice Revolving
34 Account and the Special Crime and Forfeiture Account established by ORS 475A.130 according to
35 the following schedule:
36 (i) One hundred percent of the first $200,000 accumulated shall be deposited in the Criminal
37 Justice Revolving Account.
38 (ii) Seventy-five percent of the next $200,000 shall be deposited in the Criminal Justice Revolving
39 Account and the balance in the Special Crime and Forfeiture Account.
40 (iii) Fifty percent of the next $200,000 shall be deposited in the Criminal Justice Revolving Ac-
41 count and the balance in the Special Crime and Forfeiture Account.
42 (iv) Twenty-five percent of the next $200,000 shall be deposited in the Criminal Justice Revolving
43 Account and the balance in the Special Crime and Forfeiture Account.
44 (v) One hundred percent of all additional sums shall be deposited in the Special Crime and
45 Forfeiture Account.
[5]
SB 319
1 (B) If no law enforcement agency other than the Department of State Police participated in the
2 seizure or forfeiture, the remaining proceeds, and proceeds received by the Department of State
3 Police under paragraph (c) of this subsection, shall be divided between the State Police Account and
4 the Special Crime and Forfeiture Account according to the following schedule:
5 (i) One hundred percent of the first $600,000 accumulated shall be deposited in the State Police
6 Account.
7 (ii) Seventy-five percent of the next $300,000 shall be deposited in the State Police Account and
8 the balance in the Special Crime and Forfeiture Account.
9 (iii) Fifty percent of the next $200,000 shall be deposited in the State Police Account and the
10 balance in the Special Crime and Forfeiture Account.
11 (iv) Twenty-five percent of the next $200,000 shall be deposited in the State Police Account and
12 the balance in the Special Crime and Forfeiture Account.
13 (v) One hundred percent of all additional sums shall be deposited in the Special Crime and
14 Forfeiture Account.
15 (4) Forfeiture proceeds distributed under subsection (3)(d) of this section may be used only for:
16 (a) The purchase of equipment necessary for the enforcement of laws relating to the unlawful
17 delivery, distribution, manufacture or possession of controlled substances;
18 (b) Cash for use in law enforcement activities;
19 (c) Drug awareness and drug education programs offered in middle schools and high schools; and
20 (d) The expenses of a forfeiting agency in operating joint narcotic operations with other for-
21 feiting agencies pursuant to the terms of an intergovernmental agreement, including paying for
22 rental space, utilities and office equipment.
23 (5) A forfeiting agency shall sell as much property as may be needed to make the distributions
24 required by subsection (3) of this section. Distributions required under subsection (3)(b) of this sec-
25 tion must be made once every three months and are due within 20 days of the end of each quarter.
26 No interest shall accrue on amounts that are paid within the period specified by this subsection.
27 (6) The forfeiting agency, and any agency that receives forfeited property or proceeds from the
28 sale of forfeited property, shall maintain written documentation of each sale, decision to retain,
29 transfer or other disposition of the property or proceeds.
30 (7) Forfeiture counsel shall report each forfeiture to the Asset Forfeiture Oversight Advisory
31 Committee as soon as reasonably possible after the conclusion of forfeiture proceedings, whether or
32 not the forfeiture results in an entry of judgment under ORS 475A.110. The committee shall develop
33 and make available forms for the purpose of reporting forfeitures.
34 (8) Law enforcement agencies shall supply to forfeiture counsel all information requested by
35 forfeiture counsel necessary for the preparation of the report required by subsection (7) of this
36 section.
37
[61
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 374
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Joint Interim Committee on Emergency Preparedness)
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.
Establishes framework for local governments to request and receive mutual assistance from
other local governments during declared emergencies and in preparation for emergency response.
1 A BILL FOR AN ACT
2 Relating to emergency intrastate mutual assistance.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. Sections 2 to 10 of this 2007 Act are added to and made a part of ORS 401.260
5 to 401.325.
6 SECTION 2. The Legislative Assembly finds that:
7 (1) Emergencies transcend political jurisdictional boundaries.
8 (2) Intergovernmental coordination and mutual cooperation in emergency planning and
9 response and emergency-related training, exercises and testing are essential for the pro-
10 tection of lives and property and for the best use of available emergency planning and re-
11 sponse resources.
12 (3) It is appropriate to create a system of intrastate mutual assistance between local
13 governments in this state for the prevention of, response to and recovery from disasters that
14 result in a formal state of emergency within the jurisdiction of one or more local govern-
15 ments subject to sections 2 to 10 of this 2007 Act.
16 SECTION 3. (1) When the governing body of a local government declares an emergency,
17 the governing body may request assistance to provide emergency services from other local
18 governments participating in the intrastate mutual assistance program established in
19 sections 2 to 10 of this 2007 Act.
20 (2) A responding local government shall provide all practicable assistance to the re-
21 questing local government that is needed to respond to the emergency.
22 (3) Notwithstanding subsection (2) of this section, a responding local government may
23 withhold resources to the extent necessary to maintain a reasonable level of services and
24 protection within its own jurisdiction.
25 (4) When a responding local government provides resources to render emergency services
26 to a requesting local government, the emergency service workers and the nonconsumable
27 material resources and equipment provided by the responding local government:
28 (a) Are under the operational control of the requesting local government for strategic
29 and tactical purposes; and
30 (b) Are under the direct command and control of the responding local government, using
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 630
SB 374
1 the standard operating procedures, medical and other protocols and rating procedures used
2 by the responding local government to accomplish the strategic and tactical goals.
3 (5) Notwithstanding any other provision of sections 2 to 10 of this 2007 Act, the governing
4 body of a city or county may delegate the authority provided to the governing body under
5 sections 2 to 10 of this 2007 Act to the emergency program manager of the city or county.
