Bill Text: OR HB2206 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to county services; and prescribing an effective date.

Spectrum: Unknown

Status: (Passed) 2013-08-14 - Chapter 730, (2013 Laws): Effective date October 7, 2013. [HB2206 Detail]

Download: Oregon-2013-HB2206-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 480

                           A-Engrossed

                         House Bill 2206
                  Ordered by the House June 12
            Including House Amendments dated June 12

Introduced and printed pursuant to House Rule 12.00. Presession
  filed (at the request of Governor John A. Kitzhaber, M.D., for
  Oregon Department of Administrative Services)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

    { - Allows Secretary of State to assume election-related
duties, functions or powers of county clerk of county for which
Governor has declared public safety services emergency due to
fiscal distress. - }
   { +  Authorizes county to request declaration by Governor of
emergency in county that is conducting elections at less than
minimally adequate level. Directs Secretary of State to provide
election services in county until earlier of determination by
Governor that emergency no longer exists or two years after
declaration of emergency. Requires secretary to seek
reimbursement from Emergency Board for additional funds and
spending authority.  Authorizes county to request subsequent
declarations of emergency. + }
  Requires funds retained by Director of Veterans' Affairs out of
distribution to county without county veterans' service officer
to be spent to provide veterans' services in that county in
manner deemed appropriate by director.
  Authorizes county to request declaration by Governor of
emergency in county that is providing less than minimally
adequate property tax assessment and collection services. Directs
Department of Revenue to provide property tax assessment and
collection services until  { + earlier of + } determination by
Governor that emergency no longer exists  { - . Authorizes - }
 { + or two years after declaration of emergency. Requires + }
department to   { - charge fee for actual costs of services. - }
 { + be reimbursed for costs of providing services from certain
grant funds and state-shared funds otherwise distributable to
county. Authorizes county to request subsequent declarations of
emergency. + }
  Requires Director of Department of Consumer and Business
Services to enter into agreement to combine resources for the
purpose of administration and enforcement of municipal building
inspection program if municipality is not carrying out program or
at request of public body. Allows establishment of fees to cover
department's costs under agreement.

   { +  Requires Secretary of State, Director of Veterans'
Affairs, Director of Department of Revenue and Director of
Department of Consumer and Business Services each to submit
report to legislative committees on rules describing experience
of respective agency in implementing provisions of Act. + }
  Takes effect on 91st day following adjournment sine die.

