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 2515
A-Engrossed
House Bill 2436
Ordered by the House February 10
Including House Amendments dated February 10
Sponsored by Representative SCHAUFLER (at the request of Oregon
Housing Alliance, Oregon Association of Realtors, Oregon
Bankers Association, Oregon Home Builders Association)
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.
Establishes fee for recording of documents in deed and mortgage
records of county. Directs county clerk to transfer amounts
collected to Housing and Community Services Department to fund
housing programs of department.
Modifies affordable housing programs and requires rulemaking.
Establishes General Housing Account in Oregon Housing Fund.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to public programs for housing; creating new provisions;
amending ORS 205.320, 205.323, 294.184, 294.187, 306.815,
458.610, 458.620 and 458.655; prescribing an effective date;
and providing for revenue raising that requires approval by a
three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 205.320, as amended by section 14, chapter 99,
Oregon Laws 2007, is amended to read:
205.320. In every county there shall be charged and collected
in advance by the county clerk, for the benefit of the county,
the following fees, and no more, for the following purposes and
services:
(1) For filing and making entry when required by law of any
instrument required or permitted by law to be filed, when it is
not recorded, $5 for each page.
(2) For filing and making entry of the assignment or
satisfaction of any filed, but not recorded, instrument, $5 for
each page.
(3) For each official certificate, $3.75.
(4)(a) For purposes of this subsection, 'page' means one side
of a sheet 14 inches, or less, long and 8-1/2 inches, or less,
wide.
(b) For recording any instrument required or permitted by law
to be recorded, $5 for each page, but the minimum fee shall not
be less than $5.
(c) For supplying to private parties copies of records or
files, not more than $3.75 for locating a record requested by the
party and 25 cents for each page.
(d) For each official certificate, $3.75.
(5) For taking an affidavit for and making and issuing a
marriage license and registering the return of the license, or
for taking an affidavit for and registering a Declaration of
Domestic Partnership, $25.
(6) For solemnizing a marriage under ORS 106.120, $25. This
subsection does not require that the county clerk charge a fee
for solemnizing a marriage after normal working hours or on
Saturdays or legal holidays. This subsection does not prohibit a
county clerk from charging and accepting a personal payment for
solemnizing a marriage if otherwise authorized by ORS 106.120.
(7) For taking and certifying acknowledgment or proof of
execution of any instrument, the fee established in the schedule
adopted by the Secretary of State under ORS 194.164.
(8) For issuing any license required by law, other than a
marriage or liquor license, and for which no fee is otherwise
provided by law, $5.
(9) For any service the clerk may be required or authorized to
perform and for which no fee is provided by law, such fees as may
favorably compare with those established by this section for
similar services and as may be established by order or rule of
the county court or board of county commissioners.
(10) For recording any instrument under ORS 205.130 (2), as
required by ordinance pursuant to ORS 203.148.
(11) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional municipal
assessment lien recorded under ORS 93.643, $5.
(12) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional assignment,
release or satisfaction of any recorded instrument, $5.
(13) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional transaction
described under ORS 205.236, $5.
(14) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional lien recorded
under ORS 311.675, $5.
(15) For preparing and recording the certificate under ORS
517.280, $20 or such other fee that is established by the county
governing body.
(16) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional claim listed
on an affidavit of annual compliance under ORS 517.210, $5.
(17) In addition to and not in lieu of the fees charged under
subsection (4) of this section, for each additional name listed
on a cooperative contract under ORS 62.360 (2) or for recording
the termination of a cooperative contract under ORS 62.360 (4),
$5.
(18) Notwithstanding any other law, five percent of any fee or
tax that is not collected for the benefit of the county clerk
shall be deducted from the fee or tax. The moneys deducted shall
be expended for acquiring storage and retrieval systems, payment
of expenses incurred in collecting the fee or tax and maintaining
and restoring records as authorized by the county clerk. Moneys
collected under this subsection shall be deposited in a county
clerk records fund established by the county governing body. No
moneys shall be deducted under this subsection from:
(a) Fees collected for the Domestic Violence Fund under ORS
106.045.
(b) Fees collected for conciliation services under ORS 107.615.
