HomeMy WebLinkAbout2013-03-13 Work Session Minutes
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 1 of 11
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MARCH 13, 2013
___________________________
Present were Commissioners Alan Unger, Tammy Baney and Anthony DeBone.
Also present were Tom Anderson, Interim County Administrator; Erik Kropp,
Deputy County Administrator; Nick Lelack, Peter Gutowsky, Cynthia Smidt, John
Griley, Tim Grundeman and Peter Russell, Community Development; Tom Wells
and Neil Mackey, Sheriff’s Office; Judith Ure, Administration; Susan Ross,
Property & Facilities; William Kuhn, citizen; and Roger Lee of EDCO. No
representatives of the media were present.
Chair Unger opened the meeting at 1:30 p.m.
1. Code Enforcement Manual Update.
Nick Lelack explained that this has been on the CDD work plan for a few years.
They spent the last few months going through the manual to determine what is
working and what needs to be changed.
He spoke about the current program. John Griley gave some background as
well. He provided a handout (a copy of which is attached for reference). They
set aside a half-hour each week to go through situations item by item. There are
some variations, however, due to underlying conditions today that did not exist
in 1996. For instance, Senate Bill 915 required them to go through an
administrative process rather than Circuit Court regarding citations.
There are some procedural efficiencies not reflected in the manual. This effort
continues. He said there are five essential factors. They are complaint driven
from citizens, not anonymous. They strive for voluntary compliance. They will
find a resolution as allowed under Code. If compliance cannot be achieved,
they will move to citation or further legal action on a continuing violation.
They have a proactive program as well.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 2 of 11
The program operates efficiently and effectively. Particularly relevant is case
turnaround time. They continue to make strides in these efforts. There are
cases that cannot be resolved quickly due to the nature of code enforcement.
Voluntary compliance is about 85% with no enforcement action needed. About
95% are resolved without citations. The program is effective but there are
concerns at times regarding certain procedural aspects or the timeframe. They
anticipate those types of concerns will be considered.
Chair Unger feels that the process is educational for the most part, which results
in higher compliance.
Mr. Riley said that there are a number of avenues to take towards compliance.
They are reviewing certain types of permits with a history of code violations in
the past. Perhaps there was a temporary approval with conditions that need to
be verified. There are also follow-up visit regarding permits and the use of
property.
Deputy Mackey said that this is one of Field Tech Wells’ focal points: citations
and helping to get the problem rectified. Mr. Wells said that he tries not to
write citations and will allow more time, if possible, for people to comply.
Mr. Grundeman stated that he appreciate what Mr. Wells does, which makes the
job a lot easier in dealing with the public. Tom Anderson added that reaching
85% voluntary compliance is a big thing. Most agencies do not have that level
of compliance. However, there is a price to that, which normally means it takes
more time.
Mr. Lelack said there are a couple of different approaches. One is, if it is no t
broken, leave it alone. There are debates behind the scenes, though, when
something is not moving as fast as someone would like. Those involved in law
enforcement and others who feel they should be involved in the discussion.
Commissioner Unger likes the option of getting input from citizens. Mr. Griley
said that it could be subjective in nature, and the people doing the procedures
would be the best ones to weigh in on that. It does work and is effective, but a
more in depth public process would be acceptable.
Mr. Grundeman added that there were a lot of complaints during the past year,
but few cases ended up in court. It is going smoothly.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 3 of 11
Commissioner Baney said that she is leaning towards having public hearings on
issues rather than asking for input over time. Mr. Lelack stated they have to
consider staff resources. Mr. Anderson added that they try to get validation and
want people to get involved and speak up on the process.
2. Discussion of Sage Grouse Conservation Land Use Assessment and Impact
Analysis.
Mr. Gutowsky said the County has taken a leadership role to provide assistance
to partners in this area. (See attached analysis document.) Habitat covers over
122,000 acres here, and Deschutes County is doing an extraordinary job
preventing land use impacts in this habitat area and minimizing conflict. In
coordination with the BLM, Deschutes County is in an excellent position to
maintain the land use base that minimizes a federal listing in the endangered
species act.
The BLM needs to engage ranchers to help them with grazing management
plans. He has shared this report with land use planners in other counties, which
will use this for a template. The State is in a position to demonstrate to the U.S.
Department of Fish & Wildlife that this program makes a credible case that
Sage Grouse in Oregon do not need the endangered species listing. This is the
first county in the U.S. who has done this. There is still a lot of work required,
but this is a credible framework for other counties to fo llow. They will
continue to coordinate this work. The statistics don’t lie, and this has been
effective over the past twenty years.
Chair Unger wants Deschutes County to do what they can, since other counties
do not have the resources. Being proactive and not getting the listing, which
would be difficult to overcome, is the best way to handle this situation.
Mr. Gutowsky indicated all is substantiated and detailed.
Commissioner Baney said that this is fact-based and helps to keep Deschutes
County and other agencies from being vulnerable. It would be a huge negative
impact to other, smaller counties if the Sage Grouse was listed. This is one of
the last bastions having appropriate habitat, and it is a balancing act to grow the
economy at the same time habitat needs to be protected.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 4 of 11
Chair Unger said he is on the regional solutions team and wondered if it would
be appropriate for Oregon Solutions to place graduate students to help with this
work. Mr. Gutowsky said Harney County was able to get some funding to have
a graduate student work on it, so the State is thinking along those lines. He is
confused that the Oregon Department of Fish & Wildlife still allows Sage
Grouse hunting, which he cannot understand give the status of this bird.
3. Discussion of Redmond Airport – Los Angeles Flights.
Roger Lee discussed correspondence regarding potential American Airlines
flights out of Redmond. EDCO is trying to raise funds to entice the airline to
provide services in this area through a travel bank. Fun ding may be needed for
fiscal year 2013-14 as well.
The plan is to drive ridership and profitability through the travel bank for the
first six months of service. Local money would be the last in. The Chambers
of Commerce and visitor groups want the airline to be profitable to keep this
going. The other counties and cities have pledged funds for this.
Commissioner DeBone asked if this fits into the discretionary loan funds. Mr.
Lee stated there would be a job creation component and he can look into that
also.
Mr. Kropp said that the Board could amend the resolution and do a carve -out
for this kind of situation. There is about $190,000 left in the fund. It does not
have to be a budget discussion, and it is at the Board’s discretion.
Mr. Lee stated that there are various companies in the queue now pending other
action, who will request part of these funds. Chair Unger said he likes the
program and it helps companies come to or remain here. Commissioner Baney
does not want to hinder what is now in process. She feels this current program
needs to be supported, so it is a matter of where the funds should originate.
Mr. Lee said that the Redmond Chamber would receive the funds for the airline
project and pass them through to the airline. Some entities are taking funds out
of both this fiscal year and next. Mr. Lee said there is no guarantee it will ever
come back to the community. The Board committed $25,000 towards this
effort.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 5 of 11
Mr. Anderson asked if the departments that committed to travel within this
program need to put the funds in now or make it part of next year’s budget. It is
hard to know who will be traveling to what locations in advance. Mr. Lee
stated that they have provided a two-year guarantee so if any funds come back;
it would not be for a couple of years. He is optimistic about this enhancement
towards travel in this area.
4. Other Items.
Mr. Gutowsky said he had a constructive discussion with Kathy Phillips
regarding the South County Plan (Newberry Country) hearings. It is a courtesy
to have meetings in the community; not a requirement in most cases. She had
complained about the last meeting not being open late enough for her last-
minute testimony. She had not participated up to this point. She can still
provide written testimony. He feels that it is not necessary to hold another
hearing to get her oral testimony.
Chair Unger said he prefers to just go with the testimony as already given. Mr.
Gutowsky said there is no ex parte contact limitation in this situation so the
Commissioners can speak with her individually if they want. Commissioner
DeBone stated she wants to have Deschutes River Recreation Homesites
developed more as a resort type situation. She wants to be upset but can’t say
what she is upset about. Commissioner Baney said that homeowners’
associations or other groups can work towards this if they want. Mr. Gutowsky
said he can let her know that the Commissioners are happy to talk with her
individually in person, via e-mail or by phone, and her written testimony is
welcome.
Commissioner DeBone stated she is connected with many people who are
absentee owners and can pursue whatever she thinks is a good idea.
___________________________
Peter Russell said that the TGM (transportation growth management) grant is
not yet ready, but under DLCD rules, they need to show an intent to apply for
the grant once it is in place. It would deal with transportation issues in
Deschutes River Woods. During development of the TSP, they looked at
having a non-motorized connection across the Deschutes River; and how to deal
with operational and access issues between Brookswood and Baker Road.
There is a match handled by in-kind services.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 6 of 11
BANEY: Move approval of indicating intent to apply for the grant.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
___________________________
The Board discussed accepting a grant that would help with training at the
Sheriff’s Office for the CIT (Crisis Intervention Team). This does not require a
match, and pays for overtime for the Sheriff’s Office personnel to attend
training.
DEBONE: Move approval of grant acceptance.
BANEY: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
___________________________
Juvenile Community Justice wants to apply for a Family Drug Court
enhancement grant of $300,000 over the course of three years. Functional
Family Therapy would be a part of this, so it is a joint grant request with Circuit
Court. $30,000 would go to Juvenile to offset $65,000 of expenses currently
budgeted. The U.S. Department of Justice is the funding source; the match is
in-kind.
BANEY: Move approval of the application.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
___________________________
Mr. Kropp said a request has been submitted for a continuation of grant at
Health services for a homeless outreach worker. It is for $30,000; federal funds
that are pass-through. Ms. Ure said they have received this grant for years.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 7 of 11
BANEY: Move approval.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
___________________________
Mr. Kropp said approval is needed to apply for a violence against women grant
for the safe exchange program (Mary’s Place), handled through the
Commission on Children & Families and the Department of Justice. A
memorandum of understanding is involved that lays out the responsibilities of
all parties: the Courts, Parole & Probation, the Sheriff’s Office, and so on.
Chair Unger noted that this group seems to have a big budget. Commissioner
Baney stated they have to coordinate therapists, and it is mostly overhead. Ms.
Ure said most of the funding goes to the partners or providers.
BANEY: Move approval including the required MOU.
DEBONE: Second.
VOTE: BANEY: Yes.
DEBONE: Yes.
UNGER: Chair votes yes.
___________________________
Cynthia Smidt discussed the Simpson application. The complaining party
wanted to include the whole code enforcement case on this issue, amounting to
130 pages. The attorney for the Simpsons requested that the written record be
extended because of this. County Counsel has been at a trial in Salem and has
not been able to help much. They would like to extend the record being open
until March 26 to allow for final comments.
Mr. Lelack stated that they need an Order approved for this, and it will be part
of a future meeting agenda. Submittal of final arguments would be delayed
until March 22.
Chair Unger asked if this is searchable in the record by the public. Someone
said to contact OSHA. Commissioner DeBone said this is already in the record.
Commissioner Baney feels this is a ranch hand situation, where the person is
given housing as part of his pay, rather than a migrant farm worker.
___________________________
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 8 of 11
Mr. Lelack stated that the DLCD wants him to testify as to the value of the
department to local entities and the DLCD budget. They don’t see eye to eye
on everything, but DLCD does provide a valuable service, technical assistance
and grant funding. He can do this via phone.
The Board was supportive.
___________________________
Mr. Kropp said that a hearing regarding the industrial lands in La Pine is
scheduled next Wednesday in Salem. He will find out if someone from the City
should attend.
___________________________
Mr. Anderson said he: asked for a cleanup list of legislative items as identified
by Departments as a 1, 2 or 3. Not all of this information was available
previously.
Judith Ure provided copies of the relevant documents. She said that this is an
opportunity for the Board to look at the direction some of these items are going.
There are some issues that have not yet been prioritized, and some are a Board
decision when the departments don’t weigh in.
All 1’s and 2’s should indicate a position action either for or against; otherwise
they are a 3 (to watch).
Commissioner DeBone said some bills have already been passed and others
might be passed before the Board can even review them. Commissioner Baney
stated this is when PAC plays a role as they know when the committees are
meeting and other details. Ms. Ure noted that what they do depends on the
direction the Board gives them, and this communication is not as good as it
could be.
Regarding HB 3194, Commissioner Baney stated it involves sentencing reform
for public safety. She does not see strong opposition from Ken Hales but there
is some from the Sheriff and District Attorney. Mr. Anderson said it is meant to
keep people out of jail, like tinkering with Measure 11, but there is some
common ground and it is hard to have a complete thumbs up or thumbs down.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 9 of 11
Commissioner Baney said that there are amendments to some Bills that make
them more favorable to some groups. PAC needs to know if something would
be supported but only if amended. Mr. Anderson stated that sometimes things
won’t match up and the Board will have to referee and weigh in on the issue..
Chair Unger added that they have budget responsibility and those issues with
financial implications have to be considered.
Ms. Ure said that PAC is interpreting departmental comments , but they also
need to hear from the Board so they know how to proceed.
Chair Unger said that soon there will be a lot of Bills that go away because of
lack of support, and things will be clearer. Commissioner Baney stated that
sometimes she is forced to abstain because she doesn’t have all the facts or
there are potential ramifications.
Ms. Ure said that it is up to the departments to let the Board know what is
important to them and why. In addition, some Bills may get resurrected in
another form.
Chair Unger feels they should weigh into enterprise zones that limit this to
communities of 30,000 people or less. This impacts this area negatively. It is a
squabble between two communities in the valley. In addition, the prevailing
wage requirement has a very negative impact on these zones.
Commissioner Baney stated that they should e-mail the local delegation and ask
what issues need support. They can ask this question of any of the delegation
who calls in on the legislative update. There may be some issues the Board
chooses not to back.
Mr. Lelack said the cap on the appeal fee came back, through Central Oregon
Landwatch, and is a lot less than what is charged by the Department. It is not
on the current list.
Discussion then occurred on other land use bills including SB 453, the
secondary lands program, further than just marginal lands. Deschutes County
did a secondary lands program study in the past. The legislature let it die in
1992. This SB makes this legal again. The benefit is having the original report
and letting them run to it. It might get some traction now.
Minutes of Board of Commissioners’ Work Session Wednesday, March 13, 2013
Page 10 of 11
Ms. Ure indicated there are no PERS bills on the list. Chair Unger said they
need to wait until things settle down. There will be two PERS bills surviving,
which will be gutted and stuffed. This is not something they need to worry
about now; there will be some talking points on PERS items eventually.
Ms. Ure said if the Board wants to weigh in on any it ems that are recommended
by staff, to let her know. Chair Unger noted that they should find out from their
partners, such as COCOA and EDCO, what is important to them.
___________________________
Commissioner Baney spoke about five demonstration projects for which she
had testified. This would take away all the capacity from the local level unless
general fund dollars are used. The ELC hub has to involve the ESD. She found
she was not supported by some of the delegation. She put together some points
that she passed on to Representative Gene Whisnant. She showed how an ELC
hub could look and what is being done on the local level and regionally.
The preference is a statewide rollout, but not hindering those who are already
working on this. She drafted a letter supporting the Governor’s direction.
Instead of incentivizing the five hubs, it incentivize the regions instead. They
want them to get to eight hubs. This area is already regionalized, so needs to be
incentivized.
___________________________
Mr. Anderson stated that they received a request to support the Bend-La Pine
school bond. Commissioner DeBone said that they should probably do this
individually. He is in the same situation with the Fire District measure; to
remain silent, to support or oppose. This gets political quickly. He would
rather speak as an individual.
___________________________
Rob Poirier and Sheriff revised the 9-1-1 levy request at a lower amount. Chair
Unger said that citizen Larry Fulkerson brought this to the Board. He had
researched the budget and questioned the reserves. He will become an active
opponent to the levy if adjustments are not made; he has a PAC going and
knows how to set people off. He made a compelling case.
Mr. Anderson said there are three sets of numbers, from Mr. Poirier, the Sheriff
and Finance. Finance and the Sheriff show 20 cents per thousand would be
adequate for almost five years. Mr. Poirier shows this amount as being
adequate for four years.
More work is needed to refine this. It is possible that 23 cents per thousand is
more than is needed now, and they need to make sure this Measure passes.
Chair Unger said that maybe before five years are up, they will be able to
establish a pennanent levy. Commissioner Baney stated she is grateful for Mr.
Fulkerson's work and the additional analysis. There needs to be exact answers
to the questions. There will be an editorial in the Source on this issue
tomorrow . They need to have an agenda item for tomorrow's meeting that is
very descriptive for this. She does not want them to think that their editorial
changed the Board's mind.
For Days of Service, a local real estate group holds garage sales, with the
proceeds given to FAN (Family Access Network). They don't have a place to
store the items now, and wondered if they could use the Design Center to store
items and eventually have the sale in the parking lot. Ms. Ross stated it is
completely empty, but a signed agreement is needed as well as insurance. Ms.
Ross said they have allowed the temporary use of County property to other
groups in the past.
The Board was supportive.
Being no further items addressed, the work session ended at 3:30 p.m.
DATED this }f!{ Day of ~ 2013 for the
Deschutes County Board of Commissioners.
{11~~
Alan Unger, Chair Ta ~r
ATTEST:
Anthony DeBone, Commissioner ~~
Recording Secretary
Minutes of Board of Commissioners' Work Session Wednesday, March 13 ,2013
Page 11 of 11
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 P.M., WEDNESDAY, MARCH 13, 2013
1. Code Enforcement Manual Update -Nick Lelack
2. Discussion of Sage Grouse Conservation Land Use Assessment and Impact
Analysis -Peter Gutowsky
3. Discussion of Redmond Airport -Los Angeles Flights -Tom Anderson
4. Other Items
PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real
property negotiations; ORS 192.660(2) (h), litigation; ORS \92.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues.
Meeting dales, times and discussion items are subjecllo change. All meetings are conducted in the Board ofCommissioners' meeling rooms al
1300 NW Wall St., Bend, unless otherwise indicated. lfyou have questions regarding a meeting. please call 388-6571.
Deschutes County meeting locations are wheelchair accessible.
Deschutes County provides reasonable accommodations for persons with disabilities.
For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY.
Please call (541) 388-6571 regarding alternative formats or for further information.
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Community Development Department
Planning Division Building Safety Division Environmental Soils Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Board of County Commissioners
FROM: Nick Lelack, AICP, Interim Director
DATE: March 13,2013
RE: Code Enforcement Policy and Procedures Manual Update
Summary
The adopted 2012-13 Community Development Department Work Plan includes the following
project:
• Continue thorough review of the Code Enforcement Procedures Manual, including input from
the Board of Commissioners (Board), and update those sections to reflect current practices,
delete those no longer appropriate, and add provisions for updated objectives. One discussion
item will be a review of the policy on accepting anonymous complaints.
Over the past few months, County staff has conducted an internal review of the 1996 Code
Enforcement Policy and Procedures Manual to determine which sections reflect current practices
and those that need to be updated or removed.
The purpose of this work session agenda item is to seek Board direction on the preferred method
for moving forward with updating this manual.
Discussion
Updating the 1996 Code Enforcement Policy and Procedures Manual generally consists of the
following steps:
A Evaluate the current manual. Auditing the manual enables staff and stakeholders to
determine what is working and what needs to be changed based on current practices.
B. Establish the project scope. For example, the project scope can be limited to updating the
manual to reflect current practices without policy changes; or be a more robust to include
policy discussions and refinements. Affirming new and existing policies can provide a
cohesive framework and rationale for updating the procedures.
C. Develop a process and timeline to update the manual. This step includes determining who
is involved, how the manual is updated, and a general timeline for completion.
Quality Seroices Perjonned with Pride
Staff Approach
Staff suggests the following approach for the Board's consideration:
1. Initiate a robust project to update the 1996 Code Enforcement Policy and Procedures Manual
to include policy discussions and procedural updates as necessary. The anticipated outcome
is Board adoption of a new 2013 Code Enforcement Policy and Procedures Manual.
2. Establish a work group to meet 4-6 times to:
a. Review an internal evaluation of what is working and what needs to be changed in the
existing manual.
b. Identify and discuss policy issues and potential changes for the Board's consideration and
direction.
c. Based on the Board's policy direction, work with staff to draft a new manual for public
review and comment, including a Board public hearing.
d. Based on the Board's direction following the public hearing, finalize with staff the 2013
Code Enforcement Policy and Procedures Manual for Board adoption.
3. The project time would be approximately six (6) months from May 1 -October 31.
4. Resources are limited to staff and County facilities for meetings.
If the Board supports this approach, staff suggests the work group consist of 10-12 people and be
comprised of the following:
o County staff (COD, Sheriffs Office, Legal)
o At least 2 people who have filed complaints and 2 people who have received complaints
o At least 1 social service provider
o Central Oregon Builders Association andlor Central Oregon Association of Realtors
representative
o At-large citizens
Staff recommends the work group meetings be facilitated by staff, not be formal public meetings
with recordings andlor meeting minutes, and be open to the public.
Board Direction
Staff seeks direction from the Board on the following:
1. Should COD proceed with the Code Enforcement Policy and Procedures Manual update?
2. If yes:
a. Should the project scope be limited to updating the manual to reflect current practices or
should it include policy discussions and potential policy changes as well?
b. Should the project process and timeline be based on staff's suggested approach above or
as modified by the Board?
-2
Year 2012
Code Enforcement
Activity and Efficiency Report
Case Initiation Summary
Total PercentCases I New
Opened ProactIve New Change
Cases Cases
-
221 32010 224 (9%)
-I
2011 181 7 188 (16%)
252 46%2012 24 276
Case Turnaround
180 360Total I 30 i 60
Cases I Days Dc:tys Days I Days
Closed
2010 231 12% 23% 62% 82%
2011 197 10% 22% 77%50%
2012 257 13% 26% 62% 77%
Compliance
Voluntary Warning Citatron Injunction
2010 89% 5% <1%6%
2011 11%85% 4% <1%
-
2012 85% 10% <1%5%
1
DESCHUTES COUNTY
CODE ENFORCEMENT
POLICY AND PROCEDURES MANUAL
EFFECTIVE DATE - JANUARY 1, 1996
7
DESCHUTES COUNTY
CODE ENFORCEMENT POLICY AND PROCEDURES MANUAL
TABLE OF CONTENTS
PREFACE ........................................................................................................................................ 1
I. MISSION ......................................................................................................................................... 2
II. PURPOSE ........................................................................................................................................ 2
III. INTERPRETATION ........................................................................................................................ 2
IV. AMENDMENTS ............................................................................................................................. 2
V. CODE ENFORCEMENT PHILOSOPHY ...................................................................................... 3
VI. PRIORITIES FOR CODE ENFORCEMENT ................................................................................. 4
VII. APPLICABILITY ............................................................................................................................ 5
VIII. INITIATION OF CODE ENFORCEMENT.................................................................................... 7
A. Citizen complaint ................................................................................................................ 7
B. Observation by Code Enforcement Staff ............................................................................ 8
C. Permit/Approval Condition Monitoring ............................................................................. 8
D. Report by County staff ........................................................................................................ 9
E. Request/Report by County Commissioner ......................................................................... 9
F. Information from official County Records ......................................................................... 9
IX. RECORDING COMPLAINT, OPENING FILE, TIMELINES…………………………………..9
X. NOTICE OF FILE OPENING ....................................................................................................... 10
XI. INVESTIGATION ......................................................................................................................... 11
A. Preliminary Matters .......................................................................................................... 11
B. Establishing Elements of Violation .................................................................................. 11
C. Assignment of Responsibility ........................................................................................... 12
D. Field Investigation ............................................................................................................ 13
E. Report of Field Investigation ............................................................................................ 14
8
XII. ENFORCEMENT
PROCEDURES……………………………………………………………………..15
A. Voluntary Compliance ...................................................................................................... 15
B. Notice of Violation ........................................................................................................... 16
C. Citation and Complaint ................................................................................................... ..17
D. Injunctions ........................................................................................................................ 20
E. Stop Work Orders ............................................................................................................. 21
F. Permit Revocation ............................................................................................................ 21
G. Nuisance Abatement ......................................................................................................... 22
H. Dangerous Building Abatement........................................................................................ 22
I. Double-Fee Permits .......................................................................................................... 22
J. Restricting Permit Issuance .............................................................................................. 23
K. Assisting other Agency Enforcement ............................................................................... 25
L. Civil Penalties ................................................................................................................... 25
M. County Cost Recovery ...................................................................................................... 26
N. Liens ................................................................................................................................. 26
XIII. FINANCIAL HARDSHIP ............................................................................................................. 26
XIV. RESOLUTION OF CODE VIOLATION COMPLAINTS ........................................................... 27
XV. FILE MAINTENANCE ................................................................................................................. 28
XVI. MEDIA CONTACT....................................................................................................................... 29
XVII. APPENDICES ............................................................................................................................... 29
A. Complaint Form
B. Undocumented Structure Policy
C. Agreement to Abate
D. Notice of violation (NOV)
E. ORS 153.310 and ORS 203.065 (Fines)
F. Indigence Form
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PREFACE
Code Enforcement in Deschutes County is a high priority for the Board of County Commissioners. In
August of 1994, the Board established the Deschutes County Code Enforcement Task Force to study county
code enforcement, to recommend improvements to the program and to identify statutory or county code
changes that may be required to increase the effectiveness of code enforcement. The task force included
citizens, representatives of the construction and real estate industries, representatives of the state court
system and law enforcement, county legal counsel, managers of the county's Community Development
Department and the county's code enforcement staff.
The task force met three times during 1994. In January of 1995, they presented a report to the Board
containing their recommendations. The Board accepted those recommendations, and directed county staff
to begin to implement them. Among the recommendations was the development of this code enforcement
policy and procedures manual.
The key task force recommendation was the implementation of a more "proactive", or county-initiated, code
enforcement program. Such a program would begin simultaneously with adoption of the manual and would
apply to code violations occurring on or after the effective date of the manual. This recommendation
effectively creates a two-pronged approach to code enforcement -- that is, somewhat different policies and
procedures for violations occurring before, and after, the effective date of the manual. The intent of this
approach is both to increase code enforcement after giving the community ample notice of the county's new,
"tougher" enforcement policy, as well as to set enforcement priorities and manage the county's code
enforcement workload in a manner that is realistic, clear and credible to the community. The policies and
procedures in this manual reflect this new approach.
In the past, county code enforcement has been primarily reactive, generated by complaints. However, the
complaint-driven system has not been effective by itself in stemming the tide of code violations in the
county. With the adoption of this manual, staff of the Community Development Department, with the
assistance of county legal counsel, law enforcement and the court system, and within available resources,
will undertake proactive efforts to identify code violations and to obtain compliance, along with responding
to citizen complaints. These proactive efforts will focus on the following areas:
timely monitoring and enforcement by county staff of permit and approval conditions;
revocation of permits for non-compliance;
abatement of nuisances and dangerous buildings;
stop work orders for non-permitted activity and double-fees on subsequent permits;
restricting issuance of permits on property with uncorrected code violations;
assisting in related code enforcement by other agencies; and
civil procedures to obtain compliance and to recover the county's code enforcement costs.
The Board believes the policies and procedures in this manual will enhance code enforcement and thereby
the quality of life in the county.
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I. MISSION
The mission of code enforcement in Deschutes County is to protect the health and safety of the county's
residents and visitors, and the livability of the community, by assuring compliance with the county's land
use, environmental and construction codes. The county will assure code compliance both by encouraging
voluntary compliance and by punishing code violators who do not comply.
II. PURPOSE
The purpose of the Deschutes County Code Enforcement Policy and Procedures Manual (hereafter
"manual") is to provide written guidelines for:
A. the prioritization of code enforcement cases;
B. initiation and investigation of code violation complaints;
C. enforcement of county codes through voluntary compliance;
D. prosecution of code violators who do not comply;
E. punishment of code violators and the assessment of fines and penalties; and
F. recovery of the county's investigation and enforcement costs.
These written guidelines are intended to assure consistency and predictability within the county's code
enforcement program, and to educate the county's citizens and property owners about code enforcement and
the consequences of violating the codes.
III. INTERPRETATION
This manual describes the standard policies and procedures for code enforcement, and should be interpreted
so as to maximize both the efficiency of county code enforcement and compliance with county codes. This
manual should be followed unless there is a compelling reason not to, as determined by the Director of the
Community Development Department (hereafter "CDD") or the Board of County Commissioners (hereafter
"Board").
The effective date of this manual is January 1, 1996.
IV. AMENDMENTS
This manual may be amended when deemed necessary by the CDD Director and the Board. Amendments
may be proposed by county staff, board members and other interested persons.
On February 12, 1997, the Board of County Commissioners modified the list of priorities in Chapter 6,
Section A- Priority cases by reversing items #3 and #4. On September 30, 1997, the Board of County
Commissioners approved modifications to code enforcement staffing, including the reclassification of the
code enforcement secretary to Code Enforcement Technician and the addition of a Field Technician from
the Deschutes County Sheriff’s Office, in lieu of two full time Code Enforcement Officers. These
amendments are reflected in the revised manual published in October, 1998.
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V. CODE ENFORCEMENT PHILOSOPHY
Policy. The county's policy is to enforce compliance with county codes in all cases of reported and
discovered code violations. However, the county has limited code enforcement resources. Consequently,
the county has established, through this manual, both a priority ranking for code enforcement and
procedures designed to maximize available code enforcement resources. It is the county's policy that code
enforcement should follow the priority ranking set forth in section VI of this manual. It also should be
flexible enough to allow the level of enforcement that best fits the type and circumstances of the code
violation(s), within clear and objective criteria set forth in this manual and consistent with the priorities.
A. Enforcement Levels. The levels of enforcement available to the county are:
1. obtaining voluntary compliance;
2. mediated settlement of code violation complaints;
3. notice of violation (hereafter "NOV");
4. citation and prosecution of infractions in district court;
5. petition for injunction in circuit court;
6. stop work order;
7. permit revocation;
8. nuisance abatement;
9. dangerous building abatement;
10. double-fee permits required for code compliance;
11. restricting issuance of permits on property with uncorrected code violations;
12. assisting in enforcement by other regulatory and licensing agencies;
13. civil penalties through county administrative hearings; and
14. county cost recovery.
B. Sequence of Enforcement. The levels of enforcement are not mutually exclusive, and may be used
alone or in sequence or combination with other levels. However, in most code violation cases, the county
will use the code enforcement levels in the sequence they appear in Paragraph
C. Criteria for choosing Level of Enforcement. Some code violation cases may have aggravating
circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A. The
county may choose a different sequence if one or more of the following circumstances is present:
1. the code violation is severe (e.g., deviates greatly from the code);
2. the actions leading to the violation(s) were deliberate;
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3. the violation poses a significant threat to the public health and safety, or to the environment;
4. the violation may cause economic harm to individuals or to the county as a whole;
5. the alleged code violator is receiving significant economic benefit from continuing the code
violation;
6. the physical size or extent of the violation is significant;
7. the violation has existed uncorrected for a significant period;
8. there is a previous history of complaints and code enforcement on the subject property and/or
with the alleged code violator;
9. there is community interest in the violation, and potential code enforcement and compliance on
the property would be very visible;
10. there is good potential for combining enforcement action on the violation with other violations;
11. the relative benefit of code enforcement outweighs its cost;
12. there is good potential that the violation(s) can be established and successfully prosecuted; and
13. there is little likelihood of obtaining voluntary compliance.
VI. PRIORITIES FOR CODE ENFORCEMENT
Policy. It is the county's policy to investigate and to attempt to resolve all code violations. However,
because of limited code enforcement resources, there may be times when all code violations cannot be given
the same level of attention, when some code violations may receive no attention at all, or when the county
may be unable to carry out the new proactive code enforcement activities set forth in section VII of this
manual.
In circumstances where not all code violations can be investigated, the most serious violations, as
determined under the priorities set forth in this section and the criteria for enforcement in Section V.C. of
this manual, should be addressed before the less serious violations are addressed, regardless of the order in
which the complaints are received. However, complaints alleging both priority and non-priority violations
should be processed together to maximize efficiency.
A. Priority Cases. The Board has established the following priorities for Community Development
Department code violations:
1. Violations that present an imminent threat to public health and safety;
2. Violations affecting rivers, streams and/or adjacent riparian areas;
3. Building code violations consisting of ongoing non-permitted construction or failure to obtain
permits for construction started after the effective date of this manual.
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4. Land use violations occurring after the effective date of this manual including failure to meet
conditions of approval.
