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HomeMy WebLinkAbout2012-02-07 Work Session MinutesDeschutes 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 TUESDA Y, FEBRUARY 7, 2012 Present were Commissioners Tammy Baney, Alan Unger and Anthony DeBone. Also present were Erik Kropp, Interim County Administrator; Dave Inbody, Assistant to the Administrator; SheriffLarry Blanton; Hillary Saraceno, Children & Families' Commission; Scot Langton, Assessor; Nick Lelack, Community Development Department; Scott Johnson, Health Services; Justice Court; Chris Doty, Road Department; citizens Andy High ofCOB A and Bill Robie, COAR; and media representative Hillary Borrud ofThe Bulletin. Chair DeBone opened the meeting at 12:05 p.m. 1. Discuss and Prioritize Legislative Bills. Dave Inbody said there are a couple of high priority items to address. In particular, these were HB 4165 (Early Learning Council) and SB 1544 (Transportation Planning). Hillary Saraceno said that HB 4165 gives more clarity to the ELC. She reviewed the key points (a copy is attached for reference). This would abolish the State Commission on Children & Families and the local CCFs, and County statutes for allowing the CCF. There needs to be some infrastructure in place to address this change; a partnership including counties would allow for some authority. She went over proposed recommendations to make this change easier. She indicated she has been asked to speak on this issue and wants to be clear on what she should say on behalf of Deschutes County. Scott Johnson wants to see clear legislative intent, and felt that Administrative Rule should not be written too narrowly. Ms. Saraceno said the Governor is pleased with the work being done regionally. They want to maintain allowances for implementing now so they won't have to compete in the future against other counties. Minutes of Board of Commissioners' Work Session Tuesday, February 7, 2012 Page 1 of 7 Pages Minutes of Board of Commissioners’ Work Session Tuesday, February 7, 2012 Page 2 of 7 Pages Commissioner Baney asked Ms. Saraceno to be strong on the accountability hub and the gang priority. She would be softer on recommending structure of the agency around the director. She recommended using graphics explaining how the issues tie together. She suggested the County is not against it, but wants to see some changes. ___________________________ Regarding SB 1544, Chris Doty said there is good news on this bill. Central Oregon Landwatch, DLCD and ODOT had forwarded amendments. It may go on the floor today, and then to the house. This allows the TPR hurdle to be addressed. Susan Ross stated this would affect the 215 acres in south Redmond that could not get past the TPR issues. Amendments have been proposed and the County is supportive. DLCD was trying to eliminate some of the land use concerns, such as not allowing any commercial uses in industrial areas. ___________________________ The group then discussed Priority 2 issues. Mr. Johnson said that SB 1580 and HB 4012 are pertinent. These create the Coordinated Care Organization, and ar e now in Ways & Means. It is clear now but there could be some substantive changes proposed. The Board is supportive as is, along with AOC. ___________________________ Mr. Inbody stated that 1509, relating to the Oregon health insurance exchange, seems to be moving. It was felt this should be a 3 (watch list). ___________________________ He then explained that there are some contracting bills, and one already passed the house, HB 4034. Mr. Pilliod indicted that 4034 has grammatical changes but not much substantive change and most of this does not affect the County. ___________________________ Mr. Pilliod stated that HB 4115 requires paying a fee to the Secretary of State to fund a public contracting audit account. The complete package in terms of gathering 1/10 of 1% of contract price, use funds to undertake certain audits to address fraud, waste, misconduct, etc. He can’t argue against the use of these funds, but did not realize there was a problem. He wondered if it was appropriate to set these funds aside. Susan Ross added that they already have to pay 1% in to BOLI. Mr. Doty noted that it is not appropriate nor needed, since there are already ways to address audits. This is just another level of bureaucracy. Minutes of Board of Commissioners’ Work Session Tuesday, February 7, 2012 Page 3 of 7 Pages Mr. Pilliod said the Attorney General’s Office would investigate if there was a concern, and they have resources to do so. This bill would be for random audits whether there is a known problem. He feels it is a poor use of funds. The Board felt this is a priority 2, and do not support it. ___________________________ Mr. Inbody said that HB 4142 is meant show a preference for the use of recycled paper products in the State, at a 10% level or better. Ms. Ross stated that she gets concerned about this type of legislation; sometimes it is not the best product. Mr. Pilliod noted that it would be a preference for products manufactured in Oregon. However, this could create unnecessary competition across state lines. The Board felt this was a priority 2, and do not support it. ___________________________ Mr. Inbody indicated that HB 4151 might be a precursor to something in the future that might happen. As written, it only applies to state agencies. The idea is to concentrate on the chemical process and hazards, toxicity, and enact a preference in purchasing what they call environmentally preferred products. They may be using State agencies as a guinea pig, but then apply to local entities. How this works needs to be monitored so see if there are problems when applied at the State level. ___________________________ SB1533 modifies the current preference for solar products and expands it to refer to green energy technology, which could include geothermal, wind, biomass and conservation efforts. For new public buildings or major reconstruction, 