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HomeMy WebLinkAboutLegislative UpdateDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT 1 For Board Business Meeting of February 4, 2013 I Please see directions for completing this document on the next page. DATE: February 1,2013 FROM: Judith Ure Administrative Services 541-330-4627 TITLE OF AGENDA ITEM: Discussion of legislative positions and priorities. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: The 20131egislative session is scheduled to begin on February 4,2013. Bills to be considered during the session must be filed by February 21,2013; however, a large number have already been introduced. Of these, many have been identified by Public Affairs Counsel (PAC), the County's contract lobbying firm, and/or individual County departments as potentially having some impact or significance to the County. A list ofthese initial bills has been provided to the Board of County Commissioners for review. The list includes department recommendations and comments, when provided, regarding the positions and priorities the Board may wish to assign to each issue. As new bills are introduced and additional information is received, the list will be updated and the Board will have further opportunities to establish or revise its legislative positions and priorities as appropriate. FISCAL IMPLICATIONS: None. I i RECOMMENDATION & ACTION REQUESTED: Assign positions and priorities to each of the identified bills included on the preliminary legislative issues list. ATTENDANCE: Judith Ure DISTRIBUTION OF DOCUMENTS: N/A Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date 4 HB 2028 Annexation Prohibits city or district from requiring consent by landowner to eventual annexation in exchange for providing extraterritorial service when city or district is providing service on behalf of another local government pursuant to intergovernmental agreement. Declares consent by landowner to annexation obtained by city or district prior to effective date of Act void if consent was demanded for service provided outside boundaries of city or district on behalf of another local government pursuant to intergovernmental agreement. Clarifies language authorizing city or district to require consent to eventual annexation in exchange for providing extraterritorial service to landowner. Community Development Referred to Land Use 22-Jan HB 2090 Prescription Drug Coverage Repeals operative date provision to require Oregon Health Authority to continue to use Practitioner- Managed Prescription Drug Plan for prescription drug coverage in medical assistance program on and after January 2, 2014. Requires authority to use plan for mental health drugs subject to specified exception. Health Referred to Health Care 22-Jan Support HB 2103 Sex Offender Treatment Prohibits person from practicing sex offender treatment unless person is certified clinical sex fender therapist or certified associate sex offender therapist. Clarifies other prohibitions relating to sex offender treatment. Community Justice Referred to Health Care 22-Jan 3 HB 2133 Coordinated Care Organizations Requires coordinated care organization to submit business plan to community advisory council for approval. Specifies criteria for approval. Requires Oregon Health Authority to convene governing body of coordinated care organization and members of community advisory council, if necessary to resolve issues preventing approval. Allows authority to waive requirement for council approval of business plan. Requires authority to notify appropriate committees of Legislative Assembly if approval by council is waived by authority. Health Referred to Health Care 22-Jan HB 2136 Tobacco Settlement Directs that moneys received under Master Settlement Agreement be distributed to Oregon Health Authority Fund and to Tobacco Use Reduction Account. Continuously appropriates moneys deposited in Oregon Health Authority Fund for health care initiatives. Applies to moneys received by state under Master Settlement Agreement after January 1, 2014. Health Referred to Health Care with Subsequent Referral to Ways and Means 22-Jan HB 2141 Fairgrounds Repeals outdated statute relating to county fairgrounds. Fair & Expo Referred to Consumer Protection and Government Efficiency 22-Jan HB 2142 Treasurers Repeals certain outdated statues relating to county treasurers.Finance Referred to Consumer Protection and Government Efficiency 22-Jan HB 2143 Detention Facilities Eliminates requirement that Department of Corrections inspect local detention facilities for compliance with specified provisions of state law. Requires local government to conduct inspections for compliance.Sheriff's Office, Auditor State appears to currently have this responsibility. May create additional audit work that could be fulfilled through internal audit or external audit contract. Would likely result in an additional cost to the County's Sheriff's Office. Referred to Consumer Protection and Government Efficiency 22-Jan Page 1 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2205 Abuse Requires Department of Human Services to adopt rules to ensure that investigations of abuse of vulnerable persons are conducted in uniform, objective and thorough manner throughout state. Directs department to prepare annual report to Legislative Assembly regarding reports and complaints of abuse against vulnerable persons. Expands crime of assault in third degree to include intentional physical injury to vulnerable person. Health Referred to Health and Human Services 22-Jan 3 HB 2206 Fiscal Distress Allows Secretary of State to assume election-related duties, functions or powers of county clerk of county for which Governor has declared public safety services emergency due to fiscal distress. Requires funds retained by Director of Veterans' Affairs out of distribution to county without county veterans' service officer to be spent to provide veterans' services in that county in manner deemed appropriate by director. Authorizes county to request declaration by Governor of emergency in county that is providing less than minimally adequate property tax assessment and collection services. Directs Department of Revenue to provide property tax assessment and collection services until determination by Governor that emergency no longer exists. Authorizes department to charge fee for actual costs of services. Requires Director of Department of Consumer and Business Services to enter into agreement to combine resources for the purpose of administration and enforcement of municipal building inspection program if municipality is not carrying out program or at request of public body. Allows establishment of fees to cover department's costs under agreement. Clerk's Office, Assessment & Taxation Referred to Rules 22-Jan HB 2212 Procurement Raises amount used to classify public procurement as small procurement under Public Contracting Code from maximum of $5,000 to maximum of $10,000. Referred to Consumer Protection and Government Efficiency 22-Jan 3 HB 2219 Assessed Value Provides that assessed value of property of communication company equals least of real market value as determined under central assessment statutes, maximum assessed value or value determined under alternate formula that subtracts book value of intangible property. Assessment & Taxation, Finance Could potentially have fiscal impact to the County. Referred to Revenue 22-Jan HB 