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HomeMy WebLinkAboutLegislative Priorities - Draft2015 Legislative Session Priority #1 and #2 Bills as of 03/18/2015 Bill Number Summary Department(s) Priority* Position** Comments HB 2833 Adds woody biomass to types of green energy technology for which contracting agency must set aside 1.5 percent of contract price to include in public building. Forester Administrative Services 1 Support Adds woody biomass as eligible use for 1.5% of public building set-aside. Commissioner DeBone is highly supportive (AS). State law required 1.5% of any new construction be dedicated to renewable energy. This bill adds biomass to the list of renewable energy options that could be used. This is a bill Deschutes County supported last session (F). HB 3208 Modifies definition of “land use decision” to exclude decisions pertaining to construction, operation, maintenance or improvement of water delivery infrastructure that are made by districts for irrigation, drainage, water improvement or water control. Community Development 1 Oppose Eliminates all local land use authority over water/irrigation district-related issues. Goes further than the concept previously discussed by Nick Lelack and Commissioner Baney. HB 3379 Limits amount of appeal fee that city or county may charge for quasi-judicial review of city or county decisions on land use application. Community Development 1 Oppose Companion bill to SB 359. (CD) SB 0133A Allows Department of Consumer and Business Services to make system for electronic access to building code information available for other purposes. Community Development 1 Support (CD) SB 0359 Limits amount of appeal fee that city or county may charge for quasi-judicial review of city or county decisions on land use application. Requires city or county to refund appeals fee and transcript fee when appellate authority of city or county declines to review decision. Prohibits city or county from charging fee for appeal of final decision of city or county to Land Use Board of Appeals. Community Development Finance 1 Oppose Limits amount of appeal fee (10% of application or $1,000, whichever is less) that city or county may charge for quasi-judicial review of city or county decisions on land use application. Prohibits city or county from charging fee for appeal of final decision of city or county to Land Use Board of Appeals (CD). SB 0516 Requires Housing and Community Services Department to dedicate and use portion of moneys deposited in certain housing accounts from County Assessment and Taxation Fund for benefit of county from which fees deposited into fund were charged and collected. Assessor’s Office Administrative Services 1 or 2 Support Sen Knopp’s bill that requires recording fees collected for affordable housing go back to the county in which they were collected (AS). HB 2015 Directs Department of Human Services, in consultation with Early Learning Division and Health Services 2 Support Expands Employment Related Day Care (ERDC). Directs DHS, in consultation with Early Learning Office of Child Care, to adopt rules for subsidy programs for employment-related child care that, at minimum, provide for one year of eligibility regardless of change in employment, permit students enrolled in coursework and self-employed persons to receive subsidized employment-related child care, and provide for reduced copayments and incentive payments when child care provider meets specified minimum standards under tiered quality rating and improvement system. Permits Office of Child Care to perform inspections of premises of family child care providers when required under federal law. Division and Office of Child Care, to adopt rules for subsidy programs for employment-related child care. HB 2132 Allows county that collects forest protection district assessment or surcharge to retain percentage of collected moneys for purpose of paying county administrative costs. Assessor’s Office 2 Support This is an Assessors Association bill that allows assessor/county to recoup cost from additional administrative cost for ODF forest patrol assessments and related work (AO). HB 2161 Authorizes county to charge fee not to exceed actual cost to county of recording certain instruments. Declares emergency, effective on passage. Clerk’s Office 2 Oppose When recording fees change, it takes months for national corporations to adjust fees for documents already in the “recording pipeline”. Documents are rejected and returned due to incorrect recording payments. A system that potentially changes fees annually is not cost effective and negatively impact customers when transactions and funding stalls. HB 2235 Limits review by Land Use Board of Appeals of land use decisions and limited land use decisions changing comprehensive plans and land use regulations to issues raised during local planning process. Requires Department of Land Conservation and Development to study requirements for citizen involvement in local land use planning to identify changes that can reduce potential for appeals by ensuring more effective involvement in local land use planning. Declares emergency, effective on passage. Community Development 2 Support Changing goal post rule to apply to legislative amendments. HB 2287 Authorizes issuance of lottery bonds for transportation projects funded from Multimodal Transportation Fund. Specifies