Loading...
HomeMy WebLinkAboutLegislative Update Deschutes County Legislative Report September 25, 2013 1:30pm – Allen Room 1-866-279-1568, *8678842* I. Special Session Update a. September 30, 2013 b. PERS/Taxes – Grand Bargain c. Columbia River Crossing II. 2013 Legislative Recap a. General Session Overview i. Budget - $16.9 Billion GF/LF b. Enacted - Deschutes County Priority 1 Support Legislation i. House Bill 3130 – La Pine Stoplight c. Enacted - Deschutes County Priority 2 Support Legislation i. Education ii. County Administrative Issues iii. Public Safety Health Care/Public Health iv. Energy/Environment/Natural Resources III. Interim Activities Underway a. Interim Days i. November 20-22 ii. January 15-17 b. 2013 Legislatively Authorized and Statuary Task Forces i. List of Legislative Appointments IV. 2014 February Session Timelines/Process a. February Session i. Feb 3 – Opening Day ii. March 9th – Last Day iii. Total: 35 Days 1 iv. 260 Bills b. Committee Bill Limits i. Chair 2 - Legislative Drafts ii. Vice-Chair - Legislative Drafts c. Member Bill Limits i. 2 - Legislative Drafts d. Committee Filing Timelines i. Committee Introductions by January 17, 2013 e. Member Bill Filing Guidelines i. Submit to LC by November 26, 2013 ii. Returned to Legislators by January 13, 2013 iii. Bills filed by January 21st will be Publically Available for Review V. 2014/15 Issues a. Health Care i. Implementation of the CCOs 1. Expansion of Mental Health ii. Health Insurance Exchange (Cover Oregon) iii. Task Force on the Future of Public Health Services (HB 2348) b. Education i. Early Learning Council Transition – Pilot Projects (HB 2013 and HB 3234) ii. Regional Educational Services Workgroup (HB 2013 and HB 3401) iii. Youth Development Council Transition c. Human Services/Housing i. Housing Transformation Transition Plan ii. Task Force on the Delivery of Human Services (SB 450) d. Public Safety/Judicial Branches i. Task force on Public Safety (HB 3194) ii. Department of Corrections Transition Programs iii. 911 Tax e. County Administration i. Task Force on Minority Language Voting Materials (HB 3506) 2 ii. Public Contracting (SB 805) f. Land Use/Water i. Water Storage/Water Grants - Implementation of SB 839 ii. Cyrus Heritage Ranch 1. Huffman Workgroup iii. EFU/AG Zoning Issues (SB 538) iv. DEQ Onsite Water Fees (SB 5520) VI. Deschutes County Department Updates a. Issues for PAC to Monitor 3 4 5 6 77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled House Bill 3130 Sponsored by Representatives MCLANE, WHISNANT (at the request of Deschutes County) CHAPTER ................................................. AN ACT Relating to allowable use of moneys in industrial development revolving funds of individual counties; amending ORS 275.318. Be It Enacted by the People of the State of Oregon: SECTION 1. ORS 275.318 is amended to read: 275.318. (1) When the governing body of a county sells or leases real property acquired in any manner by the county, if that property is located in an area planned and zoned for industrial use under an acknowledged comprehensive plan of the county, the governing body may order all the moneys paid to the county under the terms of the sale be deposited with the county treasurer and credited to a special fund created by the governing body and designated the Industrial Development Revolving Fund of the county. (2) The county treasurer shall disburse the moneys in the Industrial Development Revolving Fund of the county only upon the written order of the county governing body and only for the purposes set forth in subsection (3) of this section. (3) The governing body of a county may expend moneys in an Industrial Development Re- volving Fund created under this section [by a county governing body shall be expended] only for : (a) The engineering, improvement, rehabilitation, construction, operation or maintenance, in whole or in part, including the preproject planning costs, of any development project authorized by ORS 271.510 to 271.540 [and] or 280.500 that is located in the county and that could directly result in one of the following activities: [(a)] (A) Manufacturing or other industrial production; [(b)] (B) Agricultural development or food processing; [(c)] (C) Aquacultural development or seafood processing; [(d)] (D) Development or improved utilization of natural resources; [(e)] (E) Operation of convention facilities [and] or trade centers; [(f)] (F) Operation of transportation or freight facilities; and [(g)] (G) Other activities that represent new technology or types of economic enterprise the county governing body determines are needed to diversify the economic base of the county. (b) Construction of off-site transportation or utility infrastructure that is necessary or appropriate to serve the development project. (4) If moneys from the sale of county property located in an area planned and zoned for indus- trial use are not credited to the Industrial Development Revolving Fund of the county, those moneys shall be distributed as provided in ORS 275.275. Enrolled House Bill 3130 (HB 