6 SECTION 4. (1) The initial request for assistance under section 3 of this 2007 Act may
7 be made orally or in writing.
8 (2) If the initial request for assistance is made orally, the governing body of the re-
9 questing local government shall follow up the oral request with a written confirmation of the
10 request as soon after the initial response to the emergency as practicable.
11 (3) A request for assistance is not required to be made to or through the Office of
12 Emergency Management. However, notice of the request and a copy of the written request
13 or confirmation must be provided to the office as soon after the initial response to the
14 emergency as practicable.
15 SECTION 5. (1) Subject to any limitations and conditions the governing body of the re-
16 questing local government may prescribe, if an emergency service worker or other individual
17 provided by a responding local government holds a license, certificate or other permit issued
18 by the state or by a local government subject to sections 2 to 10 of this 2007 Act evidencing
19 qualification in a professional, technical or other skill, the emergency service worker or
20 other individual is deemed to be licensed, certified or permitted in the requesting local gov-
21 ernment's jurisdiction for the duration of the declared emergency or the duration of
22 emergency-related training, exercises or testing authorized pursuant to section 10 of this
23 2007 Act.
24 (2) Notwithstanding subsection (1) of this section, for the purpose of emergency-related
25 training, exercises or testing authorized pursuant to section 10 of this 2007 Act, the Office
26 of Emergency Management is designated as the requesting local government and the office
27 assumes the rights and responsibilities that are otherwise identified in sections 2 to 10 of this
28 2007 Act as the rights and responsibilities of the requesting local government. However,
29 nothing in sections 2 to 10 of this 2007 Act requires the office to reimburse participating local
30 governments for costs incurred while participating in mandatory emergency-related training,
31 exercises or testing.
32 SECTION 6. (1) If a local government requests assistance from another local government
33 under section 3 of this 2007 Act, the requesting local government shall reimburse the re-
34 sponding local government for the costs of rendering assistance as required by rules of the
35 Office of Emergency Management that implement the guidelines and procedures approved
36 by the Oregon Intrastate Mutual Assistance Committee established under section 10 of this
37 2007 Act.
38 (2) A request for reimbursement must be made in compliance with guidelines and pro-
39 cedures approved by the committee and adopted as rules by the office.
40 (3) If there is a dispute regarding reimbursement, the local government asserting non-
41 compliance with the guidelines and procedures adopted by rule by the office shall give written
42 notice of the alleged noncompliance to the alleged noncomplying local government and to the
43 office.
44 (4) If the local governments cannot resolve the dispute within 90 days after receipt of the
45 notice of alleged noncompliance, a party to the dispute may submit the dispute to arbitration
[2]
SB 374
1 under the commercial arbitration rules of the American Arbitration Association.
2 SECTION 7. An emergency service worker or other individual who is an officer or an
3 employee of a responding local government and who sustains injury or death in the course
4 of or arising out of the effort to render assistance to a requesting local government in a
5 declared emergency is entitled to:
6 (1) All applicable benefits normally available to the officer or employee while performing
7 regular duties for the responding local government; and
8 (2) Any additional state and federal benefits that may be available to the officer or em-
9 ployee for injury or death in the line of duty.
10 SECTION S. (1) Assistance rendered by an emergency service worker or other individual
11 under sections 2 to 10 of this 2007 Act during a declared emergency is a governmental func-
12 tion.
13 (2) An emergency service worker or other individual responding to a declared emergency
14 is deemed to be an agent of the requesting local government's emergency management
15 agency.
16 SECTION 9. (1) A local government is a participant in the intrastate mutual assistance
17 program established by sections 2 to 10 of this 2007 Act unless the local government has
18 elected not to participate pursuant to this section.
19 (2) If the governing body of a local government elects not to participate in the intrastate
20 mutual assistance program established by sections 2 to 10 of this 2007 Act, the governing
21 body of the local government shall adopt a resolution or ordinance declaring its election not
22 to participate and cause written notice of the election and a copy of the resolution or ordi-
23 nance to be delivered to the Office of Emergency Management.
24 (3) The election not to participate in the intrastate mutual assistance program is effec-
25 tive 90 days after receipt of notice and a copy of the resolution or ordinance by the office.
26 (4) A local government that has elected not to participate in the intrastate mutual as-
27 sistance program may elect to participate as provided in subsections (5) and (6) of this sec-
28 tion.
29 (5) If a local government that has elected not to participate in the intrastate mutual as-
30 sistance program established by sections 2 to 10 of this 2007 Act chooses to participate, the
31 governing body of the local government shall adopt a resolution or ordinance declaring its
32 election to participate and cause written notice of the election and a copy of the resolution
33 or ordinance to be delivered to the office.
34 (6) The election to participate in the intrastate mutual assistance program is effective
35 90 days after receipt of notice of the election and a copy of the resolution or ordinance by
36 the office.
37 SECTION 10. (1) The Office of Emergency Management shall establish a committee to
38 be known as the Oregon Intrastate Mutual Assistance Committee.
39 (2) The Director of the Office of Emergency Management, or a designee of the director,
40 shall chair the committee.
41 (3) The director shall appoint members to serve two-year terms on the committee.
42 Committee members serve at the pleasure of the director. Membership must be represen-
43 tative of emergency service agencies and emergency services disciplines, and members must
44 be knowledgeable about the variety of environmental and other local factors faced by local
45 governments in responding to emergencies.
[31
SB 374
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(4) The committee shall develop, in consultation with the Office of Emergency Manage-
ment, comprehensive guidelines and procedures for intrastate emergency response and
emergency-related training, exercises and testing that address:
(a) Projected or anticipated costs;
(b) Checklists and forms, including checklists and forms for requesting or rendering
mutual assistance, record keeping, requesting and providing reimbursement and tracking the
deployment and return of resources; and
(c) Other necessary or appropriate issues in implementing the intrastate mutual assist-
ance program established by sections 2 to 10 of this 2007 Act.
