2015-179-Minutes for Meeting February 10,2015 Recorded 5/14/2015 DESCHUTES P RECORDS
COUNTY CLERK �����
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COMMISSIONERS JOURNAL 05/14/2015 08'17'51 AM
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Deschutes Count y Clerk
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N/ 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 MEETING
DESCHUTES COUNTY BOARD OF COMMISSIONERS
DATE/TIME: Tues., February 10,2015 7:30 AM LOCATION: Allen Room
DEPARTMENT OR GROUP: BOCC & Administration
ATTENDEES: See attached roster.
PURPOSE OF MEETING: Legislative Update
ITEMS DISCUSSED:
1. Central Oregon Legislator's Update
2. Deschutes County Commissioner's Update
3. Deschutes County Department 2015 Priorities
See attached agenda for additional details.
ACTION(S) TAKEN BY BOARD: None.
FOLLOW-UP REQUIRED:
1. County Clerk to provide estimate of cost to County to implement HB 2179.
2. Board of Commissioners to discuss COIC legislative concept for transportation
funding and determine County position.
3. Staff to forward talking points and name of coalition leaders for #2 priorities to
Public Affairs Counsel.
4. Next legislative meeting to be held on February 17, 2015 at 7:30 a.m. in Allen
Room.
REPORT COMPLETED/SUBMITTED BY: Judith Ure
BOCC- 7-03 PLEASE RETURN COMPLETED FORM TO THE BOCC SECRETARY
Deschutes County Board of Commissioners
Legislative Update
2/10/2015
Attendees
On site:
Tammy Baney, Commissioner
Alan Unger, Commissioner
Torn Anderson, Administrative Services
David Doyle, County Counsel
Wayne Lowry, Finance Department
David Givans, Auditor
Timm Schimke, Solid Waste Department
Nancy Blankenship, Clerk's Office
Erik Kropp, Administrative Services
Chris Doty, Road Department
Nick Lelack, Community Development Department
DeAnn Carr, Health Services Department
Jane Smilie, Health Services Department
Jennifer Stevens, Representative Knute Buehler
Judith Ure, Administrative Services
Dennis Luke, Past Commissioner/Citizen
Via telephone:
Tim Knopp, State Senator
Ted Ferrioli, State Senator
Mike McLane, State Representative
Knute Buehler, State Representative
Gene Whisnant, State Representative
John Huffman, State Representative
Tony DeBone, Commissioner
Mark Nelson, Public Affairs Counsel
Justen Rainey, Public Affairs Counsel
BOCC- 7-03 PLEASE RETURN COMPLETED FORM TO THE BOCC SECRETARY
DATED this t(° day of 2015 for the
Deschutes County Board of Commissioners.
ad-ceeego
ANTHONY DEBONE, Chair
Cdtto"----
ALAN UNGER, Vice Chair
TAMMY BA , Commis.ner
ATTEST:
(87fitiAAL
Recording Secretary
PUBLIC AFFAIRS
c O U N S, E L
Deschutes County Agenda
Tuesday,February 10,2015
7:30am
1-866-279-1568
*8678842*
I. CENTRAL OREGON LEGISLATOR'S UPDATE
a. Update from Legislators
IL DESCHUTES COUNTY COMMISSIONERS UPDATE
a. Update on Commissioner's Priorities
III. DESCHUTES COUNTY DEPARTMENT 2015 PRIORITIES
a. Priority I Bills(2 Bills)
i. HB 2337: Modifies the number of circuit court judges in certain judicial
districts. (Oppose)
ii. SB 359: Limits amount of appeal fee city or county may charge for quasi-
judicial review of the city or county land use application. (Oppose)
b. Priority 2 Bills
i. HB 2401: Provides that local governments may prohibit medical marijuana
facilities from being located near schools. (Support)
ii. HB 2133: Removes requirement that 70 percent of revenue from lodging tax
be used to fund tourism. (Support)
iii. HB 2160/HB 2162: Removes prohibition against imposition of taxes by
county on cigarette or tobacco products. (Support)—Public Affairs Counsel
Conflict
iv. HB 2161: Authorizes count to charge a fee not to exceed actual costs for
recording certain instruments. (Oppose)
v. HB 2235: Limits review by Land Use Board of Appeals of land decisions and
limited land use decisions changing comprehensive plans and land use issues
raised during the local planning process. (Support)
vi. JIB 2239: Requires court to appoint interpreter and provide appropriate
communication device when necessary for crime victim who seeks to exercise
certain constitutional rights. (Support)
to appraise industrial property if
vii. HB 2482: Requires Department of Revenue o app p p y