allocation of lottery bond proceeds. Declares emergency, effective on July 1, 2015. Finance Community Development Road 2 Support Authorizes issuance of lottery bonds for transportation projects funded from Multimodal Transportation Fund (CD). Connect Oregon. One of the few transportation programs which does not use state highway fund (gas tax) (R). Community Development defers to Road (CD). HB 2337 Modifies number of circuit court judges in certain judicial districts. Declares emergency, effective on passage. Legal Counsel District Attorney’s Office 2 Neutral Oppose unless bill amended to add a judge for Deschutes County (DA). Neutral until further information is available (BOCC). HB 2339 Requires court to appoint interpreter and provide appropriate assistive communication device when necessary for crime victim who seeks to exercise certain constitutional rights in open court. Prohibits court from charging fee for appointment of interpreter for crime victim. Declares emergency, effective on passage. District Attorney’s Office Justice Court 2 Support Support, but urge legislature to increase funding to the courts to cover the additional costs to implement the bill (DA). HB 2348 Provides honorably retired law enforcement officers with protections provided to Oregon concealed handgun license holders. BOCC 2 Monitor HB 2355 Increases certain fees charged by justice courts. Justice Court 2 Increases small claims fees that may be charged by Justice Courts. Current fee level only covers 1/6 of cost of Deschutes JC small claims. Increased fees would still be less than allowed for circuit court. HB 2424 Authorizes employees of Department of Corrections, State Board of Parole and Post- Prison Supervision and Oregon Corrections Enterprises who work in department building to store personal handgun and ammunition in vehicle. BOCC 2 Monitor HB 2529 Exempts certain transferors of firearms from requesting criminal history record check if purchaser or recipient has concealed handgun license. BOCC 2 Monitor HB 2482 Requires Department of Revenue to appraise industrial property if improvements have real market value of more than $1 million, unless appraisal delegated to county upon request of county assessor. Provides that delegation of appraisal continues for minimum of five consecutive assessment years and thereafter until county assessor requests department to resume appraisal responsibility. Provides that appeal of correction pertaining to state- appraised industrial property must be brought in tax court. Takes effect on 91st day following adjournment sine die. Assessor’s Office 2 Support Assessor/DOR bill to allow for counties flexibility to appraise lg industrial properties if they choose. HB 2483A Clarifies that right of any other party to seek determination of total real market value of unit of property or real market value of components of tax account or unit of property applies in appeals of accounts constituting unit of property. Assessor’s Office 2 Support (AO) HB 2484 Extends due date to March 15 for filing of certain property tax returns. Eliminates Assessor’s Office 2 Support DOR bill – should help by making consistent filing deadlines for personal property and M&E. extensions. Applies to returns required to be filed for property tax years beginning on or after July 1, 2016. Takes effect on 91st day following adjournment sine die. HB 2487 Requires correction of maximum assessed value due to correction of square footage of property to be proportional to change in real market value of property that is due to correction of square footage. Takes effect on 91st day following adjournment sine die. Assessor’s Office 2 Support DOR bill to allow for adjustments in sq footage changes in MAV based on value instead of size HB 2540 Modifies definition of “public works.” Classifies exemption from ad valorem property taxation as funds of public agency for purpose of requiring payment of prevailing rate of wage. Requires public agency that procured contract for public works or sponsor of enterprise zone in which public works is located, as appropriate, to receive certified statements. Declares emergency, effective on passage. Property & Facilities Road 2 Oppose Negates some of the value of an enterprise zone by driving up cost of construction projects (R). HB 2544 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 2 Oppose Possible fiscal and operational impact (P). Would result in strike-prohibited, binding arbitration. HB 2546 Defines inhalant delivery system. Amends laws concerning sale of tobacco products to, and use of tobacco products by, minors so those laws equally apply to inhalant delivery systems. Health Services 2 Support E-Cigarettes Regulation. Defines “inhalant delivery system;” is a CLHO Priority #1. Amends laws concerning sale of tobacco products to, and use of tobacco products by, minors so those laws equally apply to inhalant delivery systems. Passed on the House Floor on 03/02/15 (56-2). Goes to Senate. HB 2829 Modifies provisions authorizing private parks in exclusive farm use zones. Community Development 2 Neutral Addresses whether weddings/receptions are passive or active outdoor recreation. HB 2836 Provides hours of service credit for vesting purposes and retirement credit to member of Oregon Public Service Retirement Plan who receives workers’ compensation disability payments and later returns to