75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to RC to A-Eng. HB 2167
LC 475/HB 2167-A2
SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
A-ENGROSSED HOUSE BILL 2167
By JOINT COMMITTEE ON WAYS AND MEANS
June 26
On page 3 of the printed A-engrossed bill, after line 16,
insert:
' { + SECTION 3. + } { + If House Bill 2168 becomes law,
section 1 of this 2009 Act (amending ORS 401.808) is repealed and
ORS 401.808, as amended by section 21, chapter 203, Oregon Laws
2009 (Enrolled House Bill 2168), is amended to read: + }
' 401.808. (1) The Office of Emergency Management shall
distribute quarterly the entire amount of the moneys in the
Emergency Communications Account { - beginning in June 1982 - }
. The office shall pay the following amounts from the account:
' (a) Administrative costs incurred during the preceding
calendar quarter by the Department of Revenue in carrying out ORS
401.792 to 401.804 in an amount that does not exceed one-half of
one percent of the amount in the account on the date of
distribution, or actual expenses incurred by the department,
whichever is less.
' (b) Administrative costs { + to be + } incurred during the
{ - preceding - } calendar quarter by the Office of Emergency
Management in carrying out its duties under ORS 305.823 and
401.710 to 401.816 { - in an amount that does - } { + . The
amount to be paid under this paragraph may + } not exceed four
percent of the amount in the account on the date of distribution,
{ - or - } { + and, on or before the next date of
distribution, the office shall repay to the account any amount
received under this paragraph that exceeds the + } actual
expenses incurred by the office { - , whichever is less - }
{ + in the quarter + }.
' (2) The office may:
' (a) Provide funding for the Oregon Emergency Response System
in an amount that does not exceed 15 percent of the legislatively
approved budget for the Oregon Emergency Response System subject
to availability of funds within the limit for administrative
costs in subsection (1)(b) of this section.
' (b) Prescribe the manner in which funding is provided to the
Oregon Emergency Response System under this subsection.
' (3) The office shall use funds in the Enhanced 9-1-1
Subaccount to pay for costs incurred during the preceding
calendar quarter for enhanced 9-1-1 telephone service established
pursuant to ORS 401.720. The office may not disburse funds in the
Enhanced 9-1-1 Subaccount to a 9-1-1 jurisdiction that does not
have an approved final plan as required in section 7, chapter
743, Oregon Laws 1991. The office shall make payments for
reimbursement only after a reimbursement request has been
submitted to the office in the manner prescribed by the office.
Reimbursement requests for recurring and nonrecurring charges
necessary to enable the 9-1-1 jurisdiction to comply with ORS
401.720 must be submitted directly to the office. The costs
reimbursable under this subsection are only those incurred for:
' (a) Modification of central office switching and trunking
equipment;
' (b) Network development, operation and maintenance;
' (c) Database development, operation and maintenance;
' (d) On-premises equipment procurement, maintenance and
replacement;
' (e) Conversion of pay station telephones required by ORS
401.770;
' (f) Collection of the tax imposed by ORS 401.792 to 401.804;
and
' (g) Addressing if the reimbursement request is consistent
with rules adopted by the office.
' (4) Subject to availability of funds, the office shall
provide funding to 9-1-1 jurisdictions that have enhanced 9-1-1
telephone service operational prior to December 31, 1991, based
on cost information provided in their final plan required in
section 7, chapter 743, Oregon Laws 1991. The office shall
approve final plans submitted that meet the minimum requirements
set forth in ORS 401.720 (2) and (4). The office shall limit
funding for costs incurred prior to the preceding calendar
quarter to charges associated with database development, network
and on-premises equipment that satisfies the requirements of ORS
401.720 (2) and (4). The office shall prescribe the manner in
which funding is provided under this subsection.
' (5) 9-1-1 jurisdictions may use funds distributed to the
jurisdiction from any account described in ORS 401.806 to repay
loans from the Special Public Works Fund if the loans were used
for purposes that are allowable under ORS 401.710 to 401.816.
' (6) The office shall retain amounts remaining in the Enhanced
9-1-1 Subaccount and may distribute the amounts in a subsequent
quarter for those purposes set forth in subsections (3), (4) and
(5) of this section.
' (7) The office shall review reimbursement requests for
modification of central office switching and trunking equipment,
conversion of pay station telephones, and network development,
operation and maintenance costs necessary to comply with ORS
401.720 for the appropriateness of the costs claimed. The office
shall approve or disapprove the reimbursement requests.
' (8) The office shall review reimbursement requests for
database development, operation and maintenance, and on-premises
equipment procurement, maintenance and replacement costs
necessary to comply with ORS 401.720 for the appropriateness of
the costs claimed.
' (9) After all amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) have been paid, the office shall
distribute the balance of the Emergency Communications Account to
cities on a per capita basis and to counties on a per capita
basis of each county's unincorporated area for distribution to
9-1-1 jurisdictions within the city or county. However, each
county must receive a minimum of one percent of the balance of
the account after the amounts under subsections (1) and (2) of
this section and ORS 401.806 (2) have been paid. A city or county
shall pay each 9-1-1 jurisdiction whose 9-1-1 service area
includes all or part of the city or county.
' (10) Notwithstanding subsection (9) of this section, a city
or county may have its quarterly distribution made payable and
sent to the 9-1-1 jurisdiction responsible for providing the
services required in ORS 401.720.
' (11) 9-1-1 jurisdictions shall submit an accounting report to
the office annually. The report must be provided in the manner
prescribed by the office and must include but not be limited to:
' (a) Funds received and expended under subsection (9) or (10)
of this section for the purposes of fulfilling the requirements
of ORS 401.720;
' (b) Local funds received and expended for the purposes of
fulfilling the requirements of ORS 401.720; and
' (c) Local funds received and expended for the purposes of
providing emergency communications services.
' { + SECTION 4. + } If House Bill 2168 becomes law, section
2 of this 2009 Act is amended to read:
' { + Sec. 2. + } Notwithstanding the amendments to ORS
401.808 by section { - 1 - } { + 3 + } of this 2009 Act:
' (1) On the first date of distribution after the effective
date of this 2009 Act, the Office of Emergency Management shall
pay administrative costs of the office incurred in carrying out
its duties under ORS 305.823 and 401.710 to 401.816 for the
calendar quarter described in ORS 401.808 { - (2) - }
{ + (1)(b) + } and for the preceding quarter.
' (2) The amount paid under subsection (1) of this section may
not exceed eight percent of the amount in the Emergency
Communications Account on the date of distribution.'.
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