2221 County Road Funds Requires Department of Revenue to study authorizing expenditure of county road funds on projects and institutions critical to advancement of federal forest management and forest-related businesses. Requires department to report results of study to Legislative Assembly no later than October 1, 2014. Road Referred to Agriculture and Natural Resources with Subsequent Referral to Ways and Means 22-Jan 3 Support HB 2222 Early Learning Councils Directs Early Learning Council to develop and implement process for requesting proposals from entities to become community-based coordinators of early learning services. Requires council to adopt rules to implement coordinated delivery of early learning services through community-based coordinators of early learning services. Commission on Families and Children, Health Includes drafting errors. Referred to Human Services and Housing with Subsequent Referral to Ways and Means 22-Jan Support HB 2234 Offender Supervision Eliminates sunset of provision authorizing supervisory authority to place offenders on inactive post-prison supervision. Community Justice Referred to Judiciary 22-Jan Page 2 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2238 Assessment Deferral Loan Program Changes name of Assessment Deferral Loan Program Revolving Fund to Small Community Clean Water Grant Program Revolving Fund. Specifies conditions for grants made from fund. Specifies requirements for public agencies that receive funding. Referred to Energy and Environment with Subsequent Referral to Ways and Means 22-Jan 2 or 3 Support HB 2253 Population Forecasts Requires Portland State University Population Research Center to issue population forecasts for land use planning that are currently produced by counties. Community Development Generally in favor, but need to confirm that issues raised by Marion County have been addressed and existing population forecasts will remain. Level of involvement to be determined by Board. Referred to Land Use 22-Jan 3 Support HB 2254 Urban Growth Boundary Creates option for cities with population of less than 10,000 to project need, based on population growth, for inclusion of land within urban growth boundary. Establishes priority for selection of land for inclusion.Community Development Applies to cities of Sisters and La Pine. Bill as drafted is a placeholder and is undergoing revisions by a broad stakeholder committee under the direction of Richard Whitman, Governor Kitzhaber's Natural Resources Policy Advisor. Referred to Land Use 22-Jan 3 Support HB 2255 Urban Growth Boundary Modifies planning period for inclusion of land within urban growth boundary from 20 years to 15 years. Creates option, for purpose of inclusion of land within urban growth boundary, for projecting number of new jobs and demand for land to meet employment needs. Establishes process for designating industrial reserves separate from processes to designate other urban reserves. Authorizes Economic Recovery Review Council to receive and process applications from local governments for expedited project review of specified traded sector development that has siting needs that cannot be met in urban areas of county in which siting is proposed. Modifies sunset provision for council. Community Development Applies to cities generally. The BOCC may want to prioritize this bill, given the large-lot industrial program and CDD's work with Redmond on their BLI. Similar to SB 2253 - this bill is a placeholder and is undergoing revisions by a broad stakeholder committee under the direction of Richard Whitman, Governor Kitzhaber's Natural Resources Policy Advisor.Referred to Land Use 22-Jan 3 Support HB 2256 Urban Growth Boundary Requires local government that expands urban growth boundary to cause renegotiation, as necessary, of urban service agreements. Requires urban service agreement to include preliminary estimate of capital cost of urban service infrastructure required for delivery of urban service anticipated by urban service agreement. Modifies criteria for electoral approval of annexation plan related to urban service agreements and expansion of urban growth boundaries. Authorizes Oregon Infrastructure Finance Authority, in coordination with Department of Land Conservation and Development and Department of Transportation, to administer program to provide loans and grants for planning or construction of certain urban service infrastructure. Allows local government that has developed and evaluated alternative land use and transportation scenarios to enact or amend provision taxing fuel for motor vehicles without submitting proposed tax to electors for approval. Community Development Applies to cities generally. Similar to SB 2253 - this bill is a placeholder and is undergoing revisions by a broad stakeholder committee under the direction of Richard Whitman, Governor Kitzhaber's Natural Resources Policy Advisor. Referred to Land Use with Subsequent Referral to Ways and Means 22-Jan Page 3 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date 4 HB 2258 Water Resources Makes legislative findings regarding need for water supply management and merits of water banking. Grants Water Resources Department authority for formal and informal agreements with public or private entities for purposes consistent with state water laws. Provides exceptions. Authorizes department to accept moneys for purposes consistent with and related to laws administered and enforced by department. Allows department to issue grants or make other disbursements to public and private entities for public purposes consistent with and related to laws administered and enforced by department. Authorizes department investments and expense payments for proposed or existing in-state or out-of-state projects providing state with water or water supply benefits. Authorizes purchase and sale of water. Authorizes department to sell water from state water resources as consideration for other actions expected to benefit state. Authorizes department to enter into certain agreements for exchanges of services and information. Allows department to accept or pay compensation under agreements. Provides for deposit of gifts, grants, donations, compensation or other moneys. Authorizes department to purchase water and to acquire whole or partial rights in existing surface water, ground water, stored water and reclaimed water. Requires department to assign permit or issue new certificate for Not applicable to CDD. Referred to Agriculture and Natural Resources with Subsequent Referral to Ways and Means 22-Jan 3 Support HB 2271 Coordinated Care Organizations Requires coordinated care organization to provide oral health care through contracts with dental care organizations unless no dental care organization provides care in geographic area served by coordinated care organization. Health Referred to Health Care 22-Jan 3 Support HB 2272 Coordinated Care Organizations Specifies that dental care organizations are major components of health care delivery system and thus must be part of governance structure of coordinated care organization. Health Referred to Health Care 22-Jan 3 Oppose HB 2273 Dental Care Requires Oregon Health Authority to continue to contract with dental care organizations to serve medical assistance recipients. Health Referred to Health Care 22-Jan HB 2279 Employee Benefits Allows employees of local governments to participate in benefit plans