71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2850
 
LC 2250/HB 2850-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2850
 
              By COMMITTEE ON GOVERNMENT EFFICIENCY
 
                             May 21
 
  On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section:
  ' (a) 'City Property Tax Rate' means the actual rate of
operating taxes, as defined in ORS 310.055, certified by a city
for the latest tax year under ORS 310.060.
  ' (b) 'City Public Safety Factor' means the ratio of the total
amount of city operating expenditures for public safety for the
preceding fiscal year over the total amount of city revenues
received from operating taxes under ORS 310.055 for the preceding
fiscal year.
  ' (c) 'Estimated State Building Assessed Value' means the real
market value of state-owned buildings and facilities located
within this state, multiplied by the ratio of the average maximum
assessed value over the average real market value, as those terms
are defined in ORS 308.149, for commercial property in the county
in which the state-owned building or facility is located and for
the tax year for which payment is sought.
  ' (d) 'Operating expenditures for public safety' means the
total amount expended for services, materials and capital outlay
in providing public safety, as determined by annual audited
financial statements or annual unaudited financial statements if
an audit is not otherwise required.
  ' (e) 'Public safety' means police and fire protection.
  ' (f) 'Real market value' has the meaning given that term in
ORS 308.205. For the purposes of this section, the real market
value of a state-owned building or facility shall be determined
by the county assessor of the county in which the state-owned
building or facility is located.
  ' (g) 'Rural Fire Protection District Property Tax Rate ' means
the actual rate of operating taxes, as defined in ORS 310.055,
certified by a rural fire protection district for the latest tax
year under ORS 310.060.
  ' (h) 'Rural Fire Protection District Public Safety Factor '
means the ratio of the total amount of rural fire protection
district operating expenditures for public safety for the
preceding fiscal year over the total amount of rural fire
protection district revenues received from operating taxes under
ORS 310.055 for the preceding fiscal year.
  ' (i) 'State-owned buildings and facilities' means buildings
that are owned by the state and used in conjunction with
providing state services to the public. Bare land, roads,
bridges, equipment and personal property owned by the state do
not constitute facilities for the purposes of this section.
  ' (2)(a) A city or rural fire protection district may request
that the Oregon Department of Administrative Services make a
payment calculated under subsection (4) or (5) of this section to
the city or rural fire protection district for public safety
services provided to state-owned buildings and facilities:
 
  ' (A) Located within the jurisdiction of the city or rural fire
protection district;
  ' (B) For which the state does not pay any taxes or other
payments in lieu of taxes; and
  ' (C) That receive local police protection or assistance, fire
protection or emergency medical services provided by the city or
rural fire protection district.
  ' (b) All cities and rural fire protection districts shall
provide local police protection or assistance, fire protection or
emergency medical services to a state-owned building or facility
within its jurisdiction, regardless of whether the city or rural
fire protection district made a request for payment under
paragraph (a) of this subsection.
  ' (3)(a) A city or rural fire protection district that makes a
request for payment under subsection (2) of this section shall
submit an annual request in writing to the Oregon Department of
Administrative Services. The city or rural fire protection
district shall include with the request a copy of the city's or
rural fire protection district's most recent annual audited
financial statement or annual unaudited financial statement if an
audit is not otherwise required.
  ' (b) The Oregon Department of Administrative Services shall
obtain from the county assessor or the Department of Revenue the
City Property Tax Rate or Rural Fire Protection District Property
Tax Rate for the purpose of calculating the payment under
subsection (4) or (5) of this section.
  ' (4) The amount of the payment for cities shall be calculated
by the Oregon Department of Administrative Services for each
fiscal year using the formula (Estimated State Building Assessed
Value) X (City Property Tax Rate) X (City Public Safety Factor).
  ' (5) The amount of the payment for rural fire protection
districts shall be calculated by the Oregon Department of
Administrative Services for each fiscal year using the formula
(Estimated State Building Assessed Value) X (Rural Fire
Protection District Property Tax Rate) X (Rural Fire Protection
District Public Safety Factor).
  ' (6) A payment by the Oregon Department of Administrative
Services shall be made to each city or rural fire protection
district that requests payment under subsection (2) of this
section. Payment shall be made from the City and Rural Fire
Protection District Public Safety Account created under section 2
of this 2001 Act and shall be paid annually on a schedule
determined by the Oregon Department of Administrative Services by
rule.
  ' (7)(a) The Oregon Department of Administrative Services shall
determine the amount of moneys necessary to make payments
required under this section.
  ' (b) If the sum of the payments under subsections (4) and (5)
of this section is determined to be greater than the account
balance in the City and Rural Fire Protection District Public
Safety Account, the department shall proportionally reduce the
payments.
  ' (c) If the department must proportionally reduce payments
under paragraph (b) of this subsection, claims for payment that
are not fulfilled because of the reduction may not accrue to
cities or rural fire protection districts. + }
  '  { +  SECTION 2. + }  { + The City and Rural Fire Protection
District Public Safety Account is created separate and distinct
from the General Fund. Moneys in the account shall come from
biennial appropriations made by the Legislative Assembly. Moneys
in the account are continuously appropriated to the Oregon
Department of Administrative Services for the purpose of making
the payments described in section 1 of this 2001 Act. + }
  '  { +  SECTION 3. + }  { + Notwithstanding section 1 of this
2001 Act, for fiscal years beginning:
 
  ' (1) In the biennium beginning July 1, 2003, the payment made
under section 1 of this 2001 Act may not exceed 15 percent of the
amount computed under section 1 (4) or (5) of this 2001 Act.
  ' (2) In the biennium beginning July 1, 2005, the payment made
under section 1 of this 2001 Act may not exceed 30 percent of the
amount computed under section 1 (4) or (5) of this 2001 Act.
  ' (3) In the biennium beginning July 1, 2007, the payment made
under section 1 of this 2001 Act may not exceed 60 percent of the
amount computed under section 1 (4) or (5) of this 2001 Act. + }
  '  { +  SECTION 4. + }  { + Sections 1 and 2 of this 2001 Act
apply to payments based on public safety services provided on or
after July 1, 2003, and made in fiscal years beginning on or
after July 1, 2003. + } ' .
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