75th OREGON LEGISLATIVE ASSEMBLY--2009 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 475
(To Resolve Conflicts)
B-Engrossed
House Bill 2167
Ordered by the Senate June 26
Including House Amendments dated June 9 and Senate Amendments
dated June 26 to resolve conflicts
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Oregon Military Department)
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.
Modifies timing of payment of certain administrative expenses
of Office of Emergency Management from moneys in Emergency
Communications Account.
A BILL FOR AN ACT
Relating to distribution of 9-1-1 taxes; creating new provisions;
and amending ORS 401.808.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 401.808 is amended to read:
401.808. 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:
(1) Administrative costs incurred during the preceding calendar
quarter by the Department of Revenue in carrying out ORS 401.792
to 401.804. The amount paid to the department shall 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.
(2) 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. The amount paid to the office { + under this
subsection + } shall 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 subsection that
exceeds the + } actual expenses incurred by the office { - ,
whichever is less - } { + in the quarter + }. The office may
provide funding under this subsection for the Oregon Emergency
Response System in an amount not to exceed 15 percent of the
legislatively approved budget for the Oregon Emergency Response
System. Funding provided to the Oregon Emergency Response System
under this subsection shall be in the manner prescribed by the
office and shall be subject to the availability of funds for such
funding.
(3) Funds in the Enhanced 9-1-1 Subaccount shall be used to pay
for costs incurred during the preceding calendar quarter for
enhanced 9-1-1 telephone service established pursuant to ORS
401.720. Enhanced 9-1-1 subaccount funds shall not be disbursed
to a 9-1-1 jurisdiction which does not have an approved final
plan as required in section 7, chapter 743, Oregon Laws 1991.
Payments shall be made only after a reimbursement request has
been submitted to the Office of Emergency Management 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 shall be submitted
directly to the Office of Emergency Management. The costs payable
under this section 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) 9-1-1 jurisdictions who have enhanced 9-1-1 telephone
service operational prior to December 31, 1991, shall receive
funding based on cost information provided in their final plan
required in section 7, chapter 743, Oregon Laws 1991. Plans
submitted which meet the minimum requirements set forth in ORS
401.720 (2) and (4) shall be approved. Funding for costs incurred
prior to the preceding calendar quarter shall be limited to
charges associated with database development, network and
on-premises equipment which satisfy the requirements of ORS
401.720 (2) and (4). Funding under this section shall be in the
manner prescribed by the office and subject to the availability
of funds therefor.
(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) Any amounts remaining in the Enhanced 9-1-1 Subaccount
shall be retained by the Office of Emergency Management and may
be distributed in any subsequent quarter for those purposes set
forth in subsections (3), (4) and (5) of this section.
(7) The Enhanced 9-1-1 Equipment Replacement Subaccount shall
be used by the Office of Emergency Management to provide funds to
replace and upgrade equipment to carry out the provisions of ORS
401.710 to 401.816. If at any time unexpended and unobligated
balances in the subaccount exceed $500,000, such excess amount
shall be transferred and credited to the Emergency Communications
Account and shall be used for the purposes otherwise provided by
law.
(8) 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.
(9) 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.
(10) After all amounts under subsections (1) and (2) of this
section and ORS 401.806 (2) and (3) have been paid, the balance
of the Emergency Communications Account shall be distributed 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, but each county
shall 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) and (3) have been paid. A 9-1-1
jurisdiction whose 9-1-1 service area includes more than one city
or county shall receive funds from each city or county involved.
(11) Notwithstanding subsection (10) 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.
(12) 9-1-1 jurisdictions shall submit an accounting report to
the office annually. The report shall be provided in the manner
prescribed by the office, and shall include but not be limited
to:
(a) Funds received and expended under subsection (10) or (11)
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 2. { + Notwithstanding the amendments to ORS 401.808
by section 1 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) 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. + }
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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