1.5% of total contract price used to have to be applied for solar. This bill expands this to other types of energy savings technology. Ms. Ross said this would apply to projects of $1 million or more. She supports this change. She would also see a clause added that if a building is constructed to LEED standards, it is exempt. LEED standards incorporate a lot of sustainable energy ideas and have to be certified. The Oregon State Police building was built to LEED standards that exceeded the 1.5% level. ___________________________ Mr. Pilliod indicated that SB 1556 has to do with transit projects and imposes a ‘buy American’ requirement. There is no real application to Deschutes County. Materials would have to be manufactured in the U.S. as part of the ARRA stimulus funding. It means the bidder of a project has to demonstrate they have a process in place to buy American products. The Board said this is a priority 3. ___________________________ Minutes of Board of Commissioners’ Work Session Tuesday, February 7, 2012 Page 4 of 7 Pages Dave Inbody brought up HB 4025, the criminal fines account. Judge Fadeley said that historically fines went towards law enforcement, but were then proposed to go to the State. In the past, every violation had a State assessment of $37 to $67, and they always got their part first. So if not all of the fine got paid, the State would be sure to get its part first. In 2011, the amount to the State was set at $60. The current bill would move this amount back to $45. The second fix is after the State gets paid, the rest of the fine, at least from his court, would go to the County. In Circuit Court, half goes to the State and half to the County, with of course the State getting paid first. Since folks don’t always pay the entire fine, the County would get the short end. Sheriff Blanton said this bill should be a priority. This affects the Sheriff’s fines and fees long-term, and how Justice Court operates. They are already subject to cuts. It is just another way for the State to try to get funding and pass expenses on to the counties. The Oregon Sheriffs feel strongly about this. Commissioner Baney stated that the Board could support whoever is taking the lead on this. ___________________________ Mr. Inbody said there are also two bills regarding lottery bonds. Chris Doty stated that transportation can use lottery bonds. This potentially allows the County to qualify for grants and alternative mode programs. Mr. Kropp added that it increases bonding capacity. The Board was supportive. ___________________________ Mr. Lelack brought up HB 2229. He is concerned that one opponent testified, but no County has moved forward on this yet. A lot of information on this was submitted to the State last year, at their request. This needs support and clarification. The Big Look bill would allow changes to farmland that was initially mis-zoned or the situation has changed. All of this falls under Goal 3. 1,000 Friends said that no county has bothered to move forward, but the bill specifically identifies only three or so counties. ___________________________ Scot Langton said that there is a bill addressing the Facebook tax situation. He and the Department of Revenue are neutral on this one. ___________________________ Minutes of Board of Commissioners’ Work Session Tuesday, February 7, 2012 Page 5 of 7 Pages In regard to SB 1514, he said that homes that have to be rebuilt through no fault of the owner, such as after a fire or other disaster, are subject to higher valuation. There could be unintended consequences of someone buying a decrepit house and using it for fire department ‘burn and learn’. The other bills at this point don’t have much significance and can be priority 3. ___________________________ Commissioner Baney said that there are some bills regarding land use and endangered species, but many that do pass will likely be addressed next year in the full session and could be adjusted. Mr. Lelack noted that some may be appealed in the meantime anyway or are sure to come back again. ___________________________ Scott Johnson said that SB 1506 has to do with psychiatric treatment. This is supported by the Central Oregon Health Council and NAMI. The pharmaceutical companies don’t necessarily support it. It has a cost containment component. ___________________________ Mr. Lelack stated that SB 1584, having to do with guest ranches and heritage farms, was dropped. There was no opportunity for people to be heard. ___________________________ Mr. Johnson noted that HB 4036 links residential providers of developmentally disabled services to the transient lodging tax. It would place a 1% tax on groups like Abilitree. Although it is an expense up front, it can then be matches and used to leverage federal funds. These groups are in support, as it may allow for better medical assistance for their clients. There are no dollars coming to or through the County. The County does case management for the same clients, but it is essentially a State function. He supports this as a priority 2. He said he is concerned about the co-chairs budget and cuts to the DD budget. Those dollars do run through the County. There is no bill in play, but there has been a lot of cutting. This would mean less oversight capability for the County. This is part of the budget package. 