improvements have real market value of more than$1 million. (Support)
viii. HB 2484: Extends due date to March 15 for filing of certain property tax
returns. (Support)
ix. HB 2487: Requires correction of maximum assessed value due to correction
of square footage on property to be proportional to change in real market
value. (Support)
x. IIB 2651: Requires police officer or certified reserve officer employed or
utilized by law enforcement unit that employs at least 20 police officers to
have an associate degree. (Oppose)
xi. SB 27: Resolves certain contradictory provisions applicable to duties of the
county clerk. (Support)
xii. SB 28: Clarifies that the county clerk may use elector registration records,
rather than physical registration cards. (Support)
xiii. SB 210: Allows applicant to obtain expedited review of certain applications
by filing a request and paying a fee. (Oppose)
xiv. SB 246: Authorizes Environmental Quality Commission to develop low-
interest loan program to complete on-site septic system repairs, replacements,
or upgrades. (Support)
xv. SB 440: Requires Oregon I-Iealth Policy Board to establish Health Plan
Quality Metrics Committee to develop health outcome and quality measures
for CCO organizations for plans offered by PEBB and OEBB. (Support)
IV. NEXT MEETING
a. Tuesday, February 17, 2015 at 7:30am
2
78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
House Bill 2337
Introduced and printed pursuant to House Rule 12.00. Presession tiled(at the request of House Interim Committee
on Judiciary for Judicial Department)
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 number of circuit court judges in certain judicial districts.
Declares emergency, effective on passage.
1 A BILL FOR AN ACT
2 Relating to the establishment of circuit court judge positions; creating new provisions; amending
3 ORS 3.012; and declaring an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 3.012 is amended to read:
6 3.012. (1) The judicial districts, the counties constituting the judicial districts and the number
7 of circuit court judges for each judicial district are as follows:
8 (a) The first judicial district consists of Jackson County and has nine judges.
9 (b) The second judicial district consists of Lane County and has 15 judges.
10 (c) The third judicial district consists of Marion County and has [14] 15 judges.
11 (d) The fourth judicial district consists of Multnomah Cuunty and has [38] 39 judges.
12 (e) The fifth judicial district consists of Clackamas County and has 11 judges.
13 (0 The sixth judicial district consists of the counties of Morrow and Umatilla and has five
14 judges.
15 (g) The seventh judicial district consists of the counties of Gilliam,Hood River, Sherman, Wasco
16 and Wheeler and has four judges.
17 (h) The eighth judicial district consists of Baker County and has one judge.
18 (i) The ninth judicial district consists of Malheur County and has two judges.
19 (j)The tenth judicial district consists of the counties of Union and Wallowa and has two judges.
20 (k) The eleventh judicial district consists of Deschutes County and has seven judges.
21 (L) The twelfth judicial district consists of Polk County and has three judges.
22 (m) The thirteenth judicial district consists of Klamath County and has five judges.
23 (n) The fourteenth judicial district consists of Josephine County and has four judges.
24 (o) The fifteenth judicial district consists of the counties of Coos and Curry and has six judges.
25 (p) The sixteenth judicial district consists of Douglas County and has five judges.
26 (q) The seventeenth judicial district consists of Lincoln County and has three judges.
27 (r) The eighteenth judicial district consists of Clatsop County and has three judges.
28 (s) The nineteenth judicial district consists of Columbia County and has three judges.
29 (t) The twentieth judicial district consists of Washington County and has [14] 15 judges.
30 (u) The twenty-first judicial district consists of Benton County and has three judges.
31 (v) The twenty-second judicial district consists of the counties of Crook and Jefferson and has
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 708
3
HB 2337
1 three judges.
