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Oregon Trails
An Occasional Newsletter
from
The Association of Oregon Counties
Month, Year - Vol 1, Issue 1 |
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Blistering Heat
now is the time for cool (heads)
July 1, 2013
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Salem - It has become clear that the Legislature will not be adjourning before the Independence Day holiday. Exactly what their plan is remains to be seen. One would expect the pace at the Capitol to be fast and furious, but it just doesn't feel that way. That is a sure sign the end game has moved behind closed doors.
However, your AOC policy managers are hopping. Notice of hearings and work sessions are on a one-hour notification, so we have to be ready at a moment's notice. And, as you will see in this issue of Oregon Trails, there are many bills impacting counties that are still in the hopper.
AOC policy manager Patrick Sieng even brought in reinforcements for the Saturday session. Three-year-old Ethan Sieng worked the halls with his Dad. Patrick knows all the tricks!
There's a lot of other stuff going on at AOC this week and next. Primarily, preparation for the NACo Annual Conference and the Josi campaign. For more information on this please see the story below.
And, the room block for the AOC Summer Summit at Spirit Mountain Resort closes on July 11. Now would be a great time to get your reservations! Again, there is a story below with all the details.
Stay cool!
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AOC Summer Summit: People, Places and Politics
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AOC Summer Summit August 11-13 at Spirit Mountain Resort
Make plans now to attend the AOC Summer Summit to explore People, Places and Politics with county colleagues. AOC President Mary Stern has selected Spirit Mountain Resort in Grande Ronde, Polk County for this year's summer confab.
You'll hear from experts, pundits and those on the ground. They will question if government should act more like a business, offer advice on getting a levy passed, discuss successful use of Regional Solutions and foresee the future of county courthouses. AOC has also invited members of the Oregon Legislature and Congress to give you updates on what happened at the 2013 legislative session and what is happening in Washington, DC.
Registration is now open on the AOC website.
The fees are the same as last year:
participant: $175 (two dinners, lunch, receptions and meeting materials) and
guest: $125 (meals & receptions only)
For hotel reservations, call Spirit Mountain at 1-800-760-7977. Make sure you identify yourself as a participant of the AOC Summer Summit for special, reduced rates.
- Deluxe room, single or double occupancy, $89 per night plus tax
- Standard room, single or double occupancy, $69 per night plus tax
- Continental breakfast is complementary for hotel guest.
The AOC room block closes on July 11, 2013 at 5 p.m. Reservations made after this date will be on a room-available basis and at the prevailing rate, so make your plans now to attend.
Questions? Contact Cara Fischer or 503.585.8351.
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NACo Annual Conference
| There will be a lot going on in Ft. Worth, Texas July 19 - 22. In addition to the always-fantastic educational program, NACo committees will be forwarding resolutions, many from Oregon, for consideration by the full body, networking with colleagues from around the nation will be in full swing, and, Tillamook County Commissioner Tim Josi will be running for NACo 2nd Vice President!
It is very important that all 36 Oregon counties show their support for Tim. Even if you can't go to Ft. Worth, we are asking that you register at least one person from your county and turn in your credentials form so that we will be allowed to cast your votes for Tim. We expect this election to be very close and Tim needs every vote he can get. If you have commissioner friends in other state, now is the time to call them and ask them to stand up and support Tim during their states' caucus. You can direct your friends to Tim's campaign website, www.timjosi.com. There they will find information on his platform, endorsement letters, background, and a series of short videos.
If you are going to Ft. Worth, we look forward to putting you to work for Tim! Time is running short. Now is the time to act!
If you have any questions about turning in your credentials please contact Cara Fischer. Any other campaign questions can go to Laura Cleland
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Public Safety - HB 3194
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The AOC Special Operations Committee met Thursday by conference call and voted to support House Bill 3194 with amendments. The bill originated from the Governor's Commission on Public Safety, which forwarded 19 policy options to the Legislature for consideration, including modifications to Measure 11 and Measure 57. The amended bill did not included changes to Measure 11, the voter-approved mandatory minimum sentencing law.
