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2009-1428-Minutes for Meeting July 29,2009 Recorded 8/11/2009DESCHUTES COUNTY CLERKDS 4J 200 NANCY 9.1428 COMMISSIONERS' JOURNAL 08/1112009 08:18:20 AM 111111111 t1111111111111111 I III 2 00-1Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 299 2009 Present were Commissioners Tammy Baney, Dennis R. Luke and Alan Unger. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; David Inbody, Assistant to the Administrator; Scott Johnson, Health and Human Services; Nick Lelack of Community Development; and Public Affairs Counsel representatives Mark Nelson and Erica Hagedorn. No members of the media or other citizens were present. Chair Baney opened the meeting at 2:35 p.m. 1. Legislative Update - Public Affairs Counsel. Chair Baney complimented the PAC representatives on their work during this past session. There was a lot going on and representation was timely and on target. Mark Nelson gave an overview of the past biennium, from the time that the economy started failing, through its worsening and causing a major shortfall in revenue, to where it is today. The shortfall figure of more than $4 billion is based on what was considered necessary to meet basic services (the essential service level). One major concern is the out-migration of citizens and the increasing lack of funds for necessary programs. There were some questions and discussion about the ending fund balances and whether those were available and considered. Mr. Nelson said they worked on trying to get alliances built to develop a business approach to handling the responsibility for some of the accounts. He added that revenue shortfall and the huge cuts in funding made for a challenging session. Minutes of Board of Commissioners' Work Session Wednesday, July 29, 2009 Page 1 of 5 Pages Ms. Hagedorn then went over the major pieces of legislation that were addressed; in particular HB 2227. Their efforts were successful in part due to timing. Before the Metolius bill was put to a vote, people were there discussing establishing a working group of resort representatives and others to find a mutually agreeable, fair policy in regard to destination resorts. Ms. Hagedorn stated that Representative Whisnant and others, who do not always agree, worked well together on this particular issue. Commissioner Baney stated that the County has over 114,000 acres now mapped for destination resorts, but most of that land is not suitable and should not even be on the map. A process is taking place at this time to correct this. Ms. Hagedorn said that a couple of bills were expansion of renewable energy mandates. After February, it will be better known what to expect and who is involved. Commissioner Baney gave an overview of what she learned from observing the work being done in the legislature. The Commissioners confirmed that they are aware of recent changes to the ethics laws. Everyone agreed that the local service providers have been heavily impacted by budget cutbacks. Mr. Nelson said that another issue was the robbery of $5 million from video lottery funding from counties. A lot of things were deemed not part of economic development and many things were disappropriated. Ms. Hagedorn stated that to many of the representatives and the State, money is money and they are not concerned about the implications of what might happen if they cut that funding. Mr. Kanner said that AOC is putting together information on how counties use the money they get, what kind of impact the recent cuts had at the local level, and so on. The Commissioners were very interested in what this study might show. Mr. Kanner said he is curious about anything that might have gotten "stuffed" into another bill or passed at the last minute. Mr. Nelson said that generally they would already know if there is anything of consequence. Mr. Kanner said that 2867, a union-backed bill regarding major projects, did pass. Minutes of Board of Commissioners' Work Session Wednesday, July 29, 2009 Page 2 of 5 Pages Nick Lelack stated that the question he has is in regard to HB 2229, the big look at the comprehensive plan. It stated that it provides for a legislative review to correct mapping errors, and a way to determine whether farmland is or is not viable farmland. He asked if technical mistakes could be corrected from when the designation was first applied almost two decades ago. The big question is how much discretion the local entities can use in this case. Erik Kropp asked what the money for HB 2287 goes for. Mr. Nelson said that the concept discussed with the Chief Justice in mid-session was how to offset costs to judicial and indigent defense. This raised about $39 million, which resulted in a smaller shortfall than expected. The counties are trying to get the State to take over the buildings used for courts and other State purposes, but have not been successful. The group discussed when the next forecast would available, and if there would be special sessions. Mr. Lelack said that his department was advised that they should get grants in as soon as possible, and spend the money right away. Mr. Nelson said that the State was budgeted for 24 furlough dates, but this came out to 10, 12 or 14 days depending on the employees' classification. The group agreed that it should determine what interim priorities are so that there is some kind of preparation occurring as soon as possible. Commissioner Unger said that the County owes some people some thank you's for their hard work. Commissioner Baney thanked David Inbody and Commissioner Luke for overseeing the process of determining the importance of various bills and having PAC track them. Mr. Nelson and Ms. Hagedorn then left the meeting. 2. Other Items. Concerning setting priorities, Commissioner Unger wanted to target regional water needs. Commissioner Luke suggested an e-mail to department heads asking if there is anything they would like addressed during the session that need attention. Minutes of Board of Commissioners' Work Session Wednesday, July 29, 2009 Page 3 of 5 Pages Commissioner Baney suggested discussing the merging of physical and mental health services, and what that means in terms of liability and the authority for the County to make decisions. Commissioner Luke stated that providing mental health services is a State function that is contracted out to counties. He is not sure of what kind of liability can be covered. Commissioner Baney said that there is a large general fund transfer into programs that are not mandated, or funds are used to enhance those that are. The County also maintains the mental health authority. If this changes, those transfers might be used regionally, or discussion should occur on what is a good use for those dollars. If the State takes these services back, the County would not retain the authority. Commissioner Luke noted that this is somewhat like opt-out. The County does good job, and the State does not have the ability or expertise to carry out this work. Mr. Kanner said that if an issue needs to be addressed, PAC representatives should start building coalitions by the end of the year. By February, they will know generally what is coming. Perhaps there are issues, or even a few things, that they can gear up for, perhaps biomass or geothermal programs. Commissioner Baney expressed concern about 2227. Commissioner Unger noted that this issue is too complicated for a short session. Commissioner Luke said, however, that they need to start on the destination resort issue early. In regard to a community park in Tumalo, Commissioner Luke said that there might be a way to help build one there, through parks funds or some expertise that can be offered. Foreclosed land could be used for a public purpose without having to go out to bid for its sale. Commissioner Baney said that she met with Bill Smith and David Blair regarding issues some businesses are having with the OLCC. It seems that there are big problems in this situation and some business owners are concerned about retaliation. It appears that the OLCC rules do not seem to be enforced equally. Minutes of Board of Commissioners' Work Session Wednesday, July 29, 2009 Page 4 of 5 Pages Mr. Kanner stated that he has been asked by the Oregon City-County Managers' Association whether he would sit on its board. He needs to let them know as soon as possible. This is the Oregon version of ICMA, and there are four meetings a year. Commissioner Unger feels that opportunities to work with other entities are important and someone should represent the County in this regard. The Commissioners were in favor of giving $125 towards the "We Represent You" brochures put together and distributed by the League of Women Voters. Commissioner Baney stated she met with Judge McCabe from Crook County and talked, among other things, about perhaps improving veterans' services to both areas. They are also interested in employee training opportunities. She will forward information on upcoming training. Mr. Kropp stated that the County will have programs in the fall that might have space for other entities to participate. Being no further items addressed, the meeting adjourned at 4:35 p.m. DATED this 29th Day of July 2009 for the Deschutes County Board of Commissioners. Tammy Baney, Chair Dennis R. Luke, Vice Chair ATTEST: un- 1~~~; Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, July 29, 2009 Page 5 of 5 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 2:30 P.M., WEDNESDAY, JULY 299 2009 Please note later time! 1. Legislative Update - Public Affairs Counsel 2. Other Items PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), pending or threatened litigation; or ORS 192.660(2) (b), personnel issues Meeting dates, times and discussion items are subject to change. All meetings are conducted 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. 