Bill Text: OR HB4176 | 2012 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to counties in fiscal distress; appropriating money; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2012-03-27 - Chapter 76, (2012 Laws): Effective date March 27, 2012. [HB4176 Detail]

Download: Oregon-2012-HB4176-Engrossed.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

HA to A-Eng. HB 4176

LC 314/HB 4176-A13

                       HOUSE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 4176

              By JOINT COMMITTEE ON WAYS AND MEANS

                             March 2

  On page 1 of the printed A-engrossed bill, line 2, after '
203.100;' insert 'repealing ORS 203.095 and 203.100;
appropriating money; limiting expenditures;'.
  After line 3, insert:
  ' Whereas counties that received federal payments pursuant to
the Secure Rural Schools and Community Self-Determination Act of
2000 (P.L. 106-393) are experiencing significant budget
shortfalls that compromise public health and safety, undermine
funding for county roads and exacerbate job losses; and
  ' Whereas it is in the best interest of the state to provide
counties with a tool that would facilitate a collaborative
process to identify solutions and mitigate the impact of the loss
of Secure Rural Schools and Community Self-Determination Act of
2000 funds; now, therefore,'.
  Delete lines 6 through 12 and insert:
  ' 203.095. (1)(a) The governing body of a county may seek a
declaration of a fiscal emergency by requesting in writing that
the Governor review and analyze state-required services provided
by the county if:
  ' (A) The governing body of the county believes that the county
is in a state of fiscal distress that compromises the county's
ability to provide a minimally adequate level, currently or
within the next fiscal year, of any service that a county is
required to provide by state law; and
  ' (B) For the fiscal year beginning July 1, 2007, the county
received federal payments pursuant to the Secure Rural Schools
and Community Self-Determination Act of 2000 (P.L. 106-393) in an
amount equal to at least 10 percent of the county's property tax
revenues, excluding bonds.
  ' (b) A county making a request under this subsection shall
include with the request an estimated amount needed to fund the
fiscal assistance board that would be established under
subsection (4) of this section and the proposed sources of those
funds.'.
  On page 2, line 19, after 'officials,' insert 'including but
not limited to members of the county governing body, the county
assessor, clerk, tax collector, court administrator, district
attorney and judges,'.
  In line 21, after 'alternatives' insert ', service delivery
alternatives'.
  In line 23, after 'restore' insert 'or sustain'.
  In line 32, delete 'or'.
  After line 32, insert:
  ' (h) Enter into intergovernmental agreements or other service
delivery structures involving other public entities; or'.
  In line 33, delete '(h)' and insert '(i)'.
  In line 45, after 'section.' insert 'The update shall include a
report on the costs of the fiscal assistance board, the revenues
used by the board to pay those costs and the sources of the
revenues so used.'.
  On page 3, line 2, after 'restored' insert 'or sustained'.
  In line 5, after 'restored' insert 'or sustained'.
  On page 4, delete lines 35 through 45.
  On page 5, delete lines 1 through 7 and insert:
  '  { +  SECTION 3. + }  { + (1) At least one-half of the costs
of administering a fiscal assistance board established under ORS
203.095 must be paid by the county that has been declared to be
in fiscal distress. The county shall deposit the moneys necessary
to pay the county's share in the fund established under
subsection (2) of this section. The remainder of the costs of
administering a fiscal assistance board established under ORS
203.095 shall be paid from moneys appropriated from the General
Fund or allocated by the Emergency Board to the Oregon Department
of Administrative Services.
  ' (2) The Fiscally Distressed Counties Fund is established,
separate and distinct from the General Fund. Interest earned by
the Fiscally Distressed Counties Fund shall be credited to the
fund. The Fiscally Distressed Counties Fund shall consist of
moneys deposited by counties under subsection (1) of this section
and moneys contributed to the fund from any other source, public
or private. Moneys in the Fiscally Distressed Counties Fund are
continuously appropriated to the Oregon Department of
Administrative Services for the purpose of establishing and
administering fiscal assistance boards for fiscally distressed
counties under ORS 203.095.
  ' (3) If more than one county has been declared by the Governor
as being in fiscal distress, the Fiscally Distressed Counties
Fund shall be divided into separate accounts holding moneys
dedicated to the administration of the fiscal assistance board
for each county.
  ' (4) When the Governor declares that the fiscal emergency for
a county has ended, all moneys remaining in the Fiscally
Distressed Counties Fund that have been deposited for the purpose
of administering the fiscal assistance board for that county must
be returned, on a pro rata basis, to the county. + }
  '  { +  SECTION 4. + }  { + Notwithstanding any other law
limiting expenditures, the amount of $1 is established for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the Oregon Department of
Administrative Services from the Fiscally Distressed Counties
Fund. + }
  '  { +  SECTION 5. + }  { + ORS 203.095 and 203.100 are
repealed on January 2, 2014. + }
  '  { +  SECTION 6. + }  { + If ORS 203.095 and 203.100 are
repealed, any moneys remaining in the Fiscal Distressed Counties
Fund on January 2, 2014, shall be returned as prescribed in
section 3 (4) of this 2012 Act. + } ' .
  In line 8, delete '4' and insert '7'.
                         ----------

feedback