5. Building, Planning and Environmental Health permit violations occurring after the effective date
of this manual including failure to obtain required permits or failure to meet conditions and
requirements of permits.
B. Non-Priority Cases.
Policy. Complaints alleging code violations that do not fall within the priority ranking above should be
processed in the order in which the complaints are received, and as code enforcement resources allow.
Exception. At the discretion of code enforcement staff, complaints may be processed in any order that
maximizes the efficiency of enforcement.
Procedure. All complaints concerning a particular type of code violation (e.g., non-permitted manufactured
homes in manufactured home parks), or all complaints of violations occurring in a particular geographic
area, may be processed together, regardless of the order in which the complaints are received.
C. Solid Waste
Code Enforcement for solid waste complaints and violations shall be administrated by the Sheriff’s
Office.
VII. APPLICABILITY
A. General Applicability. This manual applies to all code enforcement carried out by CDD, its employees
and agents. Except as otherwise provided, the policies and procedures in this manual apply to all alleged
code violations, whether or not they existed on the effective date of this manual. The policies and
procedures in this manual supersede any conflicting county policies and procedures.
B. Current Policies and Procedures. Prior to the effective date of this manual, the county's code
enforcement has been based upon citizen complaints, and by independent observations of code enforcement
staff and other CDD staff while in the field. These procedures are described in Sections VIII A and B of
this manual.
Policy. It is the county's policy to continue to use existing policies and procedures for code violations that
existed on or prior to the effective date of this manual.
Procedure. The code enforcement policies and procedures described in sections VIII A and B of this
manual shall be used for:
1. Code violation complaints, and code violations observed by code enforcement staff, that were
pending as of the effective date of this manual; and
2. New code violation complaints and/or observations by code enforcement staff and other CDD
staff relating to violations that occurred prior to the effective date of this manual.
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C. New Policies and Procedures Applicable on Effective Date of Manual.
Policy. It is the county's policy, as of the effective date of this manual (January 1, 1996) to increase code
enforcement and compliance by creating a framework for proactive -- i.e. county-initiated -- enforcement of
county codes.
Procedure. On and after the effective date of this manual, and within available code enforcement resources,
the county may undertake a number of county-initiated procedures for proactive code enforcement. These
procedures may include:
1. investigations and prosecutions of code violations in particular geographic areas;
2. investigations and prosecutions of code violations of a particular type throughout the county;
3. encumbering property subject to land use conditions of approval by recording the conditions in
the county clerk's real property records;
4. timely and regular follow-up by CDD staff for compliance with conditions and requirements for
permits and approvals the decisions for which are made on or after the effective date of this
manual;
5. reporting by county staff of code violations observed while conducting county business;
6. examination and comparison of county files for evidence of code violations;
7. revocation of permits and approvals for failure to comply with requirements or conditions;
8. restriction on issuance of development permits on property with uncorrected code violations;
9. cooperation with code enforcement by other regulatory and licensing agencies; and
10. cooperation with utility companies to terminate service, to the extent authorized by law, to non-
permitted uses on property.
D. Non-Applicability to Covenants, Conditions and Restrictions. Many subdivisions and planned
communities are subject to private, recorded covenants, conditions and restrictions (hereafter "C C & R's").
For example, "C C & R's" may regulate matters like the height, size or appearance of structures, or the
method of storing recreational vehicles. The conditions and restrictions included in "C C & R's" are
generally enforceable through private legal action. In some cases, the conditions established in "C C & R's"
are similar or identical to county code provisions governing the same structure or activity.
Policy. The county's policy is not to enforce private "C C & R's". However, the county will enforce county
code provisions that regulate the same activity as "C C & R's", pursuant to this manual.
E. Non-Applicability to Private Legal Action. Citizens may undertake private legal action to enforce
county codes, including civil litigation against the alleged code violator, as well as personally filing citations
and prosecuting county code infractions in district court. The policies and procedures in this manual do not
apply to private legal action to abate county code violations. Neither should they be interpreted to suggest
that the county will participate in such private legal action.
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VIII. INITIATION OF CODE ENFORCEMENT
Code Enforcement may be initiated by any of the following methods:
A. Citizen Complaint. Any person may make a complaint to the county alleging one or more code
violations.
1. Form. A citizen's complaint shall be made on a county complaint form (see Appendix A). The
complainant may complete the form, or it may be completed by county staff based upon a
telephone call, letter or other contact from the complainant. If the complaint is received in
letterform the letter shall be attached to a complaint form completed by county staff. To be
investigated, a citizen complaint must contain all information required on the complaint form.
2. Anonymous Complaints.
Policy. The county's policy is not to accept anonymous code violation complaints. The county
believes that anonymous complaints are not as reliable as those made by complainants who are willing
to identify themselves. In addition, in many cases, the complainant's identification and testimony in
court may be necessary for successful prosecution of code violators and code enforcement.
Exception. The county recognizes there may be cases justifying an exception to this policy. These are
cases where the nature of an anonymous complaint reliably suggests the existence of code violations
presenting an imminent threat to public health and safety or to the environment, which threat easily
may be verified by county staff. In such cases, as determined by the CDD Director or designee, county
staff shall accept the anonymous complaint and investigate it.
3. Confidentiality.
Policy. The county's policy is to maintain the confidentiality of code enforcement complaint files and
computer records, including the identity of the complainant, to the extent legally possible. The county
believes it is important to maintain this confidentiality to assure effective investigation and prosecution
of code violations. In addition, the county recognizes that some complainants do not want their names
disclosed to the alleged code violator for fear of retaliation. However, in some cases it may be
necessary for successful prosecution and enforcement for the complainant to be identified and to
testify in court. In addition, the county's code enforcement files are subject to state statutes governing
public records and discovery.
Exceptions. In cases where the county chooses to cooperate with, or defer to, federal or state agencies
for code enforcement, the contents of the file may be disclosed, as necessary, to the other agency.
Procedure. In order to maintain the confidentiality of code enforcement complaint files and the
identity of the complainants, while assuring effective prosecution and enforcement and compliance
with state law, the following procedures apply.
a. Code enforcement files will be maintained as confidential files throughout investigation,
infraction prosecution and/or other types of code enforcement.
b. The contents of code enforcement files will not be disclosed to anyone other than county staff
who have a reason to know and who are involved in the investigation, or to similar staff of an
8
agency with which the county is cooperating or to which deferred code enforcement pursuant to
Section XII.M. The contents of the file will not be disclosed to any other until: 1) the
investigation is complete and a citation discovery request is made; or 2) the file is closed and
disclosure is made pursuant to the public records law.
c. County and/or federal or state agency staff to whom the contents of the file are disclosed under
subparagraph b of this paragraph shall maintain the confidentiality of the file and the identity of
the complainant pursuant to this manual.
B. Observation by Code Enforcement Staff. Code enforcement staff often observe additional potential
code violations while conducting complaint investigations. However, the number of potential code
violations that exist in the county and that may be observed at any given time may be too large for the
county's code enforcement staff to investigate and resolve.
Policy. The county's policy is that code enforcement staff shall document on an investigation worksheet any
potential code violations the staff observes on property that is the subject of their current investigation.
They may also document code violations observed on any property immediately adjacent to the subject
property, which violations are observable from the subject property.
C. Permit/Approval Condition Monitoring by CDD Staff. The county routinely issues land use,
environmental and construction permits with a variety of requirements and conditions, and timelines for
meeting them. For example, a land use approval may require landscaping the site by a certain date, and
building permits expire if construction progress and inspections are not made within periods set by state
law. Code violations occur when these permit and approval conditions are not timely met.
Policy. The county's policy is that, as of the effective date of this manual, CDD staff shall conduct timely
and regular monitoring of conditions of approval and similar permit requirements for all permits and
approvals for which the decision is issued on or after the effective date of this manual.
Procedure.
1. All persons issued permits or approvals on or after the effective date of this manual shall be given
written notice of the consequences of failure to comply with requirements and conditions,
including potential code enforcement.
2. If any permits and approvals are found not to be in compliance with conditions of approval or
other permit requirements, staff in the appropriate CDD division assigned to the permit or
approval monitoring shall undertake appropriate action to obtain compliance.
3. If the assigned CDD staff are unable to obtain compliance within a reasonable time established
for that purpose, they shall report the violation to code enforcement and shall notify code
enforcement staff of any enforcement action already taken.
4. Upon receipt of staff notification of non-compliance the case shall be forwarded to Sheriff’s
Office for citation pursuant to Section XII.C. of this manual.
D. Report by County Staff. In many cases, county staff may be in a unique position to observe potential
code violations. For example, a property appraiser in the Assessor's office may be the only person able to
observe new construction for which there is no permit.
9
Policy. The county's policy is that all county staff should report to code enforcement possible code
violations they observe while conducting county business.
Procedure.
1. County staff may report to code enforcement potential code violations they observe while
conducting county business, where the violations are believed to have occurred prior to the
effective date of this manual.
2. County staff should report to code enforcement potential code violations they observe while
conducting county business, where the violations are known to have occurred on or after the
effective date of this manual.
3. Reports by county staff under this subsection shall be made on a complaint form.
E. Request/Report by County Commissioner. A member of the Board may report a potential code
violation, or may request that code enforcement staff investigate a citizen report of a potential code
violation. The commissioner may complete a complaint form or submit a written memorandum
concerning the alleged violation to be attached to a complaint form.
F. Information from Official County Records. Potential code violations may be discovered by examining
the county's own official records. For example, cross-referencing between the Assessors records and CDD's
records may reveal construction or land use activity without necessary permits or approvals. CDD staff can
also discover code violations by comparing CDD's own land use, environmental health and construction
permit records with each other.
Policy. It is the county's policy that beginning on the effective date of this manual, CDD staff shall
regularly compare all pertinent county records to identify potential code violations.
Exception. Exceptions to this policy will be made as provided in the county's separate policy on
undocumented structures. (See Appendix B.)
Procedure. Code violations discovered through comparison of information in county files, and that are
known to have occurred on or after the effective date of this manual, shall be reported to code enforcement
on a complaint form.
IX. RECORDING COMPLAINT, OPENING FILE AND TIMELINES
A. Recording Complaint. All complaints from whatever source received by code enforcement shall be
recorded in CDD's computer system. Recording the complaint shall consist of assigning the complaint a
case number and entering into the computer the following minimum information:
1. the case number;
2. the tax map number for the subject property;
3. the subject property serial number; and
4. which code enforcement staff is assigned to the case.
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B. Opening File. After a complaint is assigned a number and recorded, a file shall be opened for the
complaint. The file is the official record of the complaint and its investigation and resolution. The file shall
contain the following minimum initial information:
1. the complaint form;
2. a tax map;
3. an investigation worksheet;
4. Assessor's information on the subject property; and
5. a cover sheet.
C. Projected Timeline.
Policy. It is the county's policy to encourage the timely resolution of code violation complaints by
establishing and making public reasonable timelines for code enforcement and closely monitoring the
county's performance in meeting those timelines.
Procedure. When a file is opened, and before an investigation of the complaint is commenced, code
enforcement staff shall establish a projected timeline for investigating the complaint and issuing a Notice of
Violation. This timeline should be based on consideration of the following criteria:
1. the type of alleged violation;
2. priority ranking of the violation(s) under Section VI of this manual;
3. current code enforcement caseload;
4. current workload in other CDD divisions that may assist in or be assigned to the investigation;
and
5. timeline established in this manual and elsewhere for processing code violation complaints.
X. NOTICE OF FILE OPENING
When code enforcement opens a file, it may provide notice in writing or by computer to any CDD division,
other county department, or federal or state agency that may have an interest in the alleged code violation.
XI. INVESTIGATION
A. Preliminary Matters. At the beginning of each investigation, the following shall be established:
1. Jurisdiction. The property upon which the alleged code violation has occurred must be land over
which the county has code enforcement jurisdiction.
2. Zoning. The zoning of the subject property shall be determined.
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3. Permit Status. The status of any land use, environmental health and construction permits on the
subject property shall be determined.
4. Property Ownership. All persons with a recorded legal interest in the subject property should be
identified. These persons should include the owners, contract purchasers, lessees and lien-
holders or other security interest holders.
5. Other Potentially Responsible Persons. In addition to the persons listed in subparagraph 4 of this
paragraph, any other persons potentially responsible for the alleged code violation(s) should be
identified. These persons could include tenants, construction and landscape contractors and
excavators.
6. Identification of Applicable Code Provisions. The code enforcement staff, with the assistance of
other CDD staff and county legal counsel as necessary, shall identify the pertinent provisions of
the county codes that may have been violated according to the complaint.
7. Prior Complaint History. The code enforcement staff shall examine CDD records to determine
the existence and status of any prior or existing code violation complaints on the subject property
or concerning the alleged violator.
B. Establishing the Elements of a Violation.
Before a Notice Of Violation (NOV) is sent, it must be determined whether the complaint, if true,
establishes a code violation. If it does not, the case should be resolved by file closure as provided in section
XIV of this manual.
The code enforcement staff, with the assistance of other CDD staff and county legal counsel as necessary,
and after any necessary field investigation, shall determine if the following elements have been established.
1. Responsible Person. The person or persons who are reasonably believed to have committed the
code violation, or who are or may be legally responsible for the alleged code violation, have been
identified.
2. Alleged Violation Occurred or is Occurring. A complaint may allege a code violation that
occurred in the past (e.g., construction without a permit) or that occurs only intermittently (e.g.,
surfacing sewage from a drainfield, or periodic non-permitted commercial activity in a residential
zone). The code enforcement staff shall determine whether there are reasonable grounds to
believe that the alleged violation did or does occur. Such grounds may be established either by
personal observation by the code enforcement staff, or by reliable evidence from a complainant.
If the code enforcement staff determines that reasonable grounds do not exist, no
enforcement action should be taken until the complainant or the code enforcement staff has had a
reasonable opportunity to develop such grounds. If no reasonable grounds are developed within a
reasonable period, the case should be resolved by file closure as provided in section XIV of this
manual.
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C. Assignment of Investigation and Enforcement Responsibility.
Policy. It is the county's policy that responsibility for field investigation and code enforcement should be
assigned to the CDD staff most able to conduct the investigation and undertake appropriate enforcement
action. For example, alleged violations of environmental health codes may best be investigated and
resolved by county sanitarian with their special expertise. However, all code enforcement activity should be
coordinated with code enforcement staff, and all NOV's and Voluntary Compliance Agreements (VCA) will
be drafted by code enforcement staff. Citations shall be drafted and issued by the Sheriff’s Office.
Procedure.
1. Assignment. Assignment of code enforcement responsibility shall be made by the CDD Director,
on a case-by-case basis or pursuant to standing policies in this manual or elsewhere. The
following criteria shall be used for assignment of responsibility:
a. the nature of the code violation(s) alleged in the complaint;
b. the knowledge and expertise needed to investigate the alleged violation;
c. the history of prior code enforcement on the subject property or with the alleged violator;
d. the status of permits and approvals on the subject property; and
f. the workload of the relevant CDD division staff and the projected timeline for investigation and
resolution of the complaint.
2. Coordination. Whenever responsibility for code enforcement activity is assigned to CDD staff
other than code enforcement staff, such staff shall consult with code enforcement staff and keep
them advised of their activities. When CDD staff other than code enforcement staff in assigned
to investigate a code violation complaint for which a code enforcement file has been created, such
staff shall enter a report of any action undertaken to investigate or to obtain compliance into the
CDD computer and the code enforcement screen.
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D. Field Investigation.
1. Purpose. The purposes of code enforcement field investigation are:
a. to verify the existence and severity of code violations;
b. to document code violations by means of written notes, photographs, witness interviews,
etc.;
c. to obtain supporting evidence, such as the names and statements of potential witnesses; and
d. if possible, to discuss with the property owner, occupant or other responsible person:
1) the nature of the code violation(s);
2) methods for complying with the code(s);
3) timelines for code compliance;
4) code enforcement procedures; and
5) potential consequences for failure to comply.
2. Coordination. Whenever responsibility for field investigation is assigned to CDD staff other than
code enforcement staff, the coordination and notification described in Paragraph C(2) of this
section shall occur.
3. Preparations and Precautions.
Policy. It is the county's policy that code enforcement staff and other assigned CDD staff, as well
as members of the public, should not be exposed to unreasonable risks of violent confrontation or
injury during the course of field investigations. Code enforcement staff and other assigned CDD
staff shall take whatever actions are reasonable and necessary to minimize the known risk of
violent confrontation or injury to themselves or others in conducting their field investigations.
Procedure.
a. Law Enforcement Assistance. When appropriate, the code enforcement staff or other
assigned CDD staff should contact the sheriff's office to determine if there have been
previous criminal complaints or investigations concerning the subject property or alleged
code violator, and whether, in the opinion of the sheriff's office, a field investigation would
present any threat to the safety of the code enforcement staff, other staff, the alleged code
violator or other persons present during a field investigation. The code enforcement staff or
other assigned CDD staff person may request law enforcement assistance in conducting the
field investigation, and may postpone such investigation until law enforcement assistance is
available.
b. Announced/Unannounced Field Visits. At the discretion of the code enforcement staff or
other assigned CDD staff, a field visit to the vicinity of the subject property may be
conducted with or without prior notice to the property owner, occupant or alleged code
14
violator. The determination of whether or not to give prior notice shall be made on the
basis of the following criteria:
1) the nature of the alleged violation;
2) whether or not prior notice will make detection and documentation of the alleged
violation more difficult; and
3) whether or not prior notice will unnecessarily increase the known risk of violent
confrontation or injury to the code enforcement staff or other assigned CDD staff.
c. Entering Upon Property or Premises.
Policy. It is the county's policy that code enforcement staff and other assigned CDD staff
shall not enter upon private property or premises to conduct a field investigation without
authority to enter.
Procedure. Code Enforcement Staff may enter unposted property to seek permission to
investigate on the premises. Unless permission is granted, the investigation shall be
conducted from public roads or property where permission to enter has been granted. If the
code enforcement staff or other assigned CDD staff does not have permission or other
authority to enter upon property or premises, and entry upon the property or premises is
necessary to conduct the investigation, the code enforcement staff or other assigned CDD
staff shall consult with county legal counsel about obtaining a search warrant.
E. Report of Field Investigation. Upon completion of the field investigation, the code enforcement
staff or other assigned CDD staff shall prepare an investigation worksheet to be placed in the code
enforcement file. The report shall include the following information:
1. name of investigator;
2. date, time and place of field visit;
3. code violation(s) observed;
4. if no code violation(s) observed, an explanation;
5. witnesses, if any, interviewed;
6. evidence, if any, obtained (e.g., photographs);
7. discussion, if any, of violation with owner, occupant or other responsible person;
8. action necessary to correct violation; and
9. recommended enforcement action.
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XII. ENFORCEMENT PROCEDURES
A. Voluntary Compliance Without Penalty.
Policy. It is the county's policy to encourage voluntary code compliance by providing code violators and
other responsible persons with the opportunity during code enforcement to comply with the codes with little
or no penalty. The county believes that voluntary compliance generally is less expensive for all parties and
of a more satisfactory and lasting nature than involuntary compliance.
Exception. Notwithstanding this policy, the county believes that allowing code violators the opportunity to
voluntarily comply any time during code enforcement, or outside reasonable time limits for such
compliance, may actually result in abuse of this opportunity in order to delay compliance. Therefore, it is
the county's policy to limit the time frame during which code violators may come into voluntary compliance
with little or no penalty.
Procedure.
The following procedure shall apply whenever a code violator brings his or her property into compliance
during code enforcement activity:
Timing of Compliance Disposition
a. After complaint/before field investigation File closed, no cost recovery
b. After field investigation/before NOV No NOV, file closed, no cost recovery
c. After NOV/before citation No citation, file closed, no cost recovery
d. After citation/before arraignment CDD Recommends dismissal of citation,
no cost recovery, double fees where
applicable
e. After arraignment/before trial CDD recommends prosecution, con-
viction or guilty plea bail forfeiture,
cost recovery, double fees where applic-
able
f. At time of trial CDD recommends prosecution, con-
viction or guilty plea, maximum fine,
cost recovery, double fees where applic-
able, civil penalties where applicable.
2. Limited Opportunities. Voluntary compliance without penalty or cost recovery will not be allowed
where the alleged violation is a repeat offense either on the subject property or by the code violator,
or where the original violation was not corrected following prior code enforcement action.
3. Limited Time Frames. Opportunities for voluntary compliance, where provided, shall be of limited
duration. The time frame for voluntary compliance shall be established in timelines set forth in this
manual or elsewhere.
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4. Time Extended by Voluntary Compliance Agreement. Following the issuance of a NOV, if the
alleged violator admits the violation(s) and requests extended time for voluntary compliance, the
alleged violator shall sign an " Voluntary Compliance Agreement." The agreement shall provide
that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to
abate the violation(s) by a specified time, and to waive hearing and consent to judgment against
him/her if voluntary compliance is not obtained during the extended time allowed by the county
and a citation is filed in court.
B. Notice of Violation.
1. When Sent. When the code enforcement staff or other assigned CDD staff determines there are
reasonable grounds to believe a violation did or does occur, based upon the information in the
complaint and any field investigation, an NOV shall be sent on a standard form (see Appendix D)
or in a letter or notice sent by the appropriate CDD division staff.
2. To Whom Sent. A NOV shall be sent to the subject property owner(s). A separate NOV shall be
sent to each additional person who is or may be responsible for the alleged violation.
3. How Sent. NOV's shall be sent by certified mail to the best available address for the property
owner(s) and other responsible person(s).
4. Follow-up. The date in the NOV for corrective action shall be entered in the CDD computer on
the code enforcement screen. After that date, if the code enforcement staff determines that the
required corrections have not been made and a Voluntary Compliance Agreement has not been
signed, the staff shall promptly forward the case to the Sheriff’s Office for citation of the alleged
violation.
5. Compliance. If the code enforcement staff determines that the required corrections have been
made, the date and method of compliance shall be noted in the code enforcement file and the case
shall be resolved by file closure pursuant to section XIV of this manual.
6. Corrective Action. In some cases, corrective action may consist of both applying for and
obtaining necessary permits or approvals. In such cases, the permit or approval application alone
will not be sufficient to assure compliance. The alleged violator must follow through with the
application process to obtain the necessary permit or approval.
Policy. It is the county's policy that in cases where code compliance requires both applying for
and receiving a permit or approval, code enforcement shall continue until all necessary permits or
approvals are granted or until they are denied and code compliance is obtained through other
means.
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Procedure.
a. Where the required corrective action consists of both applying for and obtaining permits or
approvals, code enforcement staff, in consultation with other appropriate CDD staff, shall
determine a reasonable time frame for applying for and obtaining the necessary permits or
approvals.
b. If at any time during the process for obtaining necessary permits or approvals the alleged
violator fails to meet the reasonable timelines established under this paragraph, and such
failure does not result from the actions of others, the code enforcement staff shall cite the
alleged violator pursuant to Paragraph C of this section.
c. If the alleged code violator is not granted the necessary permits or approvals, the code
enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section.
C. Citation and Complaint.
1. Voluntary Compliance. Where voluntary compliance can not be obtained by CDD within a
reasonable time frame, the case shall be forwarded to the Sheriff’s Office for citation and
complaint.
2. Field Investigation Required. No citation and complaint shall be prepared unless and until a field
investigation has verified the existence of a code violation.
3. Form. All citations shall be on a "Uniform Citation and Complaint," (see Appendix E), and shall
contain the information required under ORS 153.150.
4. Service. All summons for citations and complaints shall be served by personal service on the
person named in the complaint.
a. By Whom. service may be made by a law enforcement staff.
b. Within Deschutes County. Service on persons located within Deschutes County may be
made by a deputy sheriff or other sworn police staff.
c. Elsewhere In Oregon. Service on a person residing in another Oregon county may be made
by sheriff's deputies or other sworn police staff in that county. Code Enforcement staff shall
submit summons and complaint to the appropriate county sheriff for service.
d. Outside Oregon. Service on persons residing in other states may be made by the
appropriate county sheriff or by another sworn police staff. Code Enforcement staff shall
contact the appropriate out-of-state sheriff's office to request service and return of service.
e. Return of Service. Code enforcement staff shall assure that a return of service for each
summons and complaint has been received before the citation is filed in court.
f. Failure to Obtain Service. If personal service cannot be obtained after three (3) attempts, the
summons and complaint shall be returned to code enforcement for a determination of
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whether and when further service attempts are appropriate, or whether another method of
enforcement should be pursued.
4. Setting Arraignment. The date for arraignment in the citation and complaint shall be the first
available district court date that allows the person cited a reasonable time to respond to the
complaint. In setting the date, the Officer serving the summons and complaint shall consider the
district court schedule for code enforcement cases as well as the time needed to obtain service.
5. Filing Citation and Complaint. When the citation and complaint has been served and Sheriff’s
Office has received the return of service, the citation and complaint, abstract of court record and
return of service shall be filed in the district court.
6. Publication of Citation, Abatement and Injunction
Policy. It is the county's policy to increase both public awareness of county code enforcement
and incentives for code compliance by publishing on a regular basis the filing of citations,
abatement and injunctions.
Procedure. On a monthly basis, Sheriff’s Office shall provide to a newspaper of general
circulation in the county a summary of the code enforcement citations, abatement and injunctions
filed in the district court during the previous month, and shall request that such summary be
published. The summary shall include the names and addresses of the persons cited, brief
descriptions of the alleged violation(s), and the maximum fine(s).
7. Arraignment.
a. Purposes. The purposes of arraignment are to:
1) allow the defendant to enter a plea to the citation and complaint;
2) resolve any jurisdictional issues;
3) set a trial date if the plea is not guilty; and
4) if the plea is guilty, allow the defendant and the Sheriff’s Office Deputy the opportunity
to provide information to the court regarding sentencing.
b. Appearance by County Legal Counsel. County legal counsel shall not represent the county
at arraignment unless the defendant has legal counsel at arraignment.
8. Bail. Bail amounts for county code infractions shall be set in a bail schedule adopted by the
presiding judge for Deschutes County.
9. Failure to Appear at Arraignment. If the defendant fails to appear at arraignment, the Sheriff’s
Office Deputy may ask the court to issue a bench warrant for the defendant's arrest. However, the
Sheriff’s Office Deputy shall not request issuance of a bench warrant to be served outside
Oregon.
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10. Default. If the defendant fails to appear at arraignment, the code enforcement staff may request
that the district court enter a default judgment in favor of the county and impose a fine against the
defendant.
11. Trial. If the defendant pleads not guilty to the allegations in the citation and complaint, the code
enforcement staff shall request that the district court set the matter for trial at the earliest available
date.
a. Burden of Proof. The county has the burden of proving at trial, by a preponderance of the
evidence, the allegations in the citation and complaint.
b. Responsibility of Code Enforcement Staff. At trial, the responsibility of the code
enforcement staff is to prosecute the case by presenting evidence, calling witnesses and
offering any relevant documents and other exhibits in support of the citation.
c. Appearance by County Legal Counsel. County legal counsel shall not represent the county
at trial unless the defendant is represented by legal counsel at trial.
12. Fines.
a. Schedule. The schedule of maximum fines for county code infractions is set forth in ORS
153.310 and ORS 203.065 (see Appendix F).
b. Amount. If the defendant is convicted, the code enforcement staff shall request that the
district court impose a fine in an amount consistent with the policy and procedures set forth
in Section XII.A.1 of this manual.
13. Suspension of Fines. The district court has authority to suspend the imposition of all or a portion
of a fine. In some cases, the court may wish to suspend imposition of a fine or a part thereof on
condition that the defendant comply with county codes within a specified time period.
Policy. It is the county's policy to increase the effectiveness of code enforcement activity and the
incentives for code compliance by discouraging any suspension of fines in county code infraction
cases.
Procedure. If a defendant is convicted, Sheriff’s Office Deputy and/or county legal counsel shall
advise the district court of the county's policy against fine suspension, and shall ask the district
court not to suspend imposition of fines.
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14. Working Off Fines.
Policy. It is the county's policy that, in appropriate cases and consistent with Oregon law and
county corrections resources, defendants should have the opportunity to perform community
service in order to work off fines imposed by the district court for county code infraction
convictions. In particular, it is the county's policy to encourage defendants in appropriate cases to
participate in community service programs directed at nuisance abatement and similar code
enforcement.
Procedure. The county will work with the district court and the county's community corrections
staff to explore the implementation of community service programs directed at code violation
abatement.
15. Collection and Distribution of Fines. Fines imposed by the district court for county code
infractions are collected by the State Court Administrator and are remitted in part to the county.
Policy. It is the county's policy that all fines imposed for county code infractions and remitted to
the county should be used to pay the costs of county code enforcement.
Procedure. All fines imposed by the district court for county code infractions and remitted to the
county shall be deposited in the county General Fund and transferred to the CDD Revenue Fund
for budgeting and expenditure in the code enforcement program.
D. Injunctions.
Policy. It is the county's policy to seek injunctions from the circuit court in cases where other methods of
code enforcement may be inadequate or have been unsuccessful.
Procedure.
1. When Sought. Code enforcement staff may contact county legal counsel to obtain injunctions in
any case in which:
a. code violation(s) present an imminent threat to the public health and safety or to the
environment; or
b. code violations have not been corrected within a reasonable time after a defendant's third
citation for the same infraction(s) in district court..
2. By Whom. All requests for injunctions shall be made by county legal counsel, with the assistance
of Sheriff’s Office staff and other assigned CDD staff as necessary.
3. How Enforced. After issuance of an injunction, if the defendant fails to comply within the time
period specified in the injunction, the Sheriff’s Office or Community Development Department
staff shall request that county legal counsel initiate civil contempt proceedings against the
defendant.
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E. Stop Work Orders
Policy. It is the county's policy to increase code compliance by using stop work orders to the maximum
extent allowed by law. In particular, stop work orders shall be used to assure compliance with permits and
approvals the decisions for which are issued on or after the effective date of this manual.
Procedure.
1. Issuance of Stop Work Order. The appropriate CDD staff shall promptly issue a stop work order
in the following cases:
a. whenever follow-up of permits and approvals under Section VII of this manual reveals
construction, installation and/or land use activity not permitted under the permit or
approval; and
b. whenever the code enforcement staff or other CDD staff discover or receive a verified
complaint of non-permitted construction, installation or land use which is known to have
occurred on or after the effective date of this manual.
CDD staff issuing the stop work order shall promptly notify code enforcement staff on a
complaint form, and the information shall be entered in the CDD computer on the code
enforcement and building screens.
2. Violation of Stop Work Order. If construction, installation or land use activity continues after the
issuance of a stop work order, such activity shall be reported to code enforcement on a complaint
form. The Sheriff’s Office Deputy shall cite the alleged violator pursuant to XII.D. of this
manual.
(Note: Additional county code authority, and possibly statutory authority, is needed to authorize
stop work orders, and citations for violating stop work orders, for land use and environmental
health violations.)
F. Permit Revocation. Certain county codes authorize the revocation of permits or approvals for failure
to comply with their requirements or conditions.
Policy. It is the county's policy to maximize code compliance by revoking permits and approvals to the
extent authorized by law in appropriate cases arising from permits or approvals the decisions for which
are issued on or after the effective date of this manual.
In particular, it is the county's policy to use permit revocation in cases in which corrective action may
not be effective in bringing the subject property into code compliance due to the nature of the violation
and the deliberateness of the code violator's actions to avoid compliance.
Procedure.
1. Report to Code Enforcement Staff. If permit or approval follow-up under Section VIII.C of this
manual reveals that the conditions or requirements of a permit or approval have not been met,
CDD staff shall inform code enforcement of such violation on a complaint form, and the
information shall be entered in the CDD computer on the code enforcement screen.
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2. Revocation Procedure. CDD staff in the appropriate CDD division shall determine whether to
undertake permit revocation proceedings as authorized under the applicable county code
provisions. The following factors shall be considered:
a. whether the criteria for permit revocation set forth in the applicable county code provisions
exist;
b. the severity and deliberateness of the deviation from the permit or approval requirements or
conditions; and
c. whether compliance can be achieved more effectively through other code enforcement
methods.
G. Nuisance Abatement. Chapter 13.36 of the Deschutes County Code (hereafter "Code") authorizes the
abatement of county code violations that are defined as "public nuisances."
Policy. It is the county's policy that, as of the effective date of this manual, county code violations
constituting public nuisances shall be abated pursuant to chapter 13.36 of the code and within available
resources.