3130-A)Page 1 7 (5) The governing body of a county may sell, lease or convey the real property described in this section, including any part thereof or interest therein, at public or private sale, with or without advertisement, and do all acts necessary to the accomplishment of the sale, lease or conveyance. Passed by House March 27, 2013 .................................................................................. Ramona J. Line, Chief Clerk of House .................................................................................. Tina Kotek, Speaker of House Passed by Senate May 20, 2013 .................................................................................. Peter Courtney, President of Senate Received by Governor: ........................M.,........................................................., 2013 Approved: ........................M.,........................................................., 2013 .................................................................................. John Kitzhaber, Governor Filed in Office of Secretary of State: ........................M.,........................................................., 2013 .................................................................................. Kate Brown, Secretary of State Enrolled House Bill 3130 (HB 3130-A)Page 2 8 DESCHUTES COUNTY SUPPORTED PRIORITY 2 BILLS Education/Youth Services House Bill 2013: The Early Learning Council (ELC), under the Oregon Education Investment Board (OEIB), was created through legislation in 2011. The Council guides efforts to “integrate and streamline” state programs for at-risk youth and ensures that children are prepared to learn when they enter kindergarten. Out of every 10 children in Oregon, at least four are not ready for kindergarten. Goals of the Oregon Early Childhood System include, and are not limited to: 1) the prevention of child abuse and neglect; 2) linking and integrating system programs and supports; and 3) parental braces in providing supportive environment for young children. HB 2013 directs the Early Learning Council (ELC) and Department of Education to assist school districts in implementing kindergarten readiness assessments for children and establishes a related grant program. Legislation requires standardized screening and referral services for voluntary statewide early learning system. Requires a permanent professional development and labor management committee be established for child care providers. Changes the program name for “Healthy Start Family Support Services” to “Healthy Families Oregon” and sets goal for program to target more than just first birth families and expands assessments to include children from zero to three years of age. HB 2013 directs the Oregon Health Authority and the ELC to develop performance metrics for prenatal care, delivery and infant care. Legislation instructs the Oregon Health Authority and the ELC to establish a grant program to support strategies that align voluntary statewide early learning systems and health systems to improve developmental outcomes for children from zero through three years of age. Requires preschool child with disability have comprehensive communication plan by the age of three years. Directs ELC to establish Early Learning Hub Demonstration projects, capping the number of projects at 7 in the first fiscal year of the 2013-15 biennium and at 16 in the second fiscal year. The bill appropriates an indeterminate amount of General Fund for demonstration projects. House Bill 2689: House Bill 2689-A establishes a streamlined, collaborative, project-based process, whereby public bodies may enter into agreements with youth job development organizations allowing youth participants (age 13 to 22) to work on public resource projects for job training, experience, or as part of an academic program. The measure also adds youth job development programs to the types of entities eligible to receive funding through the Career and Technical Education Revitalization Grant Program, in partnership with educational entities. 9 County Administrative Issues House Bill 2140: ORS 293.728 establishes the Oregon Short Term Fund, a pool of state and local government funds, as the investment vehicle for funds not authorized for discrete investment. The State and Local Government Efficiency Task Force, established by House Bill 2855 in 2011, recommended allowing local governments the option to invest in the Intermediate Term Pool, a separate investment pool. The measure provides express legal authority for local governments (cities, counties, school districts, community colleges, and special districts) to invest in the Oregon Short Term Fund (OSTF) though the Local Government Investment Pool (LGIP). The measure also allows local governments to invest in “…any other commingled investment pool established by the State Treasurer.” For example, this would include the Oregon Intermediate Term Pool (OITP), which is a non-statutory account. By allowing local governments to invest in these additional Treasury products, the local governments