2. Other Items. Mr. Kropp indicated that Dave Brewer, Chief Judge, Oregon Court of Appeals, will be at the County on Friday and the Commissioners will meet him for lunch. ___________________________ Minutes of Board of Commissioners’ Work Session Tuesday, February 7, 2012 Page 6 of 7 Pages Commissioner Baney stated that in regard to the Little Deschutes Lodge II funding issue, they were denied grant funds on some unclear aspects. They need to dust off the process and look at it again. They have asked the Co unty to support these efforts. They want to present a letter to the Governor’s Office to reconsider this. The need could not be greater, and the investment from the County has resulted in something tangible and outstanding. There is a strong partnership on the local level, but assistance is needed at the Governor’s level while the agency makes some much-needed changes. The crux of the letter would be the success of the previous investment, asking for reconsideration while support the agency as a whole, and emphasizing the need. About 40% of the residents of the current lodge were homeless before moving in. Tax credits will be lost if this is not addressed immediately. A big piece is that seniors are not an identified population in the guideline priorities. Commissioner DeBone added that access to health care is important. This is within walking distance of the clinic and pharmacy, allows for better management of medical care, and provides easier access for ambulance service. This reduces the cost of an emergency response and can save lives. UNGER: Move signature of letter to Governor to support Little Deschutes Lodge II project reconsideration. DEBONE: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair votes yes. ___________________________ Chair DeBone spoke about the latest DEQ steering committee meeting. Commissioner Unger noted that the wells tested don’t show the well depth. Chair DeBone explained that most in the area are less than 40 feet, or are connected to aquifers. Some have been asking for his opinion on the issue, but they need to know it is their decision. Commissioner Unger said that the DEQ is studying the whole Deschutes system and the TMDL (total maximum daily load) of everything, including turbidity, temperature, materials in the water and more. They compare the levels to standards. This is a big deal. If a TMDL of something is out of whack, federal law then steps in and can require things happen. And, at that point, no input is allowed. He asked what path the DEQ is taking and where are they going with their work. Chair DeBone said the group is starting to see the big picture and talk about scenarios as to whether to take action or make changes now, do nothing until later, and so on. Being no further discussion, the meeting ended at 2:05 p.m. DATEDthis tV}) Dayof 4~ 2012 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: ~~ Recording Secretary Minutes of Board of Commissioners' Work Session Tuesday, February 7,2012 Page 7 of 7 Pages 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 12:00 NOON, TUESDAY, FEBRUARY 7, 2012 1. Discuss and Prioritize Legislative Bills -BOCC 2. Other Items ! I t I ,I 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 j property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)( d). labor negotiations; or ORS 192.660(2) (b), personnel issues. ~ Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board ofCommissioners' meeting rooms at 1300 NW Wall St.. Bend. unless otherwise indicated. Ifyou have questions regarding a meeting, please call 388-6572. 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. From the Governor's Office: DB 4165 proposed amendments: Changes the age range from zero through 5 to zero through 6 throughout. Remove the "non-voting" limitation on new members to be appointed to the ELC in compliance with the Head Start Act. Page 3, line 3 replace "program" with "Act" Page 3, line 13, replace "2013" with "2014" Page 6, NEW SECTION following line 1 "Using a statewide public process of community engagement consistent with the requirements of the Head Start Act, the Early Learning Council shall develop qualification criteria for community based coordinators of early learning services in addition to those listed criteria listed in (3) and (4) below" Page 6, replace lines 12-17 with: "the entity will make advantageous use of the system of public health care and services available through county health departments and other publicly supported programs delivered through or in partnership with Counties, and to assure an orderly transition from the local system of Commissions on Children and Families, the application process adopted by the Early Learning Council shall require documented inclusion of and coordination with County governments in the response." Page 11, deletes section 21 Page 12, replaces "Global Budget" with "Comprehensive Children's Budget" (source for this tenn) http://nccp.org/publications/pdfltext 6ZZ.pdf. Page 12, line 37 add a new sentence. "This includes provisions for re-competition for Oregon Pre-K programs consistent with the rules, processes, and procedures for re-competition used by the National Office of Head Start and the US Department of Health and Human Services for Head Start Grantees" Page 19, line 26, new section/line. "The operative date for the abolishment of the Local Commissions on Children and Families shall be June 30, 2013. It is the intention of the State of Oregon that the programs currently funded by the local commission system continue through the June 30, 2013 biennium and remain unchanged. This will insure the continuity of programs and services to communities in the transition year of the local commission system." Regarding the TQRIS: Page 62, line 4, after 657.260, add "and subject to available funds" Page 62, line 5, after "shall", insert "under the direction and with the approval of the Early Learning Council". Other amendments are unrelated to Early Learning to: 1) confonn precisely to recommendations from the state commission regarding the JCPAC and the Youth Development Council (giving JCPAC a one year transition period as well, though still forming the YDC), 2) confonning amendment for alignment with a different bill related to CASA From the Governor's Office HB 4165 (and associated amendments> does the following: • Streamlines state level leadership: Eliminates the Oregon Commission on Children and Families and the Commission for Childcare, transferring and consolidating their responsibilities with the ELC. Replaces the Early Childhood Matters Advisory Council with the ELC, aligning