HB 3194 is aimed at keeping prison growth flat for the next five years. The bill also sends $33 million to counties - $5 million for jail operations, $18 million to bring the community corrections baseline funding up to $215 million, and $10 million for an incentive fund known as the Justice Reinvestment Program. Dollars will be distributed based on the current community corrections offender population formula. If the next revenue forecast is positive, legislators might contribute another $5 million to the reinvestment program.
AOC led workgroups on the portion of the bill that creates an incentive fund for counties to spend on public safety. AOC President Mary Stern, Yamhill County Commissioner, along with Benton County Commissioner Jay Dixon, Clackamas County Commissioner Jim Bernard, and Polk County Commissioner Jennifer Wheeler, all participated in meetings that helped craft the formula for the fund. A commissioner will also have a position on the Governor-appointed Justice Reinvestment Program Review Committee.
The bill passed out of the Joint Committee on Public Safety with just one no vote. The House passed the bill late Thursday by a vote of 40 to 20. On Monday, HB 3194 passed the Senate 19-11. Floor letters supporting the bill were sponsored in each chamber by Representative Greg Matthews, D-Gresham, and Senator Bill Hansell, R-Athena.
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Senate Attempts Last Chance Deal on PERS Reform and Tax Increases
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The Senate Finance and Revenue passed two bills Friday and Saturday that, taken together, represent a last chance at a deal this session for additional revenue to schools. Senate Bill 857, passed last Saturday afternoon, would restructure cost-of-living adjustments given to retirees (deeper cuts than the earlier passed Senate Bill 822) and change the way annuity benefits are calculated for so-called "inactives," those vested PERS members who are no longer working in a PERS-eligible position. The reforms under consideration would reduce Oregon's $14 billion unfunded liability by roughly $5 billion and reduce PERS rate increases scheduled to take effect July 1st. The day before, House Bill 2456 passed out of the same committee. This bill would raise corporate income taxes, adjust the senior medical deduction, and provide a very modest increase in the state tobacco tax. All together, the tax increase package is projected to raise approximately $200 million in the next biennium, with $150 million being dedicated to schools and the rest to mental health and senior services. Prospects for the package on the Senate floor are unclear, with it likely receiving a third reading on Tuesday morning.
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Columbia River Crossing Dies in Washington
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The Columbia River Crossing (CRC) met its demise on Saturday when the Washington state Senate did not take action on a $10 billion Washington transportation package that included the CRC. They did not even provide funding for an orderly closure of the project.
The project had faced stiff opposition by some Washington legislators over the scope of the project and inclusion of light rail. The project had hinged on funding from Oregon, Washington and the federal government. Oregon's legislation specified that Washington had to provide funding by this September, and Washington will not be able to make this deadline.
Governor Kitzhaber said "I am extremely disappointed that our legislative partners in the Washington state Senate failed to address the clear and present safety and economic need for this essential I-5 bridge." He directed ODOT to "review all of the work on the Oregon side of the project to determine if any stand alone investments could be made to improve safety and reduce congestion on a smaller scale."
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County Fiscal Distress Bills
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The following county fiscal distress bills are still in play at the Legislature:
- Senate Bill 173: Creates service delivery technical assistance program in the Governor's Office for counties in fiscal distress; received a do pass recommendation from the Senate Economic Development & Rural Communities Committee on 4-9-13 and was referred to Ways & Means.
- House Bill 2206B: Three parts - 1) Authorizes county to request declaration by Governor of emergency that the county is providing less than minimally adequate property tax assessment and collection services; directs Department of Revenue to provide those services until determination by Governor that emergency no longer exists or for two years, whichever is first; requires DOR to be reimbursed for its costs from the state assessment and taxation grant funds of the county, then non-dedicated state-shared revenues of the county, then by a request to the Emergency Board. 2) Authorizes a county to request from the Governor a declaration of emergency that the county is conducting elections at less than a minimally adequate level; directs the Secretary of State to provide elections services in the county until determination by Governor that emergency no longer exists or for two years, whichever is first; requires Secretary of State to seek reimbursement from the Emergency Board for additional funds and spending authority. 3) Requires funds retained by the Director of Veterans' Affairs out of distribution to a county without a county veterans' service officer to be spent to provide veterans' services in that county. Passed House 54-5; in Senate Rules Committee, recommended do pass with amendments on 7-1-13.