                        A BILL FOR AN ACT
Relating to county services; creating new provisions; amending
  ORS 306.125, 406.454 and 455.042; and prescribing an effective
  date.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS chapters 246 to 260. + }
  SECTION 2.  { + (1) Notwithstanding ORS 246.200, + }  { + if
the governing body of a county, after consultation with the
county clerk or county director of elections, believes that the
county is in a state of fiscal distress that compromises the
county's ability to conduct elections at a minimally adequate
level, the governing body may request that the Governor declare a
county elections emergency.
  (2) Upon request pursuant to subsection (1) of this section,
the Governor shall consult with the Secretary of State to
determine whether to declare a county elections emergency.
  (3) Within 14 days after consultation with the secretary
pursuant to subsection (2) of this section, the Governor shall:
  (a) Declare the existence of a county elections emergency in
the county; or
  (b) Issue a determination that the county's fiscal situation
does not cause the county to conduct elections at a less than
minimally adequate level.
  (4) As soon as practicable after declaration of an emergency
pursuant to subsection (3)(a) of this section and after
consultation with the county clerk or county director of
elections, the secretary shall provide services in the county to
the extent necessary to ensure a minimally adequate level of
election services to the electors in the county and all municipal
corporations in the county.
  (5) If the secretary must perform services in a county pursuant
to subsection (4) of this section, the secretary shall seek
reimbursement from the Emergency Board for such additional funds
and spending authority as the secretary considers necessary.
  (6) At any time after declaration of an emergency pursuant to
subsection (3)(a) of this section, the governing body of the
county or the secretary may request that the Governor, after
consultation with the secretary, issue a determination pursuant
to subsection (3)(b) of this section.
  (7)(a) The county shall resume conducting elections for the
electors of the county and all municipal corporations in the
county on the earlier of:
  (A) The date on which a determination is issued pursuant to
subsection (6) of this section; or
  (B) Two years after the date on which an emergency is declared
in the county pursuant to subsection (3)(a) of this section.
  (b) The governing body of the county may request a declaration
under subsection (1) of this section at any time before or after
the elapse of the two-year period described in paragraph (a)(B)
of this subsection in order to ensure continuity of election
services in the county. + }
  SECTION 3. ORS 406.454 is amended to read:
  406.454. (1) The Director of Veterans' Affairs shall adopt by
rule a formula to distribute to county governing bodies funds
appropriated to the director to enhance and expand the services
provided by county veterans' service officers appointed under ORS
408.410. In developing the distribution formula, the director
shall consider factors that include, but need not be limited to:
  (a) The number of veterans residing in each county;
  (b) A base amount to be distributed equally among counties;
  (c) Retention   { - of an amount, not to exceed six percent of
the total amount appropriated to the director for the purposes of
ORS 406.450, - }   { + by the Department of Veterans' Affairs of
the amount + } that would otherwise be distributed to a county
governing body if the county governing body has not appointed
 { - county veterans' service officers; and - }  { +  a county
veterans' service officer; + }
  (d) Criteria for withholding funds from a county governing body
 { - . - }  { + ; and
  (e) The purchase and coordination of a statewide computer
system or other technology, or both, to facilitate efficient
claims and appeals development and processing for veterans,
spouses, dependents and survivors of veterans.
  (2)(a) Funds retained under subsection (1)(c) of this section
must be used to provide veterans' services in a county not
providing a county veterans' service officer in a manner deemed
appropriate by the director until such time as the county
appoints or reinstates a county veterans' service officer. + }
    { - (2) - }   { + (b) + } Funds retained under subsection
(1)(c) and (d) of this section   { - must - }   { + may + } be
spent on:
    { - (a) - }  { +  (A) + } Training costs of veterans' service
officers and other individuals providing similar services; and
    { - (b) The coordination of computer systems and technology
to facilitate efficient delivery of services to veterans, spouses
and dependents of veterans or survivors of veterans. - }
   { +  (B) Providing veterans' services to veterans, spouses,
dependents and survivors of veterans as deemed appropriate by the
director. + }
  SECTION 4.  { + (1) If the governing body of a county believes
that the county is in a state of fiscal distress that compromises
the county's ability to provide a minimally adequate level of
property tax assessment services or property tax collection
services, the governing body may request that the Governor
declare a property tax assessment services emergency, a property
tax collection services emergency or both.
  (2) Upon request pursuant to subsection (1) of this section,
the Governor shall consult with the Director of the Department of
Revenue to determine whether to declare a property tax assessment
services emergency, a property tax collection services emergency
or both.
  (3) Within 14 days after consultation with the director
pursuant to subsection (2) of this section, the Governor shall:
  (a) Declare the existence of a property tax assessment services
emergency, a property tax collection services emergency or both
in the county; or
  (b) Issue a determination that the county's fiscal situation
does not cause the county to provide a less than minimally
adequate level of property tax assessment services or property
tax collection services, as applicable.
  (4) As soon as practicable after declaration of an emergency
under subsection (3)(a) of this section and after consultation
with the tax assessor and tax collector of the county, the
Department of Revenue shall provide services in the county to the
extent necessary to ensure a minimally adequate level of property
tax assessment services, property tax collection services or both
to all municipal corporations in the county.
  (5)(a) When an emergency is declared in a county pursuant to
subsection (3)(a) of this section, the department shall
immediately:
  (A) Discontinue grants to the county from the County Assessment
Function Funding Assistance Account created under ORS 294.184;
and