employment with participating public employer. Personnel 2 Neutral (P) HB 2908 Brings Oregon law into compliance with federal Preventing Sex Trafficking and Strengthening Families Act of 2014. Sheriff’s Office District Attorney’s Office 2 Support HB 2915 Establishes credit against personal income taxes for purchase of qualifying gun safes. BOCC 2 Monitor HB 3051 Provides persons licensed to carry concealed handgun in another state with protections provided to persons with Oregon concealed handgun license. BOCC 2 Monitor HB 3093 Provides persons licensed to carry concealed handgun in another state with protections provided to persons with Oregon concealed handgun license if other state has no less stringent handgun competency requirement than Oregon. BOCC 2 Monitor HB 3097 Makes inquiring after applicant's conviction history and certain activities related to conducting criminal records check on prospective employee unlawful employment practice. Personnel 2 Oppose Limits the County’s ability to perform due diligence in background check for applicants. (EK) HB 3100 Changes governmental framework for conducting public health activities in this state and for providing public health services to residents of this state. Health Services 2 Support Changes governmental framework for conducting public health activities and for providing public health services to Oregon residents. CLHO is working to incorporate Task Force on the Future of Public Health Services and Legislative Concept 1231 recommendations into this bill. Mirrors SB 663. HB 3120 Directs Department of Transportation to create program by which certain persons may apply for reduction or waiver of moneys owed to department. Road CDD defers to Road Dept. (CD). SB 0015 Removes six-month county residence requirement for legal resident applicant for concealed handgun license. BOCC 2 Monitor SB 0027 Resolves certain contradictory provisions applicable to duties of county clerk. Eliminates biannual duty of county to examine financial books and papers of county clerk, clerk of county court, treasurer and sheriff. Requires purchaser to record sheriff’s certificate of execution sale in County Clerk Lien Record. Clerk’s Office 2 Support OACC’s recording housekeeping. SB 0028 Clarifies that county clerk may use elector’s registration record, rather than physical registration card, to authenticate signatures. Permits elections official to deliver form updating information on members of district boards by method other than certified mail. Clerk’s Office 2 Support OACC bill. SB 0029 Establishes procedures for electing precinct committeepersons. Requires one Clerk’s Office 2 Support OACC bill. committeeperson for every 250 electors, rather than for every 500 electors, who are registered in precinct. Provides that write-in candidate may be eligible for election to precinct committeeperson position if no other candidate for position exists. Requires write -in candidate to signify acceptance of successful write-in candidacy before primary election, rather than after election. SB 0056 Directs Secretary of State to maintain Statewide Lien Register. Allows state agencies that have authority to issue warrants to transmit notice of lien to Secretary of State for filing in register. Specifies effect of filing notice of lien. Allows state agencies to amend notice of lien. Allows state agencies to release, subordinate, or extend lien. Requires state agencies to release lien when debt on which warrant is based is satisfied. Allows Secretary of State to specify format for notice or certificate of extension and manner in which state agencies transmit notice or certificate for filing in register. Clerk’s Office Finance 2 Oppose Lien Registry – could lead to all liens and their fees going to the state. Will have significant impacts on a number of recording related funding, including A&T CAFFA. Based on last year, would reduce CAFFA monies in excess of $20,000 in Deschutes County. SB 0067 Changes certain ballot markings from “Presidential only” to “Federal only.” Clerk’s Office 2 Support SB 0173 Authorizes person licensed to carry concealed handgun to present valid license instead of providing firearm to peace officer for examination when possessing firearm in public building. BOCC 2 Monitor SB 0210 Allows applicant to obtain expedited review of certain applications by filing request and paying fee. Establishes deadlines for performing expedited review of application. Allows entity performing expedited review of application to contract with state agency, city or county if assistance or recommendation of agency, city or county is necessary to review application. Limits compensation under contract. Community Development 2 Oppose Allows applicant to obtain expedited review of certain applications by filing request and paying fee. For counties, it pertains to review of an application for a comprehensive plan amendment. An entity shall complete expedited review of the application no later than 120 days after receiving the application. The bill does not specify the fee. Allows local governments to contract out the services. SB 0213 Requires Early Learning Council to develop metrics for funding Early Learning Hubs. Permits council to require matching funds from Early Learning Hub that receives funding. Directs council to oversee and administer delivery of early learning services Health Services 2 