- House Bill 3404: Applies HB 4177 (2012 - permits counties, under certain conditions, to receive assistance payments from County Assessment Function Funding Assistance Account) to fiscal years 2013-14 and 2014-15; passed the House 57-0 on 6-13-13; passed Senate 28-0 on 6-27-13.
- House Bill 3453A: Provides that the Governor may proclaim a public safety fiscal emergency when conditions exist or are imminent in one or more counties that compromise the county ability to provide a minimally adequate level of public safety services; before proclaiming the emergency, the Governor shall consult with the President and Majority and Minority Leaders of the Senate, the Speaker and Majority and Minority Leaders of the House and each Senator and Representative whose district is within the area of the proclamation; provides that the area of the proclamation may not be smaller than one county; after the proclamation and obtaining written authority by the majority of the governing body of each county subject to the proclamation, the Governor may enter into an intergovernmental agreement with any county, whether inside or outside the area covered by the proclamation, for performance of functions related to public safety; IGA to specify debts, liabilities, and obligations of the parties; the State shall bear 50 percent of the cost of services provided under the IGA; requires the counties to the IGA bear the other 50 percent of the cost, which may be funded through income and excise taxes (as surtax to the state income and excise taxes), a tax on telecommunications services with access to the 9-1-1 system, any assessment the county is lawfully capable of imposing, existing county revenues, or any combination of these sources; provides that the county ordinance imposing the tax may take effect without a vote of county electors, but may not declare an emergency; provides that the Governor's proclamation terminates after 18 months, unless extended for up to an additional 18 months, and the Governor shall terminate the proclamation when the emergency no longer exists; permits the legislature to terminate the proclamation at any time; after termination of the emergency, the income and excise taxes shall end on the next January 1st and other taxes or assessments shall end on the first day of the next calendar quarter; permits the counties to adopt an ordinance to ratify an intergovernmental entity created under the IGA. House Rules Committee 'do pass' as amended, to Ways & Means (6-27-13).
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Collective Bargaining Bill Moves Forward
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The Senate Rules Committee, chaired by Senator Diane Rosenbaum (D-Portland), passed legislation last Thursday that brings many senior and mid-level public safety managers into the same bargaining unit as those they currently supervise. House Bill 2418 would require a public safety manager to have the authority to impose "economic discipline" to be considered a "supervisor" for collective bargaining purposes. The bill was amended in committee to only apply to city police departments serving a population greater than 14,000 but would still apply to all 36 counties, in addition to all fire departments. An emergency clause was also added to the bill. AOC remains strongly opposed to the bill, as the ability to impose economic discipline has never been a requirement of supervisory status in Oregon. HB 2418 creates both policy and fiscal concerns for county public safety departments.
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Elections Legislation Making News
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Several Elections bills of strong interest to counties have recently either made it to the finish line or are close but stalled. Several bills that will save counties money now or in the future have passed both chambers. House Bill 2739, which would no longer mandate counties to send Voter Notification Cards (VNC's) for boundary changes, has passed both chambers and been signed by the Governor. County Clerks have estimated the bill would save counties up to $300,000 per decade because it would eliminate the necessity to send VNC's after each redistricting. Senate Bill 150 has now passed both chambers and is on its way to the Governor for signing. This bill would, among other things, eliminate the requirement that counties use different color ballots for primary elections to distinguish between political parties. Eliminating this requirement will save counties an estimated $76,000 per primary. Neither of these bills are earth-shaking but certainly helpful at a time when every dollar counts.
Two other bills of interest have now passed both chambers, House Bill 3344 and House Bill 2199. HB 3344 extends the time period for voters to clear up challenged ballots from 10 to 14 days. It also makes the name, address, and reason the ballot is being challenged a public record following the eighth day after of the election. HB 2199 clears up a conflict in statute around counties destroying unused ballots at 8p.m. on election night and instead requires additional safeguards around how counties secure unused ballots.
The most ambitious elections bill of the session, House Bill 3521, passed the House 32-28 last Tuesday but since then has remained stuck in the Senate. AOC remains firmly opposed to this bill as an expensive new unfunded mandate that has not been fully developed. Should the bill not pass this session, we look forward to further discussions with the Secretary of State on ways to improve the bill. If the bill becomes law, we look forward to working with the Secretary of State on opportunities to provide financial assistance to counties for carrying out the new policy.