(5) The committee, with the approval of the office, may establish a schedule of
emergency-related training, exercises and testing to ensure that intrastate mutual assist-
ance is provided effectively and efficiently when needed.
(6) At a minimum, the committee shall meet annually to:
(a) Review the progress and status of intrastate mutual assistance;
(b) Assist the office in developing methods to track and evaluate activation of the intra-
state mutual assistance program; and
(c) Examine issues facing participating local governments regarding the implementation
of sections 2 to 10 of this 2007 Act.
(7) The committee shall:
(a) Prepare an annual report that:
(A) Includes analysis of the condition and effectiveness of intrastate mutual assistance
in the state; and
(B) Makes recommendations for correcting any deficiencies in the intrastate mutual as-
sistance program, including recommendations for legislation or administrative solutions; and
(b) Submit the report to the Governor, the President of the Senate and the Speaker of
the House of Representatives.
[4]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 400
Sponsored by Senators BROWN, PROZANSKI (Precession 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 editors brief statement of the essential features of the
measure as introduced.
Modifies definition of "employment relations" to include certain staffing levels and safety issues
for certain employees who are prohibited from striking.
1 A BILL FOR AN ACT
2 Relating to employment relations in public collective bargaining; creating new provisions; and
3 amending ORS 243.650.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 243.650 is amended to read:
6 243.650. As used in ORS 243.650 to 243.782, unless the context requires otherwise:
7 (1) "Appropriate bargaining unit" means the unit designated by the Employment Relations Board
8 or voluntarily recognized by the public employer to be appropriate for collective bargaining. How-
9 ever, an appropriate bargaining unit cannot include both academically licensed and unlicensed or
10 nonacademically licensed school employees. Academically licensed units may include but are not
11 limited to teachers, nurses, counselors, therapists, psychologists, child development specialists and
12 similar positions. This limitation [shall] does not apply to any bargaining unit certified or recognized
13 prior to June 6, 1995, or to any school district with fewer than 50 employees.
14 (2) "Board" means the Employment Relations Board.
15 (3) "Certification" means official recognition by the board that a labor organization is the ex-
16 clusive representative for all of the employees in the appropriate bargaining unit.
17 (4) "Collective bargaining" means the performance of the mutual obligation of a public employer
18 and the representative of its employees to meet at reasonable times and confer in good faith with
19 respect to employment relations for the purpose of negotiations concerning mandatory subjects of
20 bargaining, to meet and confer in good faith in accordance with law with respect to any dispute
21 concerning the interpretation or application of a collective bargaining agreement, and to execute
22 written contracts incorporating agreements that have been reached on behalf of the public employer
23 and the employees in the bargaining unit covered by such negotiations. The obligation to meet and
24 negotiate does not compel either party to agree to a proposal or require the making of a concession.
25 [Nothing in] This subsection [shall] may not be construed to prohibit a public employer and a cer-
26 tified or recognized representative of its employees from discussing or executing written agreements
27 regarding matters other than mandatory subjects of bargaining that are not prohibited by law[, so]
28 as long as there is mutual agreement of the parties to discuss these matters, which are permissive
29 subjects of bargaining.
30 (5) "Compulsory arbitration" means the procedure whereby parties involved in a labor dispute
31 are required by law to submit their differences to a third party for a final and binding decision.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1876
SB 400
1 (6) "Confidential employee" means one who assists and acts in a confidential capacity to a per-
t son who formulates, determines and effectuates management policies in the area of collective bar-
3 gaining.
4 (7)(a) "Employment relations" includes, but is not limited to, matters concerning direct or indi-
5 rect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of
6 employment.
7 (b) "Employment relations" does not include subjects determined to be permissive, nonmanda-
8 tory subjects of bargaining by the Employment Relations Board prior to June 6, 1995.
9 (c) After June 6, 1995, "employment relations" [shall] does not include subjects [which] that the
10 Employment Relations Board determines to have a greater impact on management's prerogative than
11 on employee wages, hours, or other terms and conditions of employment.
12 (d) "Employment relations" [shall] does not include subjects that have an insubstantial or de
13 minimis effect on public employee wages, hours, and other terms and conditions of employment.
14 (e) For school district bargaining, "employment relations" [shall expressly exclude] does not
15 include class size, the school or educational calendar, standards of performance or criteria for
16 evaluation of teachers, the school curriculum, reasonable dress, grooming and at-work personal
17 conduct requirements respecting smoking, gum chewing and similar matters of personal conduct, the
18 standards and procedures for student discipline, the time between student classes, the selection,
19 agendas and decisions of 21st Century Schools Councils established under ORS 329.704, and any
20 other subject proposed that is permissive under paragraphs (b), (c) and (d) of this subsection.
21 (f) For employee bargaining involving employees covered by ORS 243.736, "employment
22 relations" includes staffing levels and safety issues that have a potential impact on the on-
23. the job safety and the workload of the employees.
24 [(fj] (g) For all other employee bargaining except school [districts] district bargaining and ex-
25 cept as provided in paragraph (f) of this subsection, "employment relations" [expressly
26 excludes] does not include staffing levels and safety issues (except those staffing levels and safety
27 issues [which] that have a direct and substantial effect on the on-the-job safety of public employees),
28 scheduling of services provided to the public, determination of the minimum qualifications necessary
29 for any position, criteria for evaluation or performance appraisal, assignment of duties, workload
30 when the effect on duties is insubstantial, reasonable dress, grooming, and at-work personal conduct
31 requirements respecting smoking, gum chewing, and similar matters of personal conduct at work,
32 and any other subject proposed that is permissive under paragraphs (b), (c) and (d) of this sub-
33 section.