Support Makes EL Hubs permanent (removes demonstration project language). Permits council to require matching funds from Early Learning Hubs. Directs council to oversee and administer delivery of early learning services and to regionalize service administration for communities not served by Early Learning Hub. and to regionalize service administration for communities not served by Early Learning Hub. Declares emergency, effective on passage. SB 0214 Makes calculation of aggregate days membership for kindergarten students contingent on early reading program. Establishes Kindergarten Through Grade Three Reading Initiative Program to assist community-based organizations and tribes of this state with entering into partnerships with school districts to implement early reading programs in summer or before or after school. Establishes Kindergarten Through Grade Three Reading Initiative Account. Declares emergency, effective July 1, 2015. Health Services 2 Support Early Literacy Initiative. SB 0245 Modifies purposes for assessing, and authorized uses of, solid waste facility permit fees. Solid Waste Finance 2 Neutral Concern with provisions to allow future fee increases based on CPI. Current language has annual CPI values cumulative from year to year. County would move to supporting this legislation if amended to eliminate cumulative effect of annual CPI. AOC is in support of this bill as written. SB 0263 Adds program elements to opportunity to recycle. Modifies program elements and program element requirements. Updates statewide goals for recovery of materials from general solid waste stream for calendar years 2020 and 2025 and subsequent years. Establishes specific statewide recovery goals for certain materials. Updates waste generation goals for calendar years 2025 and 2050 and subsequent years. Updates wasteshed recovery goals. Allows Environmental Quality Commission to revise goals under certain conditions. Directs commission to develop and adopt alternative method for calculating recovery rates based on rate of energy savings achieved through recovery of materials. Authorizes commission to adopt other alternative calculation methods under certain conditions. Authorizes wastesheds to base recovery rate calculations on weight-based or alternative methods adopted by commission. Eliminates two percent recovery credits on wasteshed recovery rates. Reduces required frequency of statewide solid waste Solid Waste 2 Support Consistent with AOC position. composition study to once every three biennia. Requires Department of Environmental Quality to conduct statewide survey of recovery rates for certain materials for calendar year 2020. Requires department to report to interim committee of Legislative Assembly by September 15, 2022, if goals are not being achieved. SB 0299 Changes states in which residents of Oregon may lawfully obtain long guns for transport into Oregon from contiguous states to all other states. BOCC 2 Monitor SB 0385 Adds justice court and municipal court to definition of court facility in which firearms and other weapons are prohibited except in specified circumstances. Justice Court BOCC 3 2 Support Monitor (JC) SB 0415 Prohibits distributing, selling or allowing to be sold flavored tobacco products or flavored inhalant delivery system products in this state. Health Services 2 Support Prohibits flavored tobacco from being distributed, sold or allowing to be sold. SB 0416 Requires payment of fee for smoke shop certification, renewal of smoke shop certification, transfer of smoke shop certification and relocation of smoke shop. Requires smoke shops certified under current criteria to renew certification every five years. Becomes operative January 1, 2016. Declares emergency, effective on passage Health Services 2 Support Imposes fees on entities subject to ICAA; requires payment of fee for smoke shop certification, renewal, transfer, and relocation. SB 0417 Requires premises where person makes retail sales of tobacco products and inhalant delivery systems to be licensed by Oregon Liquor Control Commission. Health Services 2 Support Requires retailers to be licensed by OLCC and a fee for that license. Will not have hearings or actions until HB 2546 moves forward. SB 0440 Requires Oregon Health Policy Board to establish Health Plan Quality Metrics Committee to develop health outcome and quality measures for coordinated care organizations and plans offered by Public Employees’ Benefit Board and Oregon Educators Benefit Board. Eliminates metrics and scoring committee. Declares emergency, effective on passage. Health Services 2 Support with Amendment This committee should have a public health representative to bring expertise in population health improvement. Will support CLHO’s efforts to strengthen public health aspect of bill. SB 0442 Directs Oregon Health Authority to adopt by rule schedule requiring submission of document to school administrator for purposes of declining immunization if document on record does not include signature of health care practitioner verifying that parent has Health Services 2 Support Removes the non-medical exemption for vaccines; is a CLHO Priority #2. Has three amendments, which would delete the non-medical exemptions for vaccinations and only allow a medical exemption from a licensed provider for enrollment in school or day care centers. reviewed risks and benefits of immunization