2 (w) The twenty-third judicial district consists of Linn County and has five judges.
3 (x) 'The twenty-fourth judicial district consists of the counties of Grant and Harney and has one
4 judge.
5 (y) The twenty-fifth judicial district consists of Yamhill County and has four judges.
6 (z) The twenty-sixth judicial district consists of Lake County and has one judge.
7 (aa) The twenty-seventh judicial district consists of Tillamook County and has two judges.
8 (2) The Secretary of State shall designate position numbers equal to the number of judges in
9 each of the judicial districts established by this section. The positions shall reflect any qualifications
10 established by ORS 3.041.
11 SECTION 2. The amendments to ORS 3.012 by section 1 of this 2015 Act become operative
12 on the first Monday in January 2017, except that the provisions for new circuit court judges
13 are operative on the effective date of this 2015 Act for the purposes of nominating and
14 electing new judges in 2016 to assume the duties of the office on the first Monday in January
15 2017.
16 SECTION 3. In addition to and not in lieu of any other appropriation, there is appropri-
17 ated to the Judicial Department, for the biennium beginning July 1, 2015, out of the General
18 Fund, the amount of $ , which may be expended to pay the salaries and benefits for
19 the new judicial positions created by the amendments to ORS 3.012 by section 1 of this 2015
20 Act, the salaries and benefits for the support staff required for those positions and the cost
21 of equipment and furnishings necessary for those positions.
22 SECTION 4. This 2015 Act being necessary for the immediate preservation of the public
2.3 peace, health and safety, an emergency is declared to exist, and this 2015 Act takes effect
24 on its passage.
25
[2]
4
78th OREGON LEGISLATIVE ASSEMBLY--2015 Regular Session
Senate Bill 359
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.
Limits amount of appeal fee that city or county may charge for quasi-judicial review of city or
county decisions on land use application. Requires city or county to refund appeals fee and PP tran-
script fee when appellate authority of city or county declines to review decision.
Prohibits city or county from charging fee for appeal of final decision of city or county to Land
Use Board of Appeals.
1 A BILL FOR AN ACT
2 Relating to fees for appeal of local land use decisions; creating new provisions; and amending ORS
3 197.835, 215.422 and 227.180.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 215.422 is amended to read:
6 215.422. [(1)(a)A party aggrieved by the action of a hearings officer or other decision-making au-
7 thority may appeal the action to the planning commission or county governing body, or both, however
8 the governing body prescribes. The appellate authority on its own motion may review the action. The
9 procedure and type of hearing for such an appeal or review shall be prescribed by the governing body,
10 but shall not require the notice of appeal to be filed within less than seven days after the date the
11 governing body mails or delivers the decision to the parties.]
12 [(b) Notwithstanding paragraph (a) of this subsection, the governing body may provide that the
13 decision of a hearings officer or other decision-making authority is the final determination of the
14 county.]
15 [(c) The governing body may prescribe, by ordinance or regulation,fees to defray the costs incurred
16 in acting upon an appeal from a hearings officer,planning commission or other designated person. The
17 amount of the fee shall be reasonable and shall be no more than the average cost of such appeals or
18 the actual cost of the appeal, excluding the cost of preparation of a written transcript. The governing
19 body may establish a fee for the preparation of a written transcript. The fee shall be reasonable and
20 shall not exceed the actual cost of preparing the transcript up to$500. In lieu of a transcript prepared
21 by the governing body and the fee therefor, the governing body shall allow any party to an appeal
22 proceeding held on the record to prepare a transcript of relevant portions of the proceedings conducted
23 at a lower level at the party's own expense. If an appellant prevails at a hearing or on appeal, the
24 transcript fee shall be refunded.]
25 [(2) A party aggrieved by the final determination may have the determination reviewed in the
26 manner provided in ORS 197.830 to 197.845.]
27 (1) The governing body of a county, by ordinance or resolution, may:
28 (a) Provide that the decision of a hearings officer or other decision-making authority of
NOTE: Matter in boldfaced type in an amended section is new;matter[italic and bracketed]is existing law to he omitted.
New sections are in boldfaced type.