provided by Public Employees' Benefit Board and Oregon Educators Benefit Board. Defines 'local government.' Personnel Referred to Health Care with Subsequent Referral to Ways and Means 22-Jan 3 HB 2280 Community- Based Health Care For community-based health care improvement program, modifies definition of 'qualified employer' and authorizes continuation coverage for employee who was enrolled in program and whose employment terminates. Health Referred to Health Care 22-Jan 3 HB 2293 Land Use Planning Authorizes master plans and county service districts regarding comprehensive planning for land use and public facilities and, within Washington County, implementation of adopted comprehensive plans through development review and code enforcement services. Requires county to consult with all affected taxing districts before forming new county service district. Authorizes county planning commission to serve as advisory committee to district governing body. Changes minimum number of members of advisory committee. Community Development If enacted, bill could impose additional responsibilities on Deschutes County if South County, Tumalo, or any other area contemplates creating its own sanitary sewer district. Referred to Land Use 22-Jan Page 4 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2301 Public Borrowing Establishes task force to review borrowing practices of public bodies and make recommendations about capacity and priorities for financing public property or activities. Sunsets task force on date of convening of 2015 regular session of Legislative Assembly. Clarifies definition of 'bond' to eliminate conflict with provision related to financing agreements. Finance Referred to Transportation and Economic Development with Subsequent Referral to Ways and Means 22-Jan 3 or 4 HB 2320 Enterprise Zones Allows city to seek designation of enterprise zone for electronic commerce regardless of whether zone is existing enterprise zone. Community Development Need to further research this issue, but it appears to be a bill the County should support.Referred to Revenue 22-Jan HB 2343 Green Energy Revises requirement that contracting agency dedicate certain amount of contract price toward including green energy technology in public building. Provides that contracting agency may use energy from green energy technology located away from site of public building if green energy technology meets certain qualifications. Property & Facilities Referred to Energy and Environment 22-Jan 1 Oppose HB 2348 Public Health Authorities Establishes eight regional public health authorities. Transfers responsibility for public health services in each county to regional public health authority with jurisdiction for county, regional public health administrator, regional registrar and regional medical examiner, from local, county and district entities and officers. Health Referred to Health Care with Subsequent Referral to Ways and Means 22-Jan 3 HB 2357 Coordinated Care Organizations Prohibits public body from compelling individual, other than medical assistance recipient, to access health care through coordinated care organization or purchase health insurance only through health insurance exchange. Declares emergency, effective on passage. Health Referred to Health Care 22-Jan HB 2358 Employment Verification Requires state agencies to use federal E-Verify employment verification system to verify employment eligibility of job applicants. Instructs state agencies to report use of E-Verify system to Oregon Department of Administrative Services. Requires department to report annually to Legislative Assembly on use of E-Verify system by state agencies. Authorizes department to adopt rules. Creates Task Force on the Use of E-Verify by Public Employers. Requires task force to report findings and recommendations to interim legislative committee. Declares emergency, effective on passage. Personnel Referred to Judiciary with Subsequent Referral to Ways and Means 22-Jan 3 HB 2359 Special Assessments Requires refund of amounts paid due to voluntary disqualification of property from special assessment in certain circumstances. Applies to property tax years beginning on or after July 1, 2007.Assessment & Taxation Could potentially require significant effort to administer. Referred to Revenue 22-Jan 3 HB 2374 Public Records Law Revises public records law. Revises procedures for requesting and responding to public records requests. Limits fees that may be charged for copies of public records. Modifies process for appeal following denial of public records request. Establishes Public Records Exemptions Accountability Commission. Directs commission to review exemptions from disclosure of public records and make recommendations to Legislative Assembly on exemptions. Modifies or eliminates certain exemptions from disclosure of public records. Clerk's Office, Legal Counsel Referred to Rules with Subsequent Referral to Ways and Means 22-Jan Page 5 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date Support HB 2375 Parole Authorizes State Board of Parole and Post-Prison Supervision to extend period of time between parole hearings based on majority vote.Community Justice Referred to Judiciary 22-Jan HB 2376 Concealed Handguns Modifies authority of county sheriff related to issuance and revocation of concealed handgun license.Sheriff's Office Referred to Judiciary 22-Jan 3 Support HB 2392 Youth Development Councils Requires membership of Youth Development Council to include representatives of county departments and boards of county commissioners. Requires council to assess county programs and services related to youth development and training, identify funds for community-based programs, establish equitable funding formulas and respond to local concerns and considerations as identified and reported on by representatives of county departments and boards of county commissioners. Children & Families Referred to Human Services and Housing 22-Jan HB 2399 Document Recording Requires each transfer, assignment or other conveyance of beneficial ownership or beneficial interest in note or other instrument that is evidence of obligation grantor owes and that is secured by trust deed on residential property to be recorded with county clerk within 15 calendar days in order for trustee to foreclose trust deed by advertisement and sale. Requires person that seeks to record transfer, assignment, conveyance or reconveyance of trust deed to inspect and correct mortgage record and to pay county clerk certain amount for each correction. Requires notice of sale in trust deed foreclosure to include certain documentation. Clerk's Office Referred to Consumer Protection and Government Efficiency 22-Jan HB 2402 Buy American Prohibits public body from providing public subsidy in amount equal to or greater than $750,000 for purpose of constructing, reconstructing, renovating, altering, maintaining or repairing, or entering into contract to construct, reconstruct, renovate, alter, maintain or repair, structure on real property unless iron, steel and manufactured goods used in structure are made within United States. Provides that prohibition does not apply if public body or contracting agency finds that amount or quality of iron, steel or manufactured goods made within United States are insufficient or if applying prohibition would increase cost or contract price by more than 25 percent. Property & Facilities