would be able to invest amounts beyond the statutory limit provided by ORS 294.810. House Bill 2698: The Legislative Assembly created a pilot program with the passage of House Bill 3462 (2009) for the purposes of cross-training building inspectors so that an inspector could perform an inspection in more than one specialty code. These inspectors are referred to as specialized building inspectors. The pilot program, scheduled to sunset on January 1, 2016, was designed to address the shortage of building inspectors in some regions of the state, particularly in certain specialty codes. House Bill 2698-A eliminates the sunset date on the program to continue the training, qualification and certification of specialized building inspectors. Legislation clarifies the authority of the Director of Department of Consumer and Business Services to appoint building inspectors in multiple specialty codes. It allows the Director to appoint building inspectors to perform inspections throughout different geographic region. HB 2689 allows the Director to consider factors specific to geographic regions when determining qualifications of inspectors. It grants the Director the authority to initiate rules to promote clarity in state building code and in licensing requirements. House Bill 2739: When a person registers to vote, updates voter registration information, or when the boundaries of a voter’s precinct change, the county clerk is required to send to the voter a memorandum card of convenient size containing the name and residence address of the elector (person qualified to vote), the name or number of the precinct in which the elector resides, and a brief statement of the circumstances under which the elector is required to register or update a registration. House Bill 2739A renames the memorandum card to “voter notification card” and makes indicates that the county may, rather than shall, mail notification cards to voters when precinct changes occur. House Bill 2829: Existing law requires each county governing body to publish a monthly schedule of expenditures exceeding $500 and a statement of proceedings reflecting actions taken by the body at public meetings. Currently, such reports are required to be posted on bulletin boards at the county courthouse and in all public libraries in the county. In addition, notice advertising the availability of the posted information must be published in a general circulation newspaper in the county at least once each month. House Bill 2829 A adds the Internet as a posting location and notice method and allows 10 counties to use one or more of the specified posting locations and notice methods to comply with the law. Legislation allows a county to comply with posting requirements by publishing a monthly schedule of expenditures and county actions at county courthouse, library bulletin boards, or on Internet. SB 562: The Building Codes Division (BCD) of the Department of Consumer and Business Services provides code development, administration, inspection, plan review, licensing, and permit services to the construction industry. Staff located in five regions around the state partner with other state and local government entities to help facilitate local construction projects, and assist local governments with other services such as e-permitting, best practices, and dispute resolution. Local programs are required to submit a report every four years and apply for renewal every four years. When a local provider chooses or is unable to execute plan review or permit services, the BCD provides these services. Legislation allows DCBS, at request of affected municipalities, to enter into agreement, combine resources, and share fee revenue with local government for DCBS to assist local government to administer and enforce all or part of building inspection program for specified period or project. It directs DCBS to adopt rule that the Department will charge the same fees and hourly rate for services that were charged by county before assumption of services by Department if Department assumes administration and enforcement of county manufactured dwelling services, building inspection program or part of building inspection program when county abandons or is unable to administer programs due to budget constraints resulting from reduced or eliminated federal timber payments. Legislation authorizes the Director to take action necessary to ensure efficient and responsive state building code system, including utilizing and hiring municipal or Department personnel and expending resources for purposes of carrying out administrative and enforcement duties according to agreement. Public Safety House Bill 2234: Currently, Oregon has over 3,000 offenders under local control post-prison supervision. Offenders may be placed on inactive status when they comply with the terms and conditions of their supervision and require less intensive supervision. The offender’s probation or parole officer may return an offender to active supervision if the officer finds it necessary to do so. Inactive supervision was included