News From Association of Oregon Counties

Salem - Thursday, April 18, 2013. If a bill introduced in this session of the Oregon Legislature had not been scheduled for a work session in the chamber of origin on that date, it, by legislative rule, could not advance.

In other words, those bills not heard by last Thursday, are dead. Technically. There are all kinds of legislative procedures that could bring some of the deceased bills back to life, but for now, the number of bills the Legislature has to deal with is quite a bit lower. AOC's Ann Hanus, who likes to crunch numbers for a hobby, came up with this little tid bit....

Of the 2,928 bills introduced into legislative policy committees, 1,662 (57%) died. There are 1,266 remaining bills in policy committees (excluding Rules, Revenue and Ways and Means).

Note the exclusions. Those committees have now taken on a very important role as the legislative session goes into the second half. This edition of Oregon Trails has some insights for our readers on the legislation that continues to need attention and action and a few items on that legislation that will no longer bring anyone any heart burn, at least for this session.

Capitol 4 - 22

Sunshine is predicted for most of the week of April 22

O&C Memorial Moves

The Senate Rural Communities & Economic Development Committee sent the original Senate Joint Memorial 10 to the full Senate to be referred to the Senate Rules Committee. SJM 10, principally sponsored by Sen. Herman Baertschiger (R-Grants Pass), urges Congress to support the trust concept of management of the O&C forestlands, a proposal offered by the Association of O&C Counties and Oregon Congressmen Peter DeFazio, Greg Walden, and Kurt Schrader. Amendments had been proposed to SJM 10 and there was concern that some legislators would vote against the memorial. The committee, chaired by Sen. Arnie Roblan (D-Coos Bay), decided to move the bill to the Rules Committee, which is not subject to action deadlines, to permit more discussions about the bill's provisions.

Stimulus for Federal Forest Management

SB 357, originally about forest trust land management, was gutted and used as a vehicle to direct study of ways that Oregon can stimulate the pace and scale of federal forest management. The Senate Rural Communities and Economic Development Committee moved the new version of the bill to the Senate for passage. SB 357 now provides that the Federal Forestlands Advisory Committee will study and develop recommendations on such approaches as a revolving loan fund that could provide a return on investment of the State or a county that gives financial support to federal forest management projects. The Governor's Recommended Budget provides means supported by AOC for this purpose. Further study on ways to accomplish local support is required because the federal government at present cannot receive local loans for forest management activities.

Cougar Bill Advances; Another Dies

HB 2624, supported by AOC, was amended by the House Agriculture & Natural Resources Committee and sent to the floor with a 'do pass' recommendation. The amendments, removing references to black bears, would exempt a county from the ban on use of dogs to hunt cougars, if voters approved a county measure, while retaining setting of hunting seasons and other authority in the Commission and Department of Fish & Wildlife. The committee action beat the deadline to move bills in the first chamber by April 18th. The other cougar-related bill supported by AOC, HB 3395, would have created the opportunity for a pilot program in a county to use dogs to hunt cougars. HB 3395 did not move, and thus is dead.

Forest Trust Counties Speak in Favor of Forestry Budget

The Council of Forest Trust Land Counties (CFTLC) joined a large chorus of voices before the Joint Ways & Means Natural Resources Subcommittee in support of the Governor's recommended budget for the Department and Board of Forestry. Stakeholders from producers to conservationists told the committee that a well operating Oregon Department of Forestry (ODF) will stimulate the economy. CFTLC cited the responsiveness of the current Board of Forestry and the quality of ODF staff as the reason for our commitment to the administrative process of state forest management decision making. CFTLC represents the 15 counties that transferred lands that are now state forests under the State Forest Acquisition Program.

Water Development Legislation Flows to Ways and Means

The Joint Ways & Means Committee is not subject to bill action deadlines and is often the final legislative committee to close. This makes sense, because the committee also holds the public purse strings. It now will work on two bills that seek to develop water resources in the state.

SB 839, as amended by the Senate Environment & Natural Resources Committee, would create a Water Supply Development Account that could provide loans and grants for instream and out-of-stream water development projects, on-going studies on water reallocation by the Corps of Engineers, and comprehensive basin studies by the Bureau of Reclamation. The Water Resources Commission (WRC) would promulgate rules to score and rank potential projects based on public benefits. A funded project would have to deliver economic and social benefits, and dedicate one-quarter of conserved or newly developed water to instream uses. SB 839 would also have the Governor appoint a work group of stakeholders to review the operation of the program.

A smaller version of SB 839, HB 3358, focuses on grants for studies on development of water projects in the Deschutes Basin. HB 3358, supported by AOC, was also moved to Ways & Means by the House Agriculture & Natural Resources Committee.