Referred to Consumer Protection and Government Efficiency 22-Jan HB 2413 Wedding Officiants Requires county clerk in county that maintains list of wedding officiants to include name and other contact information of wedding officiant as requested. Limits requests to wedding officiants who reside in county, have not been convicted of felony or misdemeanor involving dishonesty and served for one year or more as county clerk or judge pro tempore in county in which request made. Clerk's Office Referred to Rules 22-Jan Page 6 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2417 Recording Fees / Veteran Housing Increases amount of fees charged and collected by county clerks to record or file certain real property documents. Directs transfer of increased fees to Housing and Community Services Department accounts for housing-related programs. Requires that 25 percent of moneys deposited in Housing and Community Services Department accounts be allocated to assist veterans with housing-related needs. Clerk's Office, Veterans' Services Referred to Veterans and Emergency Preparedness with subsequent referral to Human Services and Housing, then Ways and Means 22-Jan HB 2418 Collective Bargaining Modifies definition of 'supervisory employee' for purposes of public employee collective bargaining law.Personnel, Legal Counsel, 9-1-1, Others Referred to Business and Labor 22-Jan HB 2429 Electronic Data Requires that public bodies develop and implement policies for securely removing personal information from digital data storage devices and other electronic data storage devices before selling, donating, recycling or otherwise disposing of device. Prohibits public body from using photocopiers and scanners not owned, leased or otherwise controlled by public body for purpose of making copies of documents that contain personal information. Requires that business that offers photocopiers or scanners for use by public for fee must post clearly visible notice that informs customers that information from documents photocopied or scanned on premises may be stored in digital form on devices. Provides that violation of requirement is unlawful trade practice. Information Technology Referred to Consumer Protection and Government Efficiency 22-Jan 4 HB 2430 Cultural Services Authorizes establishment of master plans and service districts regarding cultural services.Community Development Applies to service districts.Referred to Revenue 22-Jan 3 HB 2440 Exclusive Farm Use Requires Department of Land Conservation and Development, in cooperation with State Department of Energy, State Department of Agriculture and State Department of Fish and Wildlife, to review laws and rules regulating siting of solar energy projects in areas zoned for exclusive farm use and to make recommendations to legislative interim committees. Community Development Important to track this bill as it may have future applicability to Deschutes county. CDD staff researching this bill further.Referred to Energy and Environment with Subsequent Referral to Land Use 22-Jan 3 HB 2458 Assessed Value Freezes assessed value of homestead of certain seniors and disabled individuals at assessed value on date claim filed. Applies to property tax years beginning on or after July 1, 2014. Takes effect only if constitutional revision proposed by __ Joint Resolution ___ (2013) (LC 1233) is approved by people at next primary election. Takes effect on effective date of constitutional revision proposed by ___ Joint Resolution ___ (2013) (LC 1233). Assessment & Taxation Referred to Revenue 22-Jan 3 HB 2459 Foreclosure Applies statutory bar to foreclosure of outstanding property taxes to outstanding taxes owed by individual who was, or whose homestead was determined to be, ineligible for homestead property tax deferral program as result of recent changes in law and whose homestead was reactivated for deferral during certain period. Assessment & Taxation Referred to Revenue 22-Jan Page 7 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2480 Taxes Sunsets prohibitions against local government imposition of certain taxes. Applies to imposition of taxes on or after January 1, 2018. Requires future prohibitions enacted by Legislative Assembly against local government imposition of taxes to sunset within four years. Finance Referred to Revenue 22-Jan HB 2481 Cigarette and Tobacco Taxes Removes prohibition against local government imposition of taxes on cigarettes and tobacco products. Applies to cigarettes and tobacco products distributed on or after effective date of Act. Finance Referred to Revenue 22-Jan 2 Oppose HB 2487 Court Fines Provides that fines collected by court for traffic offenses committed on state highways be paid to state. Specifies exception for city or county that assumes primary responsibility for enforcement of traffic laws on portion of state highway. Justice Court JC has not seen the text of this bill, so doesn't know how "assumes primary responsibility" is defined. Las session legislation was introduced that would give all traffic fine revenue to OSP unless OSP designated Sheriff as primarily responsible. Referred to Judiciary 22-Jan 3 HB 2489 Property Tax Deferral Delays for additional two property tax years prohibition on deferral of homestead property taxes for certain homesteads pledged as security for reverse mortgage.Assessment & Taxation Referred to Revenue 22-Jan 3 HB 2493 Tax Exemption Grants tax exemption to property of nonprofit corporation exclusively occupied by low income persons or held exclusively for future development as low income housing. Assessment & Taxation Could potentially have fiscal impact to the County.Referred to Human Services and Housing with Subsequent Referral to Revenue 22-Jan 3 HB 2510 Tax Deferral Eliminates requirement for homestead property tax deferral program that claimant live in homestead for at least five years and prohibition against homestead being pledged as security for reverse mortgage. Allows month after claim due date for individual to present proof of insurance on homestead. Requires Department of Revenue to make determination of whether equity in homestead is sufficient to repay deferred taxes and if not authorizes department to offer partial deferral. Changes annual rate on deferred amounts to six percent simple interest. Requires department to contact individuals whose homesteads were deactivated from program for certain reasons related to recent changes in law and to complete recertification claims for individuals. Requires deferral of amounts owing by individuals due to deactivation. Requires department to transfer responsibility for all aspects of program involving contact with individuals served by program to Housing and Community Services Department. Assessment & Taxation Referred to Revenue 22-Jan 3 HB 2513 Assessed Value Freezes assessed value of homestead of certain seniors and disabled individuals at assessed value on date claim filed. Applies to property tax years beginning on or after July 1, 2014. Takes effect only if constitutional revision proposed by ___ Joint Resolution ___ (2013) (LC 2696) is approved by people at next primary election. Takes effect on effective date of constitutional revision proposed by ___ Joint Resolution ___ (2013) (LC 2696). Assessment & Taxation Referred to Revenue 22-Jan Page 8 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date 3 HB 2514 Cigarette and Tobacco Taxes Removes prohibition against