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Industrial Land Development
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Senate Bill 246 and Senate Bill 253 cleared Full Ways and Means and are headed to the Senate Floor for a vote.
SB 246 includes a tax reimbursement program, in which the preparation costs for the site incurred by a local government would be fully paid back through 50 percent of the new income taxes generated on the site. Preparation costs eligible for loan forgiveness or reimbursement would be determined by Business Oregon, but would include site aggregation, transportation improvements, water and sewer infrastructure, natural resource or environmental mitigation and site grading. It also establishes a forgivable loan program where a portion of the loans made for the preparation of an industrial site would be forgiven.
SB 253 would provide grants to local governments to perform due diligence assessments of local industrial sites.
Specific funding for SB 246 and SB 253 is still in question as to whether it will be provided during this legislative session or future sessions, however, the tax reimbursement mechanism would be available.
House Bill 3267, which would allow for industrial land development in Malheur County, passed the Oregon House.
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Major Water Development Bill Flows Forward
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After approving the 19th version of amendments, the Ways & Means Natural Resources Subcommittee moved Senate Bill 839 as amended to the full Committee without objection. A product of months of discussions by a centrist work group, the bill will be a significant step forward for Oregon in funding development of its water resources through projects that provide environmental, economic, and social benefits. SB 839 follows closely the adoption last year of the Integrated Water Resources Strategy, strongly supported by AOC.
SB 839 creates a process for awarding both loans and grants for a host of different project types, including new or expanded above-ground storage, water conservation, infrastructure and efficiency improvements, reuse, stream flow protection, and more. The bill directs development of a scoring and ranking system based on the degree to which the projects provide public benefits in all three categories of economic, social, and environmental.
SB 839 also directs rulemaking to develop a methodology to set seasonally varying flows (SVF) for a stretch of waterway to allow storage of high flows that is compatible with the biological, ecological, and physical needs of rivers, fish, and wildlife. The Water Resources Department (WRD) may pay the costs of establishing SVFs out of the development account to relieve the applicants of this burden. SVFs would only apply to a funded project, but if it performs well, the use of SVFs may be expanded by future legislation.
SB 839 also includes provisions to allow WRD to fund two important existing projects: reallocation of existing Willamette Basin stored water and the comprehensive Deschutes Basin plan.
AOC has joined a group of stakeholders urging passage of SB 839 that includes Oregon Business Association, Association of Nurseries, League of Oregon Cities, Oregon Water Resources Congress, Special Districts Association, and the Freshwater Trust.
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Road User Charges
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The Legislature is leaning toward approving an expanded pilot project on road user charges rather than imposing fees on high mileage vehicles (over 55 mpg). After last week's Full Ways and Means hearing when it became clear that the 3/5 vote for the new road user charge was doubtful, legislators signaled their willingness to support Senate Bill 810 rather than House Bill 2453. Car dealers and manufacturers pushed back hard on establishing the road user charge which would have meant that Oregon would have been the first state to have such a fee on high mileage vehicles like electric cars.
SB 810 will allow ODOT the ability to develop the infrastructure necessary to handle road user charges in the future if the Legislature approves the charges in future biennia.
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OHA and DHS Budgets Moving Forward
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Last week the Oregon Health Authority (OHA) budget (House Bill 5030) and the Department of Human Services (DHS) budget (Senate Bill 5529) moved from the Ways and Means Subcommittee on Human Services to the full Ways and Means and on to the floors of the House and the Senate. The OHA Budget ($1.9B GF, $15.3B TF) and DHS budget ($2.3B GF, $9.1B TF) are two of the larger budgets the Legislature has to tackle. Several legislators voiced concern about increasing costs in health care delivery, particularly when the Affordable Care Act funding shifts from 100 percent federal funds to a 90/10 percent federal fund/general fund match.