Procedure. When a code enforcement staff or other CDD staff discovers or receives a verified complaint of
a code violation that may constitute a "public nuisance," the information shall be submitted on a complaint
form and entered in the CDD computer on the code enforcement screen. Code Enforcement staff or other
assigned CDD staff shall promptly consult county legal counsel to initiate nuisance abatement pursuant to
chapter 13.36 of the code.
H. Dangerous Building Abatement. Chapter 15.04 of the code authorizes the abatement of buildings
containing violations rendering them "dangerous buildings" as defined in the code.
Policy. It is the county's policy that violations that may render a structure a "dangerous building" shall be
abated pursuant to Chapter 15.04 of the Code and within available resources.
Procedure. When a code enforcement staff or other CDD staff discovers or receives a verified complaint of
code violations in a structure that may render the structure a "dangerous building", the information shall be
submitted on a complaint form and entered in the CDD computer on the code enforcement and building
permit screens. The Deschutes County Building Official (hereafter "building official") shall be notified and
shall promptly consult with county legal counsel to initiate abatement proceedings under chapter 15.04 of
the code.
I. Double-fee Permits. Certain provisions of the code allow the county to charge double the normal fee
for permits issued for construction or installation originally performed without required permits.
Policy. It is the county's policy to maximize the incentives to comply with county codes by double-fees, to
the extent authorized with law, for permits sought for non-permitted construction or installation that occurs
on or after the effective date of this manual.
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Procedure. Whenever a code enforcement staff or other CDD staff discovers or receives a verified
complaint of non-permitted construction or installation, the information shall be submitted on a complaint
form and entered in the CDD computer on the code enforcement and building permit screens. When
construction or installation permits are sought for the non-permitted work, the following procedures shall
apply:
1. If the non-permitted work occurred before the effective date of this manual, the county may
double-fee the permit(s). The decision to double-fee shall be made by the building official or
designee, in accordance with criteria established in the applicable provisions of the code.
2. If the non-permitted work occurred on or after the effective date of this manual, the county shall
double-fee the permit(s).
J. Restricting Issuance of Development Permits. In some cases, persons apply for land use, construction
and/or environmental health permits to develop property upon which there already exist uncorrected county
code violations. In addition, in some cases, persons apply for permits for "accessory" structures, such as
garages and other outbuildings, that are later converted to non-permitted "primary" uses, such as a
residences. In such cases, the only effective way to correct or prevent code violations may be to restrict the
application for and/or issuance of such development permits.
(Note: Additional county code and/or statutory authority may be needed to allow refusal to
accept permit or approval applications or to refuse to issue permits or approvals due to pending
code violations.)
It is the county's policy, to the extent authorized by law, not to issue permits or approvals, nor to renew or
extend permits and approvals, for development on any property on which there already exist uncorrected
code violations. The restriction should continue until such violations are corrected.
It is also the county's policy not to issue permits or approvals, nor to renew or extend permits or approvals,
for "accessory" structures, such as garages and outbuildings, on vacant property, on property on which there
does not already exist a permitted primary residential or commercial use, and on property for which a permit
or approval for a "primary" use is not sought simultaneously with the "accessory" use permit or approval.
The restriction should continue until the primary permitted use is established or a permit for it is sought.
Exceptions.
1. Land use, construction and/or environmental health permits, or renewals or extensions of such
permits, sought in order to correct existing county code violations on the subject property shall be
issued if all criteria for issuance are met.
2. These provisions shall not apply to the issuance of agricultural building exemptions as set out in
ORS 455.315. Exemption from the state structural code for qualifying agriculture buildings shall
be issued if all criteria for the exemption are met.
3. Accessory uses permitted under Title 18.116.040.
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Procedure.
1. Determination of Existing Violations. Whenever land use, construction and/or environmental
health permits are applied for, or renewals or extensions of such permits are sought, CDD staff
shall determine if there are existing code violations and the status of those violations.
2. Determination of "Accessory" Status. Whenever land use, construction and/or environmental
health permits are applied for, or a renewal or extension of such permits are sought, for a garage,
outbuilding or other similar "accessory" structure, CDD staff shall determine if there exists on the
subject property a permitted "primary" use to which the structure would be "accessory," or
whether a permit or approval is also being sought for the "primary" use.
3. Applications for Permits/Approvals.
a. Existing Code Violations. If review of CDD's records and/or consultation with code
enforcement staff reveals the existence of unresolved code violations on the subject
property, CDD Staff shall not accept applications for the requested permit(s) or approvals
or renewals or extensions thereof, nor shall staff issue permits or approvals or renewals or
extensions thereof. Instead, staff shall promptly consult with code enforcement to
determine whether the permit or approval, or the renewal or extension thereof, is being
sought in order to correct the existing code violation(s).
If the requested permit or approval, or renewal or extension thereof, is determined to be
required for code compliance, the application shall be accepted, or the permit or approval
shall be issued if all necessary conditions have been met. CDD staff shall refer persons not
allowed to apply for permits or approvals, or to whom issuance of permits or approvals or
renewals or extensions thereof has been denied under this subparagraph, to a code
enforcement staff to discuss required corrective action.
b. "Accessory" Structures. If review of CDD's records reveals that no "primary" use exists on
the subject property to which the structure applied for would be "accessory", or if no
permits or approvals for the "primary" use are simultaneously applied for on the subject
property, CDD staff shall not accept applications nor issue permits or approvals, or
renewals or extensions thereof, for the requested "accessory" structure. CDD staff shall
refer persons not allowed to apply for permits or approvals, or to whom issuance of permits
or approvals or renewals or extensions thereof, has been denied under this subparagraph to
a planner to discuss the establishment of the necessary primary use.
4. Duration of Permit/Approval Restrictions. No land use, construction and/or environmental health
permits or approvals, or renewals or extensions thereof, may be applied for or issued, except as
provided above, until all necessary corrective action has been taken with respect to existing code
violations under subparagraph 3(a), or until the necessary "primary" use has been established or
applied for on the subject property under subparagraph 3(b) of this paragraph.
5. Coordination. Whenever the provisions of this paragraph apply, code enforcement and other
CDD staff shall closely coordinate their permitting and enforcement activities to assure
compliance with this paragraph.
K. Assisting Enforcement by Other Regulatory/Licensing Agencies. In some cases, county code violations
also may constitute violations of federal and/or state statutes or administrative rule. For example, surface
25
mining without county land use approval may also violate state statutes and administrative rules governing
mining, and performing building construction without necessary permits may also constitute violations of
state statutes and administrative rules governing the conduct of licensed contractors.
Policy. It is the county's policy to maximize code enforcement and the incentives for compliance by
promptly advising the appropriate federal and/or state agency of county code violations reported or
discovered that may also violate the statutes or administrative rules of that agency.
It is also the county's policy to cooperate with federal or state agencies, to the extent authorized or required
by law or by intergovernmental agreement, to obtain voluntary compliance or to punish violations. The
county may defer investigation and prosecution to the appropriate federal or state agency in cases in which,
as determined by the CDD Director or designee, the federal or state agency enforcement procedure will
result in more effective correction of the violation(s).
Procedure.
1. Reporting. Whenever a code enforcement staff or other CDD staff discovers or receives a
verified complaint regarding a county code violation that may also constitute a violation of
federal or state statute or administrative rule, he or she shall advise the appropriate federal or state
agency.
2. Cooperation. To the extent authorized or required by law or by intergovernmental agreement,
code enforcement staff and other CDD staff shall cooperate with the federal or state agency to
obtain voluntary compliance or to prosecute and punish violations. That cooperation may include
sharing information, conducting joint investigations, appearing as witnesses and/or providing
evidence in enforcement proceedings, and coordinating the timing of investigations and/or
enforcement proceedings to maximize their effectiveness.
3. Deferral to Other Agency. The county may defer some or all code enforcement to a federal or
state agency, and forego county code enforcement, where the CDD Director or designee
determines that the federal or state enforcement activity will be more effective than county code
enforcement. In making the determination, the following factors shall be considered:
a. the nature of the violation and necessary corrective action;
b. the comparative severity of the penalties available to the federal or state agency and to the
county; and
c. the comparative time frames required for enforcement by the federal or state agency and by
the county.
L. Civil Penalties. Monetary penalties for county code infractions may be assessed through a county
administrative hearing procedure, separate from the citing and prosecution of county code infractions
in district court.
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Policy. It is the county's policy to maximize code enforcement and to increase the incentives for compliance
by creating a county administrative hearing procedure for assessing and collecting civil penalties against
county code violators. The county believes the assessment and collection of civil penalties in such an
administrative hearing procedure may be the most effective way to obtain code compliance in cases in
which the code violator is receiving economic gain from continuing code violation(s).
Procedure. The county will explore, as an additional method of code enforcement, the development of
authority and procedures for county administrative hearings for the adjudication, assessment and collection
of civil penalties against county code violators.
M. County Cost Recovery. The county incurs costs investigating code violations and enforcing codes.
They include the cost of personnel and equipment, legal advice and representation, service of summons, and
administrative expenses.
Policy. It is the policy of the county to maximize code enforcement and to increase the incentives for code
compliance by recovering its reasonable code enforcement costs from code violators.
Procedure. The county will explore the development of the authority and procedures for a code
enforcement cost recovery program.
N. Liens. In many cases, the most effective way for the county to recover its code enforcement costs, as
well as to collect any civil penalties assessed through administrative hearings, is to file a legal claim for
those costs or penalties against the property subject to code enforcement, or against other property owned by
the code violator.
Policy. It is the county's policy to assure recovery of its costs, as well as the collection of civil penalties
assessed through administrative hearings, by filing claims for those costs and penalties in the form of liens
on property subject to code enforcement, or upon other property owned by code violators.
Procedure. The county will explore developing the authority and procedures for the filing of liens against
real property for the collection of code enforcement costs and civil penalties assessed through county
administrative hearings.
XIII. FINANCIAL HARDSHIP
Some county code violations involve property owners or other responsible persons who lack the financial
ability to obtain permits and approvals, or to perform or contract for the construction or other work
necessary to correct code violations, or pay court ordered fines for code violation.
Policy. It is the county's policy to investigate and take enforcement action against all code violations,
regardless of the financial resources of the property owner or other responsible person. However, the
county recognizes that the effectiveness of code enforcement may be significantly reduced where the code
violator is indigent. Therefore, it is the county's policy to assist indigent code violators, to the extent
authorized by law and within available county and community resources, to correct code violations. That
assistance may include the reduction or waiver of county permit and approval fees, as well as facilitating
financial or construction assistance through other community resources, or community service in lieu of
fines.
27
Procedure. In cases where the defendant in a code infraction case appears not to have the financial
resources to correct the code violations or pay fines, the person may apply to qualify for financial or other
assistance within available resources and under the following procedures:
A. Criteria for Indigence. To qualify for assistance under this section, the property owner or other
responsible person must meet the criteria for indigence established by the state Court
Administrator for indigent criminal defense.
B. When Determined. Indigence shall be determined if the defendant pleads guilty to or is convicted
of an infraction, and claims indigence in the district court.
C. How Determined. A defendant claiming indigence shall complete an indigence form (see
Appendix G). The form shall be evaluated by code enforcement staff to determine if the defendant
meets the criteria for indigence. The defendant shall be notified in writing of the county's
indigence determination and available county or community assistance.
D. Fee Reduction/Waiver. A defendant who is determined to be indigent under this section may
apply for a reduction or waiver of CDD development fees for permits or approvals necessary to
correct the code violation(s). The decision to reduce or waive development fees will be made by
the Board, considering the following factors:
1. the degree of the defendants indigence;
2. the cost of the development permit(s) or approval(s) required;
3. funds available for fee reductions/waivers in CDD's budget or in any other available
funds;
4. and other assistance available in the community.
E. Community Service in Lieu of Court Ordered Fines. After a conviction or plea on a code
violation and upon a finding of indigence the court may order community service in lieu of a fine. A
period of time shall be established in which the community service shall be completed.
F. Special Code Enforcement Indigence Fund.
The county will explore the development of a special fund, in CDD's budget or elsewhere in the
county's budget, for the purpose of subsidizing fee reductions or waivers under this section.
G. Other Assistance.
The county will also explore the development of a program to assist indigent defendants with other
code compliance costs, such as the cost of labor and materials necessary to correct code violations.
This program should involve other interested persons and community organizations, such as Central
Oregon Builders Association, Central Oregon Bird of Realtors, Central Oregon Community Action
Agency Network, Deschutes Housing Solutions, Habitat for Humanity, etc.
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XIV. RESOLUTION OF CODE COMPLAINTS
Policy. It is the county's policy to attempt to reach final, satisfactory resolution of all code violation
complaints. However, the county recognizes that not all complaints may be resolved successfully, due to
factors outside the county's control.
These factors can include the indigence of the code violator, the lack of county or other resources to assist
the violator, statutory limitations on potential fines or other penalties for code violations, and the large
number of complaints to be resolved.
Therefore, it is the county's policy to focus its code enforcement resources on the code violations that meet
the priorities set forth in Section VI of this manual, and to resolve those violations within a reasonable
period set for code enforcement activity in this manual or elsewhere. Where the county determines that a
code violation may not be successfully resolved within the established reasonable timelines, it is the
county's policy to either close the file, or to explore alternative methods of enforcement.
Procedure.
A. File Closure. A code violation complaint will be resolved by file closure in the following cases:
1. when no code violation is found after investigation;
2. when there is voluntary compliance;
3. when the property owner and/or other responsible person has been convicted of an
infraction and has corrected the violation(s);
4. when an injunction has been issued and the property owner or other responsible person has
corrected the violation(s);
5. when investigation and prosecution of the violation(s) have been completed by a federal or
state agency to which the county deferred code enforcement; or
6. when it is determined in writing by the CDD Director or designee that the code violation(s)
are not likely to be successfully resolved within a reasonable timeline, due to factors
outside county control.
B. Notice of Resolution. The county may send written notice to the complainant when the complaint
is resolved, describing the resolution.
C. Alternate Methods of Resolution. The county may explore alternate methods to resolve code
violations including mediation.
XV. FILE MAINTENANCE
County code enforcement files, including CDD computer records, are the official records of county code
enforcement activity. As such, the files and computer records shall be maintained pursuant to the rules of
the secretary of State for maintenance of official records.
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VI. MEDIA CONTACT
Policy. It is the county's policy to make information available to representatives of the news media to the
extent legally authorized.
Procedure.
A. Disclosure of File and Computer Information. The contents of county code enforcement files and
computer records, and statements of county staff concerning code enforcement cases, shall be
made available to representatives of the news media upon request made to the CDD Director, and
subject to the provisions of section VIII.A.(3) of this manual and the pertinent statutory
provisions governing public record disclosure
XVII. APPENDICES
A. Complaint Form
B. Undocumented structure Policy
C. Agreement to Abate
D. Notice of violation (NOV) Form
E. Uniform citation and complaint
F. ORS 153.310 and ORS 203.065 (Maximum Fines)
G. Indigence Form
Tom Anderson
From: Roger Lee <roger@edcoinfo.com>
Sent: Tuesday, March 12, 20134:03 PM
To: Roger Lee
Cc: Alana Hughson (alana@visitcentraloregon.com); Kim Dickie (kim.dickie@f1yrdm.com)
Subject: Yesterday's meeting in Redmond regarding Central Oregon service to LAX
Dear Commissioners and Administrators:
Thank you all again for making time in our schedule to attend or send representative(s) to the meeting yesterday
morning in Redmond to discuss a critical component of the regional package for direct flights to southern California via
American. I have to say it makes me very proud to work in a region where an effort like this, moving at the pace it is,
could be unanimously supported by all of the region's cities and counties with such efficiency. I doubt whether that kind
of decision·making unity could happen in many parts of the state or many regions of the Pacific NW.
To recap the meeting, the cities and counties in attendance agreed to the following range of support for the Revenue
Guarantee for the RDM·LAX service on American:
Lower Range Upper Range
Crook Cou nty $5,000 $10,000
Deschutes County $20,000 $25,000
Jefferson County $5,000 $10,000
City of Bend $15,000 $20,000
City of Madras $3,000 $5,000
City of Prineville $4,000 $5,000
City of Redmond $15,000 $20,000
City of Sisters $5,000 $5,000
TOTALS: $72,000 $100,000
If all the cities and counties approve participation at the low range, we are $28,000 short -funding that we will have to
raise from the private sector. If all come in at the upper range, the region's public entities will have covered the entire
required revenue guarantee -something I think would be a remarkable accomplishment. I understand that the plan
going forward would be for city and county contributions to be sent to the Redmond Chamber of Commerce, which will
have an agreement either with the City of Redmond or directly with American Airlines.
As you deliberate individually, please let me know if I can be of any assistance with information.
Thanks again,
Roger
RogerJ.Lee
Executive Director
Office: 541·388·3236
Mobile: 541·390.8989
www.edcoinfo.com
Central Oregon: Destination Opportunity
1
Bonnie Baker
From: Roger Lee, Executive Director <info@edcoinfo.com>
Sent: Thursday, March 07, 20134:27 PM
To: Board
Subject: RE-SEND: Potential air service from ROM to LAX -pledge by Friday, March 15
Having trouble viewing this email? Click here
We apologize for resending this email. We had an interruption in delivery and ask that you
refer to the documents linked in this message. Thanks!
Direct service from ROM to Los Angeles is possible -if you act by March 15
Direct daily flights from Central Oregon to Los Angeles have for years been the top
commercial air service priority for businesses and residents in our region. We now
have a rare chance to secure daily round trip service to LAX with American Airlines,
but have an extremely small window of opportunity to demonstrate support.
Businesses, local governments and individuals collectively need to commit at least
$350,000 in pre-paid travel for these direct flights by Friday, March 15, 2013.
Make a pledge today or attend an informational meeting among those listed below
to get more information about playing a critical role in making this opportunity a
reality.
If you're ready to make a commitment, download a pledge form here.
Complete the one page form and return to EDCO via email at Info@edcojnfo.com or fax to
541-385-9487 (COVA's fax number). If you need a few quick questions answered as you
complete the pledge form, call us at 541-388-3236.
Need more information about the service and Airline Travel Bank before
1
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making a commitment?
Read over the frequently Asked Questions (fAQs) or flip through a
PowerPoint. Not enough detail? Attend a 30 minute informational meeting that
clearly but concisely outlines the opportunity, details about the Airline Travel Bank,
and other incentives in the package that is being offered to attract this vital
service.
Informational Sessions
Leading air service consultant Mead 8r. Hunt and EDCO Executive Director Roger
Lee will provide an overview of the Travel Bank including financial, legal and timing
details as well as answer specific questions you have. Feel free to attend a meeting
that fits your schedule in any community, but send us a courtesy email or call
(541-388-3236) to let us know you are coming, so we may plan accordingly.
Date
Fri, March 8
Mon, March 11
Tues, March 12
Wed, March 13
AIRLINE TRAVEL BANK MEETINGS
Location
EDCO Bend office
EDCO Bend office
Open
eDCO Bend office
eDCO Bend office
EOCO Bend office
Click here for a maD tQ EPCO's Bend Qffice.
2
SageSage--Grouse ConservationGrouse Conservation
Land Use Assessment and Impact AnalysisLand Use Assessment and Impact Analysis
Peter Gutowsky, Principal Planner, AICP
Community Development Department
117 NW Lafayette Avenue
Bend, Oregon 97701
Main Line: 541-388-6575 Fax: 541-385-1764
www.deschutes.org/cdd
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 2
I. Background ........................................................................................................ 5
U.S. Fish and Wildlife ................................................................................................................... 5
ODFW Sage-Grouse Population Management ....................................................................... 5
Sage-Grouse Core Area and Low Density Habitat ...................................................................... 5
Deschutes County Sage-Grouse Habitat ................................................................................ 5
II. Purpose of the Report ...................................................................................... 8
III. Deschutes County Land Use Planning Program ............................................ 9
Legal Framework ......................................................................................................................... 9
Land Use Planning History ......................................................................................................... 9
IV. Comprehensive Plan and Zoning .................................................................. 10
Overview ..................................................................................................................................... 10
Base Zoning within Sage-Grouse Designated Areas ........................................................... 12
Combining Zones within Sage-Grouse Designated Areas ................................................. 13
V. Existing Habitat Conservation Measures ...................................................... 14
Exclusive Farm Use: Horse-Ridge East Subzone .................................................................. 14
Non-Farm Dwelling Policy ....................................................................................................... 14
Floodplain Zone ......................................................................................................................... 15
Forest Use 1 Zone ................................................................................................................... 15
Open Space and Conservation Zone .................................................................................... 15
Sensitive Bird and Mammal Habitat Combining Zone ....................................................... 15
Wildlife Area Combining Zone ............................................................................................... 19
VI. Built Environment and Development Activity .............................................. 20
Housing Units ............................................................................................................................. 20
Roads and Utilities ..................................................................................................................... 20
Surface Mining Sites ................................................................................................................... 20
Land Use and Building Permit Activity (2003-2013) ........................................................... 23
VII. Impact Analysis ................................................................................................ 25
Risk Assessment ......................................................................................................................... 25
Finding .......................................................................................................................................... 26
Conclusion .................................................................................................................................. 27
List of Figures
Figure 1, Deschutes County, Oregon ....................................................................................... 6
Figure 2, Deschutes County Sage-Grouse Conservation Area .......................................... 6
Figure 3, Federal and Non-federal Lands Affected by ODFW Sage-Grouse Core and
Low Density Habitat ............................................................................................................. 7
Figure 4, Sensitive Bird and Mammal Habitat and Wildlife Area Combining Zones in
Southeastern Deschutes County ...................................................................................... 13
Figure 5, Deschutes County Goal 5 Sage-Grouse Range (1994) ..................................... 17
Figure 6, County Roads in ODFW Sage-Grouse Core and Low Density Habitat ....... 20
Figure 7, Deschutes County Goal 5 Surface Mines Affected by ODFW Sage-Grouse
Core and Low Density Habitat ......................................................................................... 22
List of Tables
Table 1, Total Acreage and Parcels in Deschutes County ..................................................... 6
Table 2, Acres and Parcels in Deschutes County Containing Sage-Grouse Habitat ..... 6
Table 3, Deschutes County Comprehensive Plan and Zoning Designations ................. 11
Table 4, Deschutes County Base Zoning within ODFW’s Core and Low Density
Habitat ................................................................................................................................... 12
Table 5, Deschutes County Combining Zones within ODFW’s Core and Low
Density Habitat .................................................................................................................... 13
Table 6, Conflicting Uses with Goal 5 Sage-Grouse Lek Habitat Sites ........................... 16
Table 7, Program to Meet Goal 5 Sage-Grouse Lek Habitat Sites ................................... 17
Table 8, Summary of Sensitive Bird and Mammal Habitat Combining Zone for Sage -
Grouse ................................................................................................................................... 18
Table 9, Summary of Wildlife Area Combining Zone for Antelope and Deer Winter
Range ..................................................................................................................................... 19
Table 10, Surface Mining Sites in Sage-Grouse Habitat ...................................................... 21
Table 11, Land Use Planning Permits (2003-2013) .............................................................. 23
Table 12, Building Permits (2003-2013) ................................................................................. 23
Table 13, Central Oregon Sage-Grouse Risk Levels ........................................................... 25
Table 14, Recap of Deschutes County’s Conservation Zoning ........................................ 26
3 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Source Documents
1. ODFW, Greater Sage-Grouse Conservation Assessment and Strategy for Oregon: A Plan to
Maintain and Enhance Populations and Habitat. April 22, 2011.
2. ODFW Greater Sage-Grouse Backgrounder. December 6, 2011.
3. DLCD, A Summary of Oregon’s Statewide Planning Goals.
4. Deschutes County Sage-Grouse Conservation Area Index Maps. January 16, 2013.
5. Deschutes County Agricultural Resource Lands Project, Oregon State University Extension
Service. June 1992.
6. Deschutes County Conditional Use Permit 92-169.
7. Deschutes County Ordinance No. 94-004.
8. Deschutes County Code, Chapter 18.90, Sensitive Bird and Mammal Habitat Combining
Zone.
9. Deschutes County Code, Chapter 18.88, Wildlife Area Combining Zone.
10. Sage-Grouse Conservation Objectives Draft Report. Submitted August 1, 2012.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 4
I. Background
U.S. Fish and Wildlife
In April 2010, the US Fish and Wildlife Service (FWS) determined that protection of the greater sage -grouse
under the federal Endangered Species Act (ESA) was warranted. However, listing the greater sage -grouse
was precluded at this time by the need to address other listings facing greater risk of extinction. The sage -
grouse is now a candidate species for listing. More than any native species since the spotted owl, the sage-
grouse sparks direct conflict with traditional industries and emerging, large-scale renewable energy projects,
from livestock grazing to the construction of wind turbines and power lines. The status of the sage-grouse,
both biologically and legally, is important to the state of Oregon because so much of Central and Eastern
Oregon consists of sage-grouse habitat. If sage-grouse is protected as a threatened or endangered species,
federal agencies will be required to consult with FWS on projects and approvals that may affect it. “Taking” a
sage-grouse will be illegal, and the FWS will be required to designate “critical habitat,” resulting in further
restrictions upon activities in those areas. The FWS will begin reviewing the status of sage-grouse in 2014, a
final determination of whether to list the species will be released in 2015.
ODFW Sage-Grouse Population Management
The Oregon Department of Fish and Wildlife (ODFW) is the lead state agency managing sage-grouse. In
2005, a multi-stakeholder group (including federal, state and private agencies) developed, The Greater Sage-
Grouse Conservation Assessment and Strategy for Oregon (Strategy) to help manage sage-grouse populations in
Oregon. It was adopted by the Oregon Fish and Wildlife Commission in April 2011. It describes ODFW’s
management of greater sage-grouse and provides guidance to public land management agencies and land
managers for sage-grouse conservation. Conservation actions are encouraged on private lands. ODFW’s
overall goal is to maintain or enhance sage-grouse abundance and distribution at the 2003 spring breeding
population level, approximately 30,000 birds over the next 50 years.1
Sage-Grouse Core Area and Low Density Habitat
The Strategy identifies and maps Core Areas of habitat that are essential to sage -grouse conservation.2
According to ODFW, the maps and data provide a tool for planning and identifying appropriate mitigation in
the event of human development in sage-grouse habitats. Core Areas represent a proactive attempt to
identify a set of conservation targets to maintain a viable and connected set of populations before the
opportunity to do so is lost. These areas should be targeted for conservation actions or protections when
large scale disturbances are proposed. Alternatively, the Low Density habitats may assist in identifying areas
where impacts to sage-grouse populations can be less of a risk, or opportunities exist to mitigate for lost
habitat.3
Deschutes County Sage-Grouse Habitat
As shown in Figures 1 and 2, sage-grouse habitat in Deschutes County is located in the southeast, near
Millican, Brothers, and Hampton.
1. Source Document 1. ODFW, Greater Sage-Grouse Conservation Assessment and Strategy for Oregon: A Plan to Maintain and Enhance Populations
and Habitat. April 22, 2011. Pages x and 34.
2. Ibid., Page x.
3. Deschutes County found that the ODFW Sage-Grouse Core Area and Low Density GIS data are not very exact. In every occurrence when
a Core Area has a coincident boundary with a Low Density, the GIS data either overlaps or contains a gap by up to 40 feet. ODFW
recommended the overlapping areas fall under the Core Area designation.
5 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
ODFW’s management recommendations for the U.S. Bureau of Land Management (BLM) Prineville District,
which include the affected portions of Deschutes County shown in Figure 2, are:
Restore greater sage-grouse abundance and distribution near the 1980 spring breeding population level,
approximately 3,000 birds.4
According to the Strategy, because the Prineville District is at the northern edge of sage-grouse range,
connectivity in this region is important. The primary habitat block where sage -grouse occur is contiguous
with the area shared by the Lakeview and Burns districts. Table 1 lists the total number of federal and non -
federal parcels and their respective acreages in Deschutes County. Seventy-six percent of Deschutes
County’s land base is managed by the federal government. As shown in Table 2, 437,987 acres are designed
Core Area and Low Density habitat. This constitutes 23% of the total acreage in Deschutes County.
Disaggregating the acreage further, 22% of the federal lands and 26% of non-federal lands in Deschutes
County are designated in sage-grouse habitat. Seventy-two percent of the habitat is located on federal lands
and 28% on non-federal lands. Parcel data shows that the federal government is also the most affected.
Thirty-nine percent of the federal government’s total parcels in Deschutes County are designated in sage-
grouse habitat, compared to 1% of non-federal lands. Figure 3 shows the region in greater detail by depicting
federal and non-federal lands within Core Area and Low Density habitat.
Figure 2 Figure 1
4. See note 1. Page 39.
5. Non-federal lands in Deschutes County contain state, county, city owned and special district properties.
6. Several parcels contain Core Area and Low Density habitat
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 6
Table 1 - Total Acreage and Parcels in Deschutes County
Federal Lands Non-federal Lands5 Total
Acreage
Number 1,446,395 466,506 1,912,901
Percent 76% 24% 100%
Parcels
Number 615 95,569 96,1874
Percent 1% 99% 100%
Table 2 - Acreage and Parcels in Deschutes County Containing Sage-Grouse Habitat
Core Area Low Density Total Percent Habitat (Core and Low D.)
Federal Lands Non-Federal Lands Federal Lands Non-Federal Lands Federal Lands Non-Federal Lands
Acres 182,482 66,723 132,946 55,836 437,987 72% 28%
Parcels6 114 402 125 464 1,105 22% 78%
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7 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
II. Purpose of the Report
Over the last two years, the Governor’s Office, Natural Resource Conservation Service (NRCS) and the
BLM have been convening meetings in response to the “Warranted but Precluded” sage -grouse listing status
in order to share information about the needs and issues related to habitat conservation across Central and
Eastern Oregon. The Governor’s office created an Oregon Sage-Grouse Conservation Partnership (Sage
Con) to coordinate federal, state, and local efforts (current and projected) to address the multiple threats to
sage-grouse across the Central and Eastern Oregon sagebrush landscape in anticipation of the FWS review of
the bird’s “Warranted But Precluded” status under the federal ESA. Sage Con is now developing an “all lands,
all threats” approach to sage-grouse conservation to meet that challenge while providing a model for a
sustainable future for central and eastern Oregon communities. Four working groups have been formed:
Habitat Fragmentation Work Group addresses habitat fragmentation related to energy generation,
transmission lines, mining and other types of development associated with infrastructure on rural lands.
Fire and Invasives Work Group addresses threats from fire and invasives as well as activities
associated with grazing and agriculture.
Mitigation Work Group addresses potential opportunities to protect sage-grouse that offset land
development and management activities.
Technical Work Group provides technical support.
According to ODFW and FWS, the primary threats to sage-grouse across its range are:
Habitat loss and fragmentation, including wildfire;
Invasive plants;
Energy development;
Urbanization;
Agricultural conversion and unmanaged grazing;
Infrastructure; and
Climate change.7
Deschutes County, as a member of the Habitat Fragmentation Work Group is performing a baseline
assessment and an impact analysis to characterize the level of disturbance associated with development in
sage-grouse designated habitat subject to its permitting authority. Land use and building permits issued from
2003-2013 are examined.8 After completing its assessment, which includes an evaluation of the area’s
comprehensive plan, zoning, wildlife conservation measures, population, and 10 year development history in
Core Area and Low Density habitat, Deschutes County analyzes whether this pattern poses a risk to it.
Activities taking place on sage-grouse habitat located on public lands managed by the BLM and U.S. Forest
Service (FS) are subject to their own federal resource and land use management plans and are therefore,
exempt from local review. However, both agencies are conducting an environmental analysis and preparing a
draft and final programmatic Environmental Impact Statement (EIS) for amendment of federal land use plans
to incorporate conservation measures for the Greater sage-grouse in Central and Eastern Oregon.
Deschutes County is participating as a cooperating agency with Oregon BLM in their Strategy. The BLM aims
to incorporate objectives and conservation measures into their land use plans by September 2014 in order
to provide adequate regulatory mechanisms to conserve sage-grouse and their habitat. Deschutes County
will provide a final version of the baseline assessment and impact analysis to the BLM in Fall 2013 so it can be
formally considered with their draft EIS.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 8
7. Source Document 2. ODFW Greater Sage-Grouse Backgrounder. December 6, 2011. Page 1. Also see note 1. Pages 40-48. A similar FWS
reference is found at: http://www.fws.gov/mountain-prairie/species/birds/sagegrouse/03052010Q&A.pdf. Pages 5-7.