local government imposition of taxes on cigarettes and tobacco products. Applies to cigarettes and tobacco products distributed on or after effective date of Act. Finance Referred to Revenue 22-Jan 3 HB 2515 Alcohol Taxes Removes prohibition against local government enactment of taxes on alcoholic beverages. Applies to alcoholic beverages manufactured or imported after effective date of Act. Finance Referred to Revenue 22-Jan 3 HB 2523 Coordinated Care Organizations Requires Oregon Health Authority to study and report to Legislative Assembly on duplicative reporting requirements imposed by state on managed care organizations, coordinated care organization and hospitals. Health Referred to Health Care with Subsequent Referral to Ways and Means 22-Jan 3 HB 2534 Urban Renewal Requires urban renewal agency to exercise its powers by board including one member representing each taxing district other than municipality with jurisdiction in municipality that activates agency. Requires approval of urban renewal plan by all municipalities and taxing districts with jurisdiction in urban renewal areas included in plan before municipality may approve plan. Community Development CDD defers to Administration/Finance on tax implications of urban renewal districts and Board positions. This urban renewal board approach is used in other states. It increases the authority of the taxing districts in urban renewal districts - primarily in the creation or extension of such districts. Referred to Transportation and Economic Development 22-Jan Oppose HB 2548 Bail Relating to bail. Establishes commercial bail system.Referred to Judiciary with Subsequent Referral to Ways and Means 22-Jan Oppose HB 2552 Sex Offender Reporting Eliminates obligation to report as sex offender if person is required to report solely as result of juvenile court adjudication for act committed when person was under 16 years of age. Authorizes persons convicted of sex crime for conduct occurring when person was under 16 years of age to petition for relief from obligation to report as sex offender under certain circumstances. Authorizes persons convicted of, or adjudicated for, sex crime in Oregon to obtain relief from reporting requirements when person does not reside, attend school or work in Oregon. Community Justice Referred to Judiciary 22-Jan Support HB 2564 Sex Offenders Grants State Board of Parole and Post-Prison Supervision rulemaking authority for purposes of determining whether predatory sex offender may lawfully enter or remain on premises where persons under 18 years of age regularly congregate. Community Justice Referred to Judiciary 22-Jan Support HB 2574 Alternative Incarceration Program Reduces minimum duration of special alternative incarceration program from 270 days to 240 days.Community Justice Referred to Judiciary 22-Jan HB 2580 Jury Trials Justice Court Referred to Judiciary 22-Jan HB 2587 Healthy Start Expands assessments and services provided by Healthy Start Family Support Services programs to include children from zero to three years of age and their families. Health Referred to Human Services and Housing with Subsequent Referral to Ways and Means 22-Jan Support HB 2593 Electronic Monitoring Allows court to authorize correctional authority having physical custody of person sentenced to carry out sentence by electronic monitoring for up to six months. With respect to person already sentenced, allows correctional authority to which person is committed to request court to resentence person solely for purpose of authorizing electronic monitoring for up to six months of final period of person’s sentence. Community Justice Referred to Judiciary 22-Jan HB 2604 Arrests Requires federal officers to receive written authorization of county sheriff before making certain arrests in county. Sheriff's Office Referred to Judiciary 22-Jan Page 9 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2609 Circuit Court Audits Deletes requirement that county audit include audit of circuit court.Auditor Referred to Consumer Protection and Government Efficiency 22-Jan HB 2624 Hunting Provides that county is exempt from applicability of statute banning use of dogs to hunt black bears or cougars and use of bait to hunt black bears if voters approve county measure proposed by initiative petition or referred to people by governing body of county. Referred to Agriculture and Natural Resources 22-Jan HB 2628 Temporary Custody / Transport Authority Removes requirement for peace officer, upon discharge of person taken into emergency custody for possible mental illness, to transport person to place where person was taken into custody. Authorizes friend or relative of person to transport person who is discharged from emergency custody. Health Referred to Human Services and Housing 22-Jan HB 2642 Licensing Directs state agencies and local governments with functions related to issuance of registrations, licenses, certifications or permits necessary to conduct business in Oregon to provide nonmonetary assistance to qualified persons. Referred to Business and Labor with Subsequent Referral to Ways and Means 22-Jan 3 HB 2657 Zoning Establishes requirements to be met by applicant before local government can consider application to rezone for nonindustrial use land that is planned and zoned for industrial use. Community Development Applies to cities generally. Ask EDCO and cities prior to taking a position. CDD staff will further research. Referred to Transportation and Economic Development with Subsequent Referral to Ways and Means 22-Jan HB 2663 Deadly Force Modifies element of plan adopted by county deadly physical force planning authority to consist of outreach and training regarding reasonable use of deadly physical force. Modifies requirement that law enforcement agency adopt guidelines for reasonable use of deadly physical force. Sheriff's Office Referred to Judiciary 22-Jan HB 2674 Americans with Disabilities Act Requires public body to reserve one percent of appropriation for constructing, reconstructing or renovating park or public building for purpose of renovating or improving existing park or public building to meet current accessibility standards for persons with disabilities that are promulgated under Americans with Disabilities Act and regulations adopted pursuant to Act. Requires public agency that receives appropriation to deposit reserved amount in accessibility improvement account and to expend moneys for purpose of meeting current accessibility standards for existing parks and public buildings. Prohibits public agency from expending moneys to renovate or improve new park or public building if in constructing, reconstructing or renovating new park or public building public agency must already meet current accessibility standards. Requires public agency to establish and maintain inventory of parks and public buildings that do not meet current accessibility standards and to set priority for renovating and improving parks and public buildings. Requires public agency to expend moneys to renovate and improve parks and public buildings each biennium. Facilities Referred to Human Services and Housing with Subsequent Referral to Ways and Means 22-Jan Page 10 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date HB 2675 Prevailing Wage Modifies definition of 'public works.' Classifies exemption from ad valorem property taxation as funds of public agency for purpose of requiring