with the requirements of the Head Start Act. • Gives the local commissions on children and families one year of transition, maintaining all of their services and programs. • Proposes to replaces the local commissions with a new, leaner, coordinated system of community-based coordination (commonly called "hubs" in the reports, but they aren't called hubs in the bill) via an RFP process. Amendments will move this RFP process out to 2013. Amendments directs the state to have a public process to define hub criteria over the next year. • Directs the ELC to have a joint planning process with the State Interagency Council on Early Intervention/Early Childhood Special Education and report back to the legislature. • Directs the ELC to bring back a financial model for a "Comprehensive Children's Budget". This amended language replaces the "Global Budget" in legislation. • Directs the Child Care Division to implement a Tiered Quality Rating and Improvement System. • Creates a Youth Development Council to approach youth programs in a cross-silo manner as we've attempted with the ELC. The YDC is directed to have a particular focus on gang violence prevention in its first year of operation. Key Early Learning Legislation Talking Points • Oregon has had a "system" on paper only. This bill brings long overdue focus and efficiency to decision-making at the state level. • The legislation embraces and connects directly to the federal Head Start Act. • Even as far back as 2007, the Head Start Act called for a more coordinated system. Oregon is just now catching on. • Oregon is behind other states in re-focusing our approach to Early Learning. • The results speak for themselves. The recent high school completion rate announcements track back to early learning and our lack of outcomes or accountability. • The achievement gap persists. Children of color are particularly poorly served in the current system. • A smooth, community led transition away from the local Commission system is critical. • A community based process for determining how to integrate and coordinate programs is a critical part of this legislation and should not be delayed. • Outcomes and accountability should be consistent; the look and shape of coordination toward outcomes should be customized in communities. • Oregon can't afford more delays or to avoid setting the course for change. • The bill sets an important target for limiting and reducing the amount spent on administration. • There are certainly many details to be figured out with communities allover Oregon over the next year. But the direction can't be optional. • In 2011 The Early Learning Council was created and took the next steps on recommending system change. Now we need to set the course for that change and keep setting firm deadlines for each component of the changes we need. • There are many communities across Oregon that have reacted positively to the Governor's focus and have already begun to chart a new course and prepare for the future. Don't slam the door on them by delaying the call for change; reward them for embracing change and provide certainty that they should keep working. • Oregon's foundations and charities continue to make investments across Oregon and are more focused than ever on early learning. They have not had a state partner that was up to the task. It's time that Oregon became a better partner. • A true focus on early learning is the best educational and economic development investment the state can make. • Children that arrive ready for kindergarten are more likely to succeed in school and life. • Barriers to success emerge even before the age of three. These are critical years for brain development. Catching up gets harder and harder every year after kindergarten. • Getting better results before kindergarten will make K-12 more effective and will reduce the needs for a variety of human services as the child grows to adulthood. • Oregon should focus on what kids need to succeed, not what programs need to stay feel comfortable. HB 4165 -Oregon Education Investment Board & Early Learning Council (ELC) February 7, 2012 -DRAFT Summary of Key Points 1. Removes sunset, establishes fund, and expands oversight of ELC 2. Establishes Youth Development Council (YDC) to oversee youth (6-20) services, Sept. 2012 3. Abolishes Juvenile Crime Prevention Advisory Commission and transfers functions to YDC 4. Prioritizes youth funding for prevention and intervention of ga ng violence 5. Abolishes State Commission on Children and Families and transfers functions to Early Learning Council and Youth Development Council June 30,2012 6. Abolishes local Commission June 30, 2012 7. Abolishes Commission for Child Care and transfers functions to ELC 8. Establishes goals and time lines for Early Learning and Youth Development Councils Recommended Amendments Support Amendment language prooosed byAOC and Duke Shepard. In particular: 1. Delay elimination of local Commissions, programs and services June 30, 2013 or later (until adequate infrastructure is in place for smooth transition) 2. Change age range from 0-5 to 0-6 (but should include prenatal) 3. Addition of language specifying the ELC partner with Oregon Counties and that community based coordinator (accountability hub) application process require documented inclusion of and coordination with County Governments 4. Delay elimination of JCPAC one year for transition period while forming the YDC (June 2013) 5. Support language delaying RFP process for "Accountability Hubs" and allowing the ELC to provide support for early implementers or hub pilot sites Other recommended amendments 1. If amendment continues local commissions through June 2013, do not repeal the statutory authority of local commissions until June 2013 in order to allow the legislature to be satisfied with plans developed by ELC and YDC. This will help to ensure a seamless transition for children and families in Oregon. 