An exception to referral to Ways & Means was the action by the Senate Environment & Natural Resources Committee to move SB 846 to the Senate Rules Committee for further work. SB 846, sponsored by Senator Bill Hansell and Representative Bob Jenson, and supported by AOC, would require the Water Resources Department to establish a Umatilla Basin Water Storage Program.

Ways & Means received another water bill supported by AOC involving transactional fees for service by the Water Resources Department, HB 2259. As amended by the House Agriculture & Natural Resources Committee, HB 2259 would grant authority to the Water Resources Commission to increase these fees by rule annually up to the lesser of 2 percent or the CPI, beginning in 2010. In other words, the WRC could increase the transaction fees up to 8 percent for 2013.

A related bill, SB 217, which would have established a new water right management fee, proved to be too controversial and died. An interim work group is planned to discuss long-term stability of funding for the Water Resources Department.

Ocean Science Trust Progresses

The Senate Rural Communities & Economic Development Committee approved an amended SB 737 and sent it to the Joint Ways & Means Committee. SB 737 would establish a five-member Oregon Ocean Science Trust appointed by the State Land Board to promote research and monitoring of Oregon's ocean and coastal resources through community-oriented approaches through a competitive grant program. Of moneys received by the State under the federal Outer Continental Shelf Lands Act, the coastal county adjacent to lands for which moneys are received would receive 30 percent of the distribution.

Road User Charges

Sen. Bruce Starr (R-Hillsboro) used SB 810 which previously dealt with an interchange study of the Umatilla Depot and transformed it by gutting and stuffing it with an expanded pilot program for road user charges. The Senate Business and Transportation Committee accepted the change and passed the bill out of Committee. As a result, Ways and Means will have two options on road user charges this session: a mandatory road user charge aimed at having high mileage (e.g. electric) vehicles pay a fee or an expanded pilot. The outlook will depend on whether there are enough of the 3/5 majority votes to pass a mandatory program and if support can be garnered for the expanded pilot program.

Reversing the Cortez Decision

SB 678 reverses the Cortez decision on limited liability companies with regards to workers compensation and was a high priority bill for the Associated Oregon Industries. The Cortez decision would have placed them in a position of increased liability from workers compensation claims unlike other businesses that pay premiums for workers compensation. AOC supported SB 678 because it is important to small businesses.

Annexation Bills Advance in House Land Use Committee

Two bills that place restrictions on annexations passed out of the House Land Use Committee last week. HB 2617 requires two separate votes to approve annexations within 100-acre islands if the city charter requires a vote on annexations. It would take both a majority of the voters in the city as well as a majority of voters within the island to approve annexation. The result would be to allow voters within a 100-acre island veto authority on annexations. The other bill, HB 2028, would prevent a city from forcing non-residents to sign non-remonstrance agreements allowing for future annexation in exchange for services, provided the service is delivered via an intergovernmental agreement with a county. The bill eventually was narrowed to apply only if the service in question is one other than water, sewer, stormwater, or municipal utility services. The bills now move to the House floor.

"Buy America" Bill Dies for the Second Time in the House

HB 3473, which would have required public agencies to utilize American-made steel, iron, and manufactured good on all public works projects over $50,000, died last Wednesday in the House Business and Labor Committee. A similar bill, HB 2402, also failed to advance in the House Consumer Protection and Government Efficiency Committee. While the bill contained exceptions in the event project costs increased more than 25 percent or when American-made materials were not available in sufficient quantity, AOC continued to oppose the concept due to problems with certification, cost, enforcement, potential project delays and bid protests.

Reforms to LUBA Appeals Process Advances

A bill intended to streamline the land use appeals process passed out of the Senate Rural Communities and Economic Development Committee last week. SB 77 would enable local governments to request that all appeals related to land use decisions be consolidated in a single appeal. The hope is that this will allow the county (or city) to finalize all decisions related to a property before facing an appeal and shorten the process by consolidating all appeals into a single action. Another aspect of the bill requires the Land Use Board of Appeals (LUBA) to post data on their website outlining the types of appeals, frequency of appeals by particular parties, how often attorney fees are awarded, and other important data. This could be useful to counties in understanding how the land use appeals system is used by certain stakeholders to delay projects from being finalized.

Scenic Waterways

SB 401 as introduced would designate sections of multiple waterways as "scenic waterways" under Oregon law. (A few examples of waterways include sections of the McKenzie River, East and West Fork of the Illinois, Rogue River, Grande Ronde River, and the Willamette River). The designations would add additional oversight by the Oregon Parks and Recreation Department when it comes to actions taken in or near these segments. AOC took a position in opposition to these designations and submitted testimony to the Senate Committee on Environment and Natural Resources.