34 (8) "Exclusive representative" means the labor organization that, as a result of certification by
35 the board or recognition by the employer, has the right to be the collective bargaining agent of all
36 employees in an appropriate bargaining unit.
37 (9) "Fact-finding" means identification of the major issues in a particular labor dispute by one
38 or more impartial individuals who review the positions of the parties, resolve factual differences and
39 make recommendations for settlement of the dispute.
40 (10) "Fair-share agreement" means an agreement between the public employer and the recog-
41 nized or certified bargaining representative of public employees whereby employees who are not
42 members of the employee organization are required to make an in-lieu-of-dues payment to an em-
43 ployee organization except as provided in ORS 243.666. Upon the filing with the board of a petition
44 by 30 percent or more of the employees in an appropriate bargaining unit covered by such union
45 security agreement declaring they desire that [such] the agreement be rescinded, the board shall
[2]
SB 400
1 take a secret ballot of the employees in [such] the unit and certify the results thereof to the re-
2 cognized or certified bargaining representative and to the public employer. Unless a majority of the
3 votes cast in an election favor [such] the union security agreement, the board shall certify deau-
4 thorization [thereof] of the agreement. A petition for deauthorization of a union security agreement
5 must be filed not more than 90 calendar days after the collective bargaining agreement is executed.
6 Only one such election shall be conducted in any appropriate bargaining unit during the term of a
7 collective bargaining agreement between a public employer and the recognized or certified bar-
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gaining representative.
(11) "Final offer" means the proposed contract language and cost summary submitted to the
mediator within seven days of the declaration of impasse.
(12) "Labor dispute" means any controversy concerning employment relations or concerning the
association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment relations, regardless of whether the disputants stand in
the proximate relation of employer and employee.
(13) "Labor organization" means any organization that has as one of its purposes representing
employees in their employment relations with public employers.
(14) "Last best offer package" means the offer exchanged by parties not less than 14 days prior
to the date scheduled for an interest arbitration hearing.
(15) "Legislative body" means the Legislative Assembly, the city council, the county commission
and any other board or commission empowered to levy taxes.
(16) "Managerial employee" means an employee of the State of Oregon who possesses authority
to formulate and carry out management decisions or who represents management's interest by tak-
ing or effectively recommending discretionary actions that control or implement employer policy,
and who has discretion in the performance of these management responsibilities beyond the routine
discharge of duties. A "managerial employee" need not act in a supervisory capacity in relation to
other employees. Notwithstanding this subsection, "managerial employee" [shall] may not be con-
strued to include faculty members at a community college, college or university.
(17) "Mediation" means assistance by an impartial third party in reconciling a labor dispute
between the public employer and the exclusive representative regarding employment relations.
(18) "Payment-in-lieu-of-dues" means an assessment to defray the cost for services by the exclu-
sive representative in negotiations and contract administration of all persons in an appropriate
bargaining unit who are not members of the organization serving as exclusive representative of the
employees. The payment shall be equivalent to regular union dues and assessments, if any, or shall
be an amount agreed upon by the public employer and the exclusive representative of the employees.
(19) "Public employee" means an employee of a public employer but does not include elected
officials, persons appointed to serve on boards or commissions, incarcerated persons working under
section 41, Article I of the Oregon Constitution, or persons who are confidential employees, super-
visory employees or managerial employees.
(20) "Public employer" means the State of Oregon, and the following political subdivisions:
Cities, counties, community colleges, school districts, special districts, mass transit districts, metro-
politan service districts, public service corporations or municipal corporations and public and
quasi-public corporations.
(21) "Public employer representative" includes any individual or individuals specifically desig-
nated by the public employer to act in its interests in all matters dealing with employee represen-
tation, collective bargaining and related issues.
[3]
SB 400
1 (22) "Strike" means a public employee's refusal in concerted action with others to report for
2 duty, or his or her willful absence from his or her position, or his or her stoppage of work, or his
3 or her absence in whole or in part from the full, faithful or proper performance of his or her duties
4 of employment, for the purpose of inducing, influencing or coercing a change in the conditions,
5 compensation, rights, privileges or obligations of public employment; however, nothing shall limit
6 or impair the right of any public employee to lawfully express or communicate a complaint or
7 opinion on any matter related to the conditions of employment.
8 (23) "Supervisory employee" means any individual having authority in the interest of the em-
9 ployer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline
10 other employees, or responsibly to direct them, or to adjust their grievances, or effectively to re-
al commend such action, if in connection therewith, the exercise of [such] the authority is not of a
12 merely routine or clerical nature but requires the use of independent judgment. Failure to assert
13 supervisory status in any Employment Relations Board proceeding or in negotiations for any col-
14 lective bargaining agreement [shall] does not thereafter prevent assertion of supervisory status in
15 any subsequent board proceeding or contract negotiation. Notwithstanding the provisions of this
16 subsection, no nurse, charge nurse or similar nursing position shall be deemed to be supervisory
17 unless [such] the position has traditionally been classified as supervisory.
18 (24) "Unfair labor practice" means the commission of an act designated an unfair labor practice
19 in ORS 243.672.
20 (25) "Voluntary arbitration" means the procedure whereby parties involved in a labor dispute
21 mutually agree to submit their differences to a third party for a final and binding decision.
22 SECTION 2. The amendments to ORS 243.650 by section 1 of this 2007 Act apply only to
23 collective bargaining agreements entered into on or after the effective date of this 2007 Act.
24
[4]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 401
Sponsored by Senator BROWN (Precession 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 editors brief statement of the essential features of the
measure as introduced.
Modifies definition of "supervisory employee" for purposes of public employee collective bar-
gaining law.