2. Rather than 0-6 age range, recommend prenatal through 6 years of age (may advocate for 8) 3. For accountability hub RFPs, require, encourage and/or give preference to: a. Collaborative partnerships that include education, health/county and early childhood b. Demonstrate public-private partnerships 4. Do not change name of "Accountability Hubs" to "Community Based Coordinators". Coordinators sound like a person and may make them difficult to differentiate from and easily confused with Family Resource Managers 5. Support creation of Youth Development Council but recommend requirements to: a. Do not prioritize funding for gang violence or involvement. Gang behavior, like other risk taking behaviors, is a symptom. The focus or priority needs to be on the causes of delinquency and criminogenic factors (as supported in research), not on symptoms b. Hire a YDC director (utilizing OCCF funds transferred to ELC) to ensure equitable power structure to ELC c. Create a fund for YDC parallel to ELC that includes Youth Investment, Juvenile Crime Prevention, and other youth development funds d. Transfer runaway and homeless youth funds from DHS to Youth Development Council fund (should follow these youth who are at risk of dropping out) 6. Keep Kids Safe license plate bill language is changed. See attached recommendations. Other 1. Preserve funding for children and families during transition year 2. Without the local Commission, is the early childhood waiver still relevant (it is maintained)? 3. Support repeal of Deschutes County Commission statutes in sections 86 & 87 (p. 65 of bill)? Keep Kids Safe License Plate proposed amendments to HB 4165) Amend section 83 subsection (6)(c) as follows: Net proceeds of the surcharge collected by the department for Keep Kids Safe registration plates shall be deposited into an account designated by the Children's Trust Fund of Oregon Foundation to fund strategies and approaches shown to prevent or reduce child abuse. Deposits made under this paragraph shall be made at least quarterly to the account. Monies in this account shall be distributed to Counties each biennium beginning 2014. Distribution shall be according to a formula giving each county a base grant of $1000 and the remaining monies in the account. if any. be distributed based on the percentage of license plates sold by each county. The distribution of monies will be made to each Board of County Commissioners who in turn will designate a county department to administer and award monies for the purposes noted above. At any time that the department determines that the account designated by the Children's Trust Fund of Oregon Foundation ceases to exist, the department shall allow the Association of Oregon Counties to name another non-profit fiscal agent to administer the revenue from the sale of Keep Kids Safe registration plates and failing that. the department may deposit the proceeds into the Passenger Rail Transportation Account established under DRS 802.100 to be used as other moneys in the account are used. Amend section 83 subsection (8) as follows: Notwithstanding subsection (3) of this section, the department shall design a Keep Kids Safe registration plate in consultation with the State Commission on Children and !=amilies in consultation with the Deschutes County Children and Families Commission and the Children's Trust Fund of Oregon Foundation. The Directors of the Children's Trust Fund of Oregon and the Deschutes County Children and Families Commission shall serve as an initial Steering Committee to provide oversight and accountability on project activities. Deschutes County Specific Statutes ORS 417.830 Authority of Deschutes County to establish demonstration project; plan. ORS 417.833 AppOintment of local commission; duties; staff director ORS 417.836 Intergovernmental agreement; federal waivers ORS 417.839 Limitations on county's authority ORS 417.842 Reports to Legislative Assembly; legislative committee to monitor resources, provide forum and advise county Priority 1 0 __ ' ••_,._n. --,...-----··r..·-·· -.....1"'.-........ -_._---...... _.. HB4165 No Position pending amendments Early learning Council Removes sunset of Early learning Council (ElC). Establishes HC Fund. Expands oversight ofELC. Establishes goals and timelines for ELC to complete specified projects. Changes name of Early Childhood System Director to Early LEarning System Director. Establishes Youth Development CouncillYDC) to oversee unified system that provides services to children and youth In manner that supports academic success and reduces criminal involvement. Establishes goals and timelines for YDC to complete specified projects. Abolishes Juvenile Crime Prevention Advisory Committee. Transfers functions of committee to YDC. Abolishes State Commission on Children and Families. Transfers functions of commission to ElC and YDC. Abolishes local commissions on children and families. Abolishes Commision on Child Care. Transfers functions to ElC. CFC; Juvenile CFC (supportive with changes): Hillary testifying -aligned with AOC recommended amendments; critical changes -delay elimination of local Commissions and JCPAC and extend funding at least one year, impact on county statutes, maintaining accountability hubs name, don't prioritize YDC funding for gang violence; maintain separation between runaway and homeless ­ needs are different; SB 1544 Support Transportation Planning Exempts land in site of statewide economic development siginlflcance from certain transportation planning requirements and access management standards. Declares specific sit ein City of Redmond to be Site of statewide economic development significance. COD; Road; P&F Road: No direct impact on Road Dept except what is associated with an economic development boost. COD: Rezones County land, but also is site-specific bill. Does BOCC want to take position on such a bill? No affect on COD, impacts P&F; property is inside Redmond City Limits; working to remove specific lot sizes to allow for more flexibility Priority 2 w __ •._._.