71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
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 2250
A-Engrossed
House Bill 2850
Ordered by the House May 21
Including House Amendments dated May 21
Sponsored by Representative JENSON (at the request of Pete Wells,
Pendleton City Attorney)
SUMMARY
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.
Directs Oregon Department of Administrative Services to
{ - contract to - } pay for city { + or Rural Fire Protection
District + } public safety services provided to { - state real
property, - } { + state-owned buildings and facilities + } if
city { + or district + } so requests. { + Requires cities and
districts to provide public safety services to state-owned
buildings and facilities within their jurisdiction. + }
Establishes formula for payment.
Applies to city { + and district + } public safety services
furnished in years beginning on or after July 1, 2003. Phases in
payment formula.
A BILL FOR AN ACT
Relating to state payment for city public safety services; and
appropriating money.
Be It Enacted by the People of the State of Oregon: + }
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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