HomeMy WebLinkAboutState Legislative PrioritiesTO: BOARD OF COUNTY COMMISSIONERS
FROM: DAVE INBODY
SUBJECT: 2011 STATE LEGISLATIVE PRIORITIES (PRE-SESSION)
DATE: 1/28/2011
CC: DAVE KANNER, ERIK KROPP
Background
In preparation for the 2011 State Legislative session, Public Affairs Counsel, Deschutes
County’s state lobbyists in Salem, provided a list of 150 pieces of legislation that they
thought might be of interest to the County. These bills were reviewed by Administration,
as well as departments that might be impacted by the legislation. This review identified
legislation recommended as the top priorities for the County. This was based on the
degree of impact, positive or negative, these pieces of legislation could have on
Deschutes County.
Priority Legislation
Reviewers were asked to make a recommendation whether the County should support or
oppose each piece of legislation and how high a priority it should be based on the
following guidelines:
• Priority 1 – Very important, the County should take the lead in making sure it
passes/fails
• Priority 2 – Important, the County doesn’t have to lead, but should provide
necessary support to make sure it passes/fails
• Priority 3 – Possibly important, monitor it, but no active engagement
• Priority 4 – Little or no relevance or impact on the County
In some cases, it was determined that support or opposition to a piece of legislation was
ultimately a policy decision to be determined by the Board of Commissioners.
Information regarding these pieces of legislation is provided below. It is requested that
the Board of Commissioners review this legislation and determine whether the County
should take a position on each and how high a priority each one should be.
House Bill 2151 - Liquor Licenses
Requested by the Governor on behalf of the Oregon Liquor Control Commission
This legislation allows cities and counties to adopt limits on the number of premises that
the Oregon Liquor Control Commission may license for full or limited on-premises sales
or off-premises sales of alcoholic beverages or as a brewery-public house.
This legislation was reviewed by the Community Development Department.
House Bill 2385 – Tobacco Tax
Requested by the House Interim Committee on Health Care
This legislation removes a prohibition against imposition of taxes by a county on
cigarettes and tobacco products. It requires at least 20% of any tax imposed to be used for
public health programs or services.
This legislation was reviewed by the Health Services Department and recommended
support. It was identified as a useful source of public health funding. The Oregon
Coalition of Local Health Officials supports this bill and has identified it as a high
priority.
House Bill 2518 – Real Estate Transfer Fees
Requested by the House Interim Committee on Revenue
This legislation permits local governments to impose real estate transfer taxes or fees,
provided they are structured progressively, based on consideration paid for the property.
Transfers for a buyer that is a first time homebuyer are exempt. The marginal rate of tax
or fee decreases as the length of ownership by the seller increases.
This legislation was reviewed by the County Assessor’s Office. It was noted that the
legislation does not directly impact assessments and taxation, but this could change
depending upon how it is administered. Realtors are currently working to get a
constitutional ballot measure that would not allow real estate transfer taxes.
House Bill 2609 – Buildable Land
Sponsored by Rep. Schaufler
Requested by the Oregon Home Builders Association
This legislation requires metropolitan service districts to provide a rolling, 5-year supply
of shovel-ready buildable lands for needed housing and for industrial and commercial
uses.
This legislation was reviewed by the Community Development Department. It is
identified as a potential benefit to economic development.
House Bill 2710 – Court Fees
Requested by the House Interim Committee on Judiciary for Joint Interim Committee on
State Justice System Revenue
This legislation revises laws related to court fees. This legislation would require a 3/5
majority for approval.
This legislation was reviewed by the Justice Court and recommended opposition. It was
indicated that this legislation would have an adverse impact on the Justice Court.
2
House Bill 2881 – Nuisance Ordinance, Property Tax Statement
Sponsored by Rep. J. Smith
This legislation authorizes local government that imposes fines or penalties for violation
of nuisance ordinances to certify delinquent nuisance fines or penalties to county assessor
to be collected in the same manner as ad valorem property taxes.
This legislation was reviewed by the County Assessor’s Office, the Legal Department,
and the Community Development Department. Although the County has few nuisance
cases, it was seen as potentially a good precedent for enforcement. However, including
something unrelated to property tax on property tax bills was a concern. It is expected to
cause an increased expense to the County, result in administrative problems and cause
confusion to property owners. AOC has opposed similar legislation in the past.