LC 308
5
SB 359
1 the county is the final determination of the county; or
2 (b) Choose to act, or designate another entity to act, as an appellate authority to review
3 the decision of a hearings officer or other decision-making authority.
4 (2) If the governing body of the county establishes an appellate authority pursuant to
5 subsection (1)(b) of this section, the governing body of the county, by ordinance or resol-
6 ution, shall prescribe the procedure and type of hearing to provide for review of a decision
7 of a hearings officer or other decision-making authority, but the governing body may not
8 require that a notice of appeal be filed less than seven days after the date the county mails
9 or delivers the decision to the parties.
10 (3) If the governing body of the county establishes an appellate authority pursuant to
11 subsection (1)(b) of this section:
12 (a) A party aggrieved by the action of a hearings officer or other decision-making au-
13 thority may appeal the decision to the appellate authority; or
14 (b) The appellate authority may review the decision on its own motion.
15 (4) To defray the costs incurred in acting upon an appeal from a hearings officer or other
16 decision-making authority, the governing body of the county,by ordinance or resolution,may
17 prescribe:
18 (a) A reasonable fee that does not exceed 10 percent of the original application fee or
19 $1,000, whichever is less, and that excludes the cost to prepare a written transcript of the
20 proceedings to be reviewed.
21 (b) A reasonable fee for the preparation of a written transcript of the proceedings to be
22 reviewed that does not exceed the actual cost of preparing the transcript or$500, whichever
23 is less.
24 (5) If an appellate authority of a county declines to review the decision of a hearings of-
25 fiver or other decision-making authority, the county shall refund the full amount of appeal
26 and transcript fees collected by the county.
27 (6) In lieu of having the county prepare a transcript,a party to an appeal proceeding held
28 on the record may elect to prepare, at the party's own expense, a transcript of relevant
29 portions of the proceedings conducted at a lower level. The county still may charge the
30 transcript fee,but the county shall refund the transcript fee if the party prevails on appeal.
31 [(3)] (7) [No] A decision or action of a planning commission or [county governing body shall be]
32 the governing body of a county is not invalid due to ex parte contact or bias resulting from ex
33 parte contact with a member of the decision-making body, if the member of the decision-making body
34 receiving the contact:
35 (a) Places on the record the substance of any written or oral ex parte communications con-
36 cerning the decision or action; and
37 (b) Has a public announcement of the content of the communication and of the parties' right to
38 rebut the substance of the communication made at the first hearing following the communication
39 [where] at which action will be considered or taken on the subject to which the communication
40 related.
41 [(4)] (8) A communication between county staff and the planning commission or governing body
42 [shall not be considered] is not an ex parte contact for the purposes of subsection [(3)] (7) of this
43 section.
44 [(5)] (9) Subsection [(3)] (7) of this section does not apply to ex parte contact with a hearings
45 officer approved under ORS 215.406 (1).
[21
6
SB 359
1 (10) A party aggrieved by the final decision of a county may have the final decision re-
2 viewed by the Land Use Board of Appeals in the manner provided in ORS 197.830 to 197.845.
3 (11) A county may not charge a fee for appeal of a final decision of the county to the
4 board.
5 (12) A fee prescribed under this section may not exceed the actual cost to the county for
6 providing the service.
7 SECTION 2. ORS 227.180 is amended to read:
8 227,180. [(1)(a) A party aggrieved by the action of a hearings officer may appeal the action to the
9 planning commission or council of the city, or both, however the council prescribes. The appellate
10 authority on its own motion may review the action. The procedure for such an appeal or review shall
11 be prescribed by the council, but shall:]
12 [(A) Not require that the appeal be filed within less than seven days after the date the governing
13 body mails or delivers the decision of the hearings officer to the parties;]
14 [(B) Require a hearing at least for argument; and]
15 [(C) Require that upon appeal or review the appellate authority consider the record of the hearings
16 officer's action. That record need not set forth evidence verbatim.]
17 [(b)Notwithstanding paragraph (a) of this subsection, the council may provide that the decision of
18 a hearings officer or other decision-making authority in a proceeding for a discretionary permit or zone
19 change is the final determination of the city.]
