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


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-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2206

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)

                     CHAPTER ................

                             AN ACT

Relating to county services; creating new provisions; amending
  ORS 306.125 and 406.454; 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.

Enrolled House Bill 2206 (HB 2206-B)                       Page 1

  (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

Enrolled House Bill 2206 (HB 2206-B)                       Page 2

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

Enrolled House Bill 2206 (HB 2206-B)                       Page 3

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.  { + No later than February 28, 2017, the Secretary
of State, the Director of Veterans' Affairs and the Director of
the Department of Revenue 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

Enrolled House Bill 2206 (HB 2206-B)                       Page 4

agency in implementing the respective provisions of this 2013 Act
and may include recommendations for legislation. + }
  SECTION 7.  { + 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. + }
                         ----------

Passed by House June 14, 2013

Repassed by House July 6, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate July 3, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2206 (HB 2206-B)                       Page 5

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2206 (HB 2206-B)                       Page 6
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