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HomeMy WebLinkAboutLegislative Update 3-12-13 Priority 1 2Legislative 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