20 [(c) The governing body may prescribe, by ordinance or regulation,fees to defray the costs incurred
21 in acting upon an appeal from a hearings officer,planning commission or other designated person. The
22 amount of the fee shall be reasonable and shall be no more than the average cost of such appeals or
23 the actual cost of the appeal, excluding the cost of preparation of a written transcript. The governing
24 body may establish a fee for the preparation of a written transcript. The fee shall be reasonable and
25 shall not exceed the actual cost of preparing the transcript up to $500. In lieu of a transcript prepared
26 by the governing body and the fee therefor, the governing body shall allow any party to an appeal
27 proceeding held on the record to prepare a transcript of relevant portions of the proceedings conducted
28 at a lower level at the party's own expense. If an appellant prevails at a hearing or on appeal, the
29 transcript fee shall be refunded.]
30 [(2)A party aggrieved by the final determination in a proceeding for a discretionary permit or zone
31 change may have the determination reviewed under ORS 197.830 to 197.845.]
32 (1) The governing body of a city, by ordinance or resolution, may:
33 (a) Provide that the decision of a hearings officer or other decision-making authority of
34 the city is the final determination of the city; or
35 (b) Choose to act, or designate another entity to act, as an appellate authority to review
36 the decision of a hearings officer or other decision-making authority.
37 (2) If the governing body of the city establishes an appellate authority pursuant to sub-
38 section (1)(b) of this section, the governing body of the city, by ordinance or resolution,shall
39 prescribe the procedure and type of hearing to provide for review of a decision of a hearings
40 officer or other decision-making authority, but the governing body may not require that a
41 notice of appeal be filed less than seven days after the date the city mails or delivers the
42 decision to the parties.
43 (3) If the governing body of the city establishes an appellate authority pursuant to sub-
44 section (1)(b) of this section:
45 (a) A party aggrieved by the action of a hearings officer or other decision-making au-
[3]
7
SB 359
1 thority may appeal the decision to the appellate authority; or
2 (b) The appellate authority may review the decision on its own motion.
3 (4) To defray the costs incurred in acting upon an appeal from a hearings officer or other
4 decision-making authority, the governing body of the city, by ordinance or resolution, may
5 prescribe:
6 (a) A reasonable fee that does not exceed 10 percent of the original application fee or
7 $1,000, whichever is less, and that excludes the cost to prepare a written transcript of the
8 proceedings to be reviewed.
9 (b) A reasonable fee for the preparation of a written transcript of the proceedings to be
10 reviewed that does not exceed the actual cost of preparing the transcript or$500,whichever
11 is less.
12 (5) If an appellate authority of a city declines to review the decision of a hearings officer
13 or other decision-making authority, the city shall refund the full amount of appeal and
14 transcript fees collected by the city.
15 (6) In lieu of having the city prepare a transcript, a party to an appeal proceeding held
16 on the record may elect to prepare, at the party's own expense, a transcript of relevant
17 portions of the proceedings conducted at a lower level. The city still may charge the tran-
18 script fee, but the city shall refund the transcript fee if the party prevails on appeal.
19 [(3)] (7) [No]A decision or action of a planning commission or [city governing body shall be] the
20 governing body of a city is not invalid due to ex parte contact or bias resulting from ex parte
21 contact with a member of the decision-making body, if the member of the decision-making body re-
22 ceiving the contact:
23 (a) Places on the record the substance of any written or oral ex parte communications con-
24 cerning the decision or action; and
25 (b) Has a public announcement of the content of the communication and of the parties' right to
26 rebut the substance of the communication made at the first hearing following the communication
27 [where] at which action will be considered or taken on the subject to which the communication
28 related.
29 [(4)] (8) A communication between city staff and the planning commission or governing body
30 [shall not be considered] is not an ex parte contact for the purposes of subsection [(3)] (7) of this
31 section.
32 [(5)] (9) Subsection [(3)] (7) of this section does not apply to ex parte contact with a hearings
33 officer.
34 (10)A party aggrieved by the final decision of a city may have the final decision reviewed
35 by the Land Use Board of Appeals in the manner provided in ORS 197.830 to 197.845.
36 (11) A city may not charge a fee for appeal of a final decision of the city to the board.