in House Bill 3508 from the 2010 session. This provision sunsets on July 1, 2013. Offenders are placed under local control after release from serving a sentence of 12 months or less in the local jail. House Bill 3508 allowed for offenders to be placed on inactive supervision status after serving half of his or her sentence. Legislation eliminates the sunset on provisions that allows offender on post-prison supervision to be placed on inactive status. House Bill 3194: In February of 2012, legislative leadership requested that the Governor continue the work done by the previous iteration of the Commission on Public Safety. In response, Governor Kitzhaber reconvened and reconstituted the Commission on Public Safety. After nearly six months of hearings (http://www.oregon.gov/CJC/Pages/2012ComPubSaf.aspx), the Commission issued a final report, which was the basis for discussions of the Joint Committee on Public Safety. 11 The measure impacts five areas of Oregon criminal law: 1) Sentencing; 2) Offender Incentives; 3) Offender Supervision; 4) Program Assessment; and 5) Correctional Resources. It reduces presumptive sentence for repeat offenders convicted of Identity Theft and Robbery III; eliminates prohibition on probation for offenders convicted of multiple drug offenses; modifies sentencing for marijuana offenses and driving while suspended or revoked; modifies crime of harassment. Increases maximum length of short-term transitional leave Department of Corrections (DOC) may grant; authorizes reduction in supervision term for certain offenders. Legislation authorizes supervisory authority to propose modifications to special conditions of probation. HB 3194 establishes Task Force on Public Safety. The bill directs the Oregon Criminal Justice Commission (OCJC) to collect best practices applicable to specialty courts. House Bill 3317: The current emergency communications tax is set to expire on January 1, 2014. There have been six sunset extensions of this tax since 1981. The tax rate is $0.75 cent per month per device capable of accessing 9-1-1 services, with the exception that federal, state, and local governments are tax exempt. The tax rate is set in statute and has been unchanged at $0.75 since 1995. The tax is collected by phone companies and wireless providers each month and then remitted to the Department of Revenue. The tax is used to pay for the Department of Revenue’s collect costs (up to one half of one percent), the Military Department’s - Office of Emergency Management program’s administrative costs and 9-1-1 training conducted by the Department of Public Safety Standards and Training (up to 4%); and statewide equipment and circuit charges (35%). The remaining revenue is distributed primarily to cities and counties on a quarterly basis to fund over 45 Public Safety Answering Points across the state (60.5%). Funds are distributed on a per capita basis; however, each county must receive a minimum of one percent of the net account balance. HB 3317 extends sunset date for emergency communications tax from January 1, 2014 to January 1, 2022. SB 93: A juvenile convicted of a Measure 11 offense is sentenced to the legal custody of the Oregon Department of Corrections, but placed in an Oregon Youth Authority facility. Most of these youth have difficulty readjusting to life outside the institution when released. Many do not have a place to live. Research shows that providing services, including housing, substantially reduce the chances of these youth re-offending. The cost savings associated with the reduction of recidivism is significantly greater than the costs of the re-entry program. Legislation allows the Oregon Department of Corrections to make grants to counties for the purposes of providing reentry services to youth under 19 years old. The bill establishes that the services may include transitional housing. Senate Bill 598: Public safety communications infrastructure has not kept pace with rapid advancements in communications technology generally, resulting in inconsistent ability to transmit information from a 9-1-1 caller’s phone into the 9-1-1 reporting system. Ideally, an incoming 9-1-1 call should immediately and automatically transmit an accurate callback number and the specific location of the emergency, without undue reliance on conversation with a caller. When emergency responders are 12 delayed due to incomplete and/or inaccurate information, the consequences can be grave. Senate Bill 598A requires that certain multiline phone systems comply with requirements of the automatic location identification database accessed by public safety answering points, to provide immediate, accurate information to emergency responders. SB 598 requires operators to enable public safety answering points (PSAPs) to obtain street address and building name, at minimum, from automatic location identification database (ALID) for 9-1-1 calls. It exempts operators of key telephone systems, wireless telecommunications, and multiline systems serving single level, single tract structures of 10,000 square feet or