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. C N h ~ DJ R7 T3 N N ~ E v v c 0 s a N~ ~ V N N L 4 ~ S G u C 4 v C ~ ~ a L Oregon Alliance of Business Associations "Shared Responsibility Proposal" Oregon is in economic crisis. Private-sector job loss is at the I root of our state's current budget shortfall. Creating and maintaining private-sector jobs that generate income-tax revenues is the only way out of Oregon's budget woes. Since November, Oregon has lost 46,700 jobs or 420 jobs per day. In February alone, Oregon lost 25,000 jobs or 775 jobs per day. Almost 82,000 Oregonians have lost their job over the last year. Oregon's unemployment rate has gone from 7.3 percent to 12.1 percent in half a year's time. More than a quarter million Oregonians are out of work today. The solution to this crisis is to forge a balanced, targeted and temporary approach that creates and maintains private-sector jobs and helps those Oregonians who are most in need. These are extraordinary times. We've seen nothing like this in Oregon since the early 1980s and perhaps the 1930s. Oregonians across the political spectrum recognize that everything has changed, and Oregon's legislature must refocus its efforts on making it through this economic turbulence. The legislature must set aside partisan philosophies and work to craft a shared response to this crisis that does the least harm to Oregon's economy today and enhances our economic recovery going forward. We are, therefore, deeply concerned with legislative leadership's first major tax initiative. The new value-added tax on Oregon business will tax Oregon employers regardless of their ability to pay. It will have an immediate detrimental effect on Oregon's ability to recover from the economic crisis. It's nothing more than a sales tax on wages and benefits. We believe that any tax increase will hurt Oregon's economy. but Oregon employers also recognize that these extraordinary times require us ail to compromise. vVe recognize a need to strike a balance between the requirements of a long-term economic recovery and the needs of all Oregonians. We understand the best way to stimulate the economy and provide tax dollars for state services is through private-sector job creation. Our "Shared Responsibility Proposal" does that. It's a balanced, short-term solution to the situation Oregon finds itself in today. Essentially, it matches spending cuts with a temporary, broad-based tax surcharge to help us get through this current economic storm and addresses the state's 2009-11 budget shortfall -together. Our "Shared Responsibility Proposal" emphasizes passing proposals that will create Oregon jobs and not passing ones that will kill jobs. It focuses on making common-sense budgeting decisions. It's a do-no-harm, batten-down-the-hatches approach - no new government programs or government regulations that will help the government live within its means while taking care of Oregon's most vulnerable. `.Shared Responsibility P oposaf' GUIDING PRINCIPLES 1. Aggressive Legislation for Job Creation: Oregon s tax base for programs and services is in serious decline due to the current economic crisis. To be proactive the Oregon Legislature must enact aggressive legislation, such as a transportation funding package, designed to generate economic development and create private-sector jobs. A failure to act quickly and decisively will hurt all Oregonians. 2. The Whole Picture: Any tax proposal should be presented as part of a package of policies designed to create jobs and get Oregonians through our current economic crisis. Tax policy should not be done of a piecemeal basis. It's important to look at the whole revenue picture in order to appreciate the cumulative effect on Oregon's private sector's ability to recover from the economic crisis. Tax revenues must also be seen in the context of spending choices and the entire state budget. 3. The Root of the Problem: Legislation should not be a patchwork of policies addressing symptoms of the economic downturn, but rather a forward-looking proposal designed to stimulate the economy and put Oregonians back to work. 4. Shared Responsibility Model: The Oregon Legislature should develop a short-term "Shared Responsibility" model that is separate and distinct from long-term tax reform. The "Shared Responsibility" model should be a broad-based program to strengthen our economy by: ® A targeted reduction of taxes, • Policies that create private-sector jobs, and • A reduction, where appropriate, in the size of government • Temporary, two-year, broad-based income tax increase and spending cuts 6. Tax Reform: The middle of an economic collapse is no time to engage in discussions about long-terra tax reform or reinvent Oregon's tax structure. Legislators need to focus, for now, on policies that generate the jobs and the resulting income-tax revenue that is needed to provide essential services. 6. Corporate Minimum Tax or"No-Profile" Tax: The Oregon Corporate Minimum Tax has become a political distraction. We support updating the Corporate Minimum Tax or No- profits Tax to cover the cost of processing tax filings. We agree that this filing fee should be paid even if an Oregon business has no tax liability. But the Corporate Minimum Tax or No-profits Tax cannot be set at a level that discourages economic growth, and job creation or that encourages Oregon businesses to move to other states or overseas. 7. Do No Harm: Any effort to provide bridge funding for Oregon public services must minimize harm to the state's troubled private-sector economy. This Legislature should nix all policy or regulatory initiatives that threaten to kill jobs in Oregon. m5surnpttons regaramg euaget anc r ax figures a;. All figures based on Legis!ative Fiscal Office and Legislative Revenue Office numbers b. Starts with "Essential Budget Level"of $16.749 billion Business Alliance uoessn't necessarily agree: with this start level, but is willing to start there for purposes of discussion ij. This number needs to be adjusted with further discussion of ;mat's in the "Essential Budget Level" figure and what has changed since it was announced in December 2008 c. 2009-11 Revenue Shortfall or Budget shortfall equals $4.404 billion i. This will be less if "Essential Budget Level" figure is adjusted down 2. Assumptions underlying the "Shared Responsibility" Proposal a. All federal stimulus money available to state will be spent: $911 million b. All Rainy Day funds will be spent: $911 million c. These two funding streams reduce shortfall by $1.822 billion d. Any additional funds that become available will go toward reducing the shortfall and reduce required spending cuts and revenue increases below e. Reconnect to federal tax code to stimulate private-sector job growth will add another $76 million to the budget shortfall 3. "Shared Responsibility Proposal" to address remaining shortfall of $2.581 billion a. Budget Cuts equal 2/3's of the net shortfall: $1.8 billion b. Tax increases to fill one-third of this gap: $855 Trillion 4. Update of Corporate Minimum or No-Profits Tax to $300 (permanent): $14 million 5. Temporary, broad-based tax increases include: a. Two-year 10% increase in corporate income-tax rate (7.25% from 6.6%): $82.36 million b. Two-year 7% increase in top personal incorne max rate, which includes businesses filing as LLCs, sole proprietorships and -corps (9.65% from 9%): $791.57 million 6. Total estimated additional tax revenues for 2009-11: $887.93 Trillion 7. Other conditions to create and maintain Oregon jobs a. No other new taxes except with broad-based business stakeholder OK b. No other fees or pass-through authority to local governments c. No increase in the number of state employees and no new programs or major policy initiatives d. Reconnect Oregon tax code to federal code e. Gradual reduction cut in capital gains tax to 5 percent over next 4 years f. Keep BETC g. Eliminate step and COLA increases for state workers and a commensurate reduction in the K-12 budget for 2009-11 h. Minimum wage freeze or modification i. Other anti-business, anti-jobs bills die 8. In exchange, the Business Alliance not only agrees to stand with the legislative leadership and oppose any referral of the plan, but also work with our allies to discourage a referral of "Shared Responsibility" plan • Deschutes County 2009 Legislative Report Prepared By: Public Affairs Counsel 