payment of prevailing rate of wage. Requires public agency that procured contract for public works or sponsor of enterprise zone in which public works is located, as appropriate, to receive certified statements. Roads, Property & Facilities Referred to Business and Labor 22-Jan HB 2677 Prevailing Wage Defines 'funds of a public agency,' for purposes of applying prevailing rate of wage to projects for public works, to include tax credits or tax abatements that contractor engaged in project for public works receives from state in connection with project. Roads, Property & Facilities Referred to Business and Labor 22-Jan HB 2685 Jail Release Authorizes temporary release of inmates conveyed to another jurisdiction on same terms as inmates confined in Department of Corrections institution. Modifies Department of Corrections work release program. Sheriff's Office Referred to Judiciary 22-Jan HB 5006 Criminal Fine Account Directs distribution of moneys from Criminal Fine Account. Referred to Ways and Means; Assigned to Subcommittee on Capital Construction 22-Jan HJR 0002 County Mergers Proposes amendment to Oregon Constitution to authorize Legislative Assembly to refer measure merging two or more counties to voters of counties that are subjects of measure. Legal Counsel Referred to Rules 22-Jan 3 HJR 0007 Tax Rates Proposes amendment to Oregon Constitution to return to former maximum allowable rate of taxes to fund public school system of $7.50 per $1,000 of property s real market value and allow period during which school districts may seek approval of voters for increase in permanent rate limit. Refers proposed amendment to people for their approval or rejection at next regular general election. Assessment & Taxation Referred to Revenue 22-Jan 3 HJR 0008 Local Option Taxes Proposes amendment to Oregon Constitution to authorize local taxing districts to impose local option taxes not subject to compression under Ballot Measure 5 (1990) if approved by voters. Refers proposed amendment to people for their approval or rejection at next regular general election. Finance, Assessment & Taxation Referred to Revenue 22-Jan 3 HJR 0013 Assessed Value Proposes amendment to Oregon Constitution to reset assessed value and maximum assessed value at real market value upon certain changes to property for purposes of ad valorem property taxation, except for sale of primary residence by low income senior citizens in certain circumstances. Refers proposed amendment to people for their approval or rejection at next regular general election. Assessment & Taxation Could potentially be costly to administer. Referred to Revenue 22-Jan 3 SB 0015 Fiscal Distress Authorizes county to request declaration by Governor of emergency in county that is providing less than minimally adequate property tax assessment and collection services. Directs Department of Revenue to provide property tax assessment and collection services until determination by Governor that emergency no longer exists. Authorizes department to charge fee for actual costs of services. Assessment & Taxation Referred to Finance and Revenue 18-Jan Page 11 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date 4 SB 0019 Strategic Investment Programs Amends definition of 'rural area' to mean area outside urban growth boundary as boundary is acknowledged on date on which application is submitted for strategic investment program. Grandfathers current definition for current strategic investment zones and parcels of land on which eligible projects are currently located. Not applicable to CDD. Referred to Rural Communities and Economic Development. 16-Jan SB 0030 Sex Offender Registration Adds crimes to list of sex crimes requiring person convicted of sex crime or adjudicated for act that constitutes sex crime to register as sex offender after being discharged, paroled or released from correctional or detention facility. Community Justice Referred to Judiciary 18-Jan Support SB 40 Controlled Substance Offenses Reduces unlawful manufacture of marijuana to Class B felony. Punishes by maximum of 10 years’ imprisonment, $250,000 fine, or both. Reduces unlawful possession of marijuana to Class C felony. Punishes by maximum of five years’ imprisonment, $125,000 fine, or both. Amends exceptions to classification of Schedule I and Schedule II controlled substances to reflect rescheduling of methamphetamine and marijuana. Community Justice Referred to Judiciary 18-Jan SB 0041 Public Meetings Law Provides that matters for which quorum of governing body may not meet in private for purpose of deciding or deliberating are limited to budget, fiscal or policy matters that are before, or likely to come before, governing body. Provides that certain communication, fact gathering activities or onsite inspections of property or facilities do not constitute governing body deciding on or deliberating toward decision. Legal Counsel Referred to Judiciary 18-Jan SB 0056 Crime Penalties Decreases penalty for crime of cheating to maximum of one year’s imprisonment, $6,250 fine, or both.Community Justice Referred to Judiciary 18-Jan SB 0057 Crime Penalties Increases penalty for crime of riot to maximum of 10 years’ imprisonment, $250,000 fine, or both.Community Justice Referred to Judiciary 18-Jan SB 0058 Alternative Incarceration Program Reduces minimum duration of special alternative incarceration program from 270 days to 240 days.Community Justice Referred to Judiciary 18-Jan SB 0061 Jury Trials Repeals obsolete provision relating to jury trials in county courts.Referred to Judiciary 18-Jan Support SB 0069 Driving Under the Influence Modifies sentence that court is required to impose when certain persons are convicted of felony driving under the influence of intoxicants. Authorizes court to order person to wear continuous alcohol monitoring device in lieu of mandatory minimum sentence of 90 days’ incarceration, if person is participating in treatment court. Community Justice Referred to Judiciary 18-Jan Support SB 0070 Probation Eliminates July 1, 2013, sunset of provision that limits length of incarceration court may impose when certain probationary sentences are revoked for reasons other than commission of new crime. Community Justice Referred to Judiciary 18-Jan SB 0078 Inmate Reimbursement s Modifies rate of reimbursement that city or county may seek from inmate confined in local correctional facility.Sheriff's Office, Community Justice Referred to Judiciary 18-Jan SB 0079 Department of Corrections Agreements Modifies description of certain agreements between county and Department of Corrections.Sheriff's Office, Community Justice Referred to judiciary 18-Jan SB 0080 Sentencing Directs Oregon Criminal Justice Commission to modify sentencing guidelines grid.Community Justice Referred to Judiciary 18-Jan Page 12 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date SB 0081 Sentencing Modifies minimum term of incarceration for offenders convicted of aggravated murder who are eligible for parole. Community Justice Referred to Judiciary 18-Jan SB 0082 Crime Modifies classification of crime of supplying contraband. Punishes by maximum of 10 years’ imprisonment, $250,000 fine, or both. Community Justice Referred to Judiciary 18-Jan SB 0083 Crime Modifies statute of limitations applicable to civil actions arising out of commission of certain crimes.Community Justice Referred to Judiciary 18-Jan SB 0084 Crime Modifies amount of compensation