less. Legislation requires diligent efforts by managers to ensure user awareness of 9-1-1 call procedure and requires operators to arrange ALID update upon installation of new phone system to enable PSAPs to obtain 9-1-1 caller address and callback number. Health Care/Public Health House Bill 2348: The Oregon public health system is comprised of state, federal and local agencies, private organizations and other partners working together to protect and promote the health of Oregonians. The Oregon Health Authority asserts that a strong public health system is necessary to achieve better health outcomes at lower costs and to continue the transformation of health care delivery. House Bill 2348-A creates a task force to study the future of public health in Oregon. The task force is directed to develop recommendations for legislation to continue providing public health services efficiently and effectively and to submit a final report before the 2016 regular session of the Legislative Assembly. It requires task force report to interim committee no later than October 1, 2014. SB 132: According to the Oregon Public Health Division, for the last decade, Oregon’s non-medical exemption to the school immunization rate for kindergartners has increased from less than 2 percent in 2001 to 5.8 percent in 2012. In some counties, the rate of non-medical exemption is as high as 12 percent. Oregon has the highest non-medical exemption rate for one or more immunizations in the United States, and some Oregon schools have an exemption rate as high as 70 percent. Senate Bill 132-A requires parents to sign a document declining immunizations on behalf of the child. The document may include reasoning for declining the immunizations, such as for religious or philosophical belief. The document must include a signature from a health care practitioner verifying that the parent has reviewed information about the risks and benefits of immunization or include certification verifying that the parent has completed an online educational video approved by the Oregon Health Authority. SB 436: Coordinated Care Organizations (CCOs) have been directed by the Oregon Health Authority (OHA) to reduce the health care cost curve by 1 percent next year and 2 percent per year over the following 3 years. Many of the efforts to achieve these savings will be focusing on individuals who over- utilize emergency rooms, and/or adults with serious chronic or mental health conditions. Supporters assert that many prevention programs and children’s health programs have been in place for a long time 13 and have a proven record of success, and are concerned that these programs will not be a focus of the CCOs in many areas. SB 436 requires coordinated care organization (CCO) and community advisory council to adopt health improvement plan. The bill specifies that strategies are to be included in plan. Legislation authorizes Oregon Health Authority (OHA) provide incentive grants, and directs CCOs submit report to OHA, and OHA to compile information and present to Legislative Assembly by December 31, 2014. Energy/Environment/Natural Resources SB 839: The Subcommittee recommended appropriated $30,000 General Fund to the Water Resources Department (WRD). Senate Bill 839-B establishes a Water Supply Development Account and sets expectations for making loans and grants from the account. It also makes a one-time appropriation of $30,000 General Fund to support two task forces established by the bill. The $30,000 General Fund appropriation will pay for the actual and necessary travel and other expenses of task force members. The major provisions of the bill are as follows: It establishes the Water Supply Development Account which is continuously appropriated to the Water Resources Department (WRD). WRD will operate the Water Development Supply program and is charged with evaluating applications for loans and grants and for recommending project funding. The Water Resources Commission is directed to adopt rules as well as set operative and repeal dates for certain sections in the measure by January 1, 2015. Costs associated with rule making are assumed to be absorbable within the parameters of the agency’s legislatively adopted budget. A technical review team to score and rank projects will include: Department of Agriculture, Business Development Department (Business Oregon), Department of Environmental Quality and the Oregon Department of Fish and Wildlife. These agencies will absorb the workload within their regular budgets. Lottery-backed bonds have been requested in Senate Bill 5533 to provide $10 million for which the agency anticipates utilizing to carry out the capital grant and loan provisions of the bill. 14 1 Public Affairs Counsel From:Capitol Club <oregoncapitolclub@gmail.com> Sent:Sunday, July 07, 2013 10:13 AM To:Public Affairs Counsel Subject:Senate Rule Amendments, Interim Calendar, Draft Concurrent Resolution Attachments:Proposed Senate Rule Revisions-2013 Sine Die.pdf; ATT00001.htm; Interim Calendar.pdf; ATT00002.htm; Draft Concurrent Resolution.pdf; ATT00003.htm