37 (12) A fee prescribed under this section may not exceed the actual cost to the city for
38 providing the service.
39 SECTION 3. ORS 197.835 is amended to read:
40 197.835. (1) The Land Use Board of Appeals shall review the land use decision or limited land
41 use decision and prepare a final order affirming, reversing or remanding the land use decision or
42 limited land use decision. The board shall adopt rules defining the circumstances in which it will
43 reverse rather than remand a land use decision or limited land use decision that is not affirmed.
44 (2)(a) Review of a decision under ORS 197.830 to 197.845 shall be confined to the record.
45 (b) In the case of disputed allegations of standing, unconstitutionality of the decision, ex parte
[4]
8
SS 359
1 contacts, actions described in subsection (10)(a)(B) of this section or other procedural irregularities
2 not shown in the record that, if proved, would warrant reversal or remand, the board may take ev-
3 idence and make findings of fact on those allegations. The board shall be bound by any finding of
4 fact of the local government, special district or state agency for which there is substantial evidence
5 in the whole record.
6 (3) Issues shall be limited to those raised by any participant before the local hearings body as
7 provided by ORS 197.195 or 197.763, whichever is applicable.
8 (4) A petitioner may raise new issues to the board if:
9 (a) The local government failed to list the applicable criteria for a decision under ORS 197.195
10 (3)(c) or 197.763 (3)(b), in which case a petitioner may raise new issues based upon applicable crite-
11 ria that were omitted from the notice. However, the board may refuse to allow new issues to be
12 raised if it finds that the issue could have been raised before the local government; or
13 (b)The local government made a land use decision or limited land use decision which is different
14 from the proposal described in the notice to such a degree that the notice of the proposed action
15 did not reasonably describe the local government's final action.
16 (5) The board shall reverse or remand a land use decision not subject to an acknowledged
17 comprehensive plan and land use regulations if the decision does not comply with the goals. The
18 board shall reverse or remand a land use decision or limited land use decision subject to an ac-
19 knowledged comprehensive plan or land use regulation if the decision does not comply with the
20 goals and the Land Conservation and Development Commission has issued an order under ORS
21 197.320 or adopted a new or amended goal under ORS 197.245 requiring the local government to
22 apply the goals to the type of decision being challenged.
23 (6) The board shall reverse or remand an amendment to a comprehensive plan if the amendment
24 is not in compliance with the goals.
25 (7) The board shall reverse or remand an amendment to a land use regulation or the adoption
26 of a new land use regulation if:
27 (a) The regulation is not in compliance with the comprehensive plan; or
28 (b) The comprehensive plan does not contain specific policies or other provisions which provide
29 the basis for the regulation, and the regulation is not in compliance with the statewide planning
30 goals.
31 (8) The board shall reverse or remand a decision involving the application of a plan or land use
32 regulation provision if the decision is not in compliance with applicable provisions of the compre-
33 hensive plan or land use regulations.
34 (9) In addition to the review under subsections (1) to (8) of this section, the board shall reverse
35 or remand the land use decision under review if the board finds:
36 (a) The local government or special district:
37 (A) Exceeded its jurisdiction;
38 (B) Failed to follow the procedures applicable to the matter before it in a manner that preju-
39 diced the substantial rights of the petitioner;
40 (C) Made a decision not supported by substantial evidence in the whole record;
41 (D) Improperly construed the applicable law; or
42 (E) Made an unconstitutional decision; or
43 (b) The state agency made a decision that violated the goals.
44 (10)(a) The board shall reverse a local government decision and order the local government to
45 grant approval of an application for development denied by the local government if the hoard finds:
[5)
9
SB 359
1 (A) Based on the evidence in the record, that the local government decision is outside the range
2 of discretion allowed the local government under its comprehensive plan and implementing ordi-
3 nances; or
4 (B) That the local government's action was for the purpose of avoiding the requirements of ORS
5 215.427 or 227.178.
6 (h) If the board does reverse the decision and orders the local government to grant approval of
7 the application, the board shall award attorney fees to the applicant and against the local govern-
8 ment.