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A BILL FOR AN ACT
Relating to supervisory employees under public employee collective bargaining law; creating new
provisions; and amending ORS 243.650.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 243.650 is amended to read:
243.650. As used in ORS 243.650 to 243.782, unless the context requires otherwise:
(1) "Appropriate bargaining unit" means the unit designated by the Employment Relations Board
or voluntarily recognized by the public employer to be appropriate for collective bargaining. How-
ever, an appropriate bargaining unit cannot include both academically licensed and unlicensed or
nonacademically licensed school employees. Academically licensed units may include but are not
limited to teachers, nurses, counselors, therapists, psychologists, child development specialists and
similar positions. This limitation [shall] does not apply to any bargaining unit certified or recognized
prior to June 6, 1995, or to any school district with fewer than 50 employees.
(2) "Board" means the Employment Relations Board.
(3) "Certification" means official recognition by the board that a labor organization is the ex-
clusive representative for all of the employees in the appropriate bargaining unit.
(4) "Collective bargaining" means the performance of the mutual obligation of a public employer
and the representative of its employees to meet at reasonable times and confer in good faith with
respect to employment relations for the purpose of negotiations concerning mandatory subjects of
bargaining, to meet and confer in good faith in accordance with law with respect to any dispute
concerning the interpretation or application of a collective bargaining agreement, and to execute
written contracts incorporating agreements that have been reached on behalf of the public employer
and the employees in the bargaining unit covered by such negotiations. The obligation to meet and
negotiate does not compel either party to agree to a proposal or require the making of a concession.
[Nothing in] This subsection [shall] may not be construed to prohibit a public employer and a cer-
tified or recognized representative of its employees from discussing or executing written agreements
regarding matters other than mandatory subjects of bargaining that are not prohibited by law, so
long as there is mutual agreement of the parties to discuss these matters, which are permissive
subjects of bargaining.
(5) "Compulsory arbitration" means the procedure whereby parties involved in a labor dispute
are required by law to submit their differences to a third party for a final and binding decision.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1875
SB 401
1 (6) "Confidential employee" means one who assists and acts in a confidential capacity to a per-
2 son who formulates, determines and effectuates management policies in the area of collective bar-
3 gaining.
4 (7)(a) "Employment relations" includes, but is not limited to, matters concerning direct or indi-
5 rect monetary benefits, hours, vacations, sick leave, grievance procedures and other conditions of
6 employment.
7 (b) "Employment relations" does not include subjects determined to be permissive, nonmanda-
8 tort' subjects of bargaining by the Employment Relations Board prior to June 6, 1995.
9 (c) After June 6, 1995, "employment relations" [shall] does not include subjects [which] that the
10 Employment Relations Board determines to have a greater impact on management's prerogative than
11 on employee wages, hours, or other terms and conditions of employment.
12 (d) "Employment relations" [shall] does not include subjects that have an insubstantial or de
13 minimis effect on public employee wages, hours, and other terms and conditions of employment.
14 (e) For school district bargaining, "employment relations" [shall expressly exclude] does not
15 include class size, the school or educational calendar, standards of performance or criteria for
16 evaluation of teachers, the school curriculum, reasonable dress, grooming and at-work personal
17 conduct requirements respecting smoking, gum chewing and similar matters of personal conduct, the
18 standards and procedures for student discipline, the time between student classes, the selection,
19 agendas and decisions of 21st Century Schools Councils established under ORS 329.704, and any
20 other subject proposed that is permissive under paragraphs (b), (c) and (d) of this subsection.
21 (f) For all other employee bargaining except school [districts] district bargaining, "employment
22 relations" [expressly excludes] does not include staffing levels and safety issues (except those
23 staffing levels and safety issues [which] that have a direct and substantial effect on the on-the-job
24 safety of public employees), scheduling of services provided to the public, determination of the min-
25 imum qualifications necessary for any position, criteria for evaluation or performance appraisal,
26 assignment of duties, workload when the effect on duties is insubstantial, reasonable dress, groom-
27 ing, and at-work personal conduct requirements respecting smoking, gum chewing, and similar mat-
28 ters of personal conduct at work, and any other subject proposed that is permissive under
29 paragraphs (b), (c) and (d) of this subsection.
30 (8) "Exclusive representative" means the labor organization that, as a result of certification by
31 the board or recognition by the employer, has the right to be the collective bargaining agent of all
32 employees in an appropriate bargaining unit.
33 (9) "Fact-finding" means identification of the major issues in a particular labor dispute by one
34 or more impartial individuals who review the positions of the parties, resolve factual differences and
35 make recommendations for settlement of the dispute.
36 (10) "Fair-share agreement" means an agreement between the public employer and the recog-
37 nized or certified bargaining representative of public employees whereby employees who are not
38 members of the employee organization are required to make an in-lieu-of-dues payment to an em-
39 ployee organization except as provided in ORS 243.666. Upon the filing with the board of a petition
40 by 30 percent or more of the employees in an appropriate bargaining unit covered by such union
41 security agreement declaring they desire that [such] the agreement be rescinded, the board shall
42 take a secret ballot of the employees in [such] the unit and certify the results thereof to the re-
43 cognized or certified bargaining representative and to the public employer. Unless a majority of the
44 votes cast in an election favor [such] the union security agreement, the board shall certify deau-
45 thorization [thereof] of the agreement. A petition for deauthorization of a union security agreement
[2]
SB 401
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must be filed not more than 90 calendar days after the collective bargaining agreement is executed.
Only one such election shall be conducted in any appropriate bargaining unit during the term of a
collective bargaining agreement between a public employer and the recognized or certified bar-
gaining representative.
(11) "Final offer" means the proposed contract language and cost summary submitted to the
mediator within seven days of the declaration of impasse.