victims of certain crimes may be awarded.Community Justice Referred to Judiciary 18-Jan SB 0085 Public Meetings Law Provides that discussion of matter for which governing body has authority to make decision or recommendation on policy or administration constitutes deliberations for public meetings law purposes, without regard to whether public notice of matter is given. Legal Counsel Referred to Judiciary 18-Jan SB 0086 Public Meetings Law States that electronic communication that is simultaneous and contemporaneous communication is subject to public meetings law. Provides that electronic mail is not simultaneous and contemporaneous communication. Legal Counsel, Information Technology Referred to Judiciary 18-Jan Support SB 0093 Offender Reentry Authorizes Department of Corrections to make grants to counties for provision of reentry support and services to certain offenders under 19 years of age. Sheriff's Office, Community Justice Referred to Judiciary 18-Jan SB 0096 Self-Insured Health Plans Authorizes certain groups of self-insured employers to qualify for exemption from security requirements for self-insured employers.Personnel, Risk Management May reduce costs to the County.Referred to General Government, Consumer, and Small Business Protection 18-Jan 3 SB 0100 Coordinated Care Organizations Requires Oregon Health Authority to work with coordinated care organizations and stakeholders to develop recommendations to Legislative Assembly for advancing use of health information technology. Health Referred to Health Care and Human Services 18-Jan 3 SB 0118 Alcohol Taxes Removes prohibition against local government enactment of taxes on alcoholic beverages. Applies to alcoholic beverages manufactured or imported after effective date of Act. Referred to Finance and Revenue 18-Jan 3 SB 0119 Cigarette and Tobacco Taxes Removes prohibition against local government imposition of taxes on cigarettes and tobacco products. Applies to cigarettes and tobacco products distributed on or after effective date of Act. Referred to Finance and Revenue 18-Jan SB 0130 Criminal Records Check Requires criminal records check for volunteers and employees who staff State Emergency Operations Center or emergency operating facility of city or county.Sheriff's Office Referred to Judiciary 22-Jan SB 0173 Technical Assistance Program Creates service delivery technical assistance program in Governor's office to provide assistance to counties in fiscal distress.Finance Referred to Rural Communities and Economic Development with Subsequent Referral to Ways and Means 18-Jan 2 Support SB 0180 Criminal Fines Reduces portion of fine imposed in criminal action that is payable to state.Justice Court Reduces off the top payment to State on every conviction from $60 to $45. Would increase JC payments to County by approximately $50,000 annually. Referred to Judiciary, then Ways and Means 18-Jan SB 0187 Conditional Release Modifies time period within which Department of Corrections must comply with court’s direction to prepare certain proposed release plans. Community justice Referred to Judiciary 18-Jan Page 13 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date SB 0219 Procurement Provides that contracting agency may not spend more than five percent of estimated contract price for procurement for services on conducting cost analysis as to whether contracting agency would incur less cost in conducting procurement than in performing services with contracting agency's own personnel or in making determination of whether performing services with contracting agency's own personnel is feasible. Roads, Solid Waste, Property & Facilities Referred to Business and Transportation 18-Jan 4 SB 0245 E-Commerce Authorizes designation of enterprise zone and zone and city for electronic commerce, addition of zone cosponsor and change of enterprise zone boundary without application process, subject to determination by Oregon Business Development Department that certain statutory requirements met. Lowers minimum cost requirement for qualified property used in electronic commerce outside zone for electronic commerce. Community Development, Property & Facilities Could apply to County-owned lands inside city limits. Referred to Rural Communities and Economic Development, then Finance and Revenue 22-Jan 3 SB 0246 Industrial Development Requires Oregon Business Development Department to establish and administer Oregon Industrial Site Readiness Program to make loans to qualified project sponsors for development of certified state and regionally significant industrial sites. Allows department to forgive portions of loans where project sponsor contracts with eligible employer. Limits loan forgiveness to lesser of percentage of eligible site preparation costs or estimated incremental income tax revenues. Establishes Oregon Industrial Site Readiness Program Fund. Continuously appropriates moneys in fund to Oregon Business Development Department. Community Development The BOCC may want to prioritize and support this bill, given the large-lot industrial program and CDD's work with Redmond on their BLI. Referred to Business and Transportation, then Ways and Means 18-Jan SB 0248 Solid Waste Fees Increases amount of service and user charges collected for solid waste disposal that may be set aside by local governments for certain uses. Solid Waste Referred to Environment and Natural Resources 22-Jan 3 SB 0250 Urban Growth Boundary Authorizes local government required to have urban growth boundary to include land within boundary when inclusion of land is consistent with local economic development projections and public facilities plans. Community Development Applies to cities generally. Referred to Rural Communities and Economic Development 22-Jan 3 Support SB 0251 Development Process Authorizes Governor to convene meeting of federal, state and local permitting authorities to streamline or expedite approval process for proposed land development that addresses significant regional priorities. Community Development Referred to Rural Communities and Economic Development 22-Jan SB 0258 Transportation Funding Reallocates moneys for transportation projects. Road Referred to Business and Transportation, then Ways and Means 16-Jan SB 0260 Transportation Funding Authorizes issuance of lottery bonds for transportation projects funded from Multimodal Transportation Fund. Specifies allocation of lottery bond proceeds. Road Referred to Business and Transportation, then Ways and Means 16-Jan 3 SB 0261 Property Taxation Exempts from property taxation certain property leased to United States in connection with electricity transmission in Pacific Northwest. Applies to property tax years beginning on or after July 1, 2008. Assessment & Taxation Could potentially have fiscal impacts Referred to Finance and Revenue 18-Jan 3 SB 0312 Tax Code Areas Redefines 'area' to mean tax code area, for purposes of computing changed property ratio used to determine maximum assessed value for property after certain changes. Assessment & Taxation Not yet modeled. Could potentially have significant administrative impact.Referred to Finance and Revenue 18-Jan Page 14 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date SB 0331 Parks Funding Increases percentage of moneys distributed for maintenance of county parks from 35 percent to 50 percent of moneys transferred to State Parks and Recreation Department from registration of travel