House Bill 2997 – Regional Land Use Planning
Sponsored by Reps. Garrard & Richardson
This legislation establishes five regional land use planning commissions. The chairs of
each regional commission would make up the Land Conservation and Development
Commission.
This legislation was reviewed by the Community Development Department.
Senate Bill 186 – Land Use Appeals
Sponsored by Sen. Kruse
This legislation limits who can submit land use appeals to the Land Use Board of
Appeals to someone who owns, or has ownership interest in real estate property within
(x) miles of the real property affected by the decision.
This legislation was reviewed by the Community Development Department.
House Bill 2658 – Land Use Review
Sponsored by Rep. Garrard
This legislation establishes different filing fees for participation in quasi-judicial review
of local government decisions affecting land use for persons who are adversely affected
by the decision.
This legislation was reviewed by the Community Development Department and the Legal
Department. It was noted the legislation may reduce the amount of fees able to be
collected. Additionally, there were concerns raised about the County’s ability to cover the
cost of appeals.
3
Senate Bill 307 – Transient Lodging Tax
Requested by the Senate Interim Committee on Finance and Revenue
This legislation expands the allowable purposes for new or increased local transient
lodging tax to include funding of tourism-related services.
This legislation was reviewed by the Road Department and the Fair & Expo Center. Road
supported the legislation because the definition would include road maintenance and
snow plowing. Fair & Expo opposed it because their funding might be at risk with an
expansion of the definition.
Senate Bill 541 – Transient Lodging Tax
Sponsored by Sen. Johnson
Requested by the League of Oregon Cities
This legislation expands the definition of tourism promotion to include maintaining
public health, safety and welfare of residents and tourists in connection with tourism and
tourism-related facilities, including improvements on or adjacent to unimproved scenic
and historic areas and open spaces intended for tourists.
This legislation was reviewed by the fair and Expo Center and recommended opposition.
An expansion of the definition potentially puts their funding at risk.
Senate Bill 542 – Transient Lodging Tax
Sponsored by Sen. Johnson
Requested by Tillamook County
This legislation expands the definition of tourism promotion to include roads that serve
tourist destinations.
This legislation was reviewed by the Road Department and the Fair & Expo Center. Road
supported the legislation because the definition would include road maintenance and
snow plowing. Fair & Expo opposed it because their funding might be at risk with an
expansion of the definition.
Senate Bill 316 – Tax Credits, Enterprise Zones
Requested by the Senate Interim Committee on Finance and Revenue
This legislation adjusts the sunset for long term tax credits for rural enterprise zones.
This legislation was reviewed by the Community Development Department.
Senate Bill 473 – Energy Facilities
Sponsored by Sen. George
This legislation allows energy facilities and hydroelectric facilities as outright permitted
4
uses in exclusive farm use zones, mixed farm and forest zones and forest zones.
This legislation was reviewed by the Community Development Department.
Senate Bill 476 – Planning Goal Exceptions
Sponsored by Sen. George
This legislation authorizes local governments to adopt an exception to statewide land use
goal without demonstrating that statutory standards for the exception had been met for an
employer of 10 or more employees. It requires the jobs to be family wage jobs.
This legislation was reviewed by the Community Development Department.
Senate Bill 549 – Land Use Planning Goals
Sponsored by Sen. George
This legislation limits the applicability of statewide land use planning goals to areas of
critical state concern as designated by the Legislative Assembly.
This legislation was reviewed by the Community Development Department.
Senate Bill 477 – Farm Use Assessment
Sponsored by Sen. George
This legislation provides that all land within exclusive farm use zone qualifies for farm
use special assessment.
This legislation was reviewed by the Community Development Department.
Senate Bill 548 – Exclusive Farm Use
Sponsored by Sen. George
This legislation prohibits the use of income tests to determine whether primary or
accessory dwellings customarily provided with farm use is an outright permitted use in
EFU.
This legislation was reviewed by the Community Development Department.
Senate Bill 547 – Secondary Lands
Sponsored by Sen. George
This legislation establishes policy, criteria, procedures and other factors for identifying
secondary land.
This legislation was reviewed by the Community Development Department.
5