8. See note 1. Page ix. Oregon sage-grouse numbers apparently have declined over the long-term (1957-2003).
Legal Framework
In 1973 the Oregon Legislature adopted a statewide planning system that draws a bright line
between urban and rural land uses, channeling growth and infrastructure into urban areas
while protecting farm and forest lands. Public outreach around the state led to the adoption
of 19 Statewide Planning Goals (Statewide Goals).9 These Statewide Goals are implemented
through local governments’ adopted comprehensive plans. Local comprehensive plans are
reviewed for compliance with the Statewide Goals by the Oregon Land Conservation and
Development Commission (LCDC), a seven-member committee appointed by the Governor and staffed by
the Department of Land Conservation and Development (DLCD). The comprehensive plans are, in turn,
implemented through zoning, land division ordinances and other planning techniques. The majority of the
Statewide Goals are written broadly, with specific regulations cited either in Oregon Revised Statute (ORS)
or Oregon Administrative Rule (OAR). LCDC adopts OARs which clarify and implement the Statewide
Goals. Over time, the rules, regulations and case law defining them have become more detailed and complex.
Nonetheless, they are a significant factor in determining the elements of a comprehensive plan.
Land Use Planning History
The purpose of a comprehensive plan is to provide a blueprint for land use conservation
and development. This is accomplished through goals and policies that tell a cohesive
story of where and how development should occur. A comprehensive plan provides a
consistent policy framework for more specific land use actions and regulations such as
zoning. Goals and policies are based on existing conditions and trends, population
projections and community values. In Oregon, comprehensive plans must comply with
the statewide planning system, which as noted above, was adopted in 1973 to ensure
consistent and proactive land use policies across the state. While compliance with the statewide system is
required, it is also important for a comprehensive plan to reflect local issues and interests. In Deschutes
County, the Comprehensive Plan provides a policy framework for the rural, unincorporated areas. The cities
of Bend, La Pine, Redmond and Sisters each maintain their own comprehensive plans within their respective
Urban Growth Boundaries (UGB). Intergovernmental agreements between the cities and Deschutes County
coordinate land use within urban unincorporated boundaries.
Deschutes County’s first comprehensive plan, Comprehensive Plan to 1990, was
adopted in 1970. To comply with newly adopted statewide planning regulations a
new plan was adopted in 1979, titled, Year 2000 Comprehensive Plan (Plan 2000). In
1981, Plan 2000 was acknowledged as being in compliance with the Statewide
Goals. Along with Plan 2000, the County adopted a Resource Element. It contained
valuable background information, including maps depicting the long-term general
land use categories for all lands in the county. Over time the County amended Plan 2000 to comply with
changes initiated by LCDC, the Board of County Commissioners and property owners through Post
Acknowledgement Plan Amendments (PAPAs). Periodic Review, a mandatory plan update process required by
DLCD was initiated in 1988 and completed in 2003. Periodic Review included major additions and
amendments to Plan 2000 to keep the plan and its policies current with evolving land use law and local
conditions. Plan 2000 was codified into Title 23 of the Deschutes County Code (DCC). Responding to rapid
growth and changing demographics, in 2011, the Board of County Commissioners completed a multi-year
effort to establish the 2030 Comp Plan Update (Plan 2030). This new plan incorporates updated goals and
policies, community plans for Tumalo and Terrebonne, and new projects like the South County Plan,
destination resort remapping, a 2030 Transportation System Plan, and a South County Local Wetland
Inventory. Plan 2030 continues to balance statewide requirements and local land use values.
III. Deschutes County Land Use Planning Program
9. Source Document 3. DLCD, A Summary of Oregon’s Statewide Planning Goals.
9 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Overview
Local comprehensive plans govern land use regulations. On rural lands, growth is significantly restricted to
protect farms, forests and natural resources. Deschutes County is required to plan in compliance with the
Statewide Goals in order to promote orderly and efficient growth and protect resources important to
Oregonians. The Comprehensive Plan Map (Plan Map) illustrates the County’s goals and policies. The Plan
Map describes land use categories that provide for various types of conservation and development for the
rural area during a 20-year planning period. Each Comprehensive Plan designation provides the land use
framework for establishing zoning districts.10 The Plan map designations are defined below.
Agriculture: Preserves and maintains agricultural lands for farm use.
Airport Development: Allows development compatible with airport uses while mitigating impacts on
surrounding lands.
Bend Urban Area Reserve: Define lands outside of Bend’s Urban Growth Boundary but within its General Plan
area that are expected to be brought into its UGB.
Destination Resort Eligibility Areas: Shows lands eligible for siting a destination resort.
Forest: Conserves forest lands for multiple forest uses.
Open Space and Conservation: Protects natural and scenic open spaces, including areas with fragile, unusual or
unique qualities.
Redmond Urban Reserve Area: Defines Redmond’s additional 30-year growth boundary for lands expected to
be brought into its UGB.
Resort Community: Defines rural areas with existing resort development that are not classified as a destination
resort, based on OAR 660, Division 22.
Rural Commercial: Defines existing areas of isolated rural commercial development that do not fit under OAR
660, Division 22.
Rural Community: Defines rural areas with limited existing urban-style development, based on OAR 660,
Division 22.
Rural Industrial: Defines existing areas of isolated rural industrial development that do not fit under OAR 660,
Division 22.
Rural Service Center: Defines rural areas with minimal commercial development as well as some residential
uses, based on OAR 660, Division 22.
Surface Mining: Balances protection of surface mines while minimizing adverse impacts on the natural
environment.
Urban Growth Boundaries: Defines land that provides for urban development needs and identifies and
separates urban and urbanizable land from rural land.
Urban Unincorporated Community: Defines rural areas with existing urban development, based on OAR 660,
Division 22.
IV. Comprehensive Plan and Zoning
10. The Deschutes County zoning map exists in official replica form as an electronic map layer with the County’s geographic information system.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 10
Table 3 - Deschutes County Comprehensive Plan and Zoning Designations
Comprehensive Plan Designation Associated Zoning Districts
County-wide designations
Agriculture Title 18, Chapter18.16 - Exclusive Farm Use Zones
Airport Development Title 18, Chapters18.76 and 18.80 - Airport
Development and Airport Safety Combining Zones
Destination Resort Eligibility Areas Title 18, Chapter 18.113 - Destination Resorts Zone
Forest Title 18, Chapters18.36 and 40 - Forest Use 1 and
Forest Use 2 Zones
Open Space and Conservation Title 18, Chapters 18.48 and 18.84 - Open Space and
Conservation and Landscape Management Zones
Rural Residential Exception Area Title 18, Chapter 18.60 and 18.332 - Rural Residential
and Multiple Use Agriculture Zones
Surface Mining (SM) Title 18, Chapters 18.52 and 18.56 - Surface Mining and
Surface Mining Impact Area Combining Zones
Area specific designations
Bend Urban Growth Area Title 19, Bend Urban Growth Boundary Ordinance
Redmond Urban Growth Area Title 20, Redmond Urban Area Zoning Ordinance
Redmond Urban Reserve Area (URA) Chapter 18.24 - Redmond Urban Reserve Area
Combining Zone
Resort Community Chapter 18.110 - Resort Community Zone (Black Butte
Ranch and Inn of the 7th Mountain/Widgi Creek)
Rural Commercial Chapter 18.74 - Rural Commercial Zone
Rural Community Chapters 18.66 and 18.67 - Tumalo and Terrebonne
Rural Community Zoning Districts
Rural Industrial Chapter 18.100 - Rural Industrial Zone
Rural Service Center (RSC)
Chapter 18.65 - Rural Service Center, Unincorporated
Community Zone (Alfalfa, Brothers, Hampton, Millican,
Whistlestop, Wildhunt)
Sisters Urban Growth Area Title 21, Sisters Urban Area Zoning Ordinance
Urban Unincorporated Community Chapter 18.108 - Urban Unincorporated Community
Zone, Sunriver
Source: County Geographical Information System and Deschutes County Code
Table 3 lists Deschutes County’s Comprehensive Plan designations and related zoning districts in DCC,
Titles 18, 19, 20, and 21. Some Plan designations apply county-wide, others only to designated areas of
existing development.
11 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Base Zoning within Sage-Grouse Designated Areas
To systematically assess Core Area and Low Density habitats in Deschutes County, staff developed a map
series consisting of the following:
An overview map of Deschutes County;
An Index map dividing the sage-grouse designated areas into 13 sub-areas; and
Customized sub-area maps displaying federal and non-federal lands, base zoning, and combining zones.11
Table 4 summarizes in acres and parcels, County zoning within ODFW’s Core Area and Low Density habitat
on federal and non federal land. It is important to note that some parcels overlap both habitat designations.
11. Source Document 4. Deschutes County Sage-Grouse Conservation Area Index Map. February 28, 2013.
Table 4 - Deschutes County Base Zoning within ODFW’s Core and Low Density Habitat
Core Area Low Density
Total Acres
Percent in
Sage-Grouse
Habitat Federal Lands Non-federal Lands Federal Lands Non-federal lands
Exclusive Farm Use, Horse-Ridge Subzone
Acres 165,974 64,412 113,551 43,659 387,596 88%
Parcels 113 397 121 462
Flood Plain Zone
Acres 1,124 329 646 380 2,479 0.6
Parcels 20 11 25 48
Forest Use 1 Zone
Acres 13,174 40 16,418 9,568 39,200 9%
Parcels 2 1 20 7
Open Space and Conservation Zone
Acres 2,202 1735 2,278 0 6,215 1%
Parcels 13 12 4 0
Rural Service Center, Commercial/Mixed Use District (Brothers and Millican)
Acres 0 38 0 26 64 0.015%
Parcels 0 6 0 3
Rural Service Center, Open Space District (Brothers and Millican)
Acres 0 10 0 0 10 0.002%
Parcels 0 1 0 0
Surface Mining
Acres 0 167 53 2,203 2,423 0.6%
Parcels 0 17 2 26
Total 437,987 100%
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 12
Table 5 - Deschutes County Combining Zones within ODFW’s Core and Low Density Habitat
Core Area Low Density Total Federal Non-federal Federal Non-federal
Sensitive Bird and Mammal Habitat Combining Zone (Sage-Grouse Leks)
Acres 12 139 862 225 1,238
Parcels 3 3 6 6
Wildlife Area Combining Zone (North Paulina Antelope Range)
Acres 181,535 62,155 89,837 39,360 372,887
Parcels 114 388 98 426
Wildlife Area Combining Zone (North Paulina Deer Winter Range)
Acres 32,376 992 59,767 22,914 116,049
Parcels 12 10 60 149
Combining Zones within Sage-Grouse Designated Areas
In 1992, during Periodic Review, the County was required to review and update its Comprehensive Plan and
implementing ordinances to address fish and wildlife resources. Deschutes County updated its inventories,
policies and land use regulations within its Sensitive Bird and Mammal Habitat and Wildlife Area combining
zones to protect sage-grouse, antelope, and deer winter ranges, among others.12 These three habitat types
encompass 96% (117,914 acres) of ODFW’s Core Area and Low Density designations on non-federal lands.
The remaining 4% (4,645 acres) is zoned Exclusive Farm Use. Table 5 summarizes in acres and parcels how
the County’s two combining zones intersect them. Figure 4 shows sage-grouse, antelope, and deer winter
ranges recognized in its Comprehensive Plan specifically for the southeast portion of the county.
12. Ordinance Nos. 92-040, 92-041,92-042, 92-046, 93-043, 94-004, 94-005, and 94-021 pertain specifically to sage-grouse.
Figure 4 - Sensitive Bird and Mammal Habitat and Wildlife Area Combining Zones in Southeastern Deschutes
County
13 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
V. Existing Habitat Conservation Measures
Exclusive Farm Use: Horse-Ridge East Subzone
As demonstrated on Table 4, the Exclusive Farm Use (EFU) Horse Ridge Subzone intersects ODFW’s Core
Area and Low Density habitats. In 1992 a commercial farm study was completed as part of the Periodic
Review process. The study concluded that irrigation is the controlling variable for defining farm lands in
Deschutes County. Soil classifications improve when water is available. Seven new agricultural subzones were
identified based on the factual data provided in the 1992 study. Minimum acreages were defined based on the
typical number of irrigated acres used by commercial farms in that particular subzone with one exception.
The Horse-Ridge East Subzone contained 20 ownership tracts with the median consisting of 2,100 acres. The
report noted the following:
“Since there is virtually no demand for land partitions or dwelling units in this subzone, it would achieve
the overall objectives of the farmland plan to leave the minimum parcel size at the current 320-acre
size.” 13
DCC, Chapter 18.16 implements the EFU zone. There are 859 parcels, consisting of 108,071 acres of non-
federal land in the Horse-Ridge East Subzone affected by sage-grouse habitat. Three hundred and ninety-
seven EFU parcels are located in Core Area and 462 in Low Density. The minimum parcel size for a land
division is 320 acres (DCC 18.16.065).
Non-Farm Dwelling Policy
Creating new lots in the EFU Horse-Ridge Subzone as noted above is significantly limited by the 320 acre
minimum parcel size. The potential for new dwellings in this subzone are predominantly non-farm dwellings
on existing lots stemming from several pre1970 unplatted subdivisions sold to uninformed buyers. Approval
for a non-farm dwelling usually turns on three key factors:
1. Legal Lot of Record. There are many small, unrecorded subdivisions in the EFU-Horse Ridge Subzone
that are undeveloped. Some, but not all are legal lots of record based on historic deeds.
2. Access. Many parcels do not have legal access.
3. Wildlife Area Combining Zone. Most of these properties are subject to a Wildlife Area Combining Zone
that limits new dwellings to within 300 feet of a historic road. Many do not adjoin one.
These requirements currently curtail non-farm dwelling development. Additionally, a 1992 finding by the
Board of County Commissioners (Board) denying a conditional use permit has effectively prohibited new non
-farm dwellings in this region. The Board found in Conditional Use Permit 92-169:
“That the overall land use pattern of the area of review is resource lands, primarily as antelope range,
sage grouse range and open grazing for cattle. For this reason, the Board finds that the proposed non -
farm dwelling would constitute the introduction of an incompatible use to an area where now none
exist. Approval of the proposed dwelling could serve to set a precedent for future non -farm dwellings
and, thus, tip the balance from resource to nonresource use. Therefore, the Board finds that approval of
this nonfarm dwelling would alter the stability of the overall land use pattern of the area by increasing
density and causing compatibility problems, as well as set a precedent for similarly situated parcels.” 14
13. Source Document 5. Deschutes County Agricultural Resource Lands Project, Oregon State University Extension Service. June 1992. Page 51.
14. Source Document 6. Deschutes County Conditional Use Permit 92-169. Pages 6 and 7.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 14
In 2007, a Hearings Officer summarized its effect by finding the County established a policy that any nonfarm
dwelling application in the Millican area will not meet the approval criteria because such approval would
force a significant change or significantly increase the cost of accepted farming practices in the area because
of the precedent such an approval is perceived to set for the area.15 To date, the Board has not issued a
decision reversing it.
Flood Plain Zone
Special flood hazard are identified by the Federal Insurance Administration in a scientific and engineering
report titled, "Flood Insurance Study for Deschutes County, Oregon and Incorporated Areas." Its effective
date is September 28, 2007. Within the Core Area and Low Density habitats, the Federal Emergency
Management Agency (FEMA) has mapped floodplains associated with features such as portions of the Dry
River, Fehrenbacker Reservoir, as well as approximately 20 other unnamed depressions. FEMA designates
them as a Special Flood Hazard Area subject to inundation by a 1% annual chance of a flood. Deschutes
County’s Flood Plain Zone includes all areas designated as Special Flood Hazard Areas.16 Structures in these
locations require a conditional use permit. In this region, there are 59 parcels, consisting of 709 acres of non-
federal land in the flood plain. Of these, 11 parcels are located in Core Area and 48 in Low Density.
Forest Use Zone
In 1990, LCDC initiated the Forest Rule, OAR 660-006, defining allowed uses, siting conditions, and
minimum lot sizes in forest zones. As part of Periodic Review, in 1992 Deschutes County adopted Ordinance
No. 92-025 and revised its forest designations and associated regulations to Forest Use 1 (F1) and Forest
Use 2 zones. The F1 zone intersects ODFW’s Core Area and Low Density habitats. DCC, Chapter 18.36
implements the F1 zone. There are 8 parcels, consisting of 9,608 acres of non-federal land in the F1 zone
within these designations. One F1 parcel is located in Core Area and 7 in Low Density. The minimum parcel
size for a land division is 80 acres (DCC 18.36.090).
Open Space and Conservation Zone
Deschutes County Year 2000 Comprehensive Plan (Plan 2000) contained a list of open spaces and areas of
special concern, the majority of which were in federal or state control. As part of Periodic Review, in 1992
Deschutes adopted Ordinance No. 92-052 and updated this inventory. The Open Space and Conservation
Zone (OSC) intersects ODFW’s Core Area and Low Density habitats. DCC Chapter 18.48 implements the
OSC zone. There are 12 parcels, consisting of 1,735 acres of non-federal land in the OSC zone within these
designations. All twelve OSC parcels are located in Core Area. The minimum parcel size for a land division
is 80 acres (DCC 18.48.040).
Sensitive Bird and Mammal Habitat Combining Zone
In 1993, state biologists released, The Oregon Department of Fish and Wildlife Research Report, Sage Grouse in
Oregon. It listed the population of adult sage-grouse in Deschutes County at 775. It also cited BLM estimates
of 275 adult birds. ODFW conducted field work to obtain accurate inventory information on the precise
location of sage-grouse leks. A total of 22 leks were identified, 14 on federal lands and 8 on non-federal
lands.17 They identified a radius of 1,320 feet (1/4 mile) around a lek as a sensitive habitat area where
conflicting uses with the habitat or strutting birds should be regulated.18 Based on these recommendations,
Deschutes County adopted Ordinance No. 94-004 on June 17, 1994. This ordinance revised a Sensitive Bird
and Mammal Habitat Combining Zone and inventory, first adopted in 1992, by containing inventories of sage -
grouse leks on federal and non-federal land. The ordinance contained site specific economic, social,
environmental and energy consequence analysis (ESEE) for the sage-grouse inventoried sites on non-federal
land. According to ODFW:
15 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
15. CU-97-93. Page 14.
16. DCC 19.96.020, Flood Plain Zone. Designated Areas.
17. Source Document 7. Deschutes County Ordinance No. 94-004. Exhibit 4. Pages 5 and 6.
18. Ibid. Exhibit 4. Page 4.
Conflicts with sage grouse habitat are reduced by the limitations on uses in exclusive farm use and flood
plain zone, by the 320 acre minimum lot size, and by the predominance of Bureau of Land
Management land through out their range. However, because of their sensitivity and importance, the
sage grouse leks or strutting grounds need additional protection. Uses conflicting with the leks are
activities or development which would disturb birds during the breeding season, disturb or occupy the
ground in the lek area which could displace the birds, or destroy the vegetation within the sensitive
habitat area the birds use for roosting and cover. These activities could include road construction
activity, structural development and associated use of structures within 1,320 feet of the lek.
For each of the 8 leks located on non-federal lands, the ESEE analysis discusses site characteristics, affected
tax lot, zoning, area the birds use for display, and conflicting uses. Table 6 lists the conflicting uses for each
lek site. Figure 5 shows the lek location and its 1,320 foot radius in relation to non -federal lands. There are
9 parcels, consisting of 364 acres of non-federal lands in sage-grouse habitat designated by Ordinance No. 94
-004. Of these, 3 parcels are located in Core Area and 6 in Low Density.
Table 6 - Conflicting Uses with Goal 5 Sage-Grouse Lek Habitat Sites
ODFW Site # Zone Permitted Use Conditional Use
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes;
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast DE 0994-01 (Circle Reservoir)
Floodplain
Farm Use (no structure)
Forest Management
Open Space
Road or Bridge; Single Family Dwelling;
Agricultural Accessory Buildings; Recreation
Uses
DE 0995-01 (Merril Road)
DE 0996-01 (Dickerson Well)
DE 0997-01 (Moffit Ranch)
DE 0997-02 (Moffit Ranch Satellite)
DE 0998-01 (Evans Well)
DE 0998-02 (Evans Well Satellite)
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes;
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast
DE 0999-01 (Millican Pit)
Exclusive
Farm Use
Farm Use
Exploration for Minerals
Some road Construction
Single Family Dwelling; Residential homes
Private Park, Campground; Personal Airstrip;
Home Occupation; Process Forest Products;
Solid Waste Disposal Site; Storage, Crushing,
Processing of Aggregate; Church or School;
Certain Road Projects; Bed and Breakfast
Floodplain
Farm Use (no structure)
Forest Management
Open Space
Road or Bridge; Single Family Dwelling;
Agricultural Accessory Buildings; Recreation
Uses
Surface
Mining
Subject to Site Plan
Geothermal Exploration; Crushing
Batching, Asphalt, Concrete
Extraction of Minerals
Storage of Minerals
Screening, Washing,
Structures Necessary for
Extraction, Storage
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 16
Table 7 describes Deschutes County’s restrictions for protecting leks and their sensitive habitat areas, while
allowing limited conflicting uses. DCC Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone
implements the provisions in Table 7. It defines the Sensitive Habitat Area as 1,320 feet (DCC 18.90.20), site
plan review requirements (DCC 18.90.050), and Site Plan Review Criteria (DCC 18.90.060).19 Table 8
summarizes the code in more detail.
Table 7 - Program to Meet Goal 5 Sage-Grouse Lek Habitat Sites
ODFW Site # Program
DE 0994-01 (Circle Reservoir)
DE 0995-01 (Merril Road)
DE 0996-01 (Dickerson Well)
DE 0997-01 (Moffit Ranch)
DE 0997-02 (Moffit Ranch Satellite)
In order to protect both the lek and the sensitive habitat area and allow limited conflicting
uses, the following restrictions shall apply:
1. Site plan review under the Sensitive Bird and Mammal Habitat Combining Zone shall be
required for all land use within the sensitive habitat area requiring a conditional use
permit.
2. Structural development within the quarter mile sensitive habitat area shall be prohibited
because there are alternative locations for structures outside of the sensitive area.
3. Partitions creating a residential building site within the sensitive habitat area shall be
prohibited.
* In addition, the BLM is working with private property owners to develop grazing
management to minimize grazing conflict with the lek site.
DE 0998-01 (Evans Well)
DE 0998-02 (Evans Well Satellite)
Includes the program elements listed above, plus:
4. Existing structures may be repaired and maintained.
DE 0999-01 (Millican Pit)
Includes the program elements listed above, plus:
4. The amended ESEE analysis for the surface mine (Site #494) identifies the lek as a
conflicting use and requires consultation with ODFW prior to operation or expansion
of the site to determine what specific requirements are necessary to protect the lek
from surface mining conflicts.
19. Source Document 8. DCC Chapter 18.90, Sensitive Bird and Mammal Habitat Combining Zone
17 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Figure 5 - Deschutes County Goal 5 Sage-Grouse Range
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 18
Table 8 - Summary of Sensitive Bird and Mammal Habitat Combining Zone for Sage -Grouse
Code Sage-Grouse Habitat Overview
DCC 18.90.020
(Definition of Sensitive Habitat
Area)
A. The sensitive habitat area is the area identified in the Deschutes County
Comprehensive Plan Resource Element inventory and site specific ESEE for each
sensitive bird or mammal site.
1. Within a radius of 1,320 feet of a sage-grouse lek.
DCC 18.90.030
(Limitations and Uses Permitted)
B. When there is a conflict between the site specific ESSE analysis and the provisions of
DCC Title 18 (County Zoning), the site-specific ESEE analysis shall control.
DCC 18.90.040
(Applicability)
Review under DCC 18.90 shall be trigged by the following proposals occurring within a
sensitive habitat area, as defined in DCC 18.90.020:
A. An application for a building permit for a new structure or addition to an existing
structure;
B. Land divisions creating new lots or parcels within the sensitive habitat area;
C. An application for a conditional use permit; or
D. An application for site plan approval.
DCC 18.90.050
(Site Plan Review Requirement)
A. For those proposals identified in DCC 18.90.040 to be sited within an inventoried
sensitive habitat area, as defined under DCC 18.90.020, a site plan shall be prepared in
accordance with the requirements of DCC 18.90.050.
C. The County shall submit a copy of the site plan to the Oregon Department of Fish and
Wildlife for comment. ODFW shall have 20 days from the date the site plan is mailed
to submit written comments to the County.
D. Based upon the record, and evaluation of the proposal based on the criteria in DCC
18.90.060, and conformance with the ESEE analysis for the site contained in the
Resource Element of the Comprehensive Plan, the County shall approve or reject the
site plan.
DCC 18.90.060
(Site Plan Review Criteria)
Approval of site plan shall be based on the following criteria:
A. The site plan shall consider the biology of the identified sensitive species, nesting trees,
critical nesting periods, roosting sites and buffer areas. Based on the biology of the
species and the characteristics of the site, the site plan shall provide protection that will
prevent destruction of the subject nesting site, lek, hibernation site or rookery and will,
to a reasonable certainty, avoid causing the site to be abandoned.
B. Development activities, including grading and fill, mining, construction, or activities
generating noise or dust within the sensitive habitat area shall be prohibited during the
nesting, strutting or hibernation season identified in the site specific ESEE analysis and
decision for each habitat site. An exception to this standard may be made if ODFW
determines in writing that the nest, lek or rookery is not active and will not become
active during the proposed construction period or if the sensitive birds have fledged.
C. New roads, driveways or public trails shall be located at the greatest distance possible
from the nest, lek, rookery or hibernation site unless topographic or vegetation or
structural features will provide greater visual and/or noise buffer.
D. Existing vegetation or other landscape features which are located on the subject
property and which obscure the view of the nest, rookery, lek or hibernation site from
the proposed development, shall be preserved and maintained. A restrictive covenant
to preserve vegetation shall be required when specified in the ESEE for the site.
E. No partitions or subdivisions shall be permitted which would force location of a
dwelling or other structure, not otherwise permitted by the site specific ESEE, within
the designated sensitive habitat area.
F. All exterior lighting, including security lighting shall be sited and shielded so that the
light is directed downward and does not shine on the subject nest, rookery, lek or
hibernation site.
G. The site plan shall conform with the requirements of the ESEE decision for the sage -
grouse habitat contained in the Resource Element of the Comprehensive plan.
Wildlife Area Combining Zone
During Periodic Review, Deschutes County worked with ODFW to obtain the most recent inventory
information on wildlife resources in the county. In 1998, the Board adopted Ordinance Nos. 92 -040, 92-041,
and 92-046. These ordinances updated the Wildlife Area Combining Zone, inventory and ESEE Analysis. Two
wildlife resources, North Paulina antelope and deer winter ranges overlap the Core Area and Low Density
habitats. There are 814 parcels, consisting of 101,515 acres of non-federal land in antelope range. Of these,
388 parcels are located in Core Area and 426 in Low Density. There are 159 parcels, consisting of 23,906
acres of non-federal land in deer winter range. Of these, 10 parcels are located in Core Area and 149 in Low
Density. Table 9 summarizes the Wildlife Area Combining Zone requirements for both habitat types.20
19 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
20. Source Document 9. DCC Chapter 18.88, Wildlife Area Combining Zone
Table 9 - Summary of Wildlife Area Combining Zone for Antelope and Deer Winter Range
Code Overview
DCC 18.88.040
(Use Permitted Outright)
A. All “permitted uses” require a conditional use permit.
B. Following uses are not permitted in WA Zone designated as antelope and deer winter
ranges: golf course, commercial dog kennel, church, school, bed and breakfast inn, dude
ranch, playground recreational facility, timeshare, and veterinary clinic.
DCC 18.88.050
(Dimensional Standards)
A. In deer winter range, minimum lot size shall be 40 acres.
C. In antelope range, minimum lot size shall be 320 acres.
DCC 18.88.060
(Siting Standards)
B. The footprint, including decks and porches, for new dwellings shall be located entirely
within 300 feet of public roads, private roads or recorded easements for vehicular
access existing as of August 5, 1992.
DCC 18.88.070
(Fence Standards)
A. New fences in the Wildlife Area Combining Zone shall be designed to permit wildlife
passage. The following standards and guidelines shall apply unless an alternative fence
design which provides equivalent wildlife is approved by the County after consultation
with ODFW:
1. The distance between the ground and the bottom strand or board of the fence
shall be at least 15 inches.
2. The height of the fence shall not exceed 48 inches above ground level.
3. Smooth wire and wooden fences that allow passage of wildlife are preferred.
Woven wire fences are discouraged.
VI. Built Environment and Development Activity
Housing Units
According to 2010 Census, there are 42 housing units occupying 63 residents within the 122,575 acres of
non-federal lands designated Core Area and Low Density habitat. Twenty -seven residents in 13 homes live
in the Core Area. Thirty-six residents in 29 homes live in Low Density habitat.
Roads and Utilities
Excluding U.S. 20, there are 19 county designated roads, spanning approximately 115 miles within the Core
Area and Low Density habitat. Eighteen are classified as a Rural Local Road. The other is designated a Forest
Highway. Figure 6 shows their location. Three Bonneville Power Administration overhead transmission lines
transect the region as well. Deschutes County Sage-Grouse Conservation Area Index Maps show their
location.21 There are no regional gas lines (TransCanada) in the region.
Surface Mining Sites
There are a total of 21 surface mines within Core Area and Low Density habitat. With the exception of two
federal parcels affiliated with Sites 404 and 505, all the mines are located on non-federal lands. Table 10
summarizes them. Figure 7 shows their location.
21. See note 4.
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 20
Figure 6 - County Roads in ODFW Sage-Grouse Core and Low Density Habitat
Table 10 - Surface Mining Sites in Sage-Grouse Habitat
Surface Mining Site (ESEE) # Sage-Grouse
Designation Description
Site No. 404: Moon Mining Claim. Quantity is
193,000 cubic yards of sand and gravel and 800,000
to 2M cubic yards of rock; (Ord. 90-025 and 95-041)
Low Density
This site is part of a working ranch. Access to the site is
along a dirt road which leaves the highway at the base of
the Horse Ridge grade, 1 mile NE of the highway.
Site No. 408: RL Coats. Quantity is 3 million cubic
yards of sand and gravel; (Ord. 90-025) Low Density Site is located north of Highway 20 near the intersection
with Highway 27.
Site No. 413: Deschutes County. Quantity is 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 414: Deschutes County. Part of same 35
acres of 413 (Ord. 90-025)
Low Density These two sites are located partway up the base of Pine
Mountain.
Site No. 415: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 416: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 417: Deschutes County. Quantity, 20,000
cubic yards of sand and gravel; (Ord. 90-025)
Site No. 418: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025)
Core Area
Sites Nos. 415, 416, 417, 418 and 419 run along the north
side of Highway 20 East. Sites are located roughly 1.5
miles east of Route 27, the Prineville cutoff at mile marker
38.
Site No. 419: Deschutes County. Quantity, 30,000
cubic yards of sand and gravel; (Ord. 90-025) Core Area
Sites Nos. 415, 416, 417, 418 and 419 run along the north
side of Highway 20. Sites are located roughly 1.5 miles
east of Route 27, the Prineville cutoff at mile marker 38.
Site No. 496: Taylor. Quantity is 1,800,000 cubic
yards of sand and gravel; (Ord. 94-050, 94-051, 94-
052)
Low Density
Site is located on the Old Bend-Burns Highway, roughly 2
miles west of the east end of the road, just to the east of
Horse Ridge grade.
Site No. 498: State of Oregon. Quantity is 200,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one mile south of Highway
20 and four miles west of Millican.
Site No. 499: Oregon State Highway. Quantity is
50,000 cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one-half mile west of
Millican on both sides of the highway.
Site No. 500: Oregon State Highway. Quantity is
130,000 cubic yards of sand and gravel; (Ord. 90-
025)
Low Density Site is located approximately one mile of Millican on the
north side of the highway.
Site No. 501: Deschutes County. Quantity is 50,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located approximately one and one-half mile east
of Millican.
Site No. 503: State Highway. Quantity is 200,000
cubic yards of sand and gravel; (Ord. 90-025) Low Density Site is located north of Highway 20, roughly 4.5 miles east
of Millican.