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School Based Health Centers
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The school based health centers bill (House Bill 2445) was passed by the Senate Monday, July 1. Some of the bills highlights include:
- Defines school based health centers (SBHCs) and creates a state authorized program;
- Establishes rule making procedures and certification process for the program;
- Appropriates an additional $4 million to strengthen existing SBHCs and for the expansion of centers and services;
- Creates a funding pool for SBHCs to more fully participate in health care reform with CCOs;
- Outlines a work group to develop recommendations for SBHCs to address efficient care coordination and reimbursement; and
- Expands services to include vaccine administration.
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Early Learning Council and Youth Development Council
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The bills establishing the Early Learning Division (House Bill 3234) and the Youth Development Division (House Bill 3231) in the Department of Education was passed on Monday, July 1.
The other early learning related bills include Senate Bill 5518 (Education Budget) which has passed both chambers and House Bill 2013 (Early Learning) which has passed the House and is awaiting action in the senate. For more information contact AOC Staff Mark Nystrom.
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Predatory Towing
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The Senate amended House Bill 3159 so setting maximum rates for towing is allowable rather than required for cities and counties. The House voted to concur with the Senate amendments. The bill is aimed at dealing with predatory towing practices when vehicles are hauled away and charged high rates.
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Tax Credits
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The House passed the amended House Bill 3367 that included extensions and a number of changes to various tax credits:
- Increases the Earned Income credit from six to eight percent.
- Sets income limits of $200,000 for a joint return or $100,000 for single returns for claiming the political tax credit of $100 for a joint return or $50 for a single return.
- Extends the Cultural Tax Credit to the year 2020.
- Includes the requirement of at least 20 hours per week serving Medicare patients in order to claim the Rural Medical Provider credit.
- Increases the Rural Emergency Medical Services Volunteer credit from $250 to $500.
- Extends the manufactured housing credits to the year 2020.
- Increases the research and development cap to $2 million.
- Increases the film and video credit cap from $6 million to $15 million and increases allowable per film expenses from $750,000 to $1,000,000.
- Allows the transit credit to be taken in one year instead of five.
- Prohibits biomass tax credits for canola grown in the Willamette Valley.
- Sunsets the workers compensation credit.
- Creates a new manufacturing tax credit economic development incentive in place of the manufacturing business energy tax credit (BETC). This change allows the incentive for other manufacturers, not just renewable energy manufacturers. Imposes a cap of $50 million for a biennium.
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| West-side Commissioner Needed for ECAN | |
The Extension Citizens Advisory Network (ECAN) is a statewide advisory and advocacy group that works with the office of the director of the OSU Extension Service, based at Oregon State University. The network represents every county through appointments of citizens recommended by OSU field faculty. In addition, AOC appoints two of its members to represent the west and east sides of Oregon, as separated by the Cascades range.
The network meets two times a year in person and throughout the year by conference call. The appointments named by AOC serve a four-year term. Benton County Commissioner Linda Modrell has served as the west side AOC appointee for the last several years. Commissioner Mike Weimer from Gilliam County serves as the east side AOC appointee.
AOC President Mary Stern is seeking a county commissioner from the western half of the state to be named to the network for a new four-year term. If you are interested in serving, please contact Cara Fischer, 503.585.8351 for more information.
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County Representative on the Public Transportation Advisory Committee Needed!
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If you are interested in public transportation in your county, consider being part of the newly reconstituted Public Transportation Advisory Committee (PTAC). The PTAC is a standing committee of the Oregon Transportation Commission.
The PTAC has been asked to help set a new vision for public transportation in Oregon. PTAC will articulate the opportunities that transportation options and public transportation solutions present for a successful, connected intermodal system. The PTAC will need active, engaged members to complete this work within the next eighteen months. Here's a link to more information about PTAC.
Please contact Ann Hanus with any questions or if you are interested in serving.
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| NACo Drug Discount Program | |
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| Places To Go, Things To Do, Great Opportunities |
Oregon Economic Development Association (OEDA) in partnership with Business Oregon presents a half day seminar on preparing businesses for export. The seminar is part of OEDA's Summer Conference in Corvallis July 18-19.
Oregon Department of Energy - Siting Division - Special Advisory Group and Reviewing Agency Seminar - July 17th - 10:00 am - 3:00 pm at the Tamastslikt Cultural Institute in Pendleton. More information, contact Shanda at ODOE.
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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
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