••... . ...,. .--_........r--._.. -----~.-................ ---... _.. HB4025 Support Criminal Fine Account Reduces amount payable by municipal or justice court for deposit in Criminal Fine Account from $60 to $45. Exempts certain offenses from required payment. Modifies priority of distribution for partial payments of fines. Provides that amounts owing to city or county hav same priority as amounts owing the state. Justice Court; Disttrict Attorney Justice Court: This reduces State priority payment from $60 to $45. Where the State is also entitled to a percentage of the fine, whatever is received above $45 is split between State and County. This is very important to County's revenue stream to support law enforcement and Justice Court. Sheriff: OSSA supports this bill. Increases amount of lottery bonds issued to finance grants and loans for transportation projects by $10 million. Authorizes $10 million in lottery HB4028 Support lottery Bonds bonds to be issued for water and sewer infrastructure projects. Authorizes $10 million in lottery bonds to be issued for community CDD; Road; Finance Road: More opportunities for grant funded projects college capital construction. Authorizes $20 million in lottery bonds to be issued for Oregon Growth Account. HB4095 Support Regional Land Use Allows Jackson, Josephine and Douglas Counties to enter into intergovernmental agreement. Allows counties that are parties to agreement to petition Land Conservation and Development Commission (LCDC) to establish regional definitions for 'agricultural land' or 'forestmand,' or both, for purpose of regional planning under statewide land use planning system. Appropriates moneys to Department of land Conservation and Development (DLCD) to make grants to counties that agree to petition commission for regional definitions. Appropriates moneys to DlCD to meet costs of department, State Department of Agriculture, State Forestry Department and Water Resources Department to review petition and establish regional definitions. COD; legal CDD:HB 3615 (2011) i HB4142 Oppose Contracting Requires contracting agency to apply certain prreferences in awarding contracts related to certain goods manufactured from recycled materials. P&F; Legal; Road SB 1506 No Position Central Oregon Psychiatric Prescribing Program Creates Central Oregon Psychiatric Prescribing Program as pilot program to allow reimbursement of mental health drug costs using capitation payment methodology. Establishes requirements for program. Requires appointment of Mental Health Clinical Advisory Group to establish voluntary evidence-based treatment algorithms for major mental health disorders. Ends pilot program on June 30, 2014. Health SB 1514 No Position Tax Assessment Authorizes property tax special assessment for primary residence rebuilt within two years after destruction by fire or act of God. Applies to property tax years beginning on or after July 1, 2009. Assessor; Finance I SB 1533 Support Contracting Requires contracting agency to include amount in contract for construction, reconstruction or major renovation of public building equivalent to 1.5% of total contract price for inclUSion of appropriate green energy technology. Legal; P&F; Road; Solid Waste SB 1580 Support Coordinated Care Organziations Provides legislative approval of Oregon Health Authority proposals for coordinated care organizations. Requires authority to report quarterly to legislative committees on implementation of coordinated care organization model of health care delivery. Authorizes sharing and use of information between Department of Consumer and Business Services and authority for specified purposes. Prohibits discrimination against types of providers by coordinated care organizations and specified managed care organizations. Health Priority 3 """ ~ ._._.-.. "­• ­."" ---........._.. __1"_ .···n. __.__ --r..........'" . . Requires criminal records check for volunteers and employees who staff HB 4001 No POSition Criminal State emergency Operations Center or emergency operating facility of Records Check . L--__-'L--______L-____---l.clty or county 9-1-1 CSD HB4006 BOCC Decision Endangered Species Requires State Fish and Wildlife Commission (SFWC) and State Department of Fish and Wildlife (SDFW) to advise, consult and cooperate with other state agencies, political subdivisions, other states, federal government and private landowners regarding fish and wildlife management; specifies that before commission rnakes determination that species is threatened or endangered, commission shall also consult with affected cities and counties; requires commission to work with affected cities and counties to mitigate adverse impact on local economies when commission adds species to list of threatened species or endangered species CDD CDD: CDD will be involved in issue whether bill is adopted or not with County updating GoalS resources inventory and preservation programs; bill requires additional staff analysis each time SFWC makes determination that specieis in threatened or endangered HB4034 No Position Contracti ng Changes applicable rate of interest for contractor's failure to make timely payment in accordance with public improvement contract to 9% per annum. Requires public improvement contract to obligate contractor to provide first·tier subcontractor with standard form for claining payment and to use same form and regular administrative procedures to process payments during entire term of public improvement contract. Permits contractor to change form or administrative procedure if contractor notifies subcontractor of new or changed form or procedure and includes in notice new or changed form or description of new or changed procedure. P&F; Road; legal HB4039 No Position Financial Institution Notification Requires financial institution to notify potential borrower of prohibition against pledging tax·deferred homestead as security for reverse