Public Records

House Bill 3505 was introduced to address issues raised by the events leading up to the resignation of Governor Kitzhaber. However, there are a number of provisions in the bill that would significantly burden local government.  

On April 27th, the bill received a hearing before the House Rules Committee. AOC members provided the committee with oral and written testimony in opposition to the bill, pointing out its flaws and burdens. Clackamas County Commissioner Jim Bernard explained the practical application of the bill, leaving the committee with no doubt that the bill, as written, would create more problems than solutions. Although it is likely that the Legislature will do something to address the public records issues leading up to the resignation of Governor Kitzhaber, it is very unlikely it will be in the form of HB 3505.

Labor Relations

House Bill 2544, which would provide for binding arbitration for unresolved interim collective bargaining issues for strike permitted units, received a hearing before the Senate Workforce Committee on April 27th. AOC and others have been working hard to stop the bill from moving forward in the Senate.  

Columbia County Commissioner Earl Fisher testified in opposition to the bill, explaining to the committee how the Columbia County example used by the unions to promote the bill actually cuts against the bill by impairing the ability to promptly deal with economic crises. Julia Getchell, Clackamas County's labor & employee relations manager, pointed out additional problems that would be created by the bill. Opponents of the bill also received a boost from a recent Oregonian editorial.

Marijuana 

The Joint Committee on Implementing Measure 91 continues to struggle to find consensus. It is May 5, 2015, and the committee has yet to move a single piece of legislation, or even begin real work on adjustments to Measure 91.  

The committee is currently attempting to clear one of two big bills off its plate, namely Senate Bill 844. That bill  is designed to make adjustments to the Oregon Medical Marijuana Program (OMMP) to ensure the program's supply chain does not continue to leak tremendous amounts of marijuana into the black market, and thus undercut the new retail program. A big sticking point is the issue of local control. The committee has adopted the Dash-6 and Dash-7 amendments into the bill, and is poised to adopt the Dash-17 amendments as well, which would restore possession limits that were completely removed by the Dash-6 amendments.  

However, that resulting bill would do at least three things that AOC is still strongly opposed to: (1) preempt local opt out of any medical marijuana business; (2) narrow the scope of local authority for time, place, and manner restrictions; and (3) severely limit law enforcement access to the medical marijuana supply chain database.  

AOC has been working hard to ensure that any such bill would not pass the Senate.  A new wrinkle came up at the hearing before the committee on May 4, 2015, with written testimony from Governor Kate Brown and a presentation and testimony from the Oregon Health Authority, pointing out issues with the bill that should be resolved.

AOC Legal Counsel Rob Bovett is our resident expert on marijuana legislation.

Isn't that special?     

Rumors abound at the Capitol about a special session to consider a transportation package. Although the Governor, business leaders, and legislators of both parties and chambers have expressed their strong support for a package, we continue to be at a standstill. After warning they would do so, the Republicans walked away from discussions when the Low Carbon Fuel Standards (LCFS) Bill was passed along party lines.

Acknowledging the reality that Republicans become targets any time they vote for a tax, several legislators stated that the intention at the beginning of the session was to put as much space as possible between a vote for the transportation package and the next election. Because of LCFS, that space is shrinking. Even in the very unlikely event LCFS was to be repealed, there's little hope a package will be presented and accepted because the parties have not been involved in negotiating a package. The Legislature is running out of time in the regular session. 

Is a special session addressing a transportation package a possibility? Insiders say it's doubtful. There are simply too many moving parts -- some that could become sensitive campaign issues, and with an election just around the corner the will to act is just not there. 

Regardless of what happens with a transportation package, commissioners and judges should take every opportunity to inform their legislators and our citizens about the status of the county road system. During county budget meetings be sure to discuss the transportation needs in your county, whether it's road repair, pavement preservation, bridge repair or replacement, culvert repair, or safety upgrades. The County Road Needs Study estimates that Oregon counties face an annual shortfall of $505 million for the upkeep of the transportation system. How much of that shortfall belongs to your county?

Alphabet Soup (or - how many acronyms can we fit in this paragraph?)

In the event there is no transportation package, AOC has been working with the League of Oregon Cities (LOC) and the Oregon Department of Transportation (ODOT) to prevent the loss of State Highway Funds (SHF) as a result of two Department of Motor Vehicles (DMV) programs.  

The cost of the DMV's Service Transformation Program (STP) and the DMV Debit/Credit Acceptance would take an estimated $39 million off the top of the SHF in the 2015-17 biennium, resulting in the loss of nearly $9 million to counties. Although AOC agrees there are definite needs to modernize the system used by DMV and to enable customers to pay with debit/credit cards, counties cannot afford to take the hit associated with paying for these programs. 

AOC, LOC, and ODOT staff worked with Legislative Counsel (LC) to draft language for insertion in HB 3256 that would identify funding sources for these two programs. We are still not sure if this will be a gut & stuff or just a stuff. AOC Policy Manager Mary Stern, along with staff from LOC and ODOT, will meet with the sponsor of HB 3256 late on Tuesday (5/5).  More to come!