9 (11)(a) Whenever the findings, order and record are sufficient to allow review, and to the extent
10 possible consistent with the time requirements of ORS 197.830 (14), the board shall decide all issues
11 presented to it when reversing or remanding a land use decision described in subsections (2) to (9)
12 of this section or limited land use decision described in ORS 197.828 and 197.195.
13 (b) Whenever the findings are defective because of failure to recite adequate facts or legal
14 conclusions or failure to adequately identify the standards or their relation to the facts, but the
15 parties identify relevant evidence in the record which clearly supports the decision or a part of the
16 decision, the board shall affirm the decision or the part of the decision supported by the record and
17 remand the remainder to the local government, with direction indicating appropriate remedial
18 action.
19 (12) The board may reverse or remand a land use decision under review due to ex parte contacts
20 or bias resulting from ex parte contacts with a member of the decision-making body, only if the
21 member of the decision-making body did not comply with ORS 215.422 [(3)] (7) or 227.180 [(3)] (7),
22 whichever is applicable.
23 (13) Subsection (12) of this section does not apply to reverse or remand of a land use decision
24 due to ex parte contact or bias resulting from ex parte contact with a hearings officer.
25 (14) The board shall reverse or remand a land use decision or limited land use decision which
26 violates a commission order issued under ORS 197.328.
27 (15) In cases in which a local government provides a quasi-judicial land use hearing on a limited
28 land use decision, the requirements of subsections (12) and (13) of this section apply.
29 (16) The board may decide cases before it by means of memorandum decisions and shall prepare
30 full opinions only in such cases as it deems proper.
31 SECTION 4. The amendments to ORS 197.835,215.422 and 227.180 by sections 1 to 3 of this
32 2015 Act apply to quasi-judicial review by a city or county of the decisions made by a hearings
33 officer or other decision-making authority at the city or county level on and after the ef-
34 fective date of this 2015 Act.
35
[6]
10
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Deschutes County
HB 2337 Position Priority Date Input
Bill Info Oppose 1 1/16/15
Summary: Modifies number of circuit court judges in certain judicial districts.
Status:
1/16/15 H-Referred to Judiciary with subsequent referral to Ways and Means.
1/12/15 H-First reading.Referred to Speaker's desk,
SB 0359 Position Priority Date Input
Bill Info Oppose 1 1/16/15
Summary: Limits amount of appeal fee that city or county may charge for quasi-judicial review of
city or county decisions on land use application.
Status:
1/20/15 S-Referred to Judiciary.
1/12/15 S-Introduction and first reading.Referred to President's desk.
HB 2041 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Provides that local governments may prohibit medical marijuana facilities and
producers, processors and sellers of marijuana from being located within one mile of
school,
Status:
1/16/15 H-Referred to Implementing Measure 91.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2133 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Removes requirement that 70 percent of net revenue from new or increased local
transient lodging tax be used to fund tourism promotion or tourism-related facilities.
Status:
1/16/15 H-Referred to Transportation and Economic Development with subsequent referral
to Revenue.
1/12/15 H-First reading. Referred to Speaker's desk.
HB 2142 Position Priority Date Input
Bill Info Neutral 2 1/16/15
Summary: Specifies ballot title for Joint Resolution (2015)(LC 335).
Status:
1/16/15 H-Referred to Rules.
1/12/15 H-First reading.Referred to Speaker's desk,
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a.
Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 2160 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Removes prohibition against imposition of taxes by county on cigarettes and tobacco
products.
Status:
1/16/15 H-Referred to Revenue.
1/12/15 I-First reading.Referred to Speaker's desk.
HB 2161 Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Authorizes county to charge fee not to exceed actual cost to county of recording certain
instruments.
Status:
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2162 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Removes prohibition against local government imposition of taxes on cigarettes and
tobacco products.
Status:
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2235 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Limits review by Land Use Board of Appeals of land use decisions and limited land
use decisions changing comprehensive plans and land use regulations to issues raised
during local planning process.
Status:
1/16/15 H-Referred to Rural Communities, Land Use and Water.
1/12/15 H-First reading.Referred to Speaker's desk.
H13 2339 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Requires court to appoint interpreter and provide appropriate assistive communication
device when necessary for crime victim who seeks to exercise certain constitutional
rights in open court.