  (B) Notify the State Treasurer to discontinue all distributions
to the county of state-shared funds that are not otherwise
dedicated by law.
  (b) Within 30 days following the close of each fiscal quarter,
the department shall submit to the governing body of the county
and the Secretary of State an itemized statement of the
department's actual costs incurred in providing services in the
county and the amount of the grants that the county would have
received, but for this subsection, from the County Assessment
Function Funding Assistance Account for the period covered by the
statement.
  (c) The department shall be reimbursed for the costs in the
statement submitted under paragraph (b) of this subsection as
follows:
  (A) The department shall transfer to the Assessment and
Taxation County Account described in ORS 306.125 the amount of
grant funds that would have been distributed to the county from
the County Assessment Function Funding Assistance Account for the
period covered by the statement; and
  (B) If the amount transferred under subparagraph (A) of this
paragraph is less than the department's stated costs, the State
Treasurer, upon the order of the Secretary of State, shall
transfer to the Assessment and Taxation County Account all
state-shared funds not otherwise dedicated by law that, but for
this subsection, would have been distributed to the county for
the period covered by the statement.
  (d) If the amounts received by the department under paragraph
(c) of this subsection are less than the department's stated
costs for the period covered by the statement submitted under
paragraph (b) of this subsection, the department shall seek
reimbursement of the remaining costs, and such additional
spending authority as the department considers necessary to carry
out its duties under this section, from the Emergency Board.
  (6) At any time after declaration of an emergency pursuant to
subsection (3)(a) of this section, the governing body of the
county or the director may request that the Governor, after
consultation with the director, issue a determination pursuant to
subsection (3)(b) of this section.
  (7) The county shall resume providing property tax assessment
services and property tax collection services, as applicable, to
all municipal corporations in the county on the earlier of:
  (a) The date on which a determination is issued pursuant to
subsection (6) of this section; or
  (b) Two years after the date on which an emergency is declared
in the county pursuant to subsection (3)(a) of this section. + }
  SECTION 5. ORS 306.125 is amended to read:
  306.125. (1) The Department of Revenue is authorized to
institute programs for the appraisal of property in counties of
the state and to make appraisals for the use of county assessors
and boards of property tax appeals in assessing property and
reviewing assessment rolls, and may install, and assist in the
preparation and maintenance of, maps, plats or standardized
record systems, as prescribed by the department, in the offices
of assessors and tax collectors.
  (2) The department and county courts are authorized to enter
into agreements for the sharing of the expenses of such
appraisals and installations including salaries and expenses of
department employees engaged therein.
  (3) Counties entering into agreements pursuant to this section
may pay to the Department of Revenue from time to time:
  (a) Moneys to be disbursed by the department as part of the
county's share in the expenses authorized under this section and
agreed to under such agreements; and
  (b) Moneys to reimburse the department where department
disbursements under such agreements, whether from the
department's appropriations from the State General Fund or from
moneys credited to the Assessment and Taxation County Account,
have exceeded its proportionate share of expenses and a
rebalancing of expense-sharing accounts is deemed desirable or
necessary.
  (4)(a) All moneys received by the Department of Revenue under
subsection (3) of this section shall be immediately turned over
to the State Treasurer, who shall deposit the moneys in the
General Fund to the credit of an account to be known as the
Assessment and Taxation County Account, and such account hereby
is continuously appropriated to the Department of Revenue for the
purposes of this section { +  and section 4 of this 2013 Act + }.
  (b) The Department of Revenue may use the moneys to the credit
of the Assessment and Taxation County Account, or any part
thereof, for expenditures in connection with appraisals and
installations contracted for, including cash advances for travel
and living expenses of employees, and including payments to any
county made to rebalance expense-sharing accounts, from time to
time, where a county's disbursements under agreements entered
into pursuant to this section have exceeded its proportionate
share of expenses under such agreement. Any moneys received in
reimbursement of these cash advances shall be deposited in the
Assessment and Taxation County Account. Refunds of unexpended
receipts may be made to the counties.
  SECTION 6. ORS 455.042 is amended to read:
  455.042.  { + (1) + } The Director of the Department of
Consumer and Business Services shall establish regions for all
areas of the state to carry out the uniform administration of the
state building code. The director shall assign Department of
Consumer and Business Services employees for the regions as
necessary to:
    { - (1) - }  { +  (a) + } Promote consistent interpretation
of the state building code;
    { - (2) - }  { +  (b) + } Resolve disputes between local
building officials and contractors or developers regarding the
application of one or more provisions of the state building code;
and
    { - (3) - }  { +  (c) + } Provide oversight and enforcement
of ORS 446.003 to 446.200, 446.225 to 446.285, 446.395 to
446.420, 479.510 to 479.945, 479.950, 479.995 and 480.510 to
480.670 and ORS chapters 447, 455, 460 and 693 and the rules
adopted under those statutes.
   { +  (2)(a) Notwithstanding ORS 455.148, 455.150 and 455.153,
if the director determines that a municipality is not carrying
out a building inspection program in accordance with a plan filed
and approved under ORS 455.148 or 455.150, or a public body
requests the director to enter into an agreement to combine
resources for specific projects or a specified period of time,
the director shall develop an agreement that may combine
department, local government and private resources sufficient for
the region to allow the department and the parties to the
agreement to efficiently and uniformly administer and enforce the
building inspection program or the terms of the agreement within
the municipality.
  (b) Notwithstanding ORS 455.210 or ORS chapters 291 and 292, if
the department assumes the administration and enforcement of a
municipal building inspection program or enters into an agreement
under this subsection, the director shall adopt rules
establishing permit fees, other service fees and hourly charges
in amounts reasonably calculated to cover the costs to the
department of administering and enforcing the municipal building
inspection program or carrying out the terms of the agreement.
The director shall give due consideration to any special local
conditions when establishing fees and charges for a municipality.
A permit fee described in this subsection is subject to the
surcharges described in ORS 455.210 and 455.220.

  (c) Notwithstanding any other provision of this subsection, the
director may use moneys collected from surcharges described in
ORS 455.210 (4)(b) to help pay the costs to the department of
administering and enforcing municipal building inspection
programs within a region.
  (d) Notwithstanding ORS 455.230 or any other provision of law,
moneys deposited to the Consumer and Business Services Fund from
the collection of fees described in this subsection shall be used
by the department or the parties to an agreement entered into
under this subsection to carry out the regional administration
and enforcement of municipal building inspection programs or the
agreement under this subsection. + }
  SECTION 7.  { + No later than February 28, 2017, the Secretary
of State, the Director of Veterans' Affairs, the Director of the
Department of Revenue and the Director of the Department of
Consumer and Business Services shall each submit a report in the
manner provided in ORS 192.245 to the Senate Committee on Rules
and the House Committee on Rules. Each report submitted pursuant
to this section shall describe the experience of the respective
agency in implementing the respective provisions of this 2013 Act
and may include recommendations for legislation. + }
  SECTION 8.  { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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