Site No. 505: Oregon State Highway. Quantity is
275,000 cubic yards of sand and gravel; (Ord. 90-
025)
Site No. 506: State Highway. Quantity is 36,000 cubic
yards of sand and gravel; (Ord. 90-025)
Low Density
These two sites are located near one another and are
roughly 1.6 miles west of the Prineville cutoff on east
Highway 20. Both sites are along the highway.
Site No. 508: Oregon State Highway. Quantity is
100,000 cubic yards of sand and gravel; (Ord. 90-
025)
Core Area Site is located approximately 2.5 miles north of the site,
roughly 4 miles NW of Brothers.
21 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 22
Figure 7 - Deschutes County Goal 5 Surface Mines Affected by ODFW Sage-Grouse
Core and Low Density Habitat
Table 10 - Surface Mining Sites in Sage-Grouse Habitat (continued)
Surface Mining Site (ESEE) # Sage-Grouse
Designation Description
Site No. 515: Oregon State Highway. Quantity is
100,000 cubic yards of sand and gravel; (Ord. 90-
025)
Core Area This site is a cinder pit which is located on Camp Creek
Road, roughly 6 miles NE of Brothers.
Site No. 533: Oregon State Highway. Quantity is 1
Million cubic yards of sand and gravel; (Ord. 90-025) Core Area Site is least of Hampton, approximately 1 mile off the
highway
Site No. 600: Robinson Site. Quantity is 3.8 million
cubic yards of sand and gravel; (Ord. 96-076) Low Density
Site 600 adjoins Site 496. It is located approximately one-
half mile off of Highway 20 along the Old Bend-Burns
Highway.
23 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Land Use and Building Permit Activity (2003-2013)
Tables 11 and 12 list the land use planning and building permits issued from 2003 to 2013. As shown in Table
11, taking into account the projects requiring multiple land use permits, there were a total of seventeen site
specific proposals.22 Building permits followed a similar pattern. Deschutes County issued 26 permits. Only
12 pertained to non-federal lands, with 5 of those applying to a particular Oregon Department of
Transportation (ODOT) site.
Table 11 - Land Use Planning Permits (2003-2013)
4 Administrative Determinations for a Farm Dwelling (AD-05-10, AD-06-6, AD-07-18, AD-12-10)
9 Conditional Use Permits
CU-03-9: Farm Dwelling
CU-03-19: Manufactured Home Park and RV Park 23
CU-07-43: Type 3 Home Occupation for Auto Sales
CU-07-63: Private Shotgun Only Trap Shooting Facility
CU-07-79: Paintball Facility
CU-07-94: Hunting Preserve
CU-09-12: Commercial Wind Farm Accessory Operations and Maintenance Building
CU-11-26: Lot of Record Dwelling
CU-11-27: Lot of Record Dwelling
1 Landscape Management Permit for an Accessory Building (LM -07-138)
2 Non-conforming Use Alternation Request to Replace a Total of Four Manufactured Homes at ODOT Maintenance Station in
Brothers
1 Partition Creating Two Parcels Associated with CU-03-9 (MP-03-3)
6 Site Plan Permits
SP-03-13: Addition to Existing Toilet Building at ODOT Rest Area
SP-03-14: Manufactured Home Park and RV Park Approved under CU-03-19
SP-07-32: Private Shotgun Only Trap Shooting Facility Approved under CU -07-63
SP-08-6: Paintball Park Approved Under CU-07-79
SP-09-9: Wind Project Operations and Maintenance Building Approved under CU -09-12
SP-09-30: Expansion of Trap Club Approved Under CU-07-63
1 Variance Altering the Survey Requirement for Partition Approved under CU-03-9 (V-03-6)
22. See CU-03-9, MP-03-3, V-03-6; CU-03-19 and SP-03-14; CU-07-63 and SP-07-32; CU-07-79 and SP-08-6; CU-09-12 and SP-09-9; CU-
07-63 and SP-09-30.
23. As of February 28, 2013, the manufactured home park and RV park have not been developed.
Table 12 - Building Permits (2003-2013)
Permittee Building Permit Multiple Permits Issued
for One Site (Y/N)
Bend Trap Club
1. Club House
2. Range Building
3. Storage / Warming Hut
Yes
Century Tel 4. Foundation No
Federal Government (leases with ATT and
Deschutes County)
5. Cell Tower
6. Cell Tower Antennae Co-location
7. Co-locate on Existing Tower
8. Equipment Shelter
9. Foundation for Radio Equipment
10. Gold Label Equipment Shelter
Yes
Federal Government (lease with Central
Oregon Shooting Association)
11. Pole Barn
12. Pole Barn Yes
Table 12 - Building Permits (2003-2013) Continued
Permittee Building Permit Multiple Permits Issued
for One Site (Y/N)
Federal Government (leases with Pine
Mountain Observatory and Technology
Associates
13. Cell Tower Co-locate
14. Demolition of Existing Residence
15. Microwave Dish Installation
16. Replace Microwave Dish
17. Residence
Yes
Homeowners
18. Detached Storage
19. Ramada for Manufactured Home
20. Residence / Attached Garage
21. Residence / Garage
No
State of Oregon
22. Additional Bathrooms
23. Break Room
24. Detached Garage
25. Replacement Dwelling
26. Replacement Dwelling
Yes
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 24
VII. Impact Analysis
Risk Assessment
In December 2011, Wyoming Governor Matt Mead and Secretary of the Interior Ken Salazar cohosted a
meeting to address coordinated conservation of the Greater sage-grouse across its range. Ten states within
the range of the sage-grouse were represented, as were the FS, NRCS, and the Department of the Interior
and its BLM and FWS. The primary outcome of the meeting was the creation of a Sage-Grouse Task Force.
The Task Force was directed to develop recommendations on how to best move forward with a
coordinated, multi-state, range-wide effort to conserve the sage-grouse, including the identification of
conservation objectives to ensure the long-term persistence of the species. The FWS was tasked by its
Director with the development of conservation objectives for the sage-grouse. Recognizing that state wildlife
agencies have management expertise and retain management authority for this species, the FWS created a
Conservation Objectives Team (COT) of state and FWS representatives to accomplish this task.24 The Sage-
Grouse Conservation Objectives Draft Report, created by the COT identifies risk levels and priority areas
for Central Oregon. Approximately 700,000 acres of habitat for the Central Oregon sage -grouse population
has been identified as priority areas for conservation. The COT assigns the Central Oregon management
zone a rating of C2/C3 (At Risk, Potential Risk).25 Those risk levels pertaining to land use are summarized
below in Table 13. According to the COT, this population faces a wide suite of threats.
According to ODFW, there is also the potential for renewable energy developments (i.e., geo-thermal, solar,
and wind) in most sage-grouse regions in Oregon.27 Recently, the Oregon Department of Geology and
Mineral Industries (DOGAMI) upgraded its online geothermal data with in-depth information about wells,
hot springs and other resources across the state.28 Data obtained from DOGAMI identifies 17 geothermal
wells along the Brothers fault zone and Glass Butte within Core Area and Low Density habitat. Eleven wells
are located on non-federal lands. Of those, 6 are in Core Area and 5 in Low Density.
24. Source Document 10. Sage-Grouse Conservation Objectives Draft Report, Submitted August 1, 2012. Page 1.
25. Ibid., Page 16, C2 means the population is at risk because of very limited and/or declining numbers, range, and/or habitat, making sage-
grouse in this area vulnerable to extirpation. C3 means the population is potentially at risk because of limited and/or decli ning numbers,
range, and/or habitat, even though sage-grouse may be local abundant in some portion of the area.
26. Id. Pages 25 and 63.
27. See note 1. Pages x and 66.
28. Rachel Rees, “Oregon Doubles its Geothermal Info Online,” The Bulletin, February 18, 2013.
Table 13 - Central Oregon Sage-Grouse Risk Levels 26
Risk Levels (Land Use Related) Rating
Agriculture Conversion
Energy
Infrastructure
Recreation
Urbanization
Localized, Substantial
Mining Slight Threat
25 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS 26
Finding
From a land use perspective, the COT’s threat analysis as it pertains to Deschutes County does not take
into account its land use planning program. The Periodic Review process required by DLCD from 1988 -
2003, positioned Deschutes County to adopt significant measures for the protection of farm lands and
wildlife resources. The analysis contained in this report demonstrates that Deschutes County is effective in
minimizing land use conflicts within Core Area and Low Density habitat on non-federal lands. A sparse
residential population, coupled with farm and forest zoning and Sensitive Bird and Mammal Habitat and
Wildlife Area combining zones have enabled non-federal lands to remain rural. Deschutes County’s land use
program does not pose a risk to sage-grouse populations. Presently, there are regulatory safeguards in place
to prevent urbanization, recreation, renewable energy, and infrastructure projects on non -federal lands from
disrupting sage-grouse habitat.
Deschutes County retains land use authority on 122,559 acres of non-federal lands designated Core Area
and Low Density habitat. This constitutes 28% of the affected area designated by ODFW. A majority of the
land is zoned for farm and forest uses. Eighty-eight percent (108,071 acres) of the area is zoned EFU and 8%
(9,608 acres), F1. The remaining 6% is zoned open space, surface mining, or rural service center. Due to
Periodic Review, Deschutes County also applies Sensitive Bird and Mammal Habitat and Wildlife combining
zones on 96% (117,94 acres) of the area designated Core Area and Low Density. The remaining 4% (4,646
acres) is zoned EFU. Table 14 recaps Deschutes County’s base and combining zones for this particular region
as well as its non-farm dwelling policy. As demonstrated by the land use and building permit activity
occurring from 2003 to 2013, Deschutes County’s land use program, when applied cumulatively to the
region, is effective in limiting rural development. Just 63 residents, living in 42 houses, occupy the area,
amounting to a population density of one person for every 3 square miles. Land use and building permits
issued from 2003 to 2013 reveal limited activity and disturbance on non-federal lands. Deschutes County
issued a total of 24 land use permits for 17 properties and just 12 building permits during this ten-year
period. Five of the building permits applied to a specific site managed by ODOT near Brothers. The most
intensive building permits pertained to the Bend Trap Club for a clubhouse, range building, and storage/
warming hut.
Table 14 - Recap of Deschutes County’s Conservation Zoning
Base Zones Description
Exclusive Farm Use (EFU) Horse Ridge
Subzone; and
* Non-farm dwelling policy
320 acre minimum parcel size
Policy: Limits non-farm dwellings, deeming them incompatible with resource lands,
antelope range, sage-grouse range, and open grazing for cattle.
Non-farm dwellings required to take access within 300 feet of a historic road
Forest Use Zone (F1) 80 acre minimum parcel size
Flood Plain Zone New structures require conditional use permit in Special Flood Hazard Areas
Open Space Zone 80 acre minimum parcel size
Sensitive Bird and Mammal
Combining Zone Description
Sage-Grouse Range Activity proposed within ¼ mile of a designated sage-grouse lek requires site plan
review, specific conditions noted in each ESEE analysis, and coordination with
ODFW
Wildlife Area Combining Zone Description
Antelope and Deer Winter Range
All permitted uses require a conditional use permit.
Minimum parcel size is 40 acres in deer winter range and 320 in antelope range
Access for new dwellings limited to 300 feet of a historic road
27 DESCHUTES COUNTY SAGE-GROUSE LAND USE ASSESSMENT AND IMPACT ANALYSIS
Conclusion
Land use represents just one of the many tools that need to be in place to prevent sage -grouse from being
listed on the federal ESA. As the Governor’s Sage Con efforts develops and refines its “all lands, all threats”
approach, it must be paired with BLM’s resource management plan amendments and the efforts underway by
the Oregon Cattlemen Association to develop a programmatic Candidate Conservation Agreement (CCA)
for sage-grouse on BLM lands within the state. In 1992, Deschutes County recognized that conserving sage-
grouse leks depends in part on BLM working with private property owners to develop grazing management
plans. This collaborative partnership is more important then ever. The BLM controls 72% of Core Area and
Low Density habitat in Deschutes County.
Deschutes County encourages persons with disabilities to participate in all programs and
activities. This event/location is accessible to people with disabilities. If you need
accommodations to make participation possible, or to request this information in an
alternate format please contact Anna Johnson.
Anna Johnson | Public Communications Coordinator Deschutes County Administration
1300 NW Wall St., Ste. 200 | Bend, Oregon 97701
O: (541) 330-4640 | C: (541) 280-5263 | Anna.Johnson@deschutes.org www.deschutes.org
Deschutes County
HB 2034 Position Priority Date Input
Neutral 0 2/28/13Bill Info
Summary:Authorizes Office of Emergency Management, which is sole agency of state for negotiating
agreements with Department of Homeland Security, to cooperate with tribal governments for
purpose of acquiring and coordinating use of federal funds for emergency program management
and emergency services in state.
Status:
3/12/13 H - Public Hearing and Possible Work Session scheduled.
1/22/13 H - Referred to Veterans and Emergency Preparedness.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2035 Position Priority Date Input
Support 2 2/5/13Bill Info
Summary:Extends period of applicability of emergency communications tax.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2036 Position Priority Date Input
Support 2 2/5/13Bill Info
Summary:Establishes alternative methods for telecommunications provider to satisfy requirement to collect
and remit tax on customer access to 9-1-1 emergency reporting system from prepaid
telecommunications service customers. Defines terms. Takes effect on 91st day following
adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2041 Position Priority Date Input
No Position 0 1/30/13Bill Info
Summary:Allows employee of Department of State Police, county sheriff's office or city police department to
request that Department of Transportation use address of employee's employer instead of
employee's residence address on records maintained by department.
Status:
1/22/13 H - Referred to Transportation and Economic Development.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2043 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Continues jurisdiction of Department of Public Safety Standards and Training over cases in which
public safety officer or instructor was denied training or certification, notwithstanding subsequent
change in employment status of officer or instructor. Declares emergency, effective on passage.
Status:
3/7/13 S - Recommendation: Do pass.
3/7/13 S - Second reading.
3/6/13 S - Public Hearing and Work Session held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/18/13 S - Referred to Judiciary.
2/14/13 S - First reading. Referred to President's desk.
2/13/13 H - Third reading. Carried by Olson. Passed. Ayes, 56; Excused, 4--Gallegos, Gelser, Hanna,
Jenson.
2/11/13 H - Second reading.
2/8/13 H - Recommendation: Do pass.
2/5/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2062 Position Priority Date Input
Oppose 2 2/5/13Bill Info
Summary:Prohibits application of state structural specialty code to preexisting farm building or other
building used as dog training facility. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2090 Position Priority Date Input
Neutral 3 2/1/13Bill Info
Summary: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.
Status:
2/20/13 H - Public Hearing held.
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2103 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Prohibits person from practicing sex offender treatment unless person is certified clinical sex
offender therapist or certified associate sex offender therapist. Clarifies other prohibitions relating
to sex offender treatment.
Status:
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2131A Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Requires certain information pertaining to bedbug infestations to be held confidentially by public
health authorities and exempts information from disclosure under public records law. Authorizes
disclosure of information to specified other public agencies Declares emergency, effective on
passage.
Status:
2/21/13 S - Referred to Health Care and Human Services.
2/14/13 S - First reading. Referred to President's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/13/13 H - Third reading. Carried by Kennemer. Passed. Ayes, 55; Nays, 1--Barton; Excused, 4--Gallegos,
Gelser, Hanna, Jenson.
2/11/13 H - Second reading.
2/8/13 H - Recommendation: Do pass with amendments and be printed A-Engrossed.
2/6/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2133 Position Priority Date Input
Neutral 3 1/17/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
2/13/13 H - Public Hearing held.
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2136 Position Priority Date Input
Neutral 3 2/1/13Bill Info
Summary: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. Declares emergency,
effective on passage.
Status:
2/18/13 H - Public Hearing held.
1/22/13 H - Referred to Health Care with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2140 Position Priority Date Input
Support 2 1/31/13Bill Info
Summary:Authorizes discrete investment of funds of political subdivisions in any commingled investment
pool established by State Treasurer for investment of funds of state agencies or local governments.
Declares emergency, effective on passage.
Status:
2/15/13 H - Recommendation: Do pass and be referred to Ways and Means by prior reference.
2/15/13 H - Referred to Ways and Means by prior reference.
2/12/13 H - Work Session held.
2/7/13 H - Public Hearing held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency with subsequent referral to
Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2141
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Neutral 3 1/17/13
Bill Info
Summary:Repeals outdated statute relating to county fairgrounds. Takes effect on 91st day following
adjournment sine die.
Status:
2/21/13 S - Referred to Rural Communities and Economic Development.
2/14/13 S - First reading. Referred to President's desk.
2/13/13 H - Third reading. Carried by Lively. Passed. Ayes, 56; Excused, 4--Gallegos, Gelser, Hanna,
Jenson.
2/11/13 H - Second reading.
2/11/13 H - Recommendation: Do pass.
2/7/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2142 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary:Repeals certain outdated statutes relating to county treasurers. Takes effect on 91st day following
adjournment sine die.
Status:
2/21/13 S - Referred to Rural Communities and Economic Development.
2/14/13 S - First reading. Referred to President's desk.
2/13/13 H - Third reading. Carried by Doherty. Passed. Ayes, 56; Excused, 4--Gallegos, Gelser, Hanna,
Jenson.
2/11/13 H - Recommendation: Do pass.
2/11/13 H - Second reading.
2/7/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2143A Position Priority Date Input
Neutral 3 1/17/13Bill Info
Summary:Eliminates requirement that Department of Corrections inspect local detention facilities
correctional facility of county for compliance with specified provisions of state law Requires local
government to conduct when county conducts inspections for compliance.
Status:
3/1/13 S - Referred to Judiciary.
2/28/13 S - First reading. Referred to President's desk.
2/27/13 H - Third reading. Carried by Nathanson. Passed. Ayes, 57; Excused, 1--Whisnant; Excused for
Business of the House, 2--Esquivel, Matthews.
2/25/13 H - Second reading.
2/22/13 H - Recommendation: Do pass with amendments and be printed A-Engrossed.
2/19/13 H - Work Session held.
2/7/13 H - Public Hearing held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2165A
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Neutral 3 1/31/13
Bill Info
Summary:Repeals sunset on county multidisciplinary teams that develop and implement protocols and
procedures for investigation and reporting of abuse of adults with disabilities.
Status:
3/1/13 S - Referred to Health Care and Human Services.
2/28/13 S - First reading. Referred to President's desk.
2/27/13 H - Third reading. Carried by Gelser. Passed. Ayes, 39; Nays, 19--Bentz, Berger, Cameron,
Esquivel, Freeman, Hanna, Hicks, Huffman, Jenson, Johnson, Kennemer, McLane, Olson,
Richardson, Smith, Thatcher, Thompson, Weidner, Whitsett; Excused, 1--Whisnant; Excused for
Business of the House, 1--Matthews.
2/25/13 H - Second reading.
2/22/13 H - Recommendation: Do pass with amendments and be printed A-Engrossed.
2/20/13 H - Work Session held.
2/11/13 H - Public Hearing held.
1/22/13 H - Referred to Human Services and Housing.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2173 Position Priority Date Input
No Position 0 2/20/13Bill Info
Summary:Changes status of activities conducted to create, restore or enhance wetlands on land zoned for
exclusive farm use from outright permitted use to conditional use. Exempts land zoned for
exclusive farm use from limitation on liability for damage, injury or death for certain fish and
wildlife habitat improvement projects and watershed or stream restoration or enhancement
programs. Declares emergency, effective on passage.
Status:
3/5/13 H - Public Hearing held.
2/28/13 H - Public Hearing held.
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2176 Position Priority Date Input
Neutral 0 2/28/13Bill Info
Summary:Authorizes State Treasurer to issue Article XI-N general obligation bonds to finance all or portion
of state share of costs of seismic rehabilitation of emergency services buildings. Corrects
erroneous reference. Declares emergency, effective July 1, 2013.
Status:
3/19/13 H - Public Hearing scheduled.
1/22/13 H - Referred to Veterans and Emergency Preparedness with subsequent referral to Ways and
Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2179 Position Priority Date Input
Support 3 2/28/13Bill Info
Summary:Designates Emergency Communications Account as trust account exclusively for emergency
communication purposes. Declares legislative intent to create contractual obligation of state to use
moneys only for emergency communication purposes and to not transfer moneys out of account
for other uses. Declares emergency, effective on passage.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
3/19/13 H - Public Hearing scheduled.
1/22/13 H - Referred to Veterans and Emergency Preparedness with subsequent referral to Ways and
Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2182 Position Priority Date Input
Support 3 2/28/13Bill Info
Summary:Designates September 27 as annual First Responder Appreciation Day.
Status:
3/7/13 S - Public Hearing held.
2/18/13 S - Referred to Veterans and Emergency Preparedness.
2/14/13 S - First reading. Referred to President's desk.
2/13/13 H - Third reading. Carried by Boone. Passed. Ayes, 56; Excused, 4--Gallegos, Gelser, Hanna,
Jenson.
2/11/13 H - Second reading.
2/8/13 H - Recommendation: Do pass.
2/7/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Veterans and Emergency Preparedness.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2205 Position Priority Date Input
Neutral 3 2/1/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Human Services and Housing.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2206 Position Priority Date Input
No Position 3 2/5/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/27/13 H - Public Hearing held.
1/22/13 H - Referred to Rules.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2212 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary:Raises amount used to classify public procurement as small procurement under Public Contracting
Code from maximum of $5,000 to maximum of $10,000.
Status:
3/7/13 H - Work Session held.
2/28/13 H - Public Hearing held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2219 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary: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. Takes effect
on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2221 Position Priority Date Input
Oppose 2 1/17/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Agriculture and Natural Resources with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2222 Position Priority Date Input
Support 2 2/5/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Human Services and Housing with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2234 Position Priority Date Input
Support 2 2/5/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Eliminates sunset of provision authorizing supervisory authority to place offenders on inactive
post-prison supervision. Declares emergency, effective on passage.
Status:
3/7/13 H - Recommendation: Do pass.
3/5/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2238 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Energy and Environment with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2243 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Excludes from definition of 'employment' service performed for corporation by individual with
substantial ownership interest in corporation who is sole officer and director of corporation. Takes
effect on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2253 Position Priority Date Input
Support 3 1/16/13Bill Info
Summary:Requires Portland State University Population Research Center to issue population forecasts for
land use planning that are currently produced by counties. Declares emergency, effective July 1,
2013.
Status:
3/7/13 H - Public Hearing scheduled.
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2254 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
3/7/13 H - Public Hearing scheduled.
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 2255 Position Priority Date Input
Support 3 1/17/13
Bill Info
Summary: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.
Status:
3/7/13 H - Public Hearing scheduled.
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2256 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Land Use with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2271 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2272 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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. Declares emergency,
effective on passage.
Status:
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 2273 Position Priority Date Input
Oppose 3 1/17/13Bill Info
Summary:Requires Oregon Health Authority to continue to contract with dental care organizations to serve
medical assistance recipients.
Status:
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2279 Position Priority Date Input
No Position 0 1/17/13Bill Info
Summary:Allows employees of local governments to participate in benefit plans provided by Public
Employees' Benefit Board and Oregon Educators Benefit Board. Defines 'local government. '
Status:
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Health Care with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2280 Position Priority Date Input
Neutral 3 1/17/13Bill Info
Summary: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.
Status:
3/7/13 H - Third reading. Carried by Conger. Passed. Ayes, 56; Excused, 4--Dembrow, Fagan, Matthews,
McKeown.
3/6/13 H - Second reading.
3/5/13 H - Recommendation: Do pass.
3/1/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2284 Position Priority Date Input
No Position 2 2/28/13Bill Info
Summary: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. Takes effect on 91st day following
adjournment sine die.
Status:
3/8/13 H - Public Hearing scheduled.
3/1/13 H - Without recommendation as to passage, be referred to Transportation and Economic
Development, and then to Ways and Means by prior reference.
3/1/13 H - Referred to Transportation and Economic Development by prior reference.
2/26/13 H - Work Session held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/12/13 H - Public Hearing held.
1/22/13 H - Referred to Land Use with subsequent referral to Transportation and Economic Development,
then Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2285 Position Priority Date Input
No Position 2 2/28/13Bill Info
Summary:Requires Oregon Business Development Department to establish and administer Oregon Industrial
Site Readiness Program providing grants to perform due diligence assessments of large industrial
sites, to create detailed development plans to make large industrial sites market-ready and to
conduct regional industrial site inventories. Establishes Oregon Industrial Site Readiness Program
Fund. Continuously appropriates moneys in fund to Oregon Business Development Department.
Declares emergency, effective on passage.
Status:
3/8/13 H - Public Hearing scheduled.
3/1/13 H - Without recommendation as to passage, be referred to Transportation and Economic
Development, and then to Ways and Means by prior reference.
3/1/13 H - Referred to Transportation and Economic Development by prior reference.
2/26/13 H - Work Session held.
2/12/13 H - Public Hearing held.
1/22/13 H - Referred to Land Use with subsequent referral to Transportation and Economic Development,
then Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2301 Position Priority Date Input
No Position 0 1/17/13Bill Info
Summary: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. Declares emergency, effective
on passage.
Status:
1/22/13 H - Referred to Transportation and Economic Development with subsequent referral to Ways and
Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2306 Position Priority Date Input
No Position 0 1/31/13Bill Info
Summary:Designates any elective county or city office as nonpartisan.
Status:
2/25/13 H - Public Hearing held.
1/22/13 H - Referred to Rules.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2320 Position Priority Date Input
Support 3 1/16/13Bill Info
Summary:Allows city to seek designation of enterprise zone for electronic commerce regardless of whether
zone is existing enterprise zone. Takes effect on 91st day following adjournment sine die.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2340 Position Priority Date Input
Oppose 2 2/20/13Bill Info
Summary:Modifies provisions requiring public body to provide workers' compensation coverage for
qualified emergency service volunteers.
Status:
2/15/13 H - Public Hearing held.
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2343 Position Priority Date Input
Support 2 1/16/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Energy and Environment.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2348 Position Priority Date Input
Oppose 2 1/16/13Bill Info
Summary: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. Becomes operative on January 1, 2016. Takes effect on 91st day
following adjournment sine die.
Status:
1/22/13 H - Referred to Health Care with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2357 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Health Care.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2358 Position Priority Date Input
No Position 0 1/16/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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.
Status:
1/22/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2359 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2374 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Rules with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2375 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Authorizes State Board of Parole and Post-Prison Supervision to extend period of time between
parole hearings based on majority vote. Declares emergency, effective on passage.
Status:
2/12/13 H - Public Hearing held.
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2376 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary:Modifies authority of county sheriff related to issuance and revocation of concealed handgun
license.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2392 Position Priority Date Input
Support 2 1/16/13Bill Info
Summary: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.
Status:
2/13/13 H - Public Hearing held.
1/22/13 H - Referred to Human Services and Housing.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2399 Position Priority Date Input
No Position 2 1/16/13Bill Info
Summary: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. Declares emergency, effective on
passage.
Status:
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2402 Position Priority Date Input
Oppose 2 1/16/13Bill Info
Summary: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.
Status:
2/28/13 H - Public Hearing held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2413 Position Priority Date Input
No Position 3 1/16/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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.
Declares emergency, effective on passage.
Status:
2/25/13 H - Public Hearing held.
1/22/13 H - Referred to Rules.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2415 Position Priority Date Input
No Position 2 2/5/13Bill Info
Summary:Establishes alternative methods for telecommunications provider to satisfy requirement to collect
and remit tax on customer access to 9-1-1 emergency reporting system from prepaid
telecommunications service customers. Defines terms. Applies to monthly periods of
telecommunications service that begin on or after January 1, 2015.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2417 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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.
Status:
3/6/13 H - Public Hearing held.
2/25/13 H - Recommendation: Do pass and be referred to Human Services and Housing by prior
reference, then be referred to Ways and Means by prior reference.
2/25/13 H - Referred to Human Services and Housing by prior reference.
2/21/13 H - Work Session held.
2/14/13 H - Public Hearing held.
1/22/13 H - Referred to Veterans and Emergency Preparedness with subsequent referral to Human
Services and Housing, then Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2418 Position Priority Date Input
Oppose 2 1/16/13Bill Info
Summary:Modifies definition of 'supervisory employee' for purposes of public employee collective
bargaining law.
Status:
3/11/13 H - Work Session scheduled.
2/22/13 H - Public Hearing held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2429 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary: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.
Status:
2/26/13 H - Public Hearing held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2440 Position Priority Date Input
Support 3 1/18/13Bill Info
Summary: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. Declares emergency,
effective on passage.
Status:
2/14/13 H - Public Hearing held.
1/22/13 H - Referred to Energy and Environment with subsequent referral to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2441a Position Priority Date Input
Neutral 3 2/20/13Bill Info
Summary:Authorizes person to use agricultural building on land zoned for forest use or mixed farm and
forest use. Authorizes forestry-related use of agricultural building that is not subject to state
structural specialty code.
Status:
3/7/13 S - Referred to Rural Communities and Economic Development.
3/4/13 S - First reading. Referred to President's desk.
2/28/13 H - Third reading. Carried by Johnson. Passed. Ayes, 58; Excused, 1--Harker; Excused for Business
of the House, 1--Richardson.
2/27/13 H - Second reading.
2/26/13 H - Recommendation: Do pass with amendments and be printed A-Engrossed.
2/19/13 H - Work Session held.
2/7/13 H - Public Hearing held.
1/22/13 H - Referred to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2448
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Oppose 2 2/28/13
Bill Info
Summary:Requires issue subject to collective bargaining during term of collective bargaining agreement that
is not resolved through negotiation or mediation to be resolved through binding arbitration.
Prohibits public employees from striking when issue subject to collective bargaining during term of
collective bargaining agreement is subject to binding arbitration.
Status:
2/25/13 H - Public Hearing held.
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2454 Position Priority Date Input
Oppose 3 2/22/13Bill Info
Summary:Provides for point-of-sale collection of tax for access to 9-1-1 emergency reporting system from
prepaid wireless telecommunications service consumers. Applies tax to retail transactions made
on or after January 1, 2014, and before January 1, 2016. Requires Office of Emergency Management
and Department of Revenue to report biennially to interim committee of Legislative Assembly with
authority over revenue issues on status of available forms of telecommunications service and
related emergency communications taxation issues. Extends period of applicability of emergency
communications tax. Takes effect on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2455 Position Priority Date Input
Neutral 0 2/28/13Bill Info
Summary:Broadens types of communications services on which municipalities may impose privilege tax.
Modifies privilege tax rate imposed on gross revenues of communications service providers.
Takes effect on 91st day following adjournment sine die.
Status:
3/1/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2458 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary: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).
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2459 Position Priority Date Input
No Position 3 2/1/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2480 Position Priority Date Input
Neutral 0 1/16/13Bill Info
Summary: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. Takes effect on 91st day
following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2481 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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.
Takes effect on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2487 Position Priority Date Input
Oppose 3 1/16/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2489 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary:Delays for additional two property tax years prohibition on deferral of homestead property taxes
for certain homesteads pledged as security for reverse mortgage. Takes effect on 91st day
following adjournment sine die.
Status:
3/8/13 H - Work Session scheduled.
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 2493 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary:Grants tax exemption to property of nonprofit corporation exclusively occupied by low income
persons or held exclusively for future development as low income housing. Takes effect on 91st
day following adjournment sine die.
Status:
1/22/13 H - Referred to Human Services and Housing with subsequent referral to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2496 Position Priority Date Input
Support 2 2/28/13Bill Info
Summary:Extends period of applicability of emergency communications tax.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2510 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary: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. Takes effect on 91st day following
adjournment sine die.
Status:
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2513 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary: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).
Status:
2/22/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2514
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
No Position 3 1/18/13
Bill Info
Summary: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.
Takes effect on 91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2515 Position Priority Date Input
No Position 3 1/18/13Bill Info
Summary:Removes prohibition against local government enactment of taxes on alcoholic beverages. Applies
to alcoholic beverages manufactured or imported after effective date of Act. Takes effect on 91st
day following adjournment sine die.
Status:
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2523 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Health Care with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2534 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary: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. Takes effect on
91st day following adjournment sine die.
Status:
1/22/13 H - Referred to Transportation and Economic Development.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2548 Position Priority Date Input
Oppose 3 2/15/13Bill Info
Summary:Establishes commercial bail system.