867 Liberty Street NE, Salem, OR 97301 Ph: 503.363.7084, Fx: 503.371.3471 Table of Contents Introduction ............................................................................3 Priority 1 Legislation ...............................................................9 Priority 2 Legislation .............................................................11 Priority 3 Legislation .............................................................21 -2- Introduction The Color of Money The recession, tax increase proposals and budget holes colored every piece of legislation during the 2009 Oregon Legislature. For the first time in decades, Democrats held revenue-raising majorities in both chambers and also had the unenviable task of balancing a budget and considering new tax increases while navigating through the most significant economic downturn in recent history. Session began in January amid a skidding economy. The Oregon State Economist had issued two deteriorating revenue forecasts in 2008 that predicted Oregon would need to reconcile a $150 million budget hole for the existing spending cycle in addition to a $1.7 billion anticipated shortfall in 2009-11. In late February, the State Economist issued yet another blow to budget writing woes by predicting the state would have $855 million less to spend in 2007-09 and was $3 billion short of "Essential Budget Levels" in 2009-11. Federal stimulus dollars poured into state coffers, which plugged the majority of the current biennium's budget deficit. However, just when the budget writers thought they had tied a ribbon on the current budget, the State Economist issued the final revenue forecast of the session in mid-May. He predicted the state was short an additional $355 million in the current budget cycle, and $3.9 billion in the hole for the prospective budget cycle. To sew up the 2007-09 budget, the Co-Chairs of Ways and Means used leftover federal stimulus funds to fill the gaps. That left the 2009-11 budget heavily dependent on new taxes, cuts or reserves in order to keep it whole. In an effort to set the stage for the leadership's tax proposals, the Co-Chairs released an "All Cuts" budget, which illustrated the Doomsday scenario for essential government programs if the legislature did not raise new revenues. PAC led the charge, with other business groups under the umbrella of the Alliance of Oregon Business Associations, to develop a business friendly approach to revenue-raising, which it deemed the "Shared Responsibility Model." The two principles the group employed were that the tax plan must be temporary to help the state weather this temporary economic downturn and that the plan must be broadly based to avoid a "winners and losers" approach to. increasing taxes. The Alliance proposal would have raised more than $800 million. The Oregon Business Association's plan would have raised a similar amount through a somewhat different approach. The leadership rejected every business-sponsored plan on the table. Instead, they chose to permanently boost the corporate minimum tax and implement a gross receipts tax, which -3- 1! I— 1-1 disproportionately impacts high-volume, low-margin small businesses. For an example, if a business made no profit, it could still have to pay up to $100,000 in new taxes. In the span of one week, the legislature approved over $2 billion in new taxes on personal and corporate income tax filers, hospitals and health insurers and vehicle users. The health care and transportation taxes were earmarked for new programs and projects while the income tax increases, the subject of a potential citizen referendum, would flow into the General Fund. Tax Increase Overview Personal Income Tax: Sets a higher rate on taxable income above $125,000 for individuals and above $250,000 for households. Raises $472 million for 2009-11. (House Bill 2649) Corporate Minimum/Income Tax: Raises $10 minimum tax on corporations to a sliding scale between $150 and $100,000 depending on annual sales. Sets higher rate for taxable income above $250,000. Raises $261 million for 2009-11. (House Bill 3405) Gas Tax/Vehicle Registration Fees: Adds 6 cents to the state gas tax. Along with higher fees for registration and other car-related expenses. Raises $600 million for 2009-11. (House Bill 2001) Health Insurance Premium/Hospital Tax: Raises taxes on hospitals and health insurance premiums to add children and low-income adults to Oregon Health Plan. Raises $300 million to $500 million for 2009-11. (House Bill 2116) In an attempt to stem the tide of a likely citizen referendum of the $733 million income tax package, the leadership floated legislation that would have reversed over 100 years of election procedure. Instead of treating voters like legislators, who choose whether or not to enact taxes by a "yes" or "no" vote, the new system would have rendered a "yes" vote as a "no" on the tax proposals and a "no" vote as a "yes" on the tax proposals. Public outcry stopped this radical proposal which was only floated to boost the legislature's chances of upholding its tax package. In addition to raising taxes, both chambers overrode a gubernatorial veto of the K-12 education budget. Legislative leaders refused to relent from using an additional $200 million from the Rainy Day Fund, but the Governor had requested the legislature leave more money in reserves in case the economy continued to tank. In the end, deals were cut garner enough Republican votes to achieve the 2/3 override. The legislature also saved some last-minute public safety dollars by suspending a "tough on crime" measure approved by the voters in 2008. The body also approved millions in additional court-related fees to help offset the judicial branch cuts. In total numbers, the legislature spent 9 percent more in the 2009-11 budget than the 2007-09 budget. Outside of the tax realm, policy bills were each scrutinized for their potential impact on state coffers. In an effort to gauge each bill's impact on the budget, the leadership took the unprecedented step of requiring that each bill heard in committee receive a fiscal and revenue impact statement before moving from a committee. However, because state agencies pen the fiscal impact estimates, certain pieces of legislation were nurtured or killed with carefully considered fiscal impact statements. -4- The major policymaking discussions of 2009 revolved around union/employer issues and rancor over greenhouse gas regulations. Public employee unions and employer interests wrestled over expanding collective bargaining units to temporary employees, while trade unions pushed for prevailing wages on projects in enterprise zones. The biggest union win of the session set a national precedent for an employer gag rule concerning employer/employee communication. The bill, which barely failed last session, sailed through both chambers on party-line votes in 2009. In another arena, environmental groups, joined by Governor Kulongoski, came out swinging in January with an ambitious agenda that included a "cap and trade" program to regulate greenhouse gas emissions from Oregon businesses and vehicles. • The environmental movement eventually settled for rulemaking authority for the Department of Environmental Quality to oversee a grab bag of greenhouse gas emissions sources, and authority to develop-but not immediately implement-a "low carbon fuel standard" for fuels sold in Oregon. In the end, many editorial boards opined that the leadership took reckless or "self defeating" steps to balance the state budget and its approach to the tax packages that voters will likely overturn in the January 26, 2010 special election. The stage will be set for the February 2010 special session, when legislators plan to meet for a short month-long session to reconcile any budget items and prepare fodder for the legislative primaries in May. For Deschutes County, the 2009 Legislative Session proved a mixed bag of budget and policy initiatives, but ended on a high note with the defeat of HB 2227. No issue dominated the Deschutes County legislative docket more than HB 2227, which as amended would have robbed local control from counties to site destination resorts and handed over most resort-related decisions to the Land Conservation and Development Commission (LCDC). y As originally drafted, this legislation was more of a study bill that would have left some destination resort planning decisions up to local communities. In the House, the bill underwent major revisions that raised the ire of even House Speaker Dave Hunt, D-Gladstone, who opposed the bill on the House floor. The bill barely passed that chamber 31-29. In the Senate, a few changes were made to halfway remedy issues concerning siting resorts in irrigation districts. PAC and the commissioners worked to lobby senators about the bill's potentially drastic negative impact on Deschutes County's economy. Lobbying efforts continued and the bill was held up for a few days until the Senate leadership convinced a key swing vote to support the bill on the Senate floor. HB 2227 passed the Senate by the narrowest of margins on a 16-14 vote. -5- PAC