(c) Real estate transfer taxes enacted prior to January 1,
1998.
(d) Fees collected under ORS 205.323 for the Oregon Land
Information System Fund.
{ + (e) Fees collected under ORS 205.323 (1)(c) for the
housing-related programs listed in ORS 294.187 (2)(b). + }
SECTION 2. ORS 205.323 is amended to read:
205.323. (1) In addition to and not in lieu of the fees charged
and collected under ORS 205.320 and other fees, { + the county
clerk shall charge and collect + } the following fees { - shall
be charged and collected - } for the recording or filing of any
instrument described in ORS 205.130:
(a) A fee of $1, to be credited as provided in subsection
{ - (3)(a) - } { + (4)(a) + } of this section; { - and - }
(b) A fee of $10, to be credited as provided in subsection
{ - (3)(b) - } { + (4)(b) + } of this section { + ; and
(c) A fee of $15, to be credited as provided in subsection
(4)(c) of this section + }.
(2) Subsection (1) of this section does not apply to the
recording or filing of the following:
(a) Instruments that are otherwise exempt from recording or
filing fees under any provision of law;
(b) Any satisfaction of judgment or certificate of satisfaction
of judgment; or
(c) Internal county government instruments not otherwise
charged a recording or filing fee.
{ + (3) Subsection (1)(c) of this section does not apply to
the recording or filing of:
(a) Instruments required under ORS 517.210 to maintain mining
claims;
(b) Warrants issued by the Employment Department pursuant to
ORS 657.396, 657.642 and 657.646; or
(c) A certified copy of a judgment, a lien record abstract as
described in ORS 18.170 or a satisfaction of a judgment,
including a judgment noticed by recordation of a lien record
abstract. + }
{ - (3) - } { + (4) + } Of the amounts charged and
collected under this section:
(a) The recording or filing fee charged and collected under
subsection (1)(a) of this section { - shall - } { + must + }
be deposited and credited to the Oregon Land Information System
Fund established under ORS 306.132 { - ; and - } { + . + }
(b) { - Of the recording or filing fee charged and collected
under subsection (1)(b) of this section, - } { + The recording
or filing fee charged and collected under subsection (1)(b) of
this section shall be credited as follows:
(A) + } Five percent { - shall - } { + of the fee must + }
be credited for the benefit of the county { - , - } { + ;
(B) + } Five percent { - shall - } { + of the fee must + }
be credited for the benefit of the county clerk for the purposes
described in ORS 205.320 (18) { + ; + } and
{ + (C) + } 90 percent { - shall be deposited and - }
{ + of the fee must be + } credited to { + and deposited in + }
the County Assessment and Taxation Fund created under ORS
294.187.
{ + (c) The recording or filing fee charged and collected
under subsection (1)(c) of this section must be credited to and
deposited in the County Assessment and Taxation Fund created
under ORS 294.187.
(5) The Department of Revenue is exempt from paying the fee
under subsection (1)(c) of this section. + }
SECTION 3. ORS 294.184 is amended to read:
294.184. (1) There is created under ORS 293.445 a suspense
account to be known as the County Assessment Function Funding
Assistance Account. The account shall consist of:
(a) All moneys paid over by the county treasurers as provided
under ORS 294.187 { + (2)(a) + }; and
(b) All interest earned upon any moneys in the account.
(2) Of the moneys in the account as of the last day of each
fiscal quarter, the moneys necessary to pay the following
Department of Revenue expenses shall be transferred to a suspense
account of the department created under ORS 293.445 and are
continuously appropriated to the department for:
(a) Expenses incurred in carrying out the purposes of ORS
294.175 to 294.184; and
(b) Appraisal expenses incurred by the department in appraising
principal and secondary industrial properties identified under
ORS 306.126 and property of centrally assessed companies under
ORS 308.505 to 308.665.
(3) The total amount of moneys transferred to the suspense
account of the department under subsection (2) of this section
may not exceed 10 percent of the moneys in the account as of the
last day of the fiscal quarter for which the transfer is being
made.