"Counties already obtain the necessary permits for doing road bank restoration, culvert replacements, and bridge work, etc. When a waterway is designated as "scenic" another review process must be conducted by yet another agency (Oregon Parks and Recreation) and the requirements are different for each segment of designated waterway. This adds expense and time to getting a project done."

On April 17th, the Committee adopted an amended version of SB 401-5 that would not designate the waterways, but instead direct the Oregon Parks and Recreation Department to conduct a study of listed waterways for consideration as scenic waterways. SB 401 as amended is headed to the Committee on Ways and Means.

Law Enforcement Warning

Sheriffs Gilbertson, Hanlon and Bishop testify before House Task Force on O&C Counties

Four Oregon county sheriffs and a district attorney offered a grim picture of law enforcement in light of the pending loss of federal forest payments in testimony before the Oregon House Task Force on O&C Counties last week. Josephine County Sheriff Gil Gilbertson, Douglas County Sheriff John Hanlin, Curry County Sheriff John Bishop, Polk County Sheriff Bob Wolfe and Lane County DA Alex Gardner offered graphic evidence of the reduction of public safety services and skyrocketing increases in property crimes in their counties. The sheriffs said their patrols are bare bones at best, inadequate for sure. Sheriff's deputies are in danger because of the lack of backup. County jails are understaffed and beset with turning inmates loose on a daily basis. Prosecutors don't have the resources to charge many criminals. It is not a good situation.

Property tax levy requests for public safety are on the ballot in May in Curry, Josephine and Lane Counties. Even if they pass, Task Force Co-Chair Rep. Bruce Hanna (R-Roseburg) said the impacted counties won't be able to tax their way out of their problems because of the huge amount of publicly owned land that is not on the tax rolls. The only long-term solution according to Rep. Hanna, is a change in federal policy that allows for more timber harvests. Task Force Co-Chair Rep. Val Hoyle (D-Eugene) agreed. She was quoted as saying, "We want something that can pass through the (U.S.) Senate and House and we need it now."

Photo: Courtesy of Darrell Fuller

Human Services Updates

Early Learning Council

Two important bills related to the Early Learning Council had hearings this past week. The first, HB 3234, establishes the Early Learning Division in the Department of Education. After a work session in the House Education Committee, the bill was voted out of committee and moved to Ways and Means. The purpose of this bill is to establish the structure of the Early Learning Division.

The second bill, HB 2013, is intended to be the next step in moving the local Early Learning Hubs forward. The dash-1 amendments were released about an hour before Wednesday's House Human Services Committee hearing. A public hearing was held and Speaker Tina Kotek (D-Portland) and Duke Shepard, the Governor's Policy Advisor, provided an overview of the changes. There are some significant pieces for the counties: the bill reinforces that counties will have to be an active participant in the development of local hubs; seven demonstration hubs will start on July 1, 2013 with nine more starting on July 1, 2014; the Early Learning Council will be responsible for administering the transition of service provision for those regions not covered by the initial seven hubs; and while the bill did not explicitly spell out funding for the transition of services it was discussed that the Ways and Means committee may be able to allocate some funds for assistance in the transition. The bill was voted out of committee and moved to the Ways and Means committee.

Youth Development Council

The Youth Development Council (YDC) also had two important bills up for hearings last week. HB 3132 which established the Youth Development Division in the Department of Education. This bill was voted out of the House Education Committee to the House Rules Committee. It appears as if more policy work will be needed on the bill.

HB 2392-6 was heard later in the day at the House Human Services and Housing Committee. This bill requires the membership of the YDC to include representatives of county departments and boards of county commissioners. The -6 amendments came out of workgroup meetings convened by Rep. Gene Whisnant (R-Sunriver) and Rep. David Gomberg (D-Otis) which included Rep. Alissa Keny-Guyer (D-Portland), YDC Director Iris Bell and Marion County Commissioner Janet Carlson. The bill was voted out of committee and moved on to Ways and Means.

Community Mental Health

The Senate Heath Care and Human Services committee held a work session for SB 823. The bill was introduced by Senators Peter Courtney (D-Salem), Brian Boquist (R-Dallas) and Jeff Kruse (R-Roseburg) in order to create a six-year plan for improved community mental health. The bill invests more money in community mental health and it is assumed some of those dollars will flow to county mental health programs. A great deal of work will need to be done to come up with the money to support this program. This bill is being referred to the Ways and Means Committee by prior reference where there will be further discussion about the fiscal impact and costs of this proposal.