(12) "Labor dispute" means any controversy concerning employment relations or concerning the
association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to
arrange terms or conditions of employment relations, regardless of whether the disputants stand in
the proximate relation of employer and employee.
(13) "Labor organization" means any organization that has as one of its purposes representing
employees in their employment relations with public employers.
(14) "Last best offer package" means the offer exchanged by parties not less than 14 days prior
to the date scheduled for an interest arbitration hearing.
(15) "Legislative body" means the Legislative Assembly, the city council, the county commission
and any other board or commission empowered to levy taxes.
(16) "Managerial employee" means an employee of the State of Oregon who possesses authority
to formulate and carry out management decisions or who represents management's interest by tak-
ing or effectively recommending discretionary actions that control or implement employer policy,
and who has discretion in the performance of these management responsibilities beyond the routine
discharge of duties. A "managerial employee" need not act in a supervisory capacity in relation to
other employees. Notwithstanding this subsection, "managerial employee" [shall] may not be con-
strued to include faculty members at a community college, college or university.
(17) "Mediation" means assistance by an impartial third party in reconciling a labor dispute
between the public employer and the exclusive representative regarding employment relations.
(18) "Payment-in-lieu-of-dues" means an assessment to defray the cost for services by the exclu-
sive representative in negotiations and contract administration of all persons in an appropriate
bargaining unit who are not members of the organization serving as exclusive representative of the
employees. The payment shall be equivalent to regular union dues and assessments, if any, or shall
be an amount agreed upon by the public employer and the exclusive representative of the employees.
(19) "Public employee" means an employee of a public employer but does not include elected
officials, persons appointed to serve on boards or commissions, incarcerated persons working under
section 41, Article I of the Oregon Constitution, or persons who are confidential employees, super-
visory employees or managerial employees.
(20) "Public employer" means the State of Oregon, and the following political subdivisions:
Cities, counties, community colleges, school districts, special districts, mass transit districts, metro-
politan service districts, public service corporations or municipal corporations and public and
quasi-public corporations.
(21) "Public employer representative" includes any individual or individuals specifically desig-
nated by the public employer to act in its interests in all matters dealing with employee represen-
tation, collective bargaining and related issues.
(22) "Strike" means a public employee's refusal in concerted action with others to report for
duty, or his or her willful absence from his or her position, or his or her stoppage of work, or his
or her absence in whole or in part from the full, faithful or proper performance of his or her duties
of employment, for the purpose of inducing, influencing or coercing a change in the conditions,
[3]
SB 401
1 compensation, rights, privileges or obligations of public employment; however, nothing shall limit
2 or impair the right of any public employee to lawfully express or communicate a complaint or
3 opinion on any matter related to the conditions of employment.
4 (23)(a) "Supervisory employee" means any individual having authority in the interest of the
5 employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline
6 other employees, or responsibly to direct them, or to adjust their grievances, or effectively to re-
7 commend such action, if in connection therewith, the exercise of [such] the authority is not of a
8 merely routine or clerical nature but requires the use of independent judgment. Failure to assert
9 supervisory status in any Employment Relations Board proceeding or in negotiations for any col-
10 lective bargaining agreement [shall] does not thereafter prevent assertion of supervisory status in
11 any subsequent board proceeding or contract negotiation.
12 (b) Notwithstanding the provisions of paragraph (a) of this subsection[, no]:
13 (A) A nurse, charge nurse or similar nursing position [shall be deemed] may not be considered
14 to be supervisory unless [such] the position has traditionally been classified as supervisory.
15 (B) A public safety officer, as defined in ORS 181.610, who merely assigns, transfers or
16 directs the work of other employees, but who has no authority to impose economic discipline
17 on those employees, may not be considered to be supervisory.
18 (24) "Unfair labor practice" means the commission of an act designated an unfair labor practice
19 in ORS 243.672.
20 (25) "Voluntary arbitration" means the procedure whereby parties involved in a labor dispute
21 mutually agree to submit their differences to a third party for a final and binding decision.
22 SECTION 2. The amendments to ORS 243.650 by section 1 of this 2007 Act apply only to
23 collective bargaining agreements executed on or after the effective date of this 2007 Act.
24
[4]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 402
Sponsored by Senator BROWN (Precession 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.
Modifies criteria used by arbitrators in public collective bargaining.
1 A BILL FOR AN ACT
2 Relating to arbitration criteria in public collective bargaining; creating new provisions; and amend-
3 ing ORS 243.722, 243.746 and 243.752.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 243.746 is amended to read:
6 243.746. (1) In carrying out the arbitration procedures authorized in ORS 243.712 (2)(e), 243.726
7 (3)(c) and 243.742, the public employer and the exclusive representative may select their own
8 arbitrator.
9 (2)(a) [Where] When the parties have not selected their own arbitrator within five days after
10 notification by the Employment Relations Board that arbitration is to be initiated, the board shall
11 submit to the parties a list of seven qualified, disinterested, unbiased persons. The board shall in-
12 clude a list of Oregon interest arbitrations and fact-findings for which each person has issued an
13 award [shall be included]. Each party shall alternately strike three names from the list. The order
14 of striking shall be determined by lot. The remaining individual shall be designated the
15 "arbitrator."[:]
16 [(a)] (b) When the parties have not designated the arbitrator and notified the board of their
17 choice within five days after receipt of the list, the board shall appoint the arbitrator from the list.
18 However, if one of the parties strikes the names as prescribed in this subsection and the other party
19 fails to do so, the board shall appoint the arbitrator only from the names remaining on the list.