(4) The remainder of the moneys in the account as of the last
day of the fiscal quarter shall be used for the purpose of making
the grant payments to counties as required under ORS 294.178 and
are continuously appropriated to the department for that purpose.
SECTION 4. ORS 294.187 is amended to read:
294.187. (1) There is created in the county treasury of each
county a fund to be known as the County Assessment and Taxation
Fund. The fund shall consist of:
(a) Moneys deposited { + in + } and credited to the fund under
ORS 311.508.
(b) Moneys deposited { + in + } and credited to the fund under
ORS 205.323 { + (4)(b)(C) + }.
{ + (c) Moneys deposited in and credited to the fund under
ORS 205.323 (4)(c). + }
{ - (c) - } { + (d) + } Interest earned upon moneys
credited to the fund.
(2) The county treasurer shall pay over the moneys in the fund,
determined as of the last day of the fiscal quarter, to the State
Treasurer on or before the 10th day of the month following the
last day of the fiscal quarter { - . - } { + as follows:
(a) Moneys collected under subsection (1)(a) and (b) of this
section and interest earnings on those moneys must be paid over
to the Department of Revenue for deposit in the County Assessment
Function Funding Assistance Account created under ORS 294.184.
(b) Moneys collected under subsection (1)(c) of this section
and interest earnings on those moneys must be paid over to the
Department of Revenue for deposit in the Housing and Community
Services Department accounts for housing-related programs as
follows:
(A) 76 percent of the moneys must be deposited in the General
Housing Account created under ORS 458.620;
(B) 10 percent of the moneys must be deposited in the Emergency
Housing Account created under ORS 458.620; and
(C) 14 percent of the moneys must be deposited in the Home
Ownership Assistance Account created under ORS 458.620. + }
{ - (3) The State Treasurer shall deposit and credit the
moneys received under subsection (2) of this section to the
County Assessment Function Funding Assistance Account referred to
in ORS 294.184. - }
{ - (4) - } { + (3) + } If the county treasurer fails to
pay over moneys, as required under subsection (2) of this
section, then any unpaid moneys shall be a debt due and owing by
the county to the state and the county shall pay the legal rate
of interest thereon from the due date until paid. Payment of
interest under this section shall not relieve the county
treasurer from any penalty imposed by law for failure to make the
payments, and in addition, the county treasurer shall be liable
under ORS 311.375 (4)(a) and (b).
{ - (5) - } { + (4) + } ORS 294.305 to 294.565 do not apply
to a fund created under this section.
SECTION 5. ORS 306.815 is amended to read:
306.815. (1) A city, county, district or other political
subdivision or municipal corporation of this state shall not
impose, by ordinance or other law, a tax or fee upon the transfer
of a fee estate in real property, or measured by the
consideration paid or received upon transfer of a fee estate in
real property.
(2) A tax or fee upon the transfer of a fee estate in real
property does not include any fee or charge that becomes due or
payable at the time of transfer of a fee estate in real property,
unless that fee or charge is imposed upon the right, privilege or
act of transferring title to real property.
(3) Subsection (1) of this section does not apply to any fee
established under ORS 203.148.
(4) Subsection (1) of this section does not apply to any tax if
the ordinance or other law imposing the tax is in effect and
operative on March 31, 1997.
(5) Subsection (1) of this section does not apply to any tax or
fee that is imposed upon the transfer of a fee estate in real
property if the fee that is imposed under ORS 205.323, for the
recording or filing of the instrument conveying the real property
being transferred { + , + } is less than { - $11 - } { +
$27 + }.
SECTION 6. ORS 458.610 is amended to read:
458.610. For purposes of ORS 458.600 to 458.655:
(1) 'Council' means the State Housing Council established in
ORS 456.567.
(2) 'Department' means the Housing and Community Services
Department established in ORS 456.555.
(3) 'Low income' means individuals or households that receive
more than 50 percent { - but less - } { + and not more + }
than 80 percent of the { - area median income - } { + median
family income for the area, subject to adjustment for areas with
unusually high or low incomes or housing costs, all + } as
determined by the council based on information from the United
States Department of Housing and Urban Development.