mortgage. Make failure to comply unlawful trade practice. Allows taxpayer to elect to credit payments to deferred taxes payable as result of determination of ineligibility. Specifies classification of homesteads for purposes of determining county median RMV. Requires Department of Revenue to certify eligibility for deferral not less than once every three years. Requires department oto report to interim committee regarding claim form for homestead property tax deferral program for property tax year beginning on July 1, 2012. Assessor Assessor: Directly relates to Assessments & Taxation HB4041 No Position Tax Exemption for Indian Tribe Exempts from taxation property owned exclUSively by eligible Indian tribe or by entity wholly owned by eligible Indian tribe if property is used exclusively for certain government services. Assessor Assessor: Directly relates to Assessments & Taxation HB 4042 No Position Forest Patrol Assessment Reduces limit on forest patrol assessment rates for lands located east of summit of cascade Mountains and certain other areas. Applies to assessments levied and assessed on or after July 1, 2013. Changes permissible use of moneys in Oregon Forest land Protection Fund. Alters and creates statutory limits on expenditures from fund. Deletes certain mandatory items from State Forester budget request. Assessor; NRP Assessor: Will not have much impact on A&T administration HB4049 BOCC Decision land Use Appeal Requires that a person seeking to appeal land use decision or limited land use decision to land Use Board of Appeals must own, or have ownership interest in, real property within miles of real property that is object of decision. COD COD: It reduces or limits appeals of land use deciSions. Some will claim a violation of Goal 1 of Oregon Statewide Planning Program. HB 4066 No Position Tax Assessment For purposes of central assessment, excludes from definition of "communication" data transmission services provided through contractual arrangement with person that transmits data through tangible property owned or controlled bv that person, Assessor Assessor: Directly relates to Assessments & Taxation HB4067 No Position Enterprise Zone/Tax Assessments Excludes company owning or leaSing data center in enterprise lone from central assessment during period of enterprise zone exemption, Extends exclusion from central assessment after expiration of exemption if company continues to comply with certain provisions of enterprise lone agreement, Assessor Assessor: Directly relates to Assessments & Taxation HB 4078 Support Solar Facility in EFU Authorizes local government to conditionally approve siting of photovoltaic solar energy facility when site certificate is not required and facility is on farmland that is not high-value farmland but is within area zoned for exclUSive farm use. COD COD: Minimal affect on COD; allows siting of solar facilities on EFU, which may be proposed in Deschutes County. Jefferson County has been the lead on this effort. HB4089 No Position City Annexation Allows owner of territory not contiguous to city to annex to citv if land is within 500 feet of existing city boundary and city was under jurisdiction of boundary commission on January 1, 2()()7. Sunsets July 1,2014. Assessor; COD Assessor: Will not have much impact on A& T administration HB4090 No Position Water & Sewer inUGB Authorizes owner of real property that is located within urban growth boundary and, due to certain impediments, not provided with sanitary sewer or water services to cause public or private provider of sanitary sewer and water service to connect service facilities and serve property if owner pays all costs to connect and deliver service. COD COD: Initially it appeared to force sewer/water providre to provider service, but only pertains to property owners with multiple service providers in same area, such as Portland/Metro. It may apply where City of Bend and private water supplier (such as Avion) have adjacent srevice districts, but WOUldn't affect COD, HB4091 No Position Criminal Records Check Oirects Oregon Department of Administrative Services to convene work group to make recommendations regarding criminal records checks on individuals performing activities that require licensing by state. Directs department to report to interim committee of Legislative ASsembly on work group's recommendations on or before Nov, 30, 2012. District Attorney; Sheriff HB4093 No POSition Enterprise Zones Increases number of enterprise lones that may be designated and maximum area of enterprise zone. Increases number of enterprise zones that may be designated for electronic commerce, Increases additional tax years during which qualified property in enterprise zone may be exempt from taxation. Assessor; Finance; COO Assessor: Directly relates to Assessments & Taxation HB4098 No Position Timber Harvest Requires t~at annual timber harvest on state forestlands in each subject forest district equal specified percentage of annual amount of harvestable timber expected to be grown on state forestlands in district, Establishes alternative harvet amount. Applies to timber harvest and expected harvestable timber growth in calendar years beginning on or after Jan. 1, 2013 NRP HB4106 No Position General Fund Spending Prohibits state agencies, during current biennium, from spending General Fund moneys or moneys that are continuously appropriated to agency for purposes that are not essential to perform agency mission or functions or to implement legislative funding priorities HB4107 No Position New Business Income Tax Requires Department of Revenue to distribute 50% of business income taxes attributable to new business or expanded business to local jurisdiction that recruited new business or expanded business. Requires Oregon Business Development Commission to create registry to certify local jurisdiction as recruiting jurisdiction. Finance HB4132 No Position State Tax Expenduiture Reduces state tax expenditures