20 [(b)] (c) [The] Concerns regarding the bias and qualifications of the person designated by lot or
21 by appointment may be [challenged] raised by a petition filed directly with the board. The board
22 shall hold a hearing [shall be held by the board] within 10 days of filing [of] the petition and [the
23 board] shall issue a final and binding decision regarding the person's neutrality within 10 days of
24 the hearing.
25 (3) The arbitrator shall establish dates and places of hearings. Upon the request of either party
26 or the arbitrator, the board shall issue subpoenas. Not less than 14 calendar days prior to the date
27 of the hearing, each party shall submit to the other party a written last best offer package on all
28 unresolved mandatory subjects, and neither party may change the last best offer package unless
29 pursuant to stipulation of the parties or as otherwise provided in this subsection. The date set for
30 the hearing may thereafter be changed only for compelling reasons or by mutual consent of the
31 parties. If either party provides notice of a change in its position within 24 hours of the 14-day
32 deadline, the other party will be allowed an additional 24 hours to modify its position. The arbitrator
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1874
SB 402
1 may administer oaths and shall afford all parties full opportunity to examine and cross-examine all
2 witnesses and to present any evidence pertinent to the dispute.
3 (4) [Where] When there is no agreement between the parties, or [where] when there is an
4 agreement but the parties have begun negotiations or discussions looking to a new agreement or
5 amendment of the existing agreement, unresolved mandatory subjects submitted to the arbitrator in
6 the parties' last best offer packages shall be decided by the arbitrator. Arbitrators shall base their
7 findings and opinions on [these criteria giving first priority to paragraph (a) of this subsection and
8 secondary priority to paragraphs (b) to (h) of this subsection as follows:] the following criteria:
9 [(a) The interest and welfare of the public.]
10 (a) The lawful authority of the public employer.
11 (b) The stipulations of the parties.
12 [(b)] (c) The interest and welfare of the public and the reasonable financial ability of the unit
13 of government to meet the costs of the proposed contract [giving due consideration and weight to the
14 other services, provided by, and other priorities of, the unit of government as determined by the gov-
15 erning body]. A reasonable operating reserve against future contingencies, which does not include
16 funds in contemplation of settlement of the labor dispute, [shall] may not be considered as available
17 toward a settlement.
18 [(c)] (d) The ability of the unit of government to attract and retain qualified personnel at the
19 wage and benefit levels provided.
20 [(d)] (e) The overall compensation presently received by the employees, including direct wage
21 compensation, vacations, holidays and other paid excused time, pensions, insurance, benefits, and
22 all other direct or indirect monetary benefits received.
23 [(e)] (f) Comparison of the [overall compensation] wages, hours and other terms and condi-
24 tions of employment of other employees performing similar services with the same or other em-
25 ployees in comparable communities. As used in this paragraph, "comparable" [is limited to] includes
26 communities of the same or nearest population range within Oregon[. Notwithstanding the provisions
27 of this paragraph, the following additional definitions of "comparable" apply in the situations described
28 as follows] and:
29 (A) For any city with a population of more than 325,000, "comparable" includes comparison to
30 out-of-state cities of the same or similar size on the west coast of the United States;
31 (B) For counties with a population of more than 400,000, "comparable" includes comparison to
32 out-of-state counties of the same or similar size on the west coast of the United States; and
33 (C) For the State of Oregon, "comparable" includes comparison to other states.
34 [(f)] (g) The [CPI-All Cities Index,] average consumer prices for goods and services com-
35 monly known as the cost of living.
36 [(g) The stipulations of the parties.]
37 (h) Changes in any of the criteria in paragraphs (a) to (g) of this subsection during the
38 pendency of the arbitration proceedings.
39 [(h)] (i) Such other [factors] criteria, consistent with paragraphs (a) to [(g)] (h) of this
40 subsection, as are traditionally taken into consideration in the determination of wages, hours[,] and
41 other terms and conditions of employment. [However, the arbitrator shall not use such other factors,
42 if in the judgment of the arbitrator, the factors in paragraphs (a) to (g) of this subsection provide suf-
43 ficient evidence for an award.]
44 (5) Not more than 30 days after the conclusion of the hearings or such further additional periods
45 to which the parties may agree, the arbitrator shall select only one of the last best offer packages
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SB 402
1 submitted by the parties and shall promulgate written findings along with an opinion and order. The
2 opinion and order shall be served on the parties and the board. Service may be personal or by reg-
3 istered or certified mail. The findings, opinions and order shall be based on the criteria prescribed
4 in subsection (4) of this section.
5 (6) The cost of arbitration shall be borne equally by the parties involved in the dispute.
6 SECTION 2. The amendments to ORS 243.746 by section 1 of this 2007 Act apply only to
7 arbitrations initiated on or after the effective date of this 2007 Act.
8 SECTION 3. ORS 243.722 is amended to read:
9 243.722. (1) In carrying out the fact-finding procedures authorized in ORS 243.712 (2)(c), the
10 public employer and the exclusive representative may select their own fact finder.
11 (2)(a) [Where] When the parties have not selected their own fact finder within five days after
12 written acknowledgment by the Employment Relations Board that fact-finding has been jointly ini-
13 tiated, the board shall submit to the parties a list of seven qualified, disinterested, unbiased persons.
14 A list of Oregon fact-finding interest arbitrations for which each person has issued an award shall
15 be included. Each party shall alternately strike three names from the list. The order of striking shall
16 be determined by lot. The remaining individual shall be designated the "fact finder."
17 (b) When both parties desire a panel of three fact finders instead of one as provided in this
18 subsection, the board shall submit to the parties a list of seven qualified, unbiased, disinterested
19 persons. Each party shall alternately strike two names from the list. The order of striking shall be
20 determined by lot. The remaining three persons shall be designated "fact finders."