Dear Capitol Club Members: Attached are the proposed amendments to the Senate Rules before we sine die. These are the amendments circulated with each caucus earlier today. Under SR 2.05, we will also place a copy at the Senate floor desk and the Reading Clerk will read the proposed amendments this afternoon. The rules can then be voted on tomorrow. Also attached is the Interim Calendar and Draft Concurrent Resolution circulated earlier. In summary: 1. Fact-Finding Missions: SR 14.15 establishes a procedure to officially approve fact-finding missions by Senators paid for by outside groups. An application would be submitted to the Secretary of the Senate along with an itinerary for the trip and a written opinion from the Ethics Commission approving the trip. After the trip, the trip’s organizer would then confirm who participated in the trip, the actual expenses, and the activities on the trip. Approved applications and the follow-up documentation will be posted on the Secretary of the Senate’s website. Any reporting requirements with the Ethics Commission continue to apply. For a frame of reference, we used this process for the Wallowa County Tour earlier this session by Sen. Hansell and Sen. Dingfelder. 2. Updated Budget: SR 15.20 is updated to reflect members’ budgets for the Interim and Short Session. 3. Updated Bill Limits: SIR 213.20(2) reflects that interim committees will have three measure drafting requests. The chair is allocated two requests and the chair and vice-chair in agreement are allocated one request. Members will have two drafts each under the Concurrent Resolution to be adopted. 4. Deadline for Interim Committees to Vote: SIR 213.20(4) sets January 17, 2014, as the deadline for interim committees to vote on measure introductions. This is the last day of the January 2014 Legislative Days. 5. Deadline to Drop Bills & Procedure for Confidentiality: The Concurrent Resolution to be adopted will set November 26, 2013, as the deadline to submit drafting requests to Counsel. The Resolution then requires Legislative Counsel to return your drafts by January 13, 2014. The Resolution then sets January 21st as the deadline to file measures with the Secretary of the Senate. Senate Interim 213.20(5) then provides that all measures filed by January 21, 2014, will not be confidential and will be released publicly before the Short Session. This will allow staff and the public to review the bills before the Short Session and will give your bill the best chance of success in the session. If you would prefer to keep you bill confidential until session, then you may file the bill after January 21st and no later than February 3, 2014. Those bills will be kept confidential until February 3rd, when they will be processed in the regular course for First Reading. 6. Legislative Days: The attached calendar also shows important dates in the interim. Notably, Legislative Days are scheduled for: a. September 16-18, 2013. 15 2 b. November 20-22, 2013. c. January 15-17, 2014. d. May 28-30, 2014. If you have any questions, please let me know. Jolene Bynum Capitol Club, Lobby Message Center 900 Court St. NE, 60-G Salem, OR 97301 oregoncapitolclub.org P: 503-378-9800 16 17 18 19 20 21 22 23 24 25 26 27 Office of the Senate President 900 Court St NE S-203, Salem, Oregon, 97301 * (503) 986-1600 voice * (503) 986-1004 fax * sen.petercourtney@state.or.us MEMORANDUM TO: Robert Taylor, Secretary of the Senate FROM: Peter Courtney, President of the Senate DATE: August 26, 2013 RE: Appointments to Interim Task Forces and the Special Committee on University Governance and Operations Effective immediately, I am making the following appointments: Oregon Innovation in Infrastructure Task Force (House Bill 2345, 2013) Senator Lee Beyer Senator Bill Hansell Task Force on the Future of Public Health Services (House Bill 2348, 2013) Senator Bill Hansell Senator Laurie Monnes Anderson Task Force on Procuring Through Small and Local Businesses (House Bill 2667, 2013) Senator Herman Baertschiger Senator Chip Shields Task Force on High School and Transition Success for Students with Disabilities (House Bill 2743, 2013) Senator Betsy Close Senator Chris Edwards Task Force on Individual Responsibility and Health Engagement (House Bill 2859, 2013) Senator Brian Boquist Senator Betsy Johnson Task Force on Resilience Plan Implementation (Senate Bill 33, 2013) Senator Alan Olsen Senator Arnie Roblan 28 Special Committee on University Governance and Operations (Senate Bill 270, 2013) Senator Peter Courtney Senator Richard Devlin Senator Fred Girod Senator Bill Hansell Task Force on Apprenticeship in State Contracting (Senate Bill 782, 2013) Senator Chip Shields Senator Chuck Thomsen If you have any questions, please contact my office at (503) 986-1600. cc: State Senators Speaker of the House Senate Democratic Office Senate Republican Office House Democratic Office House Republican Office Legislative Administration Committee Services Legislative Counsel Legislative Fiscal Legislative Revenue Governor’s Office 29 30 31 32 33 34 35 36 37 38 39 40