Status:
1/22/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2552 Position Priority Date Input
Neutral 3 2/5/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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. Declares
emergency, effective on passage.
Status:
3/11/13 H - Work Session scheduled.
2/28/13 H - Public Hearing held.
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2564 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2574 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Reduces minimum duration of special alternative incarceration program from 270 days to 240 days.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2580 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary:Repeals obsolete provision relating to jury trials in county courts.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2587 Position Priority Date Input
Support 2 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Human Services and Housing with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2593 Position Priority Date Input
Support 2 2/5/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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. Declares emergency, effective on passage.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2604 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary:Requires federal officers to receive written authorization of county sheriff before making certain
arrests in county.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2609 Position Priority Date Input
Neutral 3 1/16/13Bill Info
Summary:Deletes requirement that county audit include audit of circuit court. Declares emergency, effective
on passage.
Status:
2/21/13 S - Referred to General Government, Consumer and Small Business Protection.
2/14/13 S - First reading. Referred to President's desk.
2/13/13 H - Third reading. Carried by Keny-Guyer. Passed. Ayes, 56; Excused, 4--Gallegos, Gelser, Hanna,
Jenson.
2/11/13 H - Recommendation: Do pass.
2/11/13 H - Second reading.
2/7/13 H - Public Hearing and Work Session held.
1/22/13 H - Referred to Consumer Protection and Government Efficiency.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2624 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Agriculture and Natural Resources.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2628 Position Priority Date Input
Neutral 3 2/1/13Bill Info
Summary: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. Declares emergency, effective on passage.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
1/22/13 H - Referred to Human Services and Housing.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2642 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
2/8/13 H - Public Hearing held.
1/22/13 H - Referred to Business and Labor with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2657 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
3/8/13 H - Public Hearing and Possible Work Session scheduled.
1/22/13 H - Referred to Transportation and Economic Development with subsequent referral to Land Use.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2663 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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.
Status:
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2674 Position Priority Date Input
Oppose 2 1/16/13Bill Info
Summary: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. Becomes operative January 1, 2014. Declares emergency, effective on passage.
Status:
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/18/13 H - Public Hearing held.
1/22/13 H - Referred to Human Services and Housing with subsequent referral to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2675 Position Priority Date Input
Oppose 2 3/8/13Bill Info
Summary: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. Declares emergency,
effective on passage.
Status:
2/27/13 H - Public Hearing held.
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2677 Position Priority Date Input
Oppose 2 3/8/13Bill Info
Summary: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. Becomes operative 91 days after effective
date of Act. Declares emergency, effective on passage.
Status:
2/27/13 H - Public Hearing held.
1/22/13 H - Referred to Business and Labor.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2685 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
3/5/13 H - Public Hearing held.
1/22/13 H - Referred to Judiciary.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 2689 Position Priority Date Input
Support 0 2/5/13Bill Info
Summary:Permits public bodies to enter into cooperative agreements with youth job development
organizations for provision of services by youth participants on public resource projects. Specifies
assurances that must be contained in cooperative agreements. Exempts cooperative agreements
from Public Contracting Code. Adds youth job development organizations to types of entities
eligible for federal funds for training or education and grants under Career and Technical
Education Revitalization Grant Program.
Status:
3/6/13 H - Public Hearing held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/11/13 H - Referred to Higher Education and Workforce Development.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2695 Position Priority Date Input
No Position 2 2/20/13Bill Info
Summary:Modifies criteria for siting winery in exclusive farm use zone and in areas zoned for mixed farm
and forest use. Allows winery sited in exclusive farm use zone to conduct activities authorized for
winery licensee under Oregon Liquor Control Act, except for on-premises sales of distilled liquor.
Establishes authority for Oregon Health Authority to license tasting room restaurants. Authorizes
establishment of tasting room restaurant at winery or farm stand sited in resource zone. Defines '
tasting room restaurant. ' Authorizes events on farm operation with direct on-site sales, including
farm operation with winery or farm stand. Defines ' event. ' Declares emergency, effective on
passage.
Status:
2/11/13 H - Referred to Land Use.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2698 Position Priority Date Input
Support 2 2/5/13Bill Info
Summary:Eliminates sunset on provisions for training, qualifying and certifying specialized building
inspectors. Specifies authority of Director of Department of Consumer and Business Services to
appoint building inspectors in multiple specialty codes. Allows appointment of building inspector
to building code administrative region. Gives director authority to initiate rules to promote
consistency and reduce confusion regarding state building code and rules to promote consistency,
reduce confusion or otherwise address problems regarding requirements for licensing or other
authorization to perform work subject to state building code.
Status:
3/1/13 H - Public Hearing held.
2/11/13 H - Referred to Business and Labor.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2710 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Provides that drone may be used by law enforcement agency for purpose of surveillance of person
only pursuant to warrant or in emergency circumstances. Provides that law enforcement agency
may use drone to intercept communications only as provided under laws relating to wiretaps and
other interceptions of communications. Requires destruction of images and other information
acquired by use of drone within 30 days unless information is needed as evidence in criminal
prosecution. Requires that public bodies that use drones adopt policies on use of drones. Requires
procedure for notifying public of policies on use of drones. Prohibits use of weaponized drones by
public bodies. Declares emergency, effective on passage.
Status:
2/11/13 H - Referred to Judiciary.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2715 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Authorizes counties to establish control areas for commodities containing genetically engineered
material.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
2/11/13 H - Referred to Agriculture and Natural Resources.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2718 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Requires Oregon Department of Administrative Services to establish and maintain registry of
individuals and families receiving social services from state and county agencies to enable agencies
to coordinate provision of services. Becomes operative January 2, 2014. Declares emergency,
effective on passage.
Status:
2/11/13 H - Referred to Human Services and Housing with subsequent referral to Ways and Means.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2739 Position Priority Date Input
No Position 2 2/5/13Bill Info
Summary:Adjusts hours of business of county clerk on election days. Renames card issued to electors upon
registration, or update to registration, to 'voter notification card. ' Allows Secretary of State to
approve automated system for county clerks to use to verify signatures of electors casting ballots.
Declares emergency, effective on passage.
Status:
3/11/13 H - Public Hearing scheduled.
2/11/13 H - Referred to Rules.
2/4/13 H - First reading. Referred to Speaker's desk.
HB 2741 Position Priority Date Input
No Position 2 2/7/13Bill Info
Summary:Authorizes development of resort-style amenities by owner of heritage guest ranch. Exempts
development from specified provisions of land use planning statutes, statewide land use planning
goals and acknowledged comprehensive plan and land use regulations. Declares emergency,
effective on passage.
Status:
2/13/13 H - Referred to Land Use.
2/6/13 H - First reading. Referred to Speaker's desk.
HB 2746 Position Priority Date Input
Neutral 3 2/7/13Bill Info
Summary:Modifies provisions authorizing alteration, restoration or replacement of dwelling on tract of land
zoned for exclusive farm use.
Status:
2/21/13 H - Public Hearing held.
2/13/13 H - Referred to Land Use.
2/6/13 H - First reading. Referred to Speaker's desk.
HB 2827 Position Priority Date Input
No Position 0 2/11/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Requires contracting agency to pay fee to Secretary of State in amount of five one-hundredths of
one percent of contract price for public improvement contract. Requires Secretary of State to use
proceeds of fee to conduct financial, performance and compliance audits of public contracts in
accordance with certain standards. Establishes Public Contracting Audit Account in General Fund
of State Treasury. Continuously appropriates moneys in account to Secretary of State for purpose
of conducting audits of public contracts. Declares emergency, effective on passage.
Status:
2/18/13 H - Referred to Consumer Protection and Government Efficiency with subsequent referral to
Ways and Means.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2829 Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Allows counties to choose methods of publishing schedule of expenditures and notice of
publication of schedule of expenditures. Declares emergency, effective on passage.
Status:
3/7/13 H - Work Session held.
2/26/13 H - Public Hearing held.
2/18/13 H - Referred to Consumer Protection and Government Efficiency.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2832 Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Requires that person with mental illness committed to custody of Oregon Health Authority be
placed in outpatient commitment if adequate treatment facility is available. Updates terminology.
Status:
2/18/13 H - Referred to Human Services and Housing.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2837 Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Increases allocation to Department of Corrections from Criminal Fine Account for planning,
operating and maintaining county juvenile and adult corrections programs and facilities. Declares
emergency, effective on passage.
Status:
3/7/13 H - Assigned to Subcommittee On Capital Construction.
2/13/13 H - Referred to Ways and Means.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2839 Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Exempts from entitlement to just compensation land rezoned to zoning classification that allows
industrial uses.
Status:
2/18/13 H - Referred to Land Use.
2/11/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 2857 Position Priority Date Input
No Position 0 2/11/13Bill Info
Summary:Reduces amount payable by municipal or justice court for deposit in Criminal Fine Account from
$60 to $45. Modifies priority of distribution for partial payments of fines. Provides that amounts
owing to city or county have same priority as amounts owing to state. Declares emergency,
effective on passage.
Status:
2/18/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2869 Position Priority Date Input
Oppose 2 2/11/13Bill Info
Summary:Authorizes county to charge fee not to exceed actual cost to county of recording certain
instruments. Takes effect on 91st day following adjournment sine die.
Status:
2/18/13 H - Referred to Revenue.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2889 Position Priority Date Input
No Position 0 2/12/13Bill Info
Summary:Revises method by which State School Fund grants for Juvenile Detention Education Program are
calculated. Provides that students in youth care center within detention facility are to be treated
similarly to students in Juvenile Detention Education Program. Declares emergency, effective July
1, 2013.
Status:
2/26/13 H - Public Hearing held.
2/18/13 H - Referred to Revenue.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2891 Position Priority Date Input
No Position 0 2/12/13Bill Info
Summary:Directs Department of Veterans' Affairs and county veterans' service officers to provide aid and
assistance to Korean Vietnam War veteran to obtain health care coverage and services and, upon
determination that veteran is not eligible for health care coverage and services under federal and
state laws, to implement program to provide such coverage and services. Declares emergency,
effective on passage.
Status:
2/18/13 H - Referred to Veterans' Services and Emergency Preparedness with subsequent referral to Ways
and Means.
2/11/13 H - First reading. Referred to Speaker's desk.
HB 2914 Position Priority Date Input
No Position 0 2/18/13Bill Info
Summary:Increases amount of money and goods that person may find without giving notice to county clerk.
Status:
3/12/13 H - Work Session scheduled.
2/26/13 H - Public Hearing held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/19/13 H - Referred to Consumer Protection and Government Efficiency.
2/13/13 H - First reading. Referred to Speaker's desk.
HB 2924 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes local governments and special government bodies to file for relief under federal
bankruptcy law, take actions necessary to carry out confirmed plans, and incur and pay expenses
incident to bankruptcy proceedings and carrying out plans. Takes effect on 91st day following
adjournment sine die.
Status:
2/25/13 H - Referred to Rules.
2/18/13 H - First reading. Referred to Speaker's desk.
HB 2949 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Removes requirement that local government allow property owner to refuse consent to historic
property designation for property. Declares emergency, effective on passage.
Status:
2/25/13 H - Referred to Land Use.
2/18/13 H - First reading. Referred to Speaker's desk.
HB 2951 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes conditional approval, in exclusive farm use zones, of industrial uses that are not
otherwise authorized in exclusive farm use zones.
Status:
2/25/13 H - Referred to Land Use with subsequent referral to Transportation and Economic Development.
2/18/13 H - First reading. Referred to Speaker's desk.
HB 2989 Position Priority Date Input
No Position 2 3/8/13Bill Info
Summary:Appropriates moneys from General Fund to Oregon Department of Administrative Services for
distribution to Crescent Sanitary District for expenditure on septic issues within district. Declares
emergency, effective July 1, 2013.
Status:
2/25/13 H - Referred to Consumer Protection and Government Efficiency with subsequent referral to
Ways and Means.
2/20/13 H - First reading. Referred to Speaker's desk.
HB 3001 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Increases state transient lodging tax rate. Requires 50 percent of increased revenue to be distributed
to Travel Oregon to promote cultural tourism to Oregon in markets outside Oregon and 50 percent
to be used by Oregon Tourism Commission to award grants to bring to Oregon shows or artists
from outside Oregon. Takes effect on 91st day following adjournment sine die.
Status:
2/27/13 H - Referred to Revenue.
2/20/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 3024 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Directs Oregon Business Development Department to conduct study of sites ready for industrial
development. Requires department to report to legislative committees regarding findings of study.
Declares emergency, effective on passage.
Status:
3/11/13 H - Public Hearing scheduled.
2/27/13 H - Referred to Transportation and Economic Development with subsequent referral to Ways and
Means.
2/20/13 H - First reading. Referred to Speaker's desk.
HB 3031 Position Priority Date Input
Support 1 2/25/13Bill Info
Summary:Authorizes Oregon Youth Authority to contract with county or counties to provide parole and
probation services. Authorizes county or counties providing parole and probation services to
determine whether youth offender has violated parole, revoke parole or conditional release and
order youth be taken into custody and detained. Requires youth authority to mediate when youth
authority declines request of county or counties to contract to provide parole and probation
services. Clarifies responsibilities when responsibility for parole and probation services is
transferred from youth authority to county or counties.
Status:
2/27/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
2/20/13 H - First reading. Referred to Speaker's desk.
HB 3040 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Prohibits specified nonfarm uses on land zoned for exclusive farm use.
Status:
3/4/13 H - Referred to Land Use.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3050 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Revises definition of 'employment relations' for purposes of collective bargaining.
Status:
2/27/13 H - Referred to Business and Labor.
2/20/13 H - First reading. Referred to Speaker's desk.
HB 3061 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Requires Employment Relations Board to conduct annual recertification elections for appropriate
bargaining units.
Status:
2/27/13 H - Referred to Business and Labor with subsequent referral to Ways and Means.
2/20/13 H - First reading. Referred to Speaker's desk.
HB 3087
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
No Position 0 2/25/13
Bill Info
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. Requires city or county to refund appeals fee and
transcript fee when appellate authority of city or county declines to hear review. Prohibits city or
county from charging fee for appeal of final decision of city or county to Land Use Board of
Appeals.
Status:
3/1/13 H - Referred to Land Use with subsequent referral to Judiciary.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3100 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes facilities for vermiculture on land zoned for exclusive farm use.
Status:
3/1/13 H - Referred to Land Use.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3124 Position Priority Date Input
No Position 3 2/25/13Bill Info
Summary:Requires local governments, including special districts, to enter into urban service agreements not
later than January 1, 2015. Declares emergency, effective on passage.
Status:
3/1/13 H - Referred to Land Use.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3125 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Eliminates provision prohibiting, because dwelling is involved, creation of parcel smaller than
minimum lot or parcel size standard to facilitate forest practice. Rearranges other provisions that
do not read in to eliminate ambiguity and to improve clarity and readability.
Status:
3/12/13 H - Public Hearing and Possible Work Session scheduled.
3/1/13 H - Referred to Land Use.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3126 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes State Treasurer to issue Article XI-Q general obligation bonds to finance construction
and improvement of courthouses. Establishes Oregon Courthouse Capital Construction and
Improvement Fund. Appropriates moneys in fund to Judicial Department. Establishes matching
grant program for projects financed from moneys in fund. Declares emergency, effective on
passage.
Status:
3/1/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3130
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Support 1 2/25/13
Bill Info
Summary:Modifies list of new technologies or types of economic enterprises that qualify for use of moneys
deposited in industrial development revolving funds of individual counties to include
development of traffic control devices.
Status:
3/11/13 H - Informational Meeting scheduled.
3/1/13 H - Referred to Transportation and Economic Development.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3167 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Provides that certain local units of government may contract with private entities to assist local
units of government in carrying out certain duties related to sewage. Declares emergency,
effective on passage.
Status:
3/7/13 H - Public Hearing held.
3/1/13 H - Referred to Consumer Protection and Government Efficiency with subsequent referral to
Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3173 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Modifies authority for establishment of winery and for winery sales and services in exclusive farm
use zone. Declares emergency, effective on passage.
Status:
2/27/13 H - Referred to Land Use.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3186 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Directs Environmental Quality Commission to consider economic factors when adopting certain
rules related to alternative sewage disposal systems. Declares emergency, effective on passage.
Status:
2/27/13 H - Referred to Energy and Environment.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3190 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Prohibits participating public employer from issuing revenue bonds to finance pension liability
without express authorization from Legislative Assembly and majority of electors within
jurisdiction of participating public employer. Declares emergency, effective on passage.
Status:
2/27/13 H - Referred to Business and Labor with subsequent referral to Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3194 Position Priority Date Input
No Position 0 2/25/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Modifies sentences imposed for felony marijuana offenses and for felony driving while suspended.
Eliminates mandatory minimum sentences for all offenders convicted of sexual abuse in first
degree, assault in second degree and robbery in second degree. Eliminates mandatory adult
prosecution of persons who are 15, 16 or 17 years of age and alleged to have committed sexual
abuse in first degree, assault in second degree or robbery in second degree. Provides court with
range of presumptive prison sentences when sentencing repeat property offenders. Eliminates
mandatory minimum sentences applicable to certain repeat drug offenders. Increases maximum
period of short-term transitional leave program and requires Department of Corrections to
proactively assist inmates in applying for program. Provides for 30 percent reduction in term of
imprisonment for eligible offenders who meet rigorous conditions. Requires court to allow
eligible offenders to participate in alternative incarceration program unless court finds substantial
and compelling reasons to prohibit participation. Authorizes judicial review of certain mandatory
minimum sentences for conditional release when persons who were 15, 16 or 17 years of age at
time of crime have served one-half and three-fourths of sentence imposed. Authorizes offenders
supervised by local supervisory authority to obtain reduction in term of supervision under certain
circumstances. Modifies baseline for purposes of determining amount of community corrections
grants. Prohibits court from prohibiting imposition of structured sanctions by supervising
authority when certain offenders sentenced to probation. Requires supervisory authority to
impose special conditions of probation when person sentenced to probation for felony. Establishes
Task Force on Public Safety Oversight to review provisions of Act. Requires public bodies to use
statutory definition of ' recidivism' when evaluating rate at which persons convicted of crime
reoffend. Directs Oregon Criminal Justice Commission to adopt rules applicable to specialty
courts. Requires Oregon Department of Administrative Services to include margin of error and
certain explanatory information in state corrections population forecasts. Modifies manner of
evaluating evidence-based correctional programs. Modifies requirements for fiscal impact
statements prepared for proposed criminal laws. Creates Community Corrections Incentive Grant
Program. Authorizes Oregon Criminal Justice Commission to award grants to counties that reduce
use of prison resources while preserving public safety or that incarcerate and supervise offenders
sentenced to term of incarceration of 15 months or less. Appropriates moneys to commission for
biennium beginning July 1, 2013, for purposes of program. Establishes Community Corrections
Incentive Grant Account. Continuously appropriates moneys in account to Oregon Criminal Justice
Commission for purpose of making incentive grants to qualifying counties. Directs Department of
Corrections to identify cost-containment solutions for purpose of meeting five percent reduction in
operating costs over 10-year period. Declares emergency, effective on passage.
Status:
3/6/13 H - Public Hearing cancelled.
2/22/13 H - Referred to Public Safety with subsequent referral to Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3195 Position Priority Date Input
No Position 0 2/25/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Modifies sentences imposed for certain controlled substance offenses. Modifies sentence imposed
for felony driving while suspended. Authorizes offenders supervised by local supervisory
authority to obtain reduction in term of supervision under certain circumstances. Modifies baseline
for purposes of determining amount of community corrections grants. Requires supervisory
authority to impose special conditions of probation when person sentenced to probation for felony.
Requires public bodies to use statutory definition of ' recidivism' when evaluating rate at which
persons convicted of crime reoffend. Directs Oregon Criminal Justice Commission to adopt rules
applicable to specialty courts. Requires Oregon Department of Administrative Services to include
margin of error and certain explanatory information in corrections population forecasts. Directs
Legislative Fiscal Office to evaluate, or contract to evaluate, offender reentry and rehabilitation
programs. Prohibits public bodies from funding programs that office determines are ineffective.
Appropriates moneys to office for biennium beginning July 1, 2013, for purposes of evaluations.
Modifies requirements for fiscal impact statements prepared for proposed criminal laws.
Establishes Task Force on Corrections Cost Reductions. Establishes Task Force on Public Safety
Oversight to review provisions of Act. Establishes grant program for counties that provide
supervision-related services to certain offenders. Appropriates moneys to Oregon Criminal Justice
Commission for biennium beginning July 1, 2013, for purposes of program. Declares emergency,
effective on passage.
Status:
2/22/13 H - Referred to Public Safety with subsequent referral to Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3198 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Requires justice or municipal court to notify Department of State Police when court enters
judgment of conviction of Class A misdemeanor. Directs department to make rules for entry of
convictions into Law Enforcement Data System. Declares emergency, effective on passage.
Status:
2/27/13 H - Referred to Judiciary.
2/22/13 H - First reading. Referred to Speaker's desk.
HB 3214 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes employees of city or county who are members of collective bargaining unit with fewer
than 100 members to participate in benefit plans offered by Public Employees' Benefit Board.
Status:
2/27/13 H - Referred to Business and Labor with subsequent referral to Ways and Means.
2/22/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
HB 3246 Position Priority Date Input
No Position 0 2/27/13
Bill Info
Summary:Specifies contract requirements if county, Department of Human Services, Oregon Health
Authority or Department of Corrections contracts with home or facility to house released inmate
and home or facility is not residential facility required to be licensed. Declares emergency,
effective on passage.
Status:
3/4/13 H - Referred to Judiciary.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3280 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Appropriates moneys to Department of Justice for Restitution Collection Pilot Program. Provides
that unobligated moneys revert to General Fund. Adds compensatory fine collections to pilot
program. Extends sunset on pilot program and on reporting period for Department of Justice and
Judicial Department. Declares emergency, effective on passage.
Status:
3/4/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3283 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Increases maximum allowable balance of Criminal Justice Revolving Account. Declares
emergency, effective on passage.
Status:
3/4/13 H - Referred to Judiciary with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3298 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Requires certain statement by local government to accompany application for operating permit for
surface mining. Specifies content of statement.
Status:
3/4/13 H - Referred to Agriculture and Natural Resources.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3304 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Creates Commission on Fitness of County Clerks to appoint county clerks, hold hearings upon
complaint concerning conduct of county clerk and censure or remove county clerks for cause.
Takes effect only if House Joint Resolution 32 (2013) is approved by people at next regular general
election. Takes effect on effective date of constitutional amendment proposed in House Joint
Resolution 32 (2013).
Status:
3/4/13 H - Referred to Rules with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3317
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
No Position 0 3/1/13
Bill Info
Summary:Extends period of applicability of emergency communications tax.
Status:
3/6/13 H - Referred to Veterans' Services and Emergency Preparedness with subsequent referral to
Revenue.
2/27/13 H - First reading. Referred to Speaker's desk.
HB 3326 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Makes legislative findings regarding structures in rural or remote areas. Authorizes Director of
Department of Consumer and Business Services to limit application of specialty code provision of
state building code if director considers provision unclear, duplicative, inadequate or unsuitable
for structure or structure uses. Authorizes director to adopt alternative standard if director
considers specialty code provision unclear, duplicative, inadequate or unsuitable for structure or
structure uses. Authorizes building officials, plans examiners and department employees to
provide consultation and advice regarding specific requirements to qualify project for plan
approval. Allows person constructing project at location within municipality having building
inspection program to request provision of building inspection program services by department
instead of municipality. Authorizes department to grant request and provide services. Allows
department to make project subject to state administrative standards and fees, municipal
administrative standards and fees or combination of state and municipal standards and fees.
Authorizes department to contract with state agencies and local governments regarding project.
Status:
3/4/13 H - Referred to Consumer Protection and Government Efficiency.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3336 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Establishes limits on permissible uses of private park established on land zoned for exclusive farm
use.
Status:
3/4/13 H - Referred to Land Use.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3337 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Expands state policy relating to ecosystems. Adds ecosystem services to principles guiding state
land use program. Directs Governor's office to facilitate review of state conservation plans.
Authorizes state agencies to allow use of payments for ecosystems services as compensatory
mitigation. Specifies circumstances under which state agency may purchase credits for ecosystem
services. Declares emergency, effective on passage.
Status:
3/4/13 H - Referred to Energy and Environment with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3338 Position Priority Date Input
No Position 0 2/27/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Prohibits person from selling graffiti materials unless person keeps graffiti materials locked in
secure location, prospective purchaser provides person with photo identification and person keeps
certain records of sale. Permits local government to adopt ordinance that allows enforcement of
Act with civil penalty that does not exceed $1,000 for each violation. Provides that local
government that seeks civil penalty may not cause criminal prosecution to be commenced or
maintained against person that violates Act for same violation. Becomes operative 91 days after
effective date of Act. Declares emergency, effective on passage.
Status:
3/4/13 H - Referred to Judiciary.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3342 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Prohibits public employer from assisting, promoting or deterring union organizing and from using
public property to hold meeting with employee or supervisor if purpose of meeting is to assist,
promote or deter union organizing. Prohibits public employer from discharging, demoting,
harassing or otherwise taking adverse action against individual because individual seeks to enforce
Act or testifies, assists or participates in investigation, hearing or other proceeding to enforce Act.
Provides exceptions. Requires Bureau of Labor and Industries to enforce Act. Allows civil action
for violation. Imposes civil penalty for violation. Requires Employment Relations Board to include
in existing bargaining unit public employees who are not members of unit, but who seek to be
included in unit, if majority of employees seeking inclusion sign petition submitted to board
requesting inclusion. Declares emergency, effective July 1, 2013.
Status:
3/4/13 H - Referred to Business and Labor.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3358 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Allocates lottery moneys to Water Resources Department for purpose of issuing grants to ensure
meeting existing water mitigation obligations in general zone within Deschutes River Basin.
Establishes qualifications for entity receiving grant. Declares emergency, effective July 1, 2013.
Status:
3/4/13 H - Referred to Agriculture and Natural Resources with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3361 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Defines 'comparable' for purposes of arbitration between certain employees and Department of
Corrections.
Status:
3/4/13 H - Referred to Business and Labor.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3362 Position Priority Date Input
No Position 0 2/27/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Limits review by Land Use Board of Appeals of post-acknowledgement legislative changes to
comprehensive plans and land use regulations implementing plans to issues raised during local
planning process. Requires Department of Land Conservation and Development to study
requirements for citizen involvement in local land use planning to identify changes that can reduce
potential for appeals by ensuring more effective involvement in local land use planning. Declares
emergency, effective on passage.
Status:
3/4/13 H - Referred to Land Use with subsequent referral to Ways and Means.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3384 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Authorizes Department of Land Conservation and Development to act in lieu of city or county with
land use jurisdiction to issue permit for establishment of facilities to serve or support veterans on
land to be donated to public body or nonprofit organization.
Status:
3/4/13 H - Referred to Land Use.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3385 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Authorizes Department of Land Conservation and Development to act in lieu of city or county with
land use jurisdiction to issue permit for conditional use or exemption from land use regulation in
specified circumstances. Allows issuance of permit for land use that is consistent with
comprehensive plan designation for land but that cannot be approved under land use regulations
when land use is approved by compact of owners and residents of nearby land.
Status:
3/4/13 H - Referred to Land Use.
2/25/13 H - First reading. Referred to Speaker's desk.
HB 3396 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Requires that person seeking to appeal land use decision or limited land use decision to Land Use
Board of Appeals must be adversely affected by decision. Declares emergency, effective on
passage.
Status:
3/6/13 H - Referred to Land Use.
2/27/13 H - First reading. Referred to Speaker's desk.
HB 3404 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Permits counties, under certain conditions, to receive assistance payments from County
Assessment Function Funding Assistance Account for 2013-2014 and 2014-2015 fiscal years that do
not reflect changes in federal payments to county. Declares emergency, effective on passage
Status:
3/6/13 H - Referred to Rules.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/27/13 H - First reading. Referred to Speaker's desk.
HB 3416 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Directs county clerks to distribute, upon request, list of persons whose ballots have been
challenged because signature of person on return identification envelope does not match signature
on person's registration card.
Status:
3/6/13 H - Referred to Rules.
2/27/13 H - First reading. Referred to Speaker's desk.
HB 3438 Position Priority Date Input
No Position 0 3/5/13Bill Info
Summary:Permits any city to operate photo radar in school zone while school is in session. Requires that
police officer review video recording of conduct before signing citation.
Status:
3/6/13 H - Referred to Transportation and Economic Development.
3/4/13 H - First reading. Referred to Speaker's desk.
HB 3442 Position Priority Date Input
No Position 0 3/5/13Bill Info
Summary:Requires contracting agency to pay contractor promptly for goods or services contractor provides
in connection with public contract. Specifies conditions under which contracting agency must pay
interest to contractor on progress payments or overdue payments. Specifies rate of interest for late
or overdue payments. Becomes operative 91 days after effective date of Act. Declares emergency,
effective on passage.
Status:
3/6/13 H - Referred to Consumer Protection and Government Efficiency.
3/4/13 H - First reading. Referred to Speaker's desk.
HB 3444 Position Priority Date Input
No Position 0 3/7/13Bill Info
Summary:Provides that if public body agrees to pay or provide benefit to retired employees other than
payments required or provided for in statutes, public body must create separate account for
funding of those benefits and make annual contributions to account in amounts necessary to
amortize liability for benefits in 25 years or less. Eliminates provision prohibiting local
government and health care insurer from creating group solely for purpose of rating or of
establishing premium for health care insurance coverage of retired employees and dependents.
Status:
3/7/13 H - Referred to Business and Labor with subsequent referral to Ways and Means.
3/6/13 H - First reading. Referred to Speaker's desk.
HB 5006 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary:Directs distribution of moneys from Criminal Fine Account. Declares emergency, effective July 1,
2013.
Status:
1/23/13 H - Assigned to Subcommittee On Capital Construction.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
1/22/13 H - Referred to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 5016 Position Priority Date Input
No Position 2 2/22/13Bill Info
Summary:Appropriates moneys from General Fund to Judicial Department for biennial expenses. Limits
biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts and
reimbursements from federal service agreements, but excluding lottery funds and other federal
funds, collected or received by department. Limits biennial expenditures by department from
bond proceeds for payment of certain expenses. Limits biennial expenditures by department from
federal funds. Appropriates moneys from General Fund to Judicial Department for Oregon Law
Commission, Council on Court Procedures, conciliation and mediation services in circuit courts
and law libraries. Declares emergency, effective July 1, 2013.
Status:
1/23/13 H - Assigned to Subcommittee On Public Safety.
1/22/13 H - Referred to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 5030 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Appropriates moneys from General Fund to Oregon Health Authority for certain biennial
expenses. Limits biennial expenditures from fees, moneys or other revenues, including
Miscellaneous Receipts, tobacco tax receipts and certain federal funds, but excluding lottery funds
and other federal funds, collected or received by authority for certain purposes. Limits biennial
expenditures by authority from certain lottery moneys for certain purposes. Limits biennial
expenditures by authority from certain federal funds for certain purposes. Authorizes specified
nonlimited expenditures. Declares emergency, effective July 1, 2013.
Status:
3/6/13 H - Public Hearing held.
3/5/13 H - Public Hearing held.
3/4/13 H - Public Hearing held.
2/28/13 H - Public Hearing held.
2/27/13 H - Public Hearing held.
2/26/13 H - Public Hearing held.
2/25/13 H - Public Hearing held.
2/21/13 H - Public Hearing held.
2/19/13 H - Public Hearing held.
2/18/13 H - Public Hearing held.
2/14/13 H - Public Hearing held.
2/13/13 H - Public Hearing held.
2/12/13 H - Public Hearing held.
2/11/13 H - Public Hearing held.
2/7/13 H - Public Hearing held.
1/23/13 H - Assigned to Subcommittee On Human Services.
1/22/13 H - Referred to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HB 5042
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Support 3 2/28/13
Bill Info
Summary:Appropriates moneys from General Fund to Department of Public Safety Standards and Training
for debt service. Limits biennial expenditures from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by
department. Limits biennial expenditures by department from federal funds. Declares
emergency, effective July 1, 2013.
Status:
1/23/13 H - Assigned to Subcommittee On Public Safety.
1/22/13 H - Referred to Ways and Means.
1/14/13 H - First reading. Referred to Speaker's desk.