or certificate verifying that parent has completed vaccine educational module. Declares emergency, effective on passage. SB 0491 Provides that state contracting agency may not prequalify prospective bidder or proposer for public contract for goods or services, or for public improvement contract, if prospective bidder or proposer employs 40 or more workers and if public contract has estimated contract price that exceeds $500,000, unless prospective bidder or proposer submits certificate that shows completion of training program for compliance with pay equity provisions of state law. Property & Facilities Road Legal Counsel 2 Oppose A change as to how local governments can prequalify bidders for public projects. Employers with 40 or more employees for projects exceeding $500k cannot be pre-qualified unless they provide proof that their employees have received pay equity training. Would require us to make sure this is part of our bidding process (PF). SB 0528 Provides persons licensed to carry concealed handgun in another state with protections provided to persons with Oregon concealed handgun license. BOCC 2 Monitor SB 0579 Requires state contracting agency that awards public improvement contract with contract price of more than $5 million to require contractor to employ apprentices to perform 10 percent of work hours on public improvement that workers in apprenticeable occupations perform. Property & Facilities Road Legal Counsel 2 Oppose Requires that in order to contract for jobs exceeding $1 million estimated cost, local government must ensure that contractor will use apprentice labor for at least 10% of the work hours. SB 0636 Reduces required age for concealed handgun license applicant to 18 years of age if applicant is service member. BOCC 2 Monitor SB 0663 Changes governmental framework for conducting public health activities in this state and for providing public health services to residents of this state. Health Services 2 Support Changes governmental framework for conducting public health activities and for providing public health services to Oregon residents. CLHO is working to incorporate Task Force on the Future of Public Health Services and Legislative Concept 1231 recommendations into this bill. Mirrors HB 3100. SB 0668 Provides that right and privilege to construct, maintain, or operate water, gas, electric, or communication service line, fixture, or other facility along public roads, free of charge, does not extend to county roads. Road 2 Support This is the AOC bill which enables counties to establish franchise fees for utilities – similar to that of cities. I am very much in favor of this bill as it could translate into a local funding source which we have been restricted from pursuing due to state law (R). SB 0723 Exempts certain transferors of firearms from requesting criminal history record check if purchaser or recipient has concealed handgun license. BOCC 2 Monitor SB 0724 Provides persons licensed to carry concealed handgun in another state with protections BOCC 2 Monitor provided to persons with Oregon concealed handgun license if other state has no less stringent requirements for obtaining license than Oregon. SB 5505 Directs distribution of moneys from Criminal Fine Account. Declares emergency, effective July 1, 2015. Community Justice District Attorney’s Office Sheriff’s Office 2 Support Support the bill. Unsure at this time if the allocations are sufficient (DA). HB 2830 Modifies time period for local government to take action on application for permit, limited land use decision or zone change after remand based on final order of Land Use Board of Appeals. Community Development 2 or 3 Support Provides 120 days to address LUBA remand rather than current 90 day requirement. Sponsored by Rep. Helm, supported by Rep. McLane (CD). HB 2959 Requires Housing and Community Services Department to dedicate and use portion of moneys deposited in certain housing accounts from County Assessment and Taxation Fund for benefit of county from which fees deposited into fund were charged and collected. Assessor’s Office Administrative Services 3 2 Neutral Support (AO) Should discuss with Board (EK). HB 3282 Requires Director of Department of Land Conservation and Development at city request to approve or remand sequential phases of work task related to potential amendment of urban growth boundary. Community Development 2 or 3 Support Provides certainty for cities in UGB amendment processes – throughout the process rather than all or nothing when the final UGB amendment proposal is submitted to DLCD. (CD) HB 3431 Extends deadline for owner of Metolius resort site to notify Department of Land Conservation and Development that owner has elected to seek approval of small-scale recreation community. Community Development 2 or 3 Neutral Deschutes County is an eligible receiving county for Metolius TDOs as proposed in this bill. (CD) * Prioritization Guidelines: #1: County has initiated and/or is leading efforts to advocate for or oppose the bill. #2: County is coordinating with another lead agency and will provide support through testimony, letters of support/opposition, or other assistance if needed. #3: County is monitoring the bill, but is not actively involved in lobbying efforts. #4: County has no interest in the bill and no need to monitor it further. ** Position Options: Support, Oppose, or Neutral