21 (c) When the parties have not designated the fact finder and notified the board of their choice
22 within five days after receipt of the list, the board shall appoint the fact finder from the list. How-
23 ever, if one of the parties strikes the names as prescribed in this subsection and the other party fails
24 to do so, the board shall appoint the fact finder only from the names remaining on the list.
25 (d) [The] Concerns regarding the bias and qualifications of the person designated by lot or by
26 appointment may be challenged by a petition filed directly with the board. A hearing shall be held
27 by the board within 10 days of filing the petition and the board shall issue a final and binding de-
28 cision regarding the person's neutrality within 10 days of the hearing.
29 (3) The fact finder shall establish dates and places of hearings. Upon the request of either party
30 or the fact finder, the board shall issue subpoenas. The fact finder may administer oaths and shall
31 afford all parties full opportunity to examine and cross-examine all witnesses and to present any
32 evidence pertinent to the dispute. Not more than 30 days from the date of conclusion of the
33 hearings, the fact finder shall make written findings of fact and recommendations for resolution of
34 the dispute and shall serve such findings and recommendations upon the parties and upon the board.
35 Service may be personal or by registered or certified mail. Not more than five working days after
36 the findings and recommendations have been sent, the parties shall notify the board and each other
37 whether or not they accept the recommendations of the fact finder. If the parties do not accept
38 them, the board, five days after receiving notice that one or both of the parties do not accept the
39 findings, shall publicize the fact finder's findings of facts and recommendations.
40 (4) The parties may voluntarily agree at any time during or after fact-finding to submit any or
41 all of the issues in dispute to final and binding arbitration, and if such agreement is reached prior
42 to the publication of the fact finder's findings of facts and recommendations, the board shall not
43 publicize such findings and recommendations.
44 (5) The cost of fact-finding shall be borne equally by the parties involved in the dispute.
45 (6) Fact finders shall base their findings and opinions on the matters prescribed in this sub-
[3]
SB 402
1 section in accordance with the criteria set out in ORS 243.746 (4)[(a) to (h)].
2 SECTION 4. ORS 243.752 is amended to read:
3 243.752. (1) A majority decision of the arbitration panel, under ORS 243.706, 243.726, 243.736,
4 243.742 and 243.746, if supported by competent, material and substantial evidence on the whole re-
5 cord, based upon the [factors] criteria set forth in ORS 243.746 (4), shall be final and binding upon
6 the parties. Refusal or failure to comply with any provision of a final and binding arbitration award
7 is an unfair labor practice. Any order issued by the Employment Relations Board pursuant to this
8 section may be enforced at the instance of either party or the board in the circuit court for the
9 county in which the dispute arose.
10 (2) The arbitration panel may award increases retroactively to the first day after the expiration
11 of the immediately preceding collective bargaining agreement. At any time the parties, by stipu-
12 lation, may amend or modify an award of arbitration.
13
[4]
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 422
Sponsored by Senator WALKER
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.
Directs county clerk to employ personnel on Saturday and Sunday immediately preceding pri-
mary or general election to provide candidates, political committees, political parties or other per-
sons with information listing electors who have cast ballot at primary or general election.
1 A BILL FOR AN ACT
2 Relating to elections; amending ORS 246.270.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 246.270 is amended to read:
5 246.270. (1) On the day of any primary election, general election or special election held
6 throughout the county, the county clerk's office shall remain open for business pertaining to the
7 election from 7 a.m. to 8 p.m. of the same day.
8 (2) On the Saturday and Sunday immediately preceding a primary or general election, the
9 county clerk shall employ personnel necessary to provide candidates, political committees,
10 political parties or other persons with information listing electors who have cast a ballot at
11 the primary or general election.
12
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 1742
74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Senate Bill 5505
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Budget and Management Division, Oregon Department of Administrative Services)
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.
Appropriates moneys from General Fund to Department of Corrections for certain biennial ex-
penses.
Limits certain biennial expenditures from fees, moneys or other revenues, including Miscella-
neous Receipts, but excluding lottery funds and federal funds, collected or received by department.
Limits biennial expenditures by department from federal funds.
Declares emergency, effective July 1, 2007.
1 A BILL FOR AN ACT
2 Relating to financial administration of the Department of Corrections; appropriating money; limiting
3 expenditures; and declaring an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. There are appropriated to the Department of Corrections, for the biennium
6 beginning July 1, 2007, out of the General Fund, the following amounts for the following
7 purposes:
8 (1) Operations $765,167,047
9 (2) Administration, public services,
10 general services and
11 human resources $112,558,947
12 (3) Transitional services $ 47,740,231
13 (4) Community corrections $239,369,772
14 (5) Debt service $133,828,118
15 (6) Capital improvements $ 1,112,448
16 SECTION 2. Notwithstanding any other law limiting expenditures, the following amounts
17 are established for the biennium beginning July 1, 2007, as the maximum limits for payment
18 of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but ex-
19 cluding lottery funds and federal funds, collected or received by the Department of Cor-
20 rections, for the following purposes:
21 (1) Operations $ 12,311,397
22 (2) Administration and general
23 services $ 13,813,620
24 (3) Transitional services $ 8,350,809
25 (4) Community corrections $ 1,867,434
26 SECTION 3. Notwithstanding any other law limiting expenditures, the amount of
27 $4,473,659 is established for the biennium beginning July 1, 2007, as the maximum limit for
28 payment of expenses from federal funds collected or received by the Department of Cor-
Note: For budget, see 2007-2009 Biennial Budget
NOTE: Matter in boldfaced type in an amended section is new; matter (italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 9505
SB 5505
1 rections for operations.
2 SECTION 4. This 2007 Act being necessary for the immediate preservation of the public
3 peace, health and safety, an emergency is declared to exist, and this 2007 Act takes effect
4 July 1, 2007.
[2]