trailers, campers and motor homes and from recreational vehicle trip permits. Property & Facilities Referred to Rural Communities and Economic Development, then Ways and Means 18-Jan 4 SB 0336 Land Use Planning 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. Community Development, Legal Counsel CDD defers to Legal Counsel. Referred to Health Care and Human Services 16-Jan SB 0337 Health Care Insurance Repeals requirement that certain local governments make health care insurance coverage available to certain retirees.Personnel May increase cost of coverage. Ask County's underwriter to analyze. Referred to General Government, Consumer, and Small Business Protection 22-Jan SB 0353 Recycled Products Requires contracting agency to give preference to procuring paper made from recycled materials and manufactured by paper mills located within this state if cost does not exceed by more than 10 percent cost of paper made from nonrecycled materials or manufactured by paper mills not located within this state. Property & Facilities Referred to Business and Transportation 22-Jan 3 Support SB 0373 Coordinated Care Organizations Requires coordinated care organization to provide oral health care through contracts with dental care organizations unless no dental care organization provides care in geographic area served by coordinated care organization. Health Referred to Health Care and Human Services 16-Jan 3 Support SB 0375 Coordinated Care Organizations Allows coordinated care organizations to offer qualified health plans through health insurance exchange to individuals who are not medical assistance recipients. Health Referred to Health Care and Human Services 16-Jan 2 or 3 SB 0393 Land Use Planning Authorizes local government to adopt exception to statewide land use planning 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. Requires employer in Willamette Valley seeking exception to provide green-collar jobs at family wage. Requires employer outside Willamette Valley seeking exception to provide family wage. Defines terms. Community Development This bill would impact rural lands in Deschutes County and represents a significant change in state land use policy. Board should consider taking a position.Referred to Rural Communities and Economic Development 16-Jan SB 0397 Property Tax Statements Requires property tax statements to include list, by percentages of total amount of taxes due, that categorizes amounts to be used for education, public safety and general government other than public safety, regardless of kind of tax. Assessment & Taxation Referred to Finance and Revenue 18-Jan SB 0398 Elections Law Allows any elector to file action in circuit court when elector believes elections official has failed to comply with elections law. Allows attorney fees. Clerk's Office Referred to Rules 16-Jan 3 SB 0412 Coordinated Care Organizations Expands definition of 'public body' subject to public meetings law to include coordinated care organizations. Health Referred to Judiciary 22-Jan 3 SB 0419 Land Use Planning Prohibits public bodies from imposing requirement to show consistency or compatibility with state and local land use plans for lands to which federal government holds title by consent of State of Oregon. Community Development Exempts certain state-held properties from LUCS. Need more information to determine effect on County operations. Referred to Rural Communities and Economic Development 16-Jan 2 Support SB 0436 Coordinated Care Organizations Requires coordinated care organizations, by December 1, 2017, to maximize use of school-based health centers and to coordinate care with certain programs and entities. Health Referred to Health Care and Human Services 16-Jan Page 15 of 16 Recommended Legislative Positions and Priorities Recommended Priority Recommended Position Bill Topic Description Affected Departments Department Comments Latest Status Date 3 SB 0443 Special Assessments Provides that all land within exclusive farm use zone qualifies for farm use special assessment.Assessment & Taxation Referred to Rural Communities and Economic Development 16-Jan 3 SB 0447 Delinquent Property Tax Payments Reduces monthly interest on delinquent property tax payments to lesser of prime rate plus one percent, multiplied by one-twelfth, or two-thirds of one percent. Assessment & Taxation Could potentially have budgetary impact on Assessment & Taxation Department.Referred to Finance and Revenue 16-Jan 2 or 3 SB 0449 Land Use Planning Directs counties to establish minimum lot or parcel size for land zoned for exclusive farm use, for land zoned for forest use and for land zoned for mixed farm and forest use. Prohibits Land Conservation and Development Commission from establishing minimum lot or parcel size for land zoned for exclusive farm use, for forest use or for mixed farm and forest use. Community Development Makes significant changes to the state land use planning program. Provides significantly more local control. May result in additional rural development.Referred to Rural Communities and Economic Development 16-Jan 2 or 3 SB 0453 Land Use Planning Establishes policy, criteria, procedures and other factors for identifying secondary land. Provides procedures that local governments must follow after identification of secondary land. Establishes uses allowed in area zoned as secondary land. Community Development This bill goes with SB 0449. Same comments. Referred to Rural Communities and Economic Development 16-Jan 2 or 3 SB 0455 Land Use Planning Prohibits use of income test to determine whether primary or accessory dwelling customarily provided in conjunction with farm use is outright permitted use in exclusive farm use zone. Community Development This bill goes with SB 0449 and 0453. Same comments.Referred to Rural Communities and Economic Development 16-Jan 3 SJR 0010 Property Taxes Proposes amendment to Oregon Constitution relating to local option ad valorem property taxes. Refers proposed amendment to people for their approval or rejection at next regular general election. Assessment & Taxation Referred to Finance and Revenue, then Rules 16-Jan 3 SJR 0011 Property Taxes Proposes amendment to Oregon Constitution to make assessed value of property equal to real market value after certain exception events. Refers proposed amendment to people for their approval or rejection at next regular general election. Assessment & Taxation Could potentially be costly to administer. Referred to Finance and Revenue, then Rules 16-Jan 3 SJR 0014 Assessed Value Proposes amendment to Oregon Constitution to limit range of ratio used to determine maximum assessed value for property after certain changes. Refers proposed amendment to people for their approval or rejection at next regular general election held throughout this state. Assessment & Taxation Referred to Finance and Revenue, then Rules 16-Jan 3 SJR 0016 Land-Value Lease Fee Proposes amendment to Oregon Constitution to establish land-value lease fee imposed on real market value of land with proceeds distributed pro rata to residents of state. Establishes Resident's Dividend Agency to administer collection of fee and distribution of dividend. Applies to assessment years beginning on or after January 1, 2016. Refers proposed amendment to people for their approval or rejection at next regular general election. Assessment & Taxation Referred to Finance and Revenue, then Rules 18-Jan Page 16 of 16