Rural Industrial Incentives

SB 938 would establish a new property tax abatement program that may be available by choice of the county for traded sector businesses with newly constructed or installed industrial improvements. This program would require the county to specify by ordinance the minimum real market value of the investment -- a minimum of $2 million, and a maximum of $10 million -- applying to all future investments that seek the exemption in that county. 

AOC raised several concerns about the bill at a Senate Revenue Committee hearing, most importantly that the new program has no ties to economic development (i.e. job creation/retention or increased wages) and it could be retroactive to 2014. Senators Mark Hass, D-Beaverton, and Brian Boquist, R-Dallas, expressed a desire to put a small workgroup together to try to find a way to create some more incentives for rural businesses. AOC Policy Manager Mary Stern will be participating in that workgroup along with representatives from the assessors and LOC. 

At the April AOC Legislative Committee meeting, AOC took a neutral position on the bill, expressing grave concerns. These concerns were shared with the workgroup at its first meeting on Wednesday, April 29. Mary Stern and Jim McCauley of Washington County serve on this workgroup, along with representatives of the Assessors and LOC. Several more meetings of the workgroup will be held. 

AOC Policy Manager Mary Stern navigates transportation issues along with community and economic development.

The AOC Legislative Committee, steering committees and board of directors are scheduled to meet May 11th at the Local Government Center in Salem. With the legislative session in full throttle, there will be plenty of discussion over pending legislative issues and proposals and your attendance is requested. Lunch will be served.  

You should have received copies of the agendas in your email. If you haven't, please contact the AOC office at 503-585-8351 and we will make every attempt to see that you get what you need. If you have questions, please feel free to call.  

We look forward to seeing you in Salem on the 11th!

AOC to join public safety, business, human services advocates for lobby day on justice reinvestment May 14th 

County judges and commissioners will join sheriffs, district attorneys, community corrections directors and other advocates for a lobby day on justice reinvestment funding on May 14.  

AOC will join public safety groups and the Oregon Coalition for Safety and Savings, which is comprised of victim services advocates, criminal defense lawyers, business leaders, and human services stakeholders. The lobby day continues these groups' efforts in continuing full funding for the justice reinvestment grant program, created by House Bill 3194 in 2013. Recent prison forecast projections and savings from prison diversion could mean up to $53 million in funding for counties for reentry and recidivism reduction programs.

Judges and commissioners are needed in full force for the May 14th event, which runs from approximately noon to 5 p.m. Please contact AOC Public Safety Policy Manager Patrick Sieng to RSVP. Appointments with legislators are already scheduled, so those signing up will be plugged into those meetings with other stakeholders.

AOC Policy Manager Patrick Sieng keeps an eye on public safety issues and carries a badge.

Department of Land Conservation and Development (DLCD) Budget

Last week the Ways & Means Natural Resources Subcommittee announced that it would be cutting $10 million from the various natural resources agencies. On Wednesday morning they moved the Department of Land Conservation and Development's budget to the full Ways & Means Committee with only one of the policy option packages DLCD requested.

The Governor's Recommended Budget increased grants available to local communities by $500,000 for the biennium, included approximately $500,000 for natural hazards planning technical assistance and included funding for planning assistance related to the Sage Grouse. These programs were not included in the subcommittee's budget and overall DLCD's budget was reduced by approximately $2 million when compared to the Governor's Recommended Budget.

Natural Hazard Bills Move Forward

At the same time three natural hazard bills which all call for rulemaking at DLCD for areas at risk of tsunami, coastal erosion and landslides and then adoption of these rules by the local government continue to move. SB 94, HB 2633 and HB 3447 all have their unique qualities but have all passed the first hurdle. It is assumed that one of these bills will receive attention from the Ways and Means subcommittee. AOC is concerned that adopting new rules without funding for local governments and with cuts to DLCD's technical support will result in further burdens for Oregon's coastal counties.

Pesticide Bill released

AOC Policy Manager Mark Nystrom handles energy, environment & land use issues.

Veterans Update

House Bill 2036 passed unanimously in the House and is now moving quickly toward the Senate Floor. HB 2036 combines three border-to-border highway initiatives to name the remaining balance of Oregon's highways in honor of veterans of the First World War, the Korean War, the Persian Gulf War and the Global War on Terror.

HB 2036  would create the following highway designation in honor of veterans:

• A portion of U.S. Highway 395 as the "World War I Veterans Memorial Highway;"
• Interstate 5 as the "Korean War Veterans Memorial Highway" and "Purple Heart Trail;" and
• U.S. Highway 101 as the "Persian Gulf, Afghanistan and Iraq Veterans Memorial Highway."

 

AOC Policy Manager  Andrew Smith is in charge of the Veterans' portfolio. 

NACo and Nationwide Retirement Solutions are pleased to announce the "Aspire Award: Honoring Innovative Leadership in Promoting County Employee Retirement Savings." The award has been established to recognize county plan sponsors in the NACo Deferred Compensation Program who have developed and implemented innovative approaches to help create opportunities for their employees to be retirement ready. 

Applications must be received by NACo no later than close of business May 15, 2015.

Please review the guidelines for further information. Please address questions to Lisa Cole at NACo or 202-942-4270.