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

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)

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 as introduced.

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.

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 determination by Governor that emergency no longer exists. Authorizes department to charge fee for actual costs of services.

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.

Takes effect on 91st day following adjournment sine die.

Relating to county services; creating new provisions; amending ORS 246.200, 406.454 and 455.042; and prescribing an effective date.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 246.200 is amended to read:

246.200. (1) Except as otherwise provided by law, the county clerk is the only elections officer who may conduct an election in this state. For purposes of this section, the conduct of an election includes, but is not limited to, establishing precincts, preparing ballots and sample ballots, and receiving and processing votes.

(2) Notwithstanding subsection (1) of this section:

(a) The county clerk is not the only elections officer who may accept and verify a filing for nomination or filing of a petition, prepare a voters' pamphlet or ballot title, or prepare or publish an election notice { + . + } { - ; and - }

(b) The Secretary of State may receive ballots as provided in ORS 253.585.

{ + (c) If the Governor declares a public safety services emergency for a county, as described in ORS 203.095, the Secretary of State may assume any or all election-related duties, functions or powers of the county clerk of the county. + }

SECTION 2. 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 3. { + (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) The department may charge a county a fee in an amount sufficient to reimburse the department for the actual costs to the department of providing services pursuant to subsection (4) of this section.

(b) Not later than September 15 of each fiscal year to which this section applies, the department shall notify the county tax collector or other county official responsible for preparing the percentage distribution schedule under ORS 311.390 of the total amount of the fee chargeable under this subsection.

(c) The fee shall be payable from the county's unsegregated tax collections account described in ORS 311.385 and shall be paid over to the department at the same time and in the same manner as taxes are distributed under ORS 311.395.

(6)(a) 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.

(b) Upon issuance of a determination pursuant to this subsection, the county shall resume providing property tax assessment services and property tax collection services, as applicable, to all municipal corporations in the county. + }

SECTION 4. 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)(c) 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 5. { + 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. + }
Source: www.leg.state.or.us/13reg/measures/hb2200.dir/hb2206.intro.html

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