Status:
2/2/15 H-Public Hearing and Work Session held.
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading. Referred to Speaker's desk,
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Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 2482 Position Priority Date Input
Bill Info Support 2 1/14/15
Summary: Requires Department of Revenue to appraise industrial property if improvements have
real market value of more than$1 million,unless appraisal delegated to county upon
request of county assessor.
Status:
2/9/15 H-Public Hearing scheduled.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
FIB 2484 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Extends due date to March 15 for filing of certain property tax returns.
Status:
2/9/15 H-Public Hearing scheduled.
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading.Referred to Speaker's desk.
HB 2487 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Requires correction of maximum assessed value due to correction of square footage of
property to be proportional to change in real market value of property that is due to
correction of square footage.
Status:
1/16/15 H-Referred to Revenue.
1/12/15 H-First reading. Referred to Speaker's desk.
HB 2651 Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Requires police officer or certified reserve officer employed or utilized by law
enforcement unit that employs at least 20 police officers to have associate degree.
Status:
1/16/15 H-Referred to Judiciary,
1/12/15 H-First reading. Referred to Speaker's desk.
HB 2701 Position Priority Date Input
Bill Info Neutral 2 1/16/15
Summary: Increases number of sessions with mental health professional that law enforcement
agency must pay for and requires involved officer to attend all sessions.
Status:
1/16/15 H-Referred to Judiciary.
1/12/15 H-First reading.Referred to Speaker's desk.
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Public Affairs Counsel
2015 Regular Session
Bill Summary Report
HB 5015 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Appropriates moneys from General Fund to Department of Justice for biennial
expenses of district attorneys.
Status:
1/29/15 H-Assigned to Subcommittee On Public Safety.
1/16/15 H-Referred to Ways and Means,
1/12/15 H-First reading.Referred to Speaker's desk.
SB 0027 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Resolves certain contradictory provisions applicable to duties of county clerk.
Status:
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0028 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Clarifies that county clerk may use elector's registration record,rather than
physical registration card,to authenticate signatures.
Status:
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0029 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Establishes procedures for electing precinct committeepersons.
Status:
1/20/15 S-Referred to Rules.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0067 Position Priority Date Input
Bill Info Support 2 1/15/15
Summary: Changes certain ballot markings from"Presidential only"to"Federal
only."a.
Status:
1/20/15 S-Referred to Rules.
1/12/15 5-Introduction and first reading.Referred to President's desk.
SB 0130 Position Priority Date Input
Bill Info Neutral 2 1/15/15
Summary: Repeals state preemption of charter and statutory authority of local governments to set
minimum wage requirements.
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Public Affairs Counsel
2015 Regular Session
Bill Summary Report
Status:
1/20/15 S-Referred to Workforce.
1/12/15 S-Introduction and first reading,Referred to President's desk.
SB 0210 Position Priority Date Input
Bill Info Oppose 2 1/16/15
Summary: Allows applicant to obtain expedited review of certain applications by filing request
and paying fee.
Status:
1/20/15 S-Referred to Environment and Natural Resources.
1/12/15 S-Introduction and first reading.Referred to President's desk,
SB 0246 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Authorizes Environmental Quality Commission to develop low-interest loan program
to complete on-site septic system repairs,replacements or upgrades.
Status:
1/20/15 S-Referred to Environment and Natural Resources,then Ways and Means.
1/12/15 S-Introduction and first reading.Referred to President's desk.
SB 0440 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Requires Oregon Health Policy Board to establish Health Plan Quality Metrics
Committee to develop health outcome and quality measures for coordinated care
organizations and plans offered by Public Employees'Benefit Board and Oregon
Educators Benefit Board.
Status:
1/20/15 S-Referred to Health Care.
1/12/15 S-Introduction and first reading. Referred to President's desk.
SB 5505 Position Priority Date Input
Bill Info Support 2 1/16/15
Summary: Directs distribution of moneys from Criminal Fine Account.
Status:
1/29/15 S-Assigned to Subcommittee On Capital Construction.
1/20/15 S-Referred to Ways and Means.
1/12/15 S-Introduction and first reading.Referred to President's desk.
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