Public Health Bills

Several important public health bills had work sessions last week including HB 2136. This bill would dedicate 10 percent of the Tobacco Master Settlement Agreement (TMSA) to the Tobacco Prevention and Education Program (TPEP). The House Health Care Committee voted unanimously to send this bill along to the Ways and Means Committee.

A second public health related bill was HB 2403, the healthy vending machine bill. The dash-2 amendments create a 15-person task force on healthy vending machines and explore options, research, and review studies from previous efforts by the Commission for the Blind Business Enterprise Program and by state and local jurisdictions that have passed healthy vending machine regulations to learn about the challenges to, barriers to and successes in implementing healthy food and beverage vending machine programs in public buildings. The amendment was adopted and the bill was voted out of committee.

A third public health bill with a work session was SB 132, a bill aimed at immunization education. This bill requires either a signature from a provider or proof of a training module for the parent to exempt the child from immunizations. The bill was voted out of the Senate Health Care and Human Services Committee and now heads to the Senate Floor.

School Based Health Centers

HB 2445 received a work session in the House Health Care Committee. This bill combines the elements of two previous school based health centers bills; HB 3189 and HB 2326. This bill established a task force to look at how to support school based health centers and patient centered primary care homes. During the work session the dash -6 amendments were adopted and the bill moved to Ways and Means.

Governance Forum

The May 10th Governance Forum is planned to focus on the role of the county in Community Mental Health Care. The meeting will reflect on the past few years and the development of Coordinated Care Organizations (CCOs) and look forward to the implementation of the Affordable Care Act, the rulings of the U.S. Department of Justice and other major changes to mental health care.

The Governance Forum was set up years ago to have policy level discussion between commissioners/judges and department leaders at the Oregon Health Authority/Department of Human Services. We urge you to come in person (10 am - noon), but if you cannot, we will have both phone and video connections. For more information please contact AOC staff Mark Nystrom.

Emily Ackland Prepares to be new County Road Program Manager

AOC's Emily Ackland will be taking over as County Road Program Manager on July 1st. Jon Oshel is retiring after 12 and a half years in the post. AOC Executive Director Mike McArthur made the announcement last week. Congratulations to Em.

Carl Stiff Resigns

Baker County Commissioner Carl Stiff resigned his seat last week due to health issues. Stiff, 83, is a retired physician. He was elected to the Baker County Board of Commissioners in 2002 and has served the community on a variety of boards, councils and commissions. Commissioner Stiff is a graduate of County College.

AOC wishes you all the best, Carl! Thank you for your service.

Ford Institution Leadership Program

The Ford Institute Leadership Program is looking for a few good community leaders. The Leadership Development training consists of 48 class hours held over four Friday-Saturday sessions. The classes focus on developing the community leadership capacity of individuals. The training emphasizes an interactive and facilitative style rather than lectures. It draws on the knowledge and skills of those in the room, augmented by the lessons in the curriculum.

A typical class consists of about 25 individuals (high-school students to retired seniors) with leadership experience ranging from emerging to seasoned. This training is designed for a diverse mix of citizens representing business, government and non-profit sectors.

Curriculum concepts include:
     * Community capacity and social capital
     * Personality types and leadership styles
     * Community development models
     * Catalytic Leadership Model
     * Asset mapping
     * Group development
     * Models for group decision-making
     * Communication strategies
     * Volunteerism

Each class selects a project that they work on together (for example, a local park improvement). The project helps focus the course content on a real-world situation. The Institute provides up to a $5,000 match in support of the project. Participants are expected to volunteer outside the class to complete the project within one year. If you are interested, you can find more information and application materials (due June 15) at the Ford Family Foundation website.

Old Phones Never Die...

...they just get recycled. AOC has signed up with Evolve Recycling, a zero-waste recycling company, which means nothing ends up in a landfill. Nothing as in toner & ink, laptops, cell phones, cameras, gps devices and iPod/mp3s. They all go into a box in the AOC office and when it's full, we send it off to Evolve with no shipping costs. If you'd like more information on recycling your old electronic stuff visit the Evolve website or contact Jan Schindel at the AOC office.

Budding Journalist

Shout out this week to AOC Policy Coordinator Gil Riddell who has decided that submitting articles for the weekly newsletter can actually be an exercise in intellectual entertainment. Gil's newfound interest in association journalism is greatly appreciated by the Oregon Trails staff and that staff knows that since Gil is also trained as a lawyer, we won't have to call Scott Parker for a libel test.

Have a great week.

Please feel free to submit your story ideas, announcements, recipes, photos and job changes to your Oregon Trails staff for inclusion in the next riveting edition.

See you next week - your Oregon Trails staff,

Laura Cleland & Eric Schmidt

Association of Oregon Counties

503-585-8351