HJM 0012 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Urges Congress and Federal Communications Commission to support and protect right-of-way
management and compensation authority of local governments.
Status:
3/4/13 H - Referred to Consumer Protection and Government Efficiency.
2/25/13 H - First reading. Referred to Speaker's desk.
HJM 0013 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Urges Congress to enact legislation that prohibits states and local governments from offering tax
incentives to corporations or other businesses in exchange for promises of locating or expanding
facilities, retaining existing operations, meeting hiring quotas or providing other future benefits.
Status:
3/4/13 H - Referred to Revenue.
2/25/13 H - First reading. Referred to Speaker's desk.
HJR 0002 Position Priority Date Input
Support 0 1/16/13Bill Info
Summary: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.
Status:
2/25/13 H - Public Hearing held.
1/22/13 H - Referred to Rules.
1/14/13 H - First reading. Referred to Speaker's desk.
HJR 0007 Position Priority Date Input
No Position 3 2/6/13Bill Info
Summary: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.
Status:
3/8/13 H - Public Hearing scheduled.
3/7/13 H - Public Hearing held.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HJR 0008 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
3/8/13 H - Public Hearing scheduled.
3/7/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HJR 0013 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
3/8/13 H - Public Hearing scheduled.
3/7/13 H - Public Hearing held.
1/22/13 H - Referred to Revenue.
1/14/13 H - First reading. Referred to Speaker's desk.
HJR 0023 Position Priority Date Input
No Position 3 2/25/13Bill Info
Summary:Proposes amendment to Oregon Constitution to allow local taxing districts to adopt land value
taxation system that taxes land at one rate and all other property at lesser rate. Requires land value
taxation system to be in lieu of uniform ad valorem property taxation system of district. Exempts
land value tax from constitutional limits on property taxes. Refers proposed amendment to people
for their approval or rejection at next regular general election.
Status:
2/27/13 H - Referred to Revenue.
2/20/13 H - First reading. Referred to Speaker's desk.
HJR 0032 Position Priority Date Input
No Position 0 2/27/13Bill Info
Summary:Proposes amendment to Oregon Constitution to remove county clerks from elective officials of
county. Refers proposed amendment to people for their approval or rejection at next regular
general election.
Status:
3/4/13 H - Referred to Rules.
2/25/13 H - First reading. Referred to Speaker's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
SB 0014 Position Priority Date Input
Support 3 3/7/13
Bill Info
Summary:Repeals provisions repealing establishment of Oregon Growth Fund and Oregon Growth Board.
Declares emergency, effective on passage.
Status:
1/22/13 S - Referred to Business and Transportation.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0015 Position Priority Date Input
No Position 3 2/6/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
2/25/13 S - Public Hearing held.
1/18/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0019 Position Priority Date Input
No Position 2 2/28/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
2/14/13 S - Public Hearing held.
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0040 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
2/26/13 S - Public Hearing held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0041 Position Priority Date Input
Support 0 1/15/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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 on-
site inspections of property or facilities do not constitute governing body deciding on or
deliberating toward decision.
Status:
2/13/13 S - Public Hearing held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0056 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Decreases penalty for crime of cheating to maximum of one year's imprisonment, $6,250 fine, or
both.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0057 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Increases penalty for crime of riot to maximum of 10 years' imprisonment, $250,000 fine, or both.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0058 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Reduces minimum duration of special alternative incarceration program from 270 days to 240 days.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0061 Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Repeals obsolete provision relating to jury trials in county courts.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0069 Position Priority Date Input
Support 2 2/5/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary: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. Declares emergency, effective on passage.
Status:
2/12/13 S - Public Hearing held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0070 Position Priority Date Input
Neutral 2 2/5/13Bill Info
Summary: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.
Declares emergency, effective on passage.
Status:
2/13/13 S - Public Hearing held.
2/12/13 S - Public Hearing held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0078 Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Modifies rate of reimbursement that city or county may seek from inmate confined in local
correctional facility.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0079 Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Modifies description of certain agreements between county and Department of Corrections.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0080 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Directs Oregon Criminal Justice Commission to modify sentencing guidelines grid.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0081 Position Priority Date Input
Neutral 3 2/5/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Modifies minimum term of incarceration for offenders convicted of aggravated murder who are
eligible for parole.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0082 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Modifies classification of crime of supplying contraband. Punishes by maximum of 10 years'
imprisonment, $250,000 fine, or both.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0083 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Modifies statute of limitations applicable to civil actions arising out of commission of certain
crimes.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0084 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Modifies amount of compensation victims of certain crimes may be awarded.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0085 Position Priority Date Input
Support 0 1/15/13Bill Info
Summary: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.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0086 Position Priority Date Input
Support 0 1/15/13Bill Info
Summary: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.
Status:
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
SB 0093 Position Priority Date Input
Support 2 1/15/13Bill Info
Summary:Authorizes Department of Corrections to make grants to counties for provision of reentry support
and services to certain offenders under 19 years of age. Declares emergency, effective on passage.
Status:
3/6/13 H - Referred to Judiciary.
3/5/13 H - First reading. Referred to Speaker's desk.
3/4/13 S - Third reading. Carried by Prozanski. Passed. Ayes, 27; nays, 1--Johnson; excused, 2--Bates,
Devlin.
2/28/13 S - Second reading.
2/28/13 S - Recommendation: Do pass.
2/20/13 S - Work Session held.
2/6/13 S - Public Hearing held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0096 Position Priority Date Input
Support 2 2/1/13Bill Info
Summary:Authorizes certain groups of self-insured employers to qualify for exemption from security
requirements for self-insured employers.
Status:
3/6/13 S - Public Hearing held.
1/18/13 S - Referred to General Government, Consumer and Small Business Protection.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0100 Position Priority Date Input
Neutral 3 1/15/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/18/13 S - Referred to Health Care and Human Services.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0114 Position Priority Date Input
Support 3 2/22/13Bill Info
Summary:Creates task force to identify and develop proposals for improvements to Oregon law regarding
commercial activities at wineries. Sunsets task force on date of convening of 2015 regular
legislative session. Declares emergency, effective on passage.
Status:
1/18/13 S - Referred to Rural Communities and Economic Development, then Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0118 Position Priority Date Input
No Position 3 1/15/13Bill Info
Summary:Removes prohibition against local government enactment of taxes on alcoholic beverages. Applies
to alcoholic beverages manufactured or imported after effective date of Act. Takes effect on 91st
day following adjournment sine die.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
1/16/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0119 Position Priority Date Input
No Position 3 1/15/13Bill Info
Summary: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.
Takes effect on 91st day following adjournment sine die.
Status:
1/16/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0130 Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Requires criminal records check for volunteers and employees who staff State Emergency
Operations Center or emergency operating facility of city or county. Declares emergency, effective
on passage.
Status:
1/22/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0132 Position Priority Date Input
Support 2 2/15/13Bill Info
Summary:Changes certain documentation that must be submitted to school administrator for purpose of
opting out of immunizations. Declares emergency, effective on passage.
Status:
2/19/13 S - Public Hearing held.
1/18/13 S - Referred to Health Care and Human Services.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0134 Position Priority Date Input
Oppose 2 2/5/13Bill Info
Summary:Modifies organizational structure and process for 9-1-1 emergency reporting system. Establishes
nine regional 9-1-1 centers for 9-1-1 call-taking. Becomes operative on July 1, 2015.
Status:
4/4/13 S - Public Hearing Scheduled.
1/16/13 S - Referred to Veterans and Emergency Preparedness.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0173 Position Priority Date Input
No Position 0 1/16/13Bill Info
Summary:Creates service delivery technical assistance program in Governor's office to provide assistance to
counties in fiscal distress. Declares emergency, effective on passage.
Status:
3/21/13 S - Public Hearing Scheduled.
1/18/13 S - Referred to Rural Communities and Economic Development, then Ways and Means.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0180 Position Priority Date Input
Support 2 1/15/13Bill Info
Summary:Reduces portion of fine imposed in criminal action that is payable to state. Declares emergency,
effective on passage.
Status:
1/18/13 S - Referred to Judiciary, then Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0187 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Modifies time period within which Department of Corrections must comply with court's direction
to prepare certain proposed release plans. Declares emergency, effective on passage.
Status:
2/19/13 H - Referred to Judiciary.
2/13/13 H - First reading. Referred to Speaker's desk.
2/12/13 S - Third reading. Carried by Prozanski. Passed. Ayes, 29; excused, 1--Boquist.
2/7/13 S - Second reading.
2/7/13 S - Recommendation: Do pass.
2/6/13 S - Public Hearing and Work Session held.
1/18/13 S - Referred to Judiciary.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0220 Position Priority Date Input
No Position 2 2/20/13Bill Info
Summary:Requires that person seeking to appeal land use decision or limited land use decision to Land Use
Board of Appeals must be adversely affected by decision. Declares emergency, effective on
passage.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0246 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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. Takes effect on 91st day following
adjournment sine die.
Status:
3/18/13 S - Public Hearing and Possible Work Session scheduled.
1/22/13 S - Referred to Business and Transportation, then Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
SB 0248 Position Priority Date Input
No Position 0 1/17/13Bill Info
Summary:Increases amount of service and user charges collected for solid waste disposal that may be set
aside by local governments for certain uses.
Status:
3/4/13 S - Public Hearing held.
1/22/13 S - Referred to Environment and Natural Resources.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0250 Position Priority Date Input
Neutral 3 1/17/13Bill Info
Summary: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.
Status:
2/26/13 S - Public Hearing held.
1/22/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0251 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary: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.
Status:
2/21/13 S - Public Hearing held.
1/22/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0258a Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Reallocates moneys for transportation projects. Declares emergency, effective on passage.
Status:
3/6/13 H - Public Hearing and Work Session held.
2/19/13 H - Referred to Transportation and Economic Development.
2/18/13 H - First reading. Referred to Speaker's desk.
2/14/13 S - Third reading. Carried by Starr. Passed. Ayes, 30.
2/12/13 S - Second reading.
2/11/13 S - Recommendation: Do pass with amendments and subsequent referral to Ways and Means be
rescinded. (Printed A-Eng.)
2/11/13 S - Subsequent referral rescinded by order of the President.
2/5/13 S - Public Hearing and Work Session held.
1/16/13 S - Referred to Business and Transportation, then Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0260 Position Priority Date Input
No Position 0 1/15/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Authorizes issuance of lottery bonds for transportation projects funded from Multimodal
Transportation Fund. Specifies allocation of lottery bond proceeds. Declares emergency, effective
on passage.
Status:
2/19/13 S - Public Hearing held.
1/16/13 S - Referred to Business and Transportation, then Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0261 Position Priority Date Input
No Position 3 1/15/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
2/20/13 S - Public Hearing held.
1/18/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0312 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary: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. Takes effect on 91st day
following adjournment sine die.
Status:
3/4/13 S - Public Hearing held.
1/16/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0337 Position Priority Date Input
No Position 0 1/15/13Bill Info
Summary:Repeals requirement that certain local governments make health care insurance coverage available
to certain retirees.
Status:
1/22/13 S - Referred to General Government, Consumer and Small Business Protection.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0353 Position Priority Date Input
Oppose 2 1/17/13Bill Info
Summary: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. Becomes operative January 1, 2014. Declares emergency, effective on passage.
Status:
1/22/13 S - Referred to Business and Transportation.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0373
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
Support 3 1/17/13
Bill Info
Summary: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.
Status:
1/16/13 S - Referred to Health Care and Human Services.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0375 Position Priority Date Input
Support 3 1/17/13Bill Info
Summary:Allows coordinated care organizations to offer qualified health plans through health insurance
exchange to individuals who are not medical assistance recipients.
Status:
1/16/13 S - Referred to Health Care and Human Services.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0393 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary: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.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0397 Position Priority Date Input
No Position 0 1/17/13Bill Info
Summary: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. Takes effect on 91st day following adjournment sine die.
Status:
1/18/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0398 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary:Allows any elector to file action in circuit court when elector believes elections official has failed to
comply with elections law. Allows attorney fees.
Status:
1/16/13 S - Referred to Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0401 Position Priority Date Input
No Position 0 1/30/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Designates certain rivers and creeks as scenic waterways. Declares emergency, effective on
passage.
Status:
1/16/13 S - Referred to Environment and Natural Resources.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0407 Position Priority Date Input
No Position 0 1/30/13Bill Info
Summary:Grants written permission by Department of Transportation for existing unpermitted approach
roads under certain circumstances. Provides that written permission qualifies as approach permit.
Requires property owner that has approach permit to be responsible for cost and performance of
maintaining approach road. Directs Department of Transportation to provide report to Access
Management Oversight Task Force and Legislative Assembly on number of approach roads that
are granted approach permits. Sunsets reporting requirements on January 2, 2016. Directs
department to approve, with conditions, application for change of use of approach even if
application is for approach not moving in direction of conformance of highway standards, unless
department identifies safety or highway operations concerns. Limits department's authority to
take certain actions relating to highway maintenance and modernization projects and interchange
area management plans.
Status:
1/16/13 S - Referred to Business and Transportation.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0408a Position Priority Date Input
No Position 0 1/30/13Bill Info
Summary:Grants written permission by Department of Transportation for Establishes presumption that
certain existing unpermitted approach roads under certain circumstances have Department of
Transportation's written permission. Provides that written permission qualifies as approach permit.
Requires property owner that has approach permit to be responsible for cost and performance of
maintaining approach road. Provides requirements for development of facility plans. Directs
department to develop access management strategy for each highway modernization or
improvement project. Defines ' access management strategy '
Status:
3/7/13 S - Second reading.
3/6/13 S - Recommendation: Do pass with amendments. (Printed A-Eng.)
3/4/13 S - Work Session held.
2/26/13 S - Public Hearing and Work Session held.
1/16/13 S - Referred to Business and Transportation.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0412 Position Priority Date Input
Neutral 3 1/17/13Bill Info
Summary:Expands definition of 'public body' subject to public meetings law to include coordinated care
organizations.
Status:
2/13/13 S - Public Hearing held.
1/22/13 S - Referred to Judiciary.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0419 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0436 Position Priority Date Input
Support 2 1/17/13Bill Info
Summary: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.
Status:
2/21/13 S - Public Hearing held.
1/16/13 S - Referred to Health Care and Human Services.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0443 Position Priority Date Input
No Position 3 2/1/13Bill Info
Summary:Provides that all land within exclusive farm use zone qualifies for farm use special assessment.
Takes effect on 91st day following adjournment sine die.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0447 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary: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. Takes effect on 91st day
following adjournment sine die.
Status:
1/16/13 S - Referred to Finance and Revenue.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0449 Position Priority Date Input
No Position 2 1/17/13Bill Info
Summary: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.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0453
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
No Position 2 1/17/13
Bill Info
Summary: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. Declares emergency, effective on passage.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0455 Position Priority Date Input
No Position 2 1/17/13Bill Info
Summary: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.
Status:
1/16/13 S - Referred to Rural Communities and Economic Development.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0458 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Requires Oregon Department of Administrative Services to modify existing state agency job
recruitment procedures to allow access by local governments to department-operated websites and
other services offered by department for statewide open recruitment for employment positions in
local governments. Permits department to charge fees to recoup costs for use of websites and other
recruitment services by local governments.
Status:
2/8/13 S - Referred to General Government, Consumer and Small Business Protection.
2/4/13 S - Introduction and first reading. Referred to President's desk.
SB 0462 Position Priority Date Input
No Position 0 2/5/13Bill Info
Summary:Provides that composting facility that composts certain type of feedstocks may not be located
within specified distance of boundary of incorporated city. Provides exception for composting
facility located on land in exclusive farm use zone. Declares emergency, effective on passage.
Status:
2/11/13 S - Referred to Rural Communities and Economic Development.
2/4/13 S - Introduction and first reading. Referred to President's desk.
SB 0465 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Allows local government with land use jurisdiction over residential improvements substantially
damaged by flooding to cause to be recorded, in office of county clerk, official designation of
substantial damage. Declares emergency, effective on passage.
Status:
2/28/13 S - Public Hearing held.
2/11/13 S - Referred to Rural Communities and Economic Development.
2/4/13 S - Introduction and first reading. Referred to President's desk.
SB 0478
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Position Priority Date Input
No Position 0 2/7/13
Bill Info
Summary:Requires approval of urban renewal plan by electors of municipality proposing plan. Declares
emergency, effective on passage.
Status:
2/11/13 S - Referred to Business and Transportation.
2/5/13 S - Introduction and first reading. Referred to President's desk.
SB 0489 Position Priority Date Input
No Position 0 2/8/13Bill Info
Summary:Repeals requirement that certain local governments make health care insurance coverage available
to certain retirees.
Status:
3/13/13 S - Public Hearing Scheduled.
2/11/13 S - Referred to General Government, Consumer and Small Business Protection.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0492 Position Priority Date Input
No Position 0 2/8/13Bill Info
Summary:Requires district attorney to disclose to defendant data, documents, tangible objects or information
that reasonably appears to be favorable to defendant with respect to determination of guilt,
preliminary matter or sentence to be imposed. Provides that district attorney may not condition
plea offer on defendant's waiver of disclosure obligation. Declares emergency, effective on
passage.
Status:
3/18/13 S - Public Hearing and Possible Work Session scheduled.
2/11/13 S - Referred to Judiciary.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0496 Position Priority Date Input
No Position 0 2/8/13Bill Info
Summary:Requires moneys in county's road fund and expended for patrolling to be used solely for direct and
indirect costs associated with patrolling. Defines 'patrolling. ' Declares emergency, effective on
passage.
Status:
3/7/13 S - Work Session held.
2/28/13 S - Public Hearing held.
2/14/13 S - Referred to Rural Communities and Economic Development.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0502 Position Priority Date Input
No Position 0 2/8/13Bill Info
Summary:Prohibits Land Conservation and Development Commission from adopting rules to regulate
religious activities in state or local parks. Prohibits commission from adopting rules prohibiting or
restricting recreational activities in county parks that are in operative, acknowledged county park
master plan. Prohibits commission from adopting rules prohibiting or restricting development or
maintenance of county parks outside urban growth boundaries.
Status:
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
3/7/13 S - Public Hearing held.
2/14/13 S - Referred to Rural Communities and Economic Development.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0506 Position Priority Date Input
Neutral 3 2/8/13Bill Info
Summary:Excludes secure residential treatment homes and facilities as permitted use under zoning
requirements. Requires secure residential homes and facilities to notify county mental health
authority of names of residents placed in county who are under jurisdiction of Psychiatric Security
Review Board. Requires Oregon Health Authority to notify local law enforcement of licensing of
secure residential home or facility.
Status:
2/14/13 S - Referred to Health Care and Human Services.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0510 Position Priority Date Input
No Position 0 2/8/13Bill Info
Summary:Transfers duties of wildlife law enforcement from Department of State Police to county sheriffs.
Status:
2/14/13 S - Referred to Environment and Natural Resources.
2/7/13 S - Introduction and first reading. Referred to President's desk.
SB 0517 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Allows governing body of public body with land in diking or drainage district or in proposed
diking or drainage district to appoint designee, other than presiding officer or member of
governing body, to represent public body in matters related to district and land in district.
Status:
3/7/13 S - Work Session held.
2/28/13 S - Public Hearing held.
2/18/13 S - Referred to Rural Communities and Economic Development.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0522 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Provides that fee for certain motions related to appeals and petitions for review may not be
collected from state, counties, cities or school districts. Declares emergency, effective on passage.
Status:
2/18/13 S - Referred to Judiciary.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0538 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Allows two or more counties to petition Land Conservation and Development Commission to
establish by rule regional definitions for 'agricultural land' and 'forestland' for purposes of land use
planning in proposed region.
Status:
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/18/13 S - Referred to Rural Communities and Economic Development.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0545 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Prohibits designation as rural reserve of land for which exception to statewide land use planning
goal protecting agricultural land or forest land has been taken.
Status:
2/15/13 S - Referred to Rural Communities and Economic Development.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0546 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Eliminates certain property requirements for exclusion from central assessment of property of
company that is owner or lessee of data center. Grandfathers former property requirements with
respect to tax abatement agreements entered into before January 1, 2013. Takes effect on 91st day
following adjournment sine die.
Status:
2/13/13 S - Referred to Finance and Revenue.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0547 Position Priority Date Input
No Position 0 2/13/13Bill Info
Summary:Authorizes cities and counties to incur exempt bonded indebtedness to finance capital costs.
Declares emergency, effective July 1, 2013.
Status:
2/25/13 S - Public Hearing held.
2/15/13 S - Referred to Finance and Revenue.
2/12/13 S - Introduction and first reading. Referred to President's desk.
SB 0560 Position Priority Date Input
No Position 0 2/18/13Bill Info
Summary:Prohibits law enforcement agencies and officers from profiling based on specified personal
characteristics or circumstances of individuals, except when characteristics or circumstances are
tied to specific suspect description or credible information related to criminal incident or activity.
Requires law enforcement agencies to adopt policies and procedures to eliminate profiling based
on specified characteristics or circumstances of individuals and procedures for investigation of
complaints against law enforcement officers. Requires Attorney General to establish independent
procedures for receiving and recording complaints.
Status:
2/18/13 S - Referred to Judiciary.
2/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0566 Position Priority Date Input
No Position 0 2/18/13Bill Info
Summary:Directs State Medical Examiner to assume counties' responsibilities related to death investigations.
Directs State Medical Examiner to establish regions for administration purposes. Provides for
transitional period, ending July 1, 2017. Declares emergency, effective on passage.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
2/21/13 S - Referred to Judiciary.
2/14/13 S - Introduction and first reading. Referred to President's desk.
SB 0579 Position Priority Date Input
No Position 0 2/22/13Bill Info
Summary:Authorizes establishment of wineries as outright permitted use, subject to certain conditions, on
land zoned for exclusive farm use, on land zoned for forest use and on land zoned for mixed farm
and forest use. Modifies authority for winery to host agri-tourism and other commercial events.
Declares emergency, effective on passage.
Status:
2/21/13 S - Referred to Rural Communities and Economic Development.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0581 Position Priority Date Input
No Position 0 2/22/13Bill Info
Summary:Extends sunset date for provisions of law relating to county in fiscal distress and fiscal assistance
board statutes. Declares emergency, effective on passage.
Status:
2/21/13 S - Referred to Rural Communities and Economic Development.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0582 Position Priority Date Input
No Position 0 2/22/13Bill Info
Summary:Revises language regarding Department of Consumer and Business Services assumption of
administration and enforcement of county manufactured dwelling services, building inspection
program or part of building inspection program if county ceases administration and enforcement
due to budget limitations resulting from reduction or elimination of federal payments made to
offset lost county timber harvest revenue from federal forestlands. Requires Director of
Department of Consumer and Business Services to adopt rules establishing fees for assumed
services equal to fees charged by county prior to assumption by department.
Status:
3/21/13 S - Public Hearing Scheduled.
2/26/13 S - Referred to Rural Communities and Economic Development.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0597 Position Priority Date Input
Support 3 2/22/13Bill Info
Summary:Requires moneys in Emergency Communications Account, including Enhanced 9-1-1 Subaccount,
to be used for purposes of 9-1-1 emergency communications unless statutory exception is made
during state of fiscal emergency. Defines 'fiscal emergency. ' Declares emergency, effective on
passage.
Status:
2/21/13 S - Referred to Veterans and Emergency Preparedness.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0598 Position Priority Date Input
Support 3 2/22/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Establishes requirements for 9-1-1 calls placed from multiline telephone system.
Status:
2/21/13 S - Referred to Veterans and Emergency Preparedness.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0599 Position Priority Date Input
No Position 0 2/22/13Bill Info
Summary:Prohibits handling of voted ballot of elector unless person is elections official, employee of United
States Postal Service or relative of elector.
Status:
2/21/13 S - Referred to Rules.
2/19/13 S - Introduction and first reading. Referred to President's desk.
SB 0619 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Authorizes discrete investment of funds of political subdivisions in any commingled investment
pool established by State Treasurer for investment of funds of state agencies or county
governments. Declares emergency, effective on passage.
Status:
2/25/13 S - Referred to Finance and Revenue.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0627 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Raises threshold for requiring cost analysis for procurement from $250,000 to $2 million. Requires
contracting agency to include overhead costs in estimation of costs contracting agency would incur
in performing services subject to procurement. Removes prohibition on proceeding with
procurement if contractor's costs are lower solely because contractor pays employees less. Removes
requirement for state contracting agency to prepare request for appropriation to obtain resources
necessary to perform service that state contracting agency determines would cost less for state
contracting agency to perform but for which state contracting agency lacks necessary personnel
and resources. Becomes operative 91 days after effective date of Act. Declares emergency,
effective on passage.
Status:
2/28/13 S - Referred to Business and Transportation.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0634 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Reduces subjects of meetings that governing bodies of public bodies may conduct in executive
session.
Status:
2/25/13 S - Referred to Judiciary.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0643 Position Priority Date Input
No Position 0 2/25/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Revises definition of 'public employer. '
Status:
2/28/13 S - Referred to Education and Workforce Development, then Rules.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0645 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Prohibits local government from imposing standards or conditions of approval for land use permits
that are more restrictive than standards or conditions of approval applied in federal or state
regulatory permits except in case of preexisting regulatory program of local government.
Status:
2/28/13 S - Referred to Rural Communities and Economic Development.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0669 Position Priority Date Input
No Position 0 2/25/13Bill Info
Summary:Prohibits cities from imposing franchise fees, privilege taxes or other fees on certain districts for
occupancy of streets, alleys, highways or other public property.
Status:
2/26/13 S - Referred to Business and Transportation.
2/21/13 S - Introduction and first reading. Referred to President's desk.
SB 0676 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Requires governing body of local government to make final land use decision of local government
when resolution of issues requires interpretation of provision of comprehensive plan, or land use
regulation implementing plan, that governing body has not interpreted previously.
Status:
3/1/13 S - Referred to Rural Communities and Economic Development.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0685 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Modifies definition of 'employment relations' for purposes of collective bargaining related to terms
of disability, death or retirement system of certain police officers and firefighters.
Status:
3/5/13 S - Referred to General Government, Consumer and Small Business Protection.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0707 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Requires State Department of Agriculture to negotiate with local governments and attempt to enter
into contracts forming intergovernmental authorities to carry out functions and activities of State
Department of Agriculture with regard to grading, inspection and issuance of certificates for
agricultural and horticultural products. Imposes requirements and limitations on agreement
content.
Status:
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/28/13 S - Referred to Rural Communities and Economic Development, then Ways and Means.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0708 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Prohibits city incorporated after January 1, 1982, from processing land use applications and from
making land use decisions and limited land use decisions when city has not caused comprehensive
plan and land use regulations to be acknowledged within four years after date of incorporation.
Directs county with land use jurisdiction to process land use applications and to make land use
decisions and limited land use decisions within corporate limits of city.
Status:
2/28/13 S - Referred to Rural Communities and Economic Development.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0710 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Modifies definition of 'public employee.' Provides that person providing services under time-
limited contract with certain public employers is not public employee.
Status:
3/1/13 S - Referred to Rules.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0713 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Permits firearms training facilities in exclusive farm use zones.
Status:
3/4/13 S - Referred to Judiciary.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0716 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Allows local government, in county whose population is not growing and that has population of
less than 50,000, to alter comprehensive plan map designations notwithstanding statewide land use
planning goals relating to agricultural land and forestland. Requires appellate review of quasi-
judicial land use decisions and limited land use decisions directly related to and made in response
to land use application to be conducted in single proceeding in which Land Use Board of Appeals
has joined all appeals. Suspends operation of specified provisions of transportation planning
rules. Sunsets provision causing suspension of rules on June 30, 2015. Declares emergency,
effective on passage.
Status:
3/1/13 S - Referred to Rural Communities and Economic Development.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0727 Position Priority Date Input
No Position 0 3/1/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Requires county sheriff, upon request by certain landowners, to survey railroad crossing to
determine whether crossing is necessary for public safety purposes. Provides that railroad
company must maintain crossing determined to be necessary for public safety purposes and allow
use of crossing by public without charge for easement. Prohibits railroad company from limiting
public use of crossing that has been declared necessary for public safety purposes. Provides that
violation is specific fine violation, subject to presumptive fine of $100,000. Declares emergency,
effective on passage.
Status:
2/28/13 S - Referred to Business and Transportation.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0743 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Allows owner of territory not contiguous to city to annex to city if land is within 200 feet of existing
city boundary, city was under jurisdiction of boundary commission on January 1, 2007, and owner
acquired interest in territory prior to January 1, 1973. Sunsets January 1, 2014. Declares
emergency, effective on passage.
Status:
3/1/13 S - Referred to Rural Communities and Economic Development.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0750 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Requires local government to take final action on application for permit, limited land use decision
or zone change within 60 days. Sunsets provisions on January 2, 2020, or 30 days after Governor
proclaims unemployment rate of State of Oregon is at or below six percent.
Status:
2/28/13 S - Referred to Rural Communities and Economic Development.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0772 Position Priority Date Input
No Position 0 3/1/13Bill Info
Summary:Establishes alternative methods for telecommunications provider to satisfy requirement to collect
and remit tax on customer access to 9-1-1 emergency reporting system from prepaid
telecommunications service customers. Defines terms. Establishes Answering Point Consolidation
Subaccount in Emergency Communications Account. Continuously appropriates moneys in
subaccount to Office of Emergency Management for purpose of making grants to counties and
cities. Applies to monthly periods of telecommunications service that begin on or after effective
date of this 2013 Act. Extends sunset for tax on telecommunications service.
Status:
3/4/13 S - Referred to Finance and Revenue, then Ways and Means.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0785 Position Priority Date Input
No Position 0 3/1/13Bill Info
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Summary:Requires entities that use public financing for capital construction to report to Legislative Assembly
on use of local goods, services and labor.
Status:
3/13/13 S - Public Hearing and Possible Work Session scheduled.
3/4/13 S - Referred to General Government, Consumer and Small Business Protection.
2/26/13 S - Introduction and first reading. Referred to President's desk.
SB 0805 Position Priority Date Input
No Position 0 3/7/13Bill Info
Summary:Permits employee of contracting agency that conducts cost analysis or determines feasibility of
procurement, or exclusive representative of employee's bargaining unit, to seek judicial review of
cost analysis or determination. Specifies conditions under which review may occur. Requires
contracting agency to consider contractor's profit in cost analysis. Prohibits contracting agency
from considering proceeds of sale or costs of replacing long-term assets in cost analysis. Becomes
operative January 1, 2014. Declares emergency, effective on passage.
Status:
3/6/13 S - Introduction and first reading. Referred to President's desk.
SB 5534 Position Priority Date Input
Support 3 2/28/13Bill Info
Summary:Appropriates moneys from General Fund to Oregon Military Department for certain biennial
expenses. Limits biennial expenditures from fees, moneys or other revenues, including
Miscellaneous Receipts and federal service agreement reimbursements, but excluding lottery funds
and other federal funds, collected or received by department for certain purposes. Limits biennial
expenditures by department from federal funds for certain purposes. Declares emergency,
effective July 1, 2013.
Status:
1/23/13 S - Assigned to Subcommittee On Public Safety.
1/16/13 S - Referred to Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SB 5543 Position Priority Date Input
Neutral 3 2/5/13Bill Info
Summary:Requires Oregon Department of Administrative Services to transfer certain amounts from Tobacco
Settlement Funds Account for certain purposes. Declares emergency, effective July 1, 2013.
Status:
1/23/13 S - Assigned to Subcommittee On Capital Construction.
1/16/13 S - Referred to Ways and Means.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SJM 0006 Position Priority Date Input
No Position 0 2/22/13Bill Info
Summary:Urges President and Congress of United States of America to allow Oregon counties to manage
revested Oregon and California Railroad grant lands located in counties.
Status:
3/5/13 S - Public Hearing held.
2/21/13 S - Referred to Rural Communities and Economic Development.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
2/19/13 S - Introduction and first reading. Referred to President's desk.
SJR 0010 Position Priority Date Input
No Position 3 1/17/13Bill Info
Summary: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.
Status:
2/27/13 S - Public Hearing held.
1/16/13 S - Referred to Finance and Revenue, then Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SJR 0011 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
2/27/13 S - Public Hearing held.
1/16/13 S - Referred to Finance and Revenue, then Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SJR 0014 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
1/16/13 S - Referred to Finance and Revenue, then Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SJR 0016 Position Priority Date Input
No Position 3 1/16/13Bill Info
Summary: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.