in tax year by same percentage that Oregon Department of Administrative Services and Governor reduce allotments to state agencies for same taxyear HB4153 No Position Coordinated Care Organziations Establishes criteria for coordinated care organizations. Requires that community advisory coucnll be convened for each organization and specifies duties of council. Prescribes actuarially sound global budgeting process. Creates metrics and scoring committee to establish outcome measures. Establishes Oregon Defensive Medicine Task Force to make recommendation for legislative concept to address practice of defenSive medicine. Makes coordinated care organizations public bodies for purposes of Oregon Tort Claims Act. HB4155 No Position PERS Requires that Public Employees Retirement Board prepare and regularly update information relating to unfunded liabilities of state, cities, counties, school districts and local service districts and make information easily accessible on website for Public Employees Retirement System. Finance; Personnel HB4168 No Position Court Fees Revises laws relating to fees in state courts DA; Justice Court HB4169 No Position Diversion and Court Programs Establishes fees for diversions and court programs related to alcohol evaluation and treatment DA; Sheriff SB 1509 No Position Coordinated Care Organziations Provides legislative approval of Oregon Health Authority proposals for coordinated care organizations and Oregon Health Insurance Exchange Corporation business plan for health insurance exchange by repealing provisions of law enacted to require legislative approval. Makes technical corrections. Establishes criteria for licensing of massage therapy facilities. Specifies operative date of Jan. 2, 2013. Health; Health Benefits SB 1529 No Position property Taxes Requries Department of Revenue to establish separate class for real property machinery and equipment. Eliminates requirement that certain separately owned fixtures be assessed separately. Authorizes tax collector to collect delinquent property taxes on machinery and equipment in manner applicable to personal or real property. Finance; Assessor Assessor: Will not have much impact on A&T administration SB 1532 No POSition Enterprise Zones Clarifies that property subject to central assessment may be granted enterprise zone exemption. Applies to property tax years beginning on or after Jul}' 1, 2011 -­ Assessor Assessor: Will not have much impact on A&T administration ---­---­---­----­---­ SB 1543 BOCC Decision Transportation Planning Authorizes local government to approve quasi-judicial zone changes consistent with comprehensive plan map designation for real property without determining whether zone change has significant effect on existing or planned transportation facility. Requires Oregon Transportation Commission to make annual report to legislative committees about funding available for certain transportation projects. COD COD: Minimal affect on COD; most properties in Deschutes County are consistent in terms of Comp Plan designations and zoning designations; bill only impacts quasi-judicial zone change applications. 5B 1553 No Position Agency Rules Prohibits agencies from adopting rules during regular session of Legislative Assembly. Prohibits agencies from adopting rules that become effective before adjournment sine die of next regular legislative session. 5B 1556 No Position Contracting Permits contracting agency to give preference to bidder or proposer that exceeds federal Buy America requirements that apply to federally funded transit projects. Road; P&F SB 1559 Support 9-1-1 Requirement Establishes requirement for 9-1-1 telephone calls placed from multiline telephone system. 9-1-1 CSD 911: Support is recommended, but it should be noted that it may potenltally create added expense for multi-line telephone systems such as governments, healthcare facilities and the hospitality Industry. 5B 1560 Support 9-1-1 Funding Requires moneys in Emergency Communications Account, including 9-1-1 subaccount to be used for purpose of 9-1-1 emergency communications unless statutory exception is made during state of fiscal emergency. Defines fiscal emergency. 9-1-1 CSD 9-1-1: The fiscal emergency exception makes the bill moot, but it is a step Inthe right direction. SB 1571 No Position Agency Rules Prohibits agencies from adopting any rule that becomes effective on or after effective date of Act and before July 1, 2013. Creates Joint legislative Committee on Rule Review. Directs committee to review all rules adopted by agencies. Requires report on rules reviewed. Allows committee to introduce legislation addressing subject matter of rules reviewed by committee. Requires committee to review all rules in effect on effective date of Act before February 1, 2013 and prepare report reflecting committee's fdeterminations. SB 1589 No Position Contracting Permits contracting agency to establish price agreement for archltectu ral, engineering, photogrammetric mapping, transportation planning or land surveying services or related services. Provides mandate and guidelines for establishing price agreements. Effective Jan. 1, 2013. Legal; P&F SB5701 No Position State Appropriations Increase and decreases certain biennial appropriations made from General Fund to specified state agencies. Limits biennial expenditures from fees, moneys, or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by specified state agencies. limits biennial expenditures of specified state agencies from federal funds. Limits biennial expenditures of Judicial Department for specialty courts. Increases and decreases limitations on expenditures for certain biennial expenses for speCified state agencies. District Attorney; Justice Court; Finance SJM 201 No Position Railroad Grant Lands Urges President and Congress of United States of America to allow Oregon counties to manage revested Oregon and California Railroad grant 1,lOds located In counties. COD; Road ---­