and other opponents circled back to the House after the Senate passed the bill in an attempt to stymie the bill upon consideration to concur with the Senate's amendments to the bill. Political emotions were running high because HB 3298, which banned development in the Metolius Basin, had just passed the chamber. PAC and our allies argued that HB 2227 would allow LCDC to "Metolius" the entire state on a whim, without legislative oversight. The concurrence vote occurred only a few days before Sine Die and the bill failed 28-32. A conference committee was appointed, but never met. The Deschutes County delegation played a major role in the defeat of the overly broad language in the bill. We anticipate the commissioners will be approached in the interim to participate in a work group to discuss how to evolve Oregon's destination resort laws. The session began on much rockier footing than the finale. SB 446, a Deschutes County- sponsored bill, would have expanded the renewable energy choices eligible to meet a renewable energy requirement on newly constructed or renovated public buildings. In 2007, the legislature passed a law that instructs public entities using state funds for building construction or renovation to put at least 1.5 percent of the cost toward solar panels. SB 446 would have expanded those options to most renewable energy sources, as well as some conservation measures. PAC worked in the Senate, but met a stone wall with Senate Environment Committee Chair Jackie Dingfelder, D-NE Portland. The Senator instructed PAC that we needed to meet the needs of the sponsor of the 2007 legislation, Rep. Paul Holvey, D-Eugene, before she would grant a hearing. PAC met with Rep. Holvey multiple times over the course of several months, but Holvey would only agree (very late into the session) to on-site geothermal energy for eligibility for the 1.5 percent mandate. PAC also worked with Lane County to educate Rep. Holvey on the benefits of biomass technology, but to no avail. By the time Rep. Holvey agreed to the geothermal language, it was the day before the deadline for bills to move from committee. Even though PAC found a potential vehicle for the language, Legislative Counsel drafted the amendment incorrectly and time ran out for the bill language to be redrafted and all other potential vehicles had been exhausted. We recommend the Commission continue these conversations in the interim and develop a strong grassroots network of renewable energy advocates and legislative champions for a proposed expansion in the 2011 Legislative Session. Another Commission legislative priority, HB 2923, fell by the wayside after voters in Deschutes County repealed a Commission order that South County residents replace or retrofit old septic systems that were leaking nitrates into the aquifer used for drinking water. As written, the bill would have provided environmental investment tax credits to residents in a narrowly defined area in which the DEQ had declared a public health hazard, and the state or -6- local government had required septic system retrofitting or replacement. PAC also worked with the DECI,, who in the end could not support the tax credit proposal due to its potential fiscal impact on the state budget. County commissioners and other local officials benefited from changes made to ethics laws adopted by the 2007 Legislature, which instituted onerous campaign finance and ethics reporting requirements on public officials. SB 30 and HB 2518 in tandem fixed several issues, including repealing the requirement for public officials to report the names of all family members and relatives and rolling back reporting for public officials from a quarterly basis to an annual basis. County budget interests took a hit this session when House Revenue Committee members killed SB 563, which would have directed all interest on delinquent property tax collections to the County Assessment and Taxation Fund (CAFFA). SB 563 would have meant an extra $14 million for counties - all the more significant because legislative budget writers eliminated $5 million from of the state's CAFFA grants to counties. PAC lobbied of the entire committee well before the debate occurred and worked with the Senate Revenue Committee Chair to secure a commitment from House Revenue Committee Chair Phil Barnhart, D-Eugene, to move the bill unamended. However, the K-12 and community college lobby mounted a last-minute assault on SB 563 citing budget woes. The education lobby said they would accept a carve out, but this concept also fell flat in House Revenue. In the final day of session, legislators also approved stealing $5 million in county video lottery revenue in HB 3199, the "program change bill." PAC had heard this plan was being considered as part of the end game, and leadership used these funds as a piece of the budget reconciliation patchwork at the expense of their local government partners. Counties adverted a potential disaster in the mental health and addiction treatment arena when the Co-Chairs chose to only implement a few pilot projects for the state to directly contract with local service providers instead of counties. The new direction was outlined in a budget note in the DHS budget, HB 5529 that states: The Department of Human Service is directed to implement two or three demonstration projects with willing local mental health authorities, mental health organizations, fully capitated health plans, federally qualified health clinics and mental health, addiction and health cared providers in the communities, to develop an integrated management and service delivery system including physical health and addictions and mental health treatment and recovery services, by June 30, 2011. DHS shall report on progress on implementing these demonstration projects at the last scheduled Emergency Board or Joint Committee on Ways and means meeting prior to the 2011 legislative session. The Co-Chairs also approved a DHS budget note with a nod to appropriate county funding during this debate: -7- The Department of Human Services Addictions and Mental Health Division is directed to work with local mental health authorities and stakeholders to develop an equitable formula and distribution method for Regional Acute Psychiatric Impatient Treatment funds for all Oregon counties. DHS shall report to the Emergency Board or Joint Committee on Ways and Means by February 2010 on this new method and include a cost estimate for implementation. Overall, Deschutes County split its wins and losses this session, but generally fared better than expected in a dismal budget climate. [Note: The bill tracking in the subsequent report does not reflect the Governor's approval or veto of most tracked measures, as these reports were released before the 30-day deadline for gubernatorial action on legislative items.] -8- Priority 1 Legislation HB 2227 Modifies provisions for siting destination resorts. This bill ended up dying on the House floor during a 28-32 concurrence vote, which was the bill's final stop before the Governor's desk. The Deschutes County delegation played a major role in the defeat of the overly broad language in the bill. We anticipate the commissioners will be approached in the interim to participate in a work group to discuss how to evolve Oregon's destination resort laws. REFERRED TO HOUSE LAND USE. HOUSE THIRD READING. PASSED. AYES 31. • REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. SENATE THIRD READING. PASSED. AYES 16. HOUSE REFUSED TO CONCUR IN SENATE AMENDMENTS. DIED IN CONFERENCE COMMITTEE. HB 2758 Requires public agency to include amount in contract for construction, reconstruction or major renovation of public building equivalent to 1.5 percent of total contract price for inclusion of appropriate green energy technology. This bill was originally introduced by Rep. Sal Esquivel, R-Medford, to expand the green energy sources available to meet to meet a renewable energy requirement on newly constructed or renovated public buildings, much like the Deschutes County-sponsored SB 446. PAC secured agreement from Rep. Esquivel to use this bill as a vehicle for the on- site geothermal language to which Rep. Paul Holvey, D-Eugene, agreed as a small expansion to the existing solar-only mandate. However, Legislative Counsel drafted the on-site geothermal amendments incorrectly and there was no time to have the amendments redrafted before the bill received its sole hearing in the House • Sustainability Committee on the last day before most committees shut down. DIED IN HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. E E -9- HB 2923 Establishes tax credit for installation, replacement or retrofitting of septic tank. As written, the bill would have provided environmental investment tax credits to residents in a narrowly defined area in which the DEQ had declared the area a public health hazard, and the state or local government had required septic system retrofitting or replacement. In the end, the bill was stymied by its potential fiscal impact and a local citizen referendum that nullified the original county retrofitting or replacement rule. REFERRED TO HOUSE ENVIRONMENT AND WATER, AND REVENUE. DIED IN HOUSE ENVIRONMENT AND WATER. SB 446 Provides that public improvement contract for construction or certain reconstruction or major renovation of public building is considered to contain amount equal to at least 1.5 percent of total contract price for inclusion of certain types of energy technology. This bill would have expanded the renewable energy choices eligible to meet a renewable energy requirement on newly constructed or renovated public buildings. In 2007, the legislature passed a law that instructs public entities using state funds for building construction or renovation to put at least 1.5 percent of the cost toward solar panels. SB 446 would have expanded those options to most renewable energy sources, as well as some conservation measures. PAC struck a mid-session deal with the law's original sponsor, Rep. Paul Holvey-D- Eugene, to expand the solar-only mandate to on-site geothermal energy. However, Legislative Counsel drafted the on-site geothermal amendments incorrectly and there was no time to have the amendments redrafted before HB 2758, the only remaining vehicle for this language, received its sole hearing in the House Sustainability Committee on the last day before most committees shut down. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. SB 758 Provides that governing body of county may enter into agreement with Chief Justice and with presiding judge for judicial district for creation of Local Court Facility Capital Improvement Account and imposition in circuit court of court facilities surcharges and court facilities assessment. REFERRED TO SENATE JUDICIARY, AND WAYS AND MEANS. DIED IN SENATE JUDICIARY. 1 ~10- 0 Priority 2 Leaislation HB 2042 Provides that person's right and privilege to construct, maintain and operate water, gas, electric or communications lines, fixtures or facilities free of charge along public roads does not extend to public roads under jurisdiction of county. DIED IN HOUSE TRANSPORTATION. HB 2043 Removes requirement that ordinance establishing county registration fees for vehicles be approved by electors of county. REFERRED TO HOUSE TRANSPORTATION. REFERRED TO HOUSE REVENUE. DIED IN HOUSE REVENUE. HB 2226 Restricts siting of destination resort in Metolius River Basin. DIED IN HOUSE LAND USE. HB 2228 Authorizes establishment of one or two small-scale recreation communities on forestlands. REFERRED TO HOUSE AGRICULTURE, NATURAL RESOURCES, AND RURAL COMMUNITIES, AND WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 31. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. REFERRED TO SENATE RULES. SENATE THIRD READING. PASSED. AYES 16. HOUSES CONCURRED IN SENATE AMENDMENTS. AYES 31. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. -11- n u HB 2287 Establishes Judicial System Surcharge Account. REFERRED TO HOUSE JUDICIARY. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON PUBLIC SAFETY. RETURNED TO FULL COMMITTEE. HOUSE THIRD READING. PASSED. AYES 45. REFERRED TO WAYS AND MEANS. SENATE THIRD READING. PASSED. AYES 23. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. HB 2323 Modifies property offenses by increasing value threshold of property. REFERRED TO HOUSE JUDICIARY. HOUSE THIRD READING. PASSED. AYES 53. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 22. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. HB 2339 Expands exemption from disclosure of certain personal information to include personal information sought by district attorney, deputy district attorney, Attorney General or assistant attorney general, United States Attorney for District of Oregon or assistant United States attorney for District of Oregon, city attorney who engages in prosecution of criminal matters or deputy city attorney who engages in prosecution of criminal matters. REFERRED TO HOUSE JUDICIARY. HOUSE THIRD READING. PASSED. AYES 56. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 22. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 54. SPEAKER SIGNED. PRESIDENT SIGNED. -12- • HB 2372 Requires Secretary of State to mail voters' pamphlet for primary, general or certain special elections to each active elector. REFERRED TO HOUSE RULES, AND WAYS AND MEANS. DIED IN HOUSE RULES. HB 2414 Prescribes ballot titles and explanatory statements for House Joint Resolution 7 (2009) and House Joint Resolution 13 (2009). REFERRED TO HOUSE RULES. HOUSE THIRD READING. PASSED. AYES 53. REFERRED TO SENATE RULES. • REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON CAPITAL CONSTRUCTION AND INFO TECHNOLOGY. RETURNED TO FULL COMMITTEE. SENATE THIRD READING. PASSED. AYES 20. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 34. SPEAKER SIGNED. HB 2504 Modifies required contents of statement of economic interest. • DIED IN HOUSE RULES. HB 2518 Exempts from definition of "gift," for purposes of ethics laws, specified program material, specified expenses for attendance at conference and reasonable expenses paid to public school employee for accompanying students on educational trip. REFERRED TO HOUSE EDUCATION, AND RULES. HOUSE THIRD READING. PASSED. AYES 57. REFERRED TO SENATE RULES. SENATE THIRD READING. PASSED. AYES 28. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 59. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. -13- HB 2545 Includes temporary employees in definition of "appropriate bargaining unit" for purposes of collective bargaining between public employers and public employees. REFERRED TO HOUSE BUSINESS AND LABOR. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. RETURNED TO FULL COMMITTEE. DIED IN HOUSE BUSINESS AND LABOR. HB 2546 Prohibits public employer from hiring permanent replacements for public employees engaged in lawful strike. REFERRED TO HOUSE BUSINESS AND LABOR. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. RETURNED TO FULL COMMITTEE. DIED IN HOUSE BUSINESS AND LABOR. HB 2577 Establishes presumption that certain bloodborne diseases are compensable occupational diseases for public safety officers. DIED IN HOUSE BUSINESS AND LABOR. HB 2580 Requires that general or special election ballots list name of candidate for partisan office for each nomination candidate receives, with name of each political party that nominated candidate printed opposite one of listings of candidate's name. DIED IN HOUSE RULES. -14- r~ HB 2867 Requires contracting agency, before conducting procurement for services that exceed specified amount, to demonstrate by specified means that performing services with contracting agency's own personnel and services is not feasible or to • demonstrate by means of written cost analysis that contracting agency would incur less cost in procuring services than in performing services with agency's own personnel and resources. REFERRED TO HOUSE BUSINESS AND LABOR. • REFERRED TO HOUSE RULES. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON CAPITAL CONSTRUCTION AND INFO TECHNOLOGY. . RETURNED TO FULL COMMITTEE. HOUSE THIRD READING. PASSED. AYES 45. REFERRED TO WAYS AND MEANS. SENATE THIRD READING. PASSED. AYES 19. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 39. SPEAKER SIGNED. HB 2973 Modifies authority for issuance of bonds by public bodies. DIED IN HOUSE REVENUE. • HB 2989 Allows Department of Human Services to contract directly with providers to provide mental health and developmental disabilities programs if department finds that program offered by county is not satisfactory. • REFERRED TO HOUSE HUMAN SERVICES. REFERRED TO HOUSE RULES. DIED IN HOUSE RULES. • HB 3015 Modifies requirements for obtaining authorization for enterprise zone exemptions. DIED IN HOUSE BUSINESS AND LABOR. -Is- HB 3021 Provides that qualified emergency service volunteer is agent of public body under Oregon Tort Claims Act for purpose of acts and omissions of volunteer that are within course and scope of volunteer's duties if acts or omissions occur during state of emergency or state of public health emergency and while volunteer is performing emergency services under direction of public body or is engaged in training approved by public body. REFERRED TO HOUSE VETERANS AND EMERGENCY SERVICES. HOUSE THIRD READING. PASSED. AYES 53. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 18. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 49. » SPEAKER SIGNED. PRESIDENT SIGNED. HB 3056 Sets initial maximum indebtedness for specified urban renewal plans. M REFERRED TO HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. HOUSE THIRD READING. PASSED. AYES 55. REFERRED TO SENATE FINANCE AND REVENUE. SENATE THIRD READING. PASSED. AYES 22. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 59. SPEAKER SIGNED. PRESIDENT SIGNED. HB 3130 Modifies definition of public employee to include managerial and supervisory employees for purposes of collective bargaining. he DIED IN HOUSE BUSINESS AND LABOR. HB 3131 Prohibits public employer from using replacement worker to perform duties of public employee engaged in lawful strike. DIED IN HOUSE BUSINESS AND LABOR. I~ HB 3172 Directs Department of Transportation and designated voter registration agency to provide Secretary of State each month with list of individuals who have changed address. DIED IN HOUSE RULES. -16- HB 3199 Transfers, credits or allocates certain moneys from specified funds and accounts to other specified funds, accounts or agencies to be used for specified purposes. REFERRED TO HOUSE ENVIRONMENT AND WATER, REVENUE, AND WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON CAPITAL CONSTRUCTION AND INFO TECHNOLOGY. RETURNED TO FULL COMMITTEE. HOUSE THIRD READING. PASSED. AYES 41. REFERRED TO WAYS AND MEANS. SENATE THIRD READING. PASSED. AYES 22. SPEAKER SIGNED. HB 3224 Modifies provisions for siting destination resorts. DIED IN HOUSE LAND USE. HB 3237 Requires ballot title and outer envelope in which ballot title is delivered to specify whether measure authorizes renewal of current local option taxes. 0 REFERRED TO HOUSE RULES. HOUSE THIRD READING. PASSED. AYES 42. REFERRED TO SENATE RULES. SENATE THIRD READING. PASSED. AYES 26. SPEAKER SIGNED. PRESIDENT SIGNED. HB 3240 Authorizes county to pay all or part of expense for postage that exceeds expense of postage for mail that weighs one ounce or less for ballots returned by mail. REFERRED TO HOUSE RULES, AND WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON GENERAL GOVERNMENT. DIED IN WAYS AND MEANS. -17- HB 3298 Approves recommendation of Land Conservation and Development Commission to designate Metolius Area of Critical State Concern as area of critical state concern. REFERRED TO HOUSE AGRICULTURE, NATURAL RESOURCES, AND RURAL COMMUNITIES. HOUSE THIRD READING. PASSED. AYES 52. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. SENATE THIRD READING. PASSED. AYES 16. HOUSE REFUSED TO CONCUR IN SENATE AMENDMENTS. AYES 29. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 31. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. HB 3379 Allows local governments that are unable to meet funding requirements of transportation planning rule adopted by Land Conservation and Development Commission to apply for extensions, submit alternative plans for funding or apply to adjust various traffic performance measures I* REFERRED TO HOUSE TRANSPORTATION, REVENUE, AND WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 59. REFERRED TO SENATE BUSINESS AND TRANSPORTATION. SENATE THIRD READING. PASSED. AYES 29. 00 HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 57. SPEAKER SIGNED. PRESIDENT SIGNED. HB 3431 Requires Secretary of State or county clerk to send list of invalid signatures on state initiative, referendum or recall petition to chief petitioners. DIED IN HOUSE RULES. ►40 HB 3433 Requires that notice be sent by certified mail to electors who need to update voter registration and to any pefson who votes challenged ballot and for whom registration cannot be validated. REFERRED TO HOUSE RULES, AND WAYS AND MEANS. DIED IN HOUSE RULES. HB 3434 Requires ballots returned by mail to be postmarked not later than day before date of election. DIED IN HOUSE RULES. -18- i0 HJR 5 Proposes amendment to Oregon Constitution to allow citizens to register to vote in election not later than day of election. DIED IN HOUSE RULES. SIB 29 Allows county, city or metropolitan service district to adopt instant runoff voting system for nomination or election of candidates to county, city or metropolitan service district office. DIED IN HOUSE RULES. ' SB 30 Defines "candidate" for purposes relating to government ethics. REFERRED TO SENATE RULES. SENATE THIRD READING. PASSED. AYES 26. REFERRED TO HOUSE RULES. HOUSE THIRD READING. PASSED. AYES 59. SENATE CONCURRED IN HOUSE AMENDMENTS. AYES 29. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE APRIL 15, 2009. SB 304 Requires mortgagor taking possession of real property to provide minimum care for domestic animal or livestock abandoned at property. 0 DIED IN SENATE CONSUMER PROTECTION AND PUBLIC AFFAIRS. SB 311 Increases amounts recoverable in tort actions against public bodies. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 24. REFERRED TO HOUSE JUDICIARY. HOUSE THIRD READING. PASSED. AYES 50. SENATE CONCURRED IN HOUSE AMENDMENTS. AYES 24. ' PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JULY 1, 2009. ft -19- SB 365 Allows ballots to list names of not more than two political parties that have nominated candidate for election. DIED IN SENATE RULES. SB 749 Requires Department of Human Services to establish uniform standards for provision of mental health and addiction services paid for with state funds. DIED IN SENATE HEALTH CARE AND VETERANS' AFFAIRS. SB 806 Specifies requirements and conditions for public sector entity to enter into contract with private sector entity. DIED IN SENATE COMMERCE AND WORKFORCE DEVELOPMENT. SB 809 Directs Attorney General to adopt standardized charging practices for use by district attorneys in charging persons with criminal offense. DIED IN SENATE JUDICIARY. 46 SB 916 Allows counties to change fees once every six months. REFERRED TO SENATE EDUCATION AND GENERAL GOVERNMENT. SENATE THIRD READING. PASSED. AYES 30. REFERRED TO HOUSE RULES. HOUSE THIRD READING. PASSED. AYES 46. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. SJR 3 Proposes amendment to Oregon Constitution to allow citizens to register to vote in election not later than day of election. DIED IN SENATE RULES. lb SJR 12 Proposes amendment to Oregon Constitution to allow citizens to register to vote in election not later than day of election. 4 DIED IN SENATE RULES. -20- Priority 3 Legislation HB 2052 Requires governmental entity establishing specified facilities to obtain advice from subcommittee of local public safety coordinating council. REFERRED TO HOUSE JUDICIARY. REFERRED TO HOUSE HUMAN SERVICES. HOUSE THIRD READING. PASSED. AYES 59. REFERRED TO SENATE HEALTH CARE AND VETERANS' AFFAIRS. SENATE THIRD READING. PASSED. AYES 28. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. HB 2107 Modifies maximum limit on amount of bonded indebtedness counties may incur for road improvements in unincorporated areas. REFERRED TO HOUSE REVENUE. HOUSE THIRD READING. PASSED. AYES 58. REFERRED TO SENATE FINANCE AND REVENUE. SENATE THIRD READING. PASSED. AYES 28. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 57. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. HB 2225 Directs Department of Land Conservation and Development to establish pilot program in which local governments may site and develop affordable housing. 0 DIED IN HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. HB 2229 Establishes main principles for state land use system. REFERRED TO HOUSE LAND USE, AND WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 53. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. SENATE THIRD READING. PASSED. AYES 17. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 45. SPEAKER SIGNED. PRESIDENT SIGNED. -21- HB 2230 Excludes from definition of "land use decision" local government decision that state agency permit is compatible with acknowledged comprehensive plan when local government decision is based on prior local approval of permit for substantially same action or if permit meets other specified criteria. REFERRED TO HOUSE LAND USE, AND WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 37. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. SENATE THIRD READING. PASSED. AYES 18. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 36. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. HB 2295 Directs counties to assume responsibility for supervision, sanctions and services of certain offenders subject to Interstate Compact for Adult Offender Supervision. DIED IN HOUSE JUDICIARY. HB 2342 Authorizes governing body of county to appoint person to fill vacancy in office of justice of peace if court on which justice of peace served is not court of record. • DIED IN HOUSE RULES. HB 2386 Directs Secretary of State to adopt electronic voter registration system. • REFERRED TO HOUSE RULES, AND WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 45. REFERRED TO SENATE RULES, AND WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON GENERAL GOVERNMENT. RETURNED TO FULL COMMITTEE. SENATE THIRD READING. PASSED. AYES 19. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 45. SPEAKER SIGNED. PRESIDENT SIGNED. r HB 2387 Allows governing body of county to adopt ordinance to allow county to pay all or part of expense of postage for return identification envelopes for ballots sent to electors registered in county. DIED IN HOUSE RULES. -22- 0 HB 2420 Establishes presumption that certain cancers are compensable occupational diseases for certain nonvolunteer firefighters. REFERRED TO HOUSE BUSINESS AND LABOR. HOUSE THIRD READING. PASSED. AYES 55. REFERRED TO SENATE COMMERCE AND WORKFORCE DEVELOPMENT. SENATE THIRD READING. PASSED. AYES 29. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 59. SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. HB 2429 Modifies qualifications for property tax exemptions for business firms eligible to participate in enterprise zone program. i REFERRED TO HOUSE BUSINESS AND LABOR, AND REVENUE. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. RETURNED TO FULL COMMITTEE. DIED IN HOUSE BUSINESS AND LABOR. HB 2449 Clarifies reasonable suspicion that suspicious physical injury to child maybe result of child abuse. REFERRED TO HOUSE HUMAN SERVICES. HOUSE THIRD READING. PASSED. AYES. 54. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 29. SPEAKER SIGNED. PRESIDENT SIGNED. + GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. HB 2450 Establishes tax credit of not more than $5,000 for physician, physician assistant or nurse practitioner who conducts child abuse medical assessments u REFERRED TO HOUSE HUMAN SERVICES, AND REVENUE. DIED IN HOUSE HUMAN SERVICES. E -23- HB 2451 Creates two full-time positions in Department of Justice for purpose of performing duties of designated medical professionals. M REFERRED TO HOUSE HUMAN SERVICES, AND WAYS AND MEANS. DIED IN HOUSE HUMAN SERVICES. HB 2474 Reduces discount on payment of property taxes. • DIED IN HOUSE REVENUE. HB 2549 Expands time period in which certain business firms must hire employees in order to qualify for long term rural enterprise zone tax exemption. M REFERRED TO HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT, AND REVENUE. DIED IN HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. HB 2633 Modifies definition of "supervisory employee" for purposes of public employee collective bargaining law. REFERRED TO HOUSE BUSINESS AND LABOR. HOUSE THIRD READING. PASSED. AYES 39. REFERRED TO SENATE COMMERCE AND WORKFORCE DEVELOPMENT. REFERRED TO SENATE RULES. DIED IN SENATE RULES. HB 2642 Limits maximum indebtedness of urban renewal plan to amount based on estimated cost of completing urban renewal projects listed in report accompanying plan. REFERRED TO HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT, AND REVENUE. DIED IN HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. HB 2643 Establishes procedure by which special taxing district maybe excluded from participation in urban renewal plan. REFERRED TO HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT, AND REVENUE. DIED IN HOUSE SUSTAINABILITY AND ECONOMIC DEVELOPMENT. -24- HB 2709 Repeals expedited bargaining process in collective bargaining between public employers and employees. I REFERRED TO HOUSE BUSINESS AND LABOR. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. RETURNED TO FULL COMMITTEE. DIED IN HOUSE BUSINESS AND LABOR. 0 HB 2713 Applies disciplinary action provisions to all public safety officers. REFERRED TO HOUSE JUDICIARY. HOUSE THIRD READING. PASSED. AYES 54. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 20. HOUSE CONCURRED IN SENATE AMENDMENTS. AYES 50. SPEAKER SIGNED. PRESIDENT SIGNED. HB 2750 Authorizes extension of sanitary sewer system to specified lots or parcels outside urban growth boundaries and outside unincorporated communities without taking exception to statewide land use planning goal relating to level of urban and rural public facilities and services. DIED IN HOUSE ENVIRONMENT AND WATER. HB 2831 Authorizes inclusion of temporary employees in definition of "appropriate bargaining unit" for purposes of collective bargaining between public employers and public employees. REFERRED TO HOUSE BUSINESS AND LABOR. HOUSE THIRD READING. PASSED. AYES 35. REFERRED TO SENATE COMMERCE AND WORKFORCE DEVELOPMENT. SENATE THIRD READING. FAILED. AYES 14. DIED IN SENATE COMMERCE AND WORKFORCE DEVELOPMENT. HB 2866 Eliminates expedited process for collective bargaining between public employer and certain employees. REFERRED TO HOUSE BUSINESS AND LABOR. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. • RETURNED TO FULL COMMITTEE. DIED IN HOUSE BUSINESS AND LABOR. -25- HB 2882 Authorizes weddings and other commercial gatherings that do not involve overnight stay, including siting of associated structures, under conditionally allowable use of land in exclusive farm use zone as private park. DIED IN HOUSE LAND USE. M HB 2890 Establishes meaning of "employee" for purposes of classification of workers. DIED IN HOUSE BUSINESS AND LABOR. HB 2908 Requires Commissioner of Bureau of Labor and Industries by order to set fee adequate to pay costs of education and enforcement related to prevailing wage law Be and in amount between 0.1 percent and 0.2 percent of contract price for public works. REFERRED TO HOUSE BUSINESS AND LABOR, AND WAYS AND MEANS. DIED IN HOUSE BUSINESS AND LABOR. M HB 2915 Modifies contents of statement of economic interest. N DIED IN HOUSE RULES. HB 2963 Prohibits deputy district attorneys from striking. REFERRED TO HOUSE BUSINESS AND LABOR. ASSIGNED TO SUBCOMMITTEE ON WORKFORCE DEVELOPMENT. RETURNED TO FULL COMMITTEE. HOUSE THIRD READING. PASSED. AYES 57. REFERRED TO SENATE COMMERCE AND WORKFORCE DEVELOPMENT. SENATE THIRD READING. PASSED. AYES 28. M SPEAKER SIGNED. PRESIDENT SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. 0 HB 2983 Permits counties to sell property tax lien certificates. REFERRED TO HOUSE CONSUMER PROTECTION, AND REVENUE. DIED IN HOUSE CONSUMER PROTECTION. r -26- HB 3011 Modifies definition of "legislative or administrative interest" and defines "candidate" for purposes of ethics laws. me DIED IN HOUSE RULES. HB 3042 Designates office of county commissioner as nonpartisan. DIED IN HOUSE RULES. HB 3069 Limits development of destination resort within three miles of Metolius River Basin. DIED IN HOUSE LAND USE. HB 3100 Approves recommendation of Land Conservation and Development Commission by designating area identified by commission recommendation as area of critical state concern. REFERRED TO HOUSE LAND USE, AND RULES. DIED IN HOUSE RULES. N HB 3102 Requires court to impose 300-month term of imprisonment for persons convicted more than once of certain felony sexual offenses. REFERRED TO HOUSE JUDICIARY, AND WAYS AND MEANS. DIED IN HOUSE JUDICIARY. a HB 3177 Provides that mandate to sell gasoline blended with ethanol does not apply to gasoline with octane rating of 91 or above. » REFERRED TO HOUSE ENVIRONMENT AND WATER. HOUSE THIRD READING. PASSED. AYES 55. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. » HB 3214 Authorizes counties to recover costs of property assessment and tax collection from taxing districts. DIED IN HOUSE REVENUE. r -27- HB 3221 Modifies siting requirements for destination resorts on or near agricultural lands. DIED IN HOUSE LAND USE. I• HB 3251 Authorizes counties to regulate, license and inspect health clubs. DIED IN HOUSE HEALTH CARE. HB 3277 Requires Department of Environmental Quality to conduct study of addition of ethanol to gasoline. DIED IN HOUSE ENVIRONMENT AND WATER. HB 3313 Extends deadline for owner of Metolius resort site to notify Department of Land Conservation and Development that owner has elected to seek approval of small- scale recreation community. Extends deadline for owner to apply to county for • approval of small-scale recreation community. Broadens type of land on which small-scale recreation community may be built and increases acreage upon which small-scale recreation community may be built. Clarifies certain development standards and expands list of types of development allowed in Skyline Forest Sustainable Development Area. • REFERRED TO HOUSE LAND USE. REFERRED TO HOUSE RULES. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON CAPITAL CONSTRUCTION AND INFO • TECHNOLOGY. RETURNED TO FULL COMMITTEE. HOUSE THIRD READING. PASSED. AYES 44. REFERRED TO WAYS AND MEANS. SENATE THIRD READING. PASSED. AYES 19. SPEAKER SIGNED. PRESIDENT SIGNED. HB 3336 Designates any elective county or city office as nonpartisan. • DIED IN HOUSE RULES. C) -28- i• • HB 3349 Requires that, if Department of Human Services provides funds to county for school-based health centers, department shall require county to allocate funds based on percentage of clients in county served by each center. REFERRED TO HOUSE HEALTH CARE, AND WAYS AND MEANS. DIED IN HOUSE HEALTH CARE. HB 3497 Provides that mandate to sell gasoline blended with ethanol does not apply to gasoline with octane rating of 91 or above. REFERRED TO HOUSE RULES. HOUSE THIRD READING. PASSED. AYES 58. REFERRED TO SENATE RULES. SENATE THIRD READING. PASSED. AYES 29. SPEAKER SIGNED. PRESIDENT SIGNED. • SB 31 Modifies required contents of statement of economic interest. DIED IN HOUSE RULES. i SIB 32 Provides that quarterly statements are not required to be filed if public official or candidate for public office has not received expenses, honoraria or income for applicable reporting period. • DIED IN HOUSE RULES. SIB 78 Creates County Services Planning Council composed of appointed and ex officio members. REFERRED TO SENATE FINANCE AND REVENUE. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON GENERAL GOVERNMENT. DIED IN WAYS AND MEANS. • SB 84 Requires public official to include on quarterly statements filed with Oregon Government Ethics Commission expenses received for speaking before organization as part of scheduled program. • DIED IN SENATE RULES. -29- 111* SIB 192 Modifies criteria by which owner of historic property may participate in historic property special assessment program. » REFERRED TO SENATE FINANCE AND REVENUE. SENATE THIRD READING. PASSED. AYES 22. REFERRED HOUSE REVENUE. HOUSE THIRD READING. PASSED. AYES 47. PRESIDENT SIGNED. ~ SPEAKER SIGNED. ND SB 265 Authorizes presiding judge of circuit court to establish mental health court program. REFERRED TO SENATE JUDICIARY, AND WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON PUBLIC SAFETY. DIED IN WAYS AND MEANS. Ili SB 269 Prescribes manner in which public body may require utility to relocate facilities located on property constituting highway right of way. REFERRED TO SENATE BUSINESS AND TRANSPORTATION. SENATE THIRD READING. PASSED. AYES 28. REFERRED TO HOUSE BUSINESS AND LABOR. HOUSE THIRD READING. PASSED. AYES 59. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. SB 321 Allows county, city or metropolitan service district to adopt instant runoff voting system for nomination or election of candidates to county, city or metropolitan service district office. DIED IN SENATE RULES. SB 401 Directs Department of Human Services to develop and implement plan to increase availability of supervision and treatment in underserved regions of state for persons conditionally released by Psychiatric Security Review Board. REFERRED TO SENATE HUMAN SERVICES, AND RURAL HEALTH PLAN. SENATE THIRD READING. PASSED. AYES 30. REFERRED TO HOUSE HUMAN SERVICES. HOUSE THIRD READING. PASSED. AYES 57. -30- PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. SB 402 Requires court or Psychiatric Security Review Board to place person found guilty or responsible except for insanity on conditional release in county of residence. 0 DIED IN SENATE JUDICIARY. SB 429 Eliminates option in destination resort development in eastern Oregon of guaranteeing construction of overnight lodging units by surety bonding as condition precedent to sale of individual homes, units or lots. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. a SB 430 Establishes moratorium on approval of permits for development of destination resort. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. 0 SB 431 Establishes additional requirements for destination resorts in eastern Oregon. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. SB 439 Directs Economic and Community Development Department to establish program to create airport tax increment financing districts, with approval of cities, counties and other local property taxing jurisdictions with taxable lands in district. 0 REFERRED TO SENATE BUSINESS AND TRANSPORTATION, AND FINANCE AND REVENUE. DIED IN SENATE BUSINESS AND TRANSPORTATION. -31- OR SB 449 Provides that U.S. Highway 97 in Oregon shall be known as World War II Veterans Historic Highway. REFERRED TO SENATE HEALTH CARE AND VETERANS' AFFAIRS. SENATE THIRD READING. PASSED. AYES 30. REFERRED TO HOUSE VETERANS AND EMERGENCY SERVICES. HOUSE THIRD READING. PASSED. AYES 48. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. SB 467 Prohibits local government from applying special approval criteria to single family dwelling solely because dwelling contains five or fewer roomer accommodations. DIED IN SENATE CONSUMER PROTECTION AND PUBLIC AFFAIRS. ~ SB 468 Requires health insurers, and Department of Human Services through state medical assistance program, to cover services performed using telemedicine. DIED IN SENATE HEALTH CARE AND VETERANS' AFFAIRS. SB 482 Requires local governments to establish safe drinking water overlay zones. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. SB 532 Directs Department of Justice to distribute moneys to local governments and agencies for methamphetamine and property crime prevention. REFERRED TO SENATE JUDICIARY, AND WAYS AND MEANS. DIED IN SENATE JUDICIARY. SB 563 Requires all interest on late payment of property taxes to be deposited in County Assessment and Taxation Fund. REFERRED TO SENATE FINANCE AND REVENUE. SENATE THIRD READING. PASSED. AYES 29. REFERRED TO HOUSE REVENUE. DIED IN HOUSE REVENUE. -32- SB 584 Requires additional persons to file statement of economic interest with Oregon Government Ethics Commission, including staff of commission, board members of public benefit corporations and statewide representatives of labor organizations. 0 DIED IN SENATE RULES. SB 616 Revises provisions regarding gifts in government ethics laws. J DIED IN SENATE RULES. SB 618 Exempts military discharge records from public records disclosure. REFERRED TO SENATE JUDICIARY. SENATE THIRD READING. PASSED. AYES 30. REFERRED TO HOUSE VETERANS AND EMERGENCY SERVICES. HOUSE THIRD READING. PASSED. AYES 56. SENATE CONCURRED IN HOUSE AMENDMENTS. AYES 28. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JUNE 24, 2009. 0 SB 629 Requires State Department of Agriculture to establish program for issuing grants to counties for noxious weed control. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES, AND WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON NATURAL RESOURCES. DIED IN WAYS AND MEANS. SB 642 Eliminates school district taxes from division of tax method of funding urban renewal projects. DIED IN SENATE FINANCE AND REVENUE. SB 651 Provides that public improvement contact for construction or certain reconstruction or renovation of public building is considered to contain amount equal to at least 1.5 percent of total contract price for inclusion of solar, geothermal or wind energy technology. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. -33- I♦ C SB 657 Authorizes local government to adopt exception to statewide land use goal without demonstrating that statutory standards for exception have been met for use that is necessary for employer of 10 or more employees under specified circumstance. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. SB 675 Requires governing bodies of counties and cities to adopt and implement solar access protection ordinances. DIED IN SENATE ENVIRONMENT AND NATURAL RESOURCES. SB 706 Requires that places of public accommodation allow customer access to employee toilet facilities if customer has certain medical conditions. DIED IN SENATE COMMERCE AND WORKFORCE DEVELOPMENT. 16 SB 719 Establishes Urban Growth Boundary Expansion Area Revolving Loan Fund. REFERRED TO SENATE COMMERCE AND WORKFORCE DEVELOPMENT. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON TRANSPORTATION AND ECONOMIC DEVELOPMENT. DIED IN WAYS AND MEANS. SB 741 Approves recommendation of Land Conservation and Development Commission ` that Metolius River Basin be designated area of critical state concern. REFERRED TO SENATE ENVIRONMENT AND NATURAL RESOURCES. REFERRED TO SENATE RULES. DIED IN SENATE RULES. 0 SB 801 Revises provisions regarding gifts in government ethics laws. DIED IN SENATE RULES. SB 808 Allows county to request that state assume responsibility for prosecution of offenses in county. DIED IN SENATE JUDICIARY. -34- I• SB 823 Extends time during which certain less restrictive qualifications apply to counties in which businesses seek development income tax exemption. 0 DIED IN SENATE FINANCE AND REVENUE. SB 833 Eliminates requirement for special relationship to establish liability of local government for economic injuries incurred by person acting in good faith reliance on negligent misrepresentation by local government of effect of comprehensive plan and land use regulations. DIED IN SENATE JUDICIARY. SB 846 Calculates maximum period of jurisdiction of Psychiatric Security Review Board over person found guilty except for insanity of offense based on sentence person would have received had person been convicted of crime. 0 DIED IN SENATE JUDICIARY. SB 851 Exempts county that fails to enforce public health laws due to lack of sufficient state funding from requirement that county reimburse Department of Human Services for enforcing laws when county fails to do so. 0 DIED IN SENATE HEALTH CARE AND VETERANS' AFFAIRS. SB 861 Requires State Parks and Recreation Director to enter into contracts or agreements 0 with certain local governments to provide payment to local government of amounts sufficient to cover costs of provision of certain services to state park, individual campsite or day use fee area by local government. DIED IN SENATE EDUCATION AND GENERAL GOVERNMENT. -35- I• u ~01 SB 911 Requires Department of Human Services to adopt rules applicable to secure community facilities housing persons under jurisdiction of Psychiatric Security Review Board. REFERRED TO SENATE HEALTH CARE AND VETERANS' AFFAIRS. SENATE THIRD READING. PASSED. AYES 29. REFERRED TO HOUSE HUMAN SERVICES. HOUSE THIRD READING. PASSED. AYES 57. PRESIDENT SIGNED. SPEAKER SIGNED. GOVERNOR SIGNED. EFFECTIVE JANUARY 1, 2010. is SB 979 Provides that mandate to sell gasoline blended with ethanol does not apply to gasoline with octane rating of 91 or above. 0 DIED IN SENATE RULES. SIB 983 Authorizes development of Skyline Forest Sustainable Development Area. DIED IN SENATE RULES. SB 5529 Appropriates moneys from General Fund to Department of Human Services for certain biennial expenses. REFERRED TO WAYS AND MEANS. ASSIGNED TO SUBCOMMITTEE ON HUMAN SERVICES. RETURNED TO FULL COMMITTEE. SENATE THIRD READING. PASSED. AYES 22. REFERRED TO WAYS AND MEANS. HOUSE THIRD READING. PASSED. AYES 39. PRESIDENT SIGNED. SPEAKER SIGNED. 0 -36-