Status:
1/18/13 S - Referred to Finance and Revenue, then Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
SJR 0021 Position Priority Date Input
Support 3 2/5/13Bill Info
Summary:Proposes amendment to Oregon Constitution to prohibit Legislative Assembly from transferring
moneys from dedicated other funds account to General Fund, or to another fund or account, to be
used for different purpose. Provides exceptions. Refers proposed amendment to people for their
approval or rejection at next regular general election.
3/8/2013 3:00:10 PM
Public Affairs Counsel
2013 Regular Session
Bill Summary Report
Status:
1/16/13 S - Referred to Rules.
1/14/13 S - Introduction and first reading. Referred to President's desk.
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 3130 1 Support
Industrial
Development
Revolving Funds
Modifies list of new technologies or types of economic
enterprises that qualify for use of moneys deposited in
industrial development revolving funds of individual
counties to include development of traffic control
devices.
McClane, Whisnant, McClane Administration
HB 2013 2
Directs Early Learning Council and Department of
Education to assist school districts in implementing
process to assess children to determine their readiness
for kindergarten. Requires standardized screening and
appropriate referral services for voluntary statewide
early learning system. Expands assessments and
services provided by Healthy Start Family Support
Services programs to include children from zero
through three years of age and their families. Directs
Oregon Health Authority and Early Learning Council to
work collaboratively with coordinated care
organizations to meet specified goals related to
prenatal care. Directs Oregon Health Authority and
Early Learning Council to establish grant program to
support effective and scalable strategies that align
early learning systems and health systems for purpose
of improving developmental outcomes for children zero
through three years of age. Expands requirements for
tiered quality rating and improvement system for child
care. Requires that preschool child with disability have
comprehensive plan for communication that allows
child, by age of three years, to engage in expressive
and receptive communication. Directs Early Learning
Council to establish demonstration projects to foster
creation of locally developed models of early learning
service delivery. Appropriates moneys from General
Fund to Early Learning Council for demonstration
Intended to replace HB 2222. Governor's Office
has been opposed to demonstration site
approach as proposed in this bill.
HB 2035 2 Support
Emergency
Communications
Taxes
Extends period of applicability of emergency
communications tax.911
One of 3 similar bills.
HB 2036 2 Support 911 Emergency
Reporting System
Establishes alternative methods for
telecommunications provider to satisfy requirement to
collect and remit tax on customer access to 911
emergency reporting system from prepaid
telecommunications service customers. Defines
terms.
911
HB 2062 2 Oppose Building Code
Prohibits application of state structural specialty code to
preexisting farm building or other building used as dog
training facility.
Community Development
HB 2123 2 Oppose Prescription Drugs
Requires State Board of Pharmacy to license
pharmacy benefit managers. Imposes limits on audits
of pharmacies by pharmacy benefit managers and
other entities. Requires pharmacy benefit managers
that have contracted with provider of health care plan
or that are under control of provider of health care plan
to permit covered individuals to fill mail order
prescriptions at retail community pharmacy in same
manner and at similar price that individuals fill orders at
mail order pharmacies. Places restrictions on use of
maximum allowable cost pricing index by pharmacy
benefit managers.
Personnel, Auditor
See also SB 363. Per AOC: A recent study
concluded that mail service pharmacies will save
Oregon employers, unions, government
employee plans, consumers, and other payers
$453 million over the next decade. If Oregon
were to enact anti-mail service-pharmacy
legislation, prescription drug costs for fully insured
in-state health plan sponsors and their enrollees
could increase by at least $147 million over the
next 10 years.
HB 2140 2 Support Investment Pool
Authorizes discrete investment of funds of political
subdivisions in any commingled investment pool
established by State Treasurer for investment of funds
of state agencies or local governments.
Finance
Page 1 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2221 2 Oppose 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
While there may be some potential nexus
between improved forest management and
increased timber harvest resulting in improved
road revenue, the use of County Road Funds
(fuel tax revenue) to conduct this study results in
a harmful precedent.
HB 2222 2 Support 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. Need to ensure that
reform includes screening and early identification
of behavioral health needs for at-risk children.
Support amendments ensuring a county role in
hubs.
HB 2234 2 Support Offender
Supervision
Eliminates sunset of provision authorizing
supervisory authority to place offenders on inactive
post-prison supervision.
Community Justice
Eliminates sunset / maintains status quo.
HB 2284 2
Oregon Industrial
Site Readiness
Project
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.
Administration
Of Interest to REDI and supported by EDCO.
Would offer forgivable loans of up to half of
preparation costs or projected income taxes,
whichever is lower, to upgrade properties 25
acres or larger in urban areas and 15 acres or
larger in rural areas. Funds would help pay for
acquisitions; upgrades to roads, water and sewer
systems; and planning and engineering.
HB 2285 2
Development of
Large Industrial
Sites
Requires Oregon Business Development Department
to establish and administer Oregon Industrial Site
Readiness Program providing grants to perform due
diligence assessments of large industrial sites, to
create detailed development plans to make large
industrial sites market-ready and to conduct regional
industrial site inventories. Establishes Oregon
Industrial Site Readiness Program Fund. Continuously
appropriates moneys in fund to Oregon Business
Development Department.
Administration
Of interest to REDI and supported by EDCO.
Would offer grants to help private parties and
public agencies create detailed development
plans for industrial land.
HB 2340 2 Oppose Workers
Compensation
Modifies provisions requiring public body to provide
workers' compensation coverage for qualified
emergency service volunteers.
Sheriff's Office, Risk
Management
Would shift responsibility for covering emergency
service volunteers who are responding to a state-
declared emergency from the state to the local
public body. Potential effect on County is
minimal, however, since County is self-insured,
any claim incurred by an emergency volunteer
would result in a negative impact. County's
average claim cost is about $10,000. Cap for
volunteer coverage is $25,000 per incident.
HB 2343 2 Support 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
Page 2 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2348 2 Oppose 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
Forms 8 regional health authorities.
HB 2392 2 Support 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 quitable 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, Community
Justice, Health
Seeks to 1) ensure counties some input and
oversight of public monies currently within Youth
Development Councils (youth investment and
juvenile crime); 2) expand narrow criteria of
prioritizing gang violence intervention to include
protective factors in youth; 3) establish an
equitable funding formula. Addresses several
concerns not specified in HB 4165 that was
passed last year. Does not include transition
plan for funds during the 6month gap when
transitioning from old CCF system to new Youth
Development Council system (June 30, 2013 to
January 1, 2014).
HB 2399 2 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
Clerk's Association concerned with arbitrary
calculation lacking specifics and high potential of
rejecting documents due to lack of sufficient
recording fees. Would support only if a
reasonable late fee was established instead of an
unclear calculation.
HB 2402 2 Oppose 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
HB 2415 2 911 Funding
Establishes alternative methods for
telecommunications provider to satisfy requirement to
collect and remit tax on customer access to 911
emergency reporting system from prepaid
telecommunications service customers. Defines
terms.
911
Would only support if HB 2036 dies.
Page 3 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2417 2 Support 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.
Huffman, Whisnant Clerk's Office, Veterans'
Services
Unsure if the money collected in Deschutes
County would stay in the County for local
emergency veterans' housing needs. Would like
to see stipulation in bill.
HB 2418 2 Oppose Collective
Bargaining
Modifies definition of 'supervisory employee' for
purposes of public employee collective bargaining law.
Personnel, Legal Counsel, 9-1-
1, Health, Others
Modification of "supervisory employee" clarifies
that nurses that perform lead duties are not
supervisory, consistent with DC positions.
Should monitor in case bill is modified to narrow
the definition of "supervisory employee."
HB 2448 2 Oppose Collective
Bargaining
Requires issue subject to collective bargaining during
term of collective bargaining agreement that is not
resolved through negotiation or mediation to be
resolved through binding arbitration. Prohibits public
employees from striking when issue subject to
collective bargaining during term of collective
bargaining agreement is subject to binding arbitration.
Personnel, Legal Counsel
HB 2496 2 Support
Emergency
Communications
Taxes
Extends period of applicability of emergency
communications tax.911
Support only if HB 2035 isn't passed.
HB 2587 2 Support 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
The nurse family partnership model, also being
implemented in Oregon and serving pregnant
women starting prenatally as opposed to post-
partum, also limits services to first births. By
allowing Healthy Start to expand their service
reach beyond first births, as done in other states
(i.e. Hawaii) they can reach a target group that is
currently underserved.
HB 2593 2 Support 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
Alternative to prison incarceration. If so ordered
by the court, permits DOC or local supervisory
authority board (SAB) to put inmates on EMD
with house arrest and satisfy sentence. SAB
already has this authority so the impact is really
for DOC inmates.
Page 4 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2674 2 Oppose 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.
Property & Facilities
HB 2695 2 Land Use
Modifies criteria for siting winery in exclusive farm use
zone and in areas zoned for mixed farm and forest
use. Allows winery sited in exclusive farm use zone to
conduct activities authorized for winery licensee under
Oregon Liquor Control Act, except for on-premises
sales of distilled liquor. Establishes authority for
Oregon Health Authority to license tasting room
restaurants. Authorizes establishment of tasting room
restaurant at winery or farm stand sited in resource
zone. Defines ' tasting room restaurant.' Authorizes
events on farm operation with direct on-site sales,
including farm operation with winery or farm stand.
Defines 'event.'
Huffman Community Development
Allows a wide range of events (e.g., concerts,
festivals, races) at wineries. Position requires
BOCC policy decision.
HB 2698 2 Support Building Codes /
Inspectors
Eliminates sunset on provisions for training, qualifying
and certifying specialized building inspectors. Specifies
authority of Director of Department of Consumer and
Business Services to appoint building inspectors in
multiple specialty codes. Allows appointment of
building inspector to building code administrative
region. Gives director authority to initiate rules to
promote consistency and reduce confusion regarding
state building code and rules to promote consistency,
reduce confusion or otherwise address problems
regarding requirements for licensing or other
authorization to perform work subject to state building
code.
Community Development
Proposed on behalf of AOC. Will streamline
some certification rules and procedures so that it
would be easier to certify an inspector that may
not otherwise fully comply with certification
requirements.
HB 2739 2 Support Elections
Adjusts hours of business of county clerk on election
days. Renames card issued to electors upon
registration, or update to registration, to 'voter
notification care.' Allows Secretary of State to approve
automated system for county clerks to use to verify
signatures of electors casting ballots.
Clerk's Office
HB 2741 2 Land Use
Authorizes development of resort-style amenities by
owner of heritage guest ranch. Exempts development
from specified provisions of land use planning statutes,
statewide land use planning goals, and acknowledged
comprehensive plan and land use regulations.
Huffman Community Development
Cyrus bill. Position requires BOCC policy
decision.
Page 5 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2869 2 Oppose Recording Fees
Authorizes county to charge fee not to exceed actual
cost to county of recording certain instruments.
Clerk's Office / Surveyor
Although this is primarily a surveyor-related bill,
the Clerk's Office does not support annually
changing recording fees. A clerk's office incurs
costs, including staff time, supplies, and postage,
to return a document when the correct fee is not
provided at the time of recording.
HB 2989 2 State Financial
Administration
Appropriates moneys from General Fund to Oregon
Department of Administrative Services for distribution
to Crescent Sanitary District for expenditure on septic
issues within district.
BOCC
Crescent Sanitary District is included in study
area.
HB 3166 2 Oppose
Certified
Environmental
Health Technician
Authorizes registered environmental health technicians
to provide technical support and assistance to
environmental health specialists, environmental health
specialist trainees, waste water specialists and waste
water specialist trainees. Establishes application
process for registration as environmental health
technician. Specifies duties of environmental health
technician.
Health
Lowers the standards for Registered
Environmental Health Specialists (REHS).
Lowering minimum standards would lead to lower
quality inspections and increase liability to the
environment and, potentially, to quality of life. As
knowledgeable and qualified professional
inspectors are displaced by less qualified
technicians, this will increase the risk to public
health from waterborne disease and could pose a
risk to Oregon's surface and groundwater quality.
HB 3336 2 Oppose Private Parks /
Exclusive Farm Use
Establishes limits on permissible uses of private park
established on land zoned for exclusive farm use.
Community Development
Bill language is ambiguous. Definition needs to
be clearer and address the issue of rural
weddings directly as well as explicitly state
whether such uses/interpretations are allowed.
Farm Bureau and Department of Agriculture will
likely support the bill, while Oregonians in Action
and various counties will likely oppose it.
HB 5016 2
Financial
Administration of
Judicial Department
Appropriates moneys from General Fund to Judicial
Department for biennial expenses. Limits biennial
expenditures from fees, moneys or other revenues,
including Miscellaneous Receipts and reimbursements
from federal service agreements, but excluding lottery
funds and other federal funds, collected or received by
department. Limits biennial expenditures by
department from bond proceeds for payment of certain
expenses. Limits biennial expenditures by department
from federal funds. Appropriates moneys from General
Fund to Judicial Department for Oregon Law
Commission, Council on Court Procedures, conciliation
and mediation services in circuit courts and law
libraries.
Circuit Court
HJM 0012 2 Support
Right-of-Way
Management and
Compensation
Authority
Urges Congress and Federal Communications
Commission to support and protect right-of-way
management and compensation authority of
local governments.
Road
Protects potential future revenue source if
franchise fees are ever allowed for County rights-
of-way.
SB 0019 2
Definition of 'Rural
Area" for Strategic
Investment Program
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.
Administration
Of interest to REDI and opposed by EDCO. If
population is capped at 30,000 for rural
municipalities, then Redmond would be rendered
ineligible at some point. If the Enterprise Zone
ends up with a prevailing wage for large projects,
the SIP program would be the only exemption
program left.
SB 0069 2 Support 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
Page 6 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 0070 2 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, Sheriff's
Office
Continues current practice by eliminating sunset
in SB 730. If enacted, more probationers will be
sentenced to more time in local jails. Marion
County asserts that the 60 day limit has reduced
the number of local control inmates in local jails
and consequently the portion of community
corrections grant derived from the population.
DOC estimates the fiscal impact at $9.6 million
for the biennium - funding not in the Governor's
budget. Supported by Community Corrections
Directors Association, opposed by Sheriffs who
operate a parole and probation program.
SB 0093 2 Support 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
SB 0096 2 Support 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
As a self-insured entity for worker's
compensation and general liability, DC purchases
a security for $10,000 to ensure payment of
claims. If not required by state, DC could save
$10,000 per year.
SB 0132 2 Support School
Immunizations
Changes certain documentation that must be
submitted to school administrator for purpose of opting
out of immunizations.
Health
In the past decade, the state has seen more than
a doubling of immunization exemption rates for
children entering school from 1.9% in 2000 to
5.8% in 2012. Deschutes county's exemption
rate has gone from .4% in 2000 to 7.7% in 2011.
This high exemption rate puts our community at
greater risk for vaccine-preventable diseases.
Supporting this bill would be an important step in
reducing exemptions and protecting our children
and their families.
SB 0134 2 Oppose 911 Emergency
Communications
Modifies organizational structure and process of 911
emergency reporting system. Establishes nine
regional 911 centers for 911 call-taking.
911
Not in favor of mandated PSAP consolidation.
SB 0180 2 Support 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.
SB 0220 2 Land Use Appeals
Requires that person seeking to appeal land use
decision or limited land use decision to Land Use
Board of Appeals must be adversely affected by
decision.
Community Development
Limits appeals to those adversely affected by
decision. Position requires BOCC policy
decision.
SB 0353 2 Oppose 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
Limits buying from a particular source or region
and would require tracking down where every
item is manufactured.
SB 0363 2 Oppose Prescription Drugs
Prohibits pharmacy benefit manager from creating
administrative or financial incentives to encourage
insureds to obtain prescription drugs from mail order
pharmacy instead of retail pharmacy. Requires
notification to policyholder or certificate holder of
conflicts of interest and other specified financial
incentives earned by pharmacy benefit manager from
purchases made through mail order pharmacy.
Personnel
See also HB 2123. Per AOC: A recent study
concluded that mail service pharmacies will save
Oregon employers, unions, government
employee plans, consumers, and other payers
$453 million over the next decade. If Oregon
were to enact anti-mail service-pharmacy
legislation, prescription drug costs for fully insured
in-state health plan sponsors and their enrollees
could increase by at least $147 million over the
next 10 years.
Page 7 of 8
Legislative Update 3-12-2013 - Priority 1 2
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 0436 2 Support 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
Requires CCO to maximize use of school-based
health centers and to coordinate care with certain
programs and entities by 12/1/2017.
SB 0449 2 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. Position requires BOCC policy
decision.
SB 0453 2 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.
Position requires BOCC policy decision.
SB 0455 2 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. Position requires BOCC policy
decision.
SB 0598 2 Support 911 System Establishes requirements for 9-1-1 calls placed from
multi-line telephone system.Whitsett 911 Important first step in dealing with the multi-line
phone system issue.
SB 0785 2 Oppose Capital Construction
Financing
Requires entities that use public financing for capital
construction to report to Legislative Assembly on use of
local goods, services and labor.Property & Facilities
Strongly opposed by Property & Facilities. Bill
requires County to report the origin of good,
services, and labor (Buy Oregon) for capital
construction projects. Impact of this type of
legislation is extremely cumbersome and nearly
impossible to monitor.
Page 8 of 8
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2090 3 Neutral 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
HB 2103 3 Neutral Sex Offender
Treatment
Prohibits person from practicing sex offender
treatment unless person is certified clinical sex
offender therapist or certified associate sex offender
therapist. Clarifies other prohibitions relating to sex
offender treatment.
Community Justice, Health
HB 2133 3 Neutral 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
HB 2136 3 Neutral 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
Support amendments dedicating funding to
prevention, CCOs, and child health and wellness.
HB 2141 3 Neutral Fairgrounds Repeals outdated statute relating to county
fairgrounds.Fair & Expo
HB 2142 3 Treasurers Repeals certain outdated statutes relating to county
treasurers.Finance
HB 2143 A 3 Neutral 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.
HB 2165 A 3 Neutral Abuse Reporting
Repeals sunset on county multidisciplinary teams that
develop and implement protocols and procedures for
investigation and reporting of abuse of adults with
disabilities.
Health, Sheriff's Office
HB 2179 3 Support
Emergency
Communications
Account
Designates Emergency Communications Account as
trust account exclusively for emergency
communication purposes. Declares legislative intent to
create contractual obligation of state to use moneys
only for emergency communication purposes and to
not transfer moneys out of account for other uses.
911
HB 2182 3 Support Recognition of First
Responders
Designates September 27 as annual First Responder
Appreciation Day.911
HB 2205 3 Neutral 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
Page 1 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2206 3 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
Bill lacks definition of "public safety" and pivot
point for SOS to assume duties. Concept is good
public policy to handle emergency situations,
however, public safety's relevance to
administering elections clarification. Clerk's
Association actively monitoring.
HB 2212 3 Support 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.
Road, Solid Waste, Building &
Facilities
Would raise the limit on small purchases (not
requiring competitive quotes) from $5K to $10K.
HB 2219 3 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.
HB 2238 3 Support
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.
Eligible uses relate to County projects and
programs .
HB 2253 3 Support 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.
HB 2254 3 Support 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.
Page 2 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2255 3 Support 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.
HB 2256 3 Support 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.
HB 2271 3 Support 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
HB 2272 3 Support 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
HB 2273 3 Oppose Dental Care
Requires Oregon Health Authority to continue to
contract with dental care organizations to serve
medical assistance recipients.
Health
HB 2280 3 Neutral 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.
Conger Health
HB 2320 3 Support Enterprise Zones
Allows city to seek designation of enterprise zone for
electronic commerce regardless of whether zone is
existing enterprise zone.
Community Development
Applies to cities, but could benefit County as a
property owner.
HB 2357 3 Neutral 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
Page 3 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2359 3 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.
HB 2374 3 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
Revises Oregon Public Records laws. Will
require new procedures, creation of an index of
certain records, make available copy machines
for members of the public to copy records. The
focus on copy costs per page is antiquated in that
many responses are given electronically where
copy costs are not an issue, but staff costs are.
May be worth supporting, but will take some effort
to implement.
HB 2375 3 Neutral Parole
Authorizes State Board of Parole and Post-Prison
Supervision to extend period of time between
parole hearings based on majority vote.Community Justice
HB 2376 3 Neutral Concealed
Handguns
Modifies authority of county sheriff related to issuance
and revocation of concealed handgun license.Sheriff's Office
HB 2413 3 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
HB 2429 3 Neutral 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
In its current form, staff expects this bill to be
enacted. The net requirement for the County
would be to develop a policy regarding the
destruction of personal data from digital media.
Deschutes County has no written policies in
place, but will work on developing them in any
case.
HB 2440 3 Support 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.
HB 2441 A 3 Neutral Land Use
Authorizes person to use agricultural building on land
zoned for forest use or mixed farm and forest use.
Authorizes forestry-related use of agricultural building
that is not subject to state structural specialty code.
Community Development
Clarifies exemption rules.
Page 4 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2454 3 Oppose 911 Funding
Provides for point-of-sale collection of tax for access to
911 emergency reporting system from prepaid wireless
telecommunications service consumers. Applies tax to
retail transactions made on or after January 1, 2014,
and before January 1, 2016. Requires Office of
Emergency Management and Department of Revenue
to report biennially to interim committee of Legislative
Assembly with authority over revenue issues on status
of available forms of telecommunications service and
related emergency communications taxation issues.
Extends period of applicability of emergency
communications tax.
911
Not in favor of point of sale method.
HB 2458 3 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
HB 2459 3 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
HB 2487 3 Oppose 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.
HB 2489 3 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
HB 2493 3 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.
Page 5 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2510 3 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
HB 2513 3 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
HB 2514 3 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
HB 2515 3 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
HB 2523 3 Neutral 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
HB 2534 3 Neutral 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.
HB 2548 3 Oppose Bail Relating to bail. Establishes commercial bail system.
Page 6 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 2552 3 Neutral 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
HB 2564 3 Neutral 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
HB 2574 3 Neutral
Alternative
Incarceration
Program
Reduces minimum duration of special alternative
incarceration program from 270 days to 240 days.Community Justice
HB 2609 3 Neutral Circuit Court Audits Deletes requirement that county audit include audit of
circuit court.Auditor
HB 2628 3 Neutral 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
HB 2657 3 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
Appears to be a good approach to preserving
industrial lands or allowing conversion based on
criteria. Position requires BOCC policy decision.
HB 2718 3 Neutral Social Service
Registry
Requires Oregon Department of Administrative
Services to establish and maintain registry of
individuals and families receiving social services from
state and county agencies to enable agencies to
coordinate provision of services.
Health, Children & Families
HB 2746 3 Neutral Land Use
Modifies provisions authorizing alteration, restoration,
or replacement of dwelling on tract of land zoned for
exclusive farm use.
Community Development
Makes a replacement dwelling in the EFU zone a
land use decision subject to a land use permit.
Replacing a dwelling becomes more time-
consuming and expensive for the applicant, but it
does create a record for such approvals and puts
some additional sideboards (especially time
limits) on these decisions.
HB 2891 3 Neutral Veterans'
Assistance
Directs Department of Veterans' Affairs and county
veterans' service officers to provide aid and assistance
to Korean Vietnam War veteran to obtain health care
coverage and services and, upon determination that
veteran is not eligible for health care coverage and
services under federal and state laws, to implement
program to provide such coverage and services.
Conger, McLane, Whisnant,
McClane Veterans
County already provides services to assist
veterans in obtaining VA health care benefits.
This bill singles out approximately 45 Korean
soldiers that served in the Korean military and not
the United States Military. County always
provides assistance, referrals, or direction to
receive health care within the community.
Unsure of "implement program to provide
coverage and services".
Page 7 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
HB 3031 3 Support
Juvenile
Supervision Service
Contracts
Authorizes Oregon Youth Authority to contract with
county or counties to provide parole and probation
services. Authorizes county or counties providing
parole and probation services to determine whether
youth offender has violated parole, revoke parole or
conditional release and order youth be taken into
custody and detained. Requires youth authority to
mediate when youth authority declines request of
county or counties to contract to provide parole and
probation services. Clarifies responsibilities when
responsibility for parole and probation services is
transferred from youth authority to county or counties.
Community Justice
Bill is tailored to fit the circumstances of counties
that comprise a single OYA regional office -
including Multnomah, Jackson, Lane, and
Marion. Support local county assumption of OYA
parole and probation, but with a different funding
and governance structure than that reflected in
this bill. As is, passage has no down side for
County and may be something that can be taken
advantage of in the future.
HB 5030 3 Neutral Oregon Health
Authority Budget
Appropriates moneys from General Fund to Oregon
Health Authority for certain biennial expenses. Limits
biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, tobacco
tax receipts and certain federal funds, but excluding
lottery funds and other federal funds, collected or
received by authority for certain purposes. Limits
biennial expenditures by authority from certain lottery
moneys for certain purposes. Limits biennial
expenditures by authority from certain federal funds for
certain purposes. Authorizes specified nonlimited
expenditures.
Health
Includes an important funding boost for
community mental health. Support with
amendments.
HB 5042 3 Support
Appropriates moneys from General Fund to
Department of Public Safety Standards and Training
for debt service. Limits biennial expenditures from
fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds
and federal funds, collected or received by department.
Limits biennial expenditures by department from
federal funds.
911, Sheriff's Office
HJR 0007 3 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
HJR 0008 3 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
HJR 0013 3 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
Adds layer to Measures 5 and 50 legislation.
Could potentially be costly to administer.
Page 8 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 0015 3 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
SB 0040 3 Neutral 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
SB 0056 3 Neutral Crime Penalties
Decreases penalty for crime of cheating to maximum of
one year’s imprisonment, $6,250 fine, or both.Community Justice
SB 0057 3 Neutral Crime Penalties Increases penalty for crime of riot to maximum of
10 years’ imprisonment, $250,000 fine, or both.Community Justice
SB 0058 3 Neutral
Alternative
Incarceration
Program
Reduces minimum duration of special alternative
incarceration program from 270 days to 240 days.Community Justice
SB 0080 3 Neutral Sentencing Directs Oregon Criminal Justice Commission to
modify sentencing guidelines grid.Community Justice
SB 0081 3 Neutral Sentencing
Modifies minimum term of incarceration for offenders
convicted of aggravated murder who are
eligible for parole.
Community Justice
SB 0082 3 Neutral Crime
Modifies classification of crime of supplying
contraband. Punishes by maximum of 10 years’
imprisonment, $250,000 fine, or both.
Community Justice
SB 0083 3 Neutral Crime
Modifies statute of limitations applicable to civil
actions arising out of commission of certain crimes.Community Justice
SB 0084 3 Neutral Crime Modifies amount of compensation victims of certain
crimes may be awarded.Community Justice
SB 0100 3 Neutral 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
Concerns that roll out of HIT plan is too slow with
a goal of 2015. Need to stress the need for
behavioral health information technology to be
interoperable with physical health system needs.
SB 114 3 Support Wineries
Creates task force to identify and develop proposals for
improvements to Oregon law regarding commercial
activities at wineries. Sunsets task force on date of
convening of 2015 regular legislative session.
Community Development
Task force to evaluate commercial activities at
wineries by 2015.
SB 0118 3 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
SB 0119 3 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
SB 0187 3 Neutral Conditional Release
Modifies time period within which Department of
Corrections must comply with court’s direction
to prepare certain proposed release plans.
Community Justice
Page 9 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 0246 3 Support 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.
SB 0250 3 Neutral 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.
SB 0251 3 Support 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
SB 0258 A 3 Neutral Transportation
Funding
Reallocates moneys for transportation projects.Road Monitor only at this time.
SB 0260 3 Neutral Transportation
Funding
Authorizes issuance of lottery bonds for transportation
projects funded from Multimodal
Transportation Fund. Specifies allocation of lottery
bond proceeds.
Road
Monitor only at this time.
SB 0261 3 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
Supported by EDCO. Could potentially have
fiscal impacts to County.
SB 0312 3 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.
SB 0371 3 Neutral Prescription Drugs
Claim Audits
Imposes requirements related to audits by or on behalf
of pharmacy benefit managers of pharmacy claims for
reimbursement of cost of prescription drugs.Personnel, Auditor
Per AOC: Would have the unintended
consequence of opening the door to fraud,
abuse, and wasteful spending. Severely restricts
the ability of health plans and employers to make
sure they're getting what they pay for.
SB0372 3 Neutral Pharmacy Benefit
Managers
Requires Department of Consumer and Business
Services to require pharmacy benefit managers to
meet specified requirements. Personnel
Per AOC: Pharmacy benefit managers are
already extensively regulated at both the state
and federal levels, and are, in fact, licensed
businesses in Oregon. Further regulation is
unnecessary and would result in increased costs.
SB 0373 3 Support 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
SB 0375 3 Support 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
Page 10 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 0393 3 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. Waives state land use
standards in rural areas for businesses with 10 or
more family wage jobs. Position requires BOCC
policy decision.
SB 0398 3 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
SB 0402 3 Neutral Pharmacy Benefit
Managers
Specifies requirements for reimbursement of covered
drugs by
pharmacy benefit manager.Personnel
See also HB 2123. Per AOC: Would create a
national precedent with a pricing scheme limiting
the ability of consumers, and Oregon
Businesses, to save money and manage drug
costs.
SB 0412 3 Neutral Coordinated Care
Organizations
Expands definition of 'public body' subject to public
meetings law to include coordinated care
organizations.
Health
SB 0419 3 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, Legal
Counsel
Exempts certain state-held properties from
LUCS. Deschutes County does not apply state
or local codes to Federal lands so this would
have limited impact. Position requires BOCC
policy decision.
SB 0443 3 Special
Assessments
Provides that all land within exclusive farm use zone
qualifies for farm use special assessment.Assessment & Taxation
SB 0447 3 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.
SB 0465 3 Neutral Flood Damage
Allows local government with land use jurisdiction over
residential improvements substantially damaged by
flooding to cause to be recorded, in office of county
clerk, official designation of substantial damage.
Community Development
County has not experienced this issue (lack of
notice for substantially damaged structures).
SB 0496 3 Neutral Road Funds
Requires moneys in county's road fund and expended
for patrolling to be used solely for direct and indirect
costs associated with patrolling. Defines 'patrolling.'Road
Does not affect Deschutes county as only a
select few counties are authorized to use road
funds for law enforcement.
SB 0506 3 Neutral
Secure Residential
Treatment Home
Siting
Excludes secure residential treatment homes and
facilities as permitted use under zoning requirements.
Requires secure residential homes and facilities to
notify county mental health authority of names of
residents placed in county who are under jurisdiction of
Psychiatric Security Review Board. Requires Oregon
Health Authority to notify local law enforcement of
licensing of secure residential home or facility.
Health, Community
Development
SB 0597 3 Support 911 Funding
Requires moneys in Emergency Communications
Account, including Enhanced 9-1-1 Subaccount, to be
used for purposes of 9-1-1 emergency
communications unless statutory exception is made
during state of fiscal emergency. Defines "fiscal
emergency."
Knopp, Whitsett 911
Likely to be opposed by Senator Courtney.
Page 11 of 12
Legislative Update 3-12-2013 - Priority 3
Bill Recommended
Priority
Recommended
Position Topic Description Sponsored Affected Departments Department Comments
SB 5534 3 Support
Appropriates moneys from General Fund to Oregon
Military Department for certain biennial expenses.
Limits biennial expenditures from fees, moneys or
other revenues, including Miscellaneous Receipts and
federal service agreement reimbursements, but
excluding lottery funds and other federal funds,
collected or received by department for certain
purposes. Limits biennial expenditures by department
from federal funds for certain purposes.
911
SB 5543 3 Neutral Tobacco Settlement
Requires Oregon Department of Administrative
Services to transfer certain amounts from Tobacco
Settlement Funds Account for certain purposes.
Health
Support amendments dedicating funding to
prevention, CCOs, and child health and wellness.
SJR 0010 3 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
SJR 0011 3 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.
SJR 0014 3 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
SJR 0016 3 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
SJR 0021 3 Support Dedicated Funds
Proposes amendment to Oregon Constitution to
prohibit Legislative Assembly from transferring moneys
from dedicated other funds account to General Fund,
or to another fund or account, to be used for different
purpose. Provides exceptions. Refers proposed
amendment to people for their approval or rejection at
next regular general election.
911
Most likely will not go to a vote.
Page 12 of 12