{ + (4) 'Minority' means an individual:
(a) Who has origins in one of the black racial groups of Africa
but who is not Hispanic;
(b) Who is of Hispanic culture or origin;
(c) Who has origins in any of the original peoples of the Far
East, Southeast Asia, the Indian subcontinent or the Pacific
Islands; or
(d) Who is an American Indian or Alaskan Native having origins
in one of the original peoples of North America. + }
{ - (4) - } { + (5) + } 'Organization' means a:
(a) Nonprofit corporation established under ORS chapter 65;
(b) Housing authority established under ORS 456.055 to 456.235;
or
(c) Local government as defined in ORS 197.015.
{ - (5) - } { + (6) + } 'Persons with disabilities' means
persons with handicaps described in 42 U.S.C. 3602(h).
{ - (6) - } { + (7) + } 'Very low income' means individuals
or households
{ - which receive less than 50 percent of the area median
income - } { + that receive 50 percent or less of the median
family income for the area, subject to adjustment for areas with
unusually high or low incomes or housing costs, all + } as
determined by the council based on information from the United
States Department of Housing and Urban Development.
SECTION 7. ORS 458.655 is amended to read:
458.655. (1) The Home Ownership Assistance Account shall be
administered by the Housing and Community Services Department to
expand the state's supply of homeownership housing for low and
very low income families and individuals, including, but not
limited to, housing for persons over 65 years of age, persons
with disabilities, { + minorities and + } farmworkers { - and
Native Americans - } . The State Housing Council shall have a
policy of distributing funds statewide while concentrating funds
in those areas of the state with the greatest need, as determined
by the council, for low and very low income homeownership
housing. However, the council's policy of distributing funds may
differ from the distribution policy for the Housing Development
and Guarantee Account.
(2) Funds in the Home Ownership Assistance Account shall be
granted to organizations { - , as defined in ORS 458.610, - }
that both sponsor and manage low income homeownership programs,
including lease-to-own programs, for the construction of new
homeownership housing or for the acquisition or rehabilitation of
existing structures for homeownership housing for persons of low
or very low income, or both.
(3) The council shall develop a policy for disbursing grants
for any or all of the following purposes:
(a) To aid low income homeownership programs, including program
administration, in purchasing land, providing assistance with
down payment costs, or providing homeownership training and
qualification services or any combination thereof. { - No - }
{ + Funds in the + } Home Ownership Assistance Account
{ - funds shall be - } { + may not be + } used by an
organization { + to pay + } for its general operations or
{ - for a substantial portion - } { + to pay for more than 25
percent + } of construction or rehabilitation costs { - ; - }
{ + . + }
(b) To match public and private moneys available from other
sources for purposes of the provision of low or very low income
homeownership housing { - ; or - } { + . + }
(c) To administer the Home Ownership Assistance Account, not to
exceed five percent of the revenue.
(4) The council, in developing policy under subsection (3) of
this section, shall give preference in making grants to those
entities that propose to:
(a) Provide the greatest number of low and very low income
homeownership housing units constructed, acquired or
rehabilitated for the amount of account money expended by
matching account funds with other grant, loan or eligible in-kind
contributions;
(b) Ensure the longest use for the units as low or very low
income homeownership housing units, such as by including some
form of equity recapture, { + land trust or shared equity
provisions, + } as determined by the council; { - and - }
(c) Include social services for occupants and proposed
occupants of the proposed housing, including but not limited to,
programs that address home health care, mental health care,
alcohol and drug treatment and post-treatment care, child care,
homeownership training, mortgage qualification service, credit
repair and case management { - . - } { + ; and
(d) Support a comprehensive strategy to reverse the decreasing
rates of homeownership among minorities, giving priority to
activities that support adopted comprehensive community plans
that incorporate recognized best practices or demonstrate proven
success in increasing homeownership for minorities. + }
SECTION 8. ORS 458.620 is amended to read:
458.620. (1) There is created, separate and distinct from the
General Fund of the State Treasury, the Oregon Housing Fund,
which
{ - shall consist of four - } { + consists of five + }
separate revolving accounts { - , - } { + :
(a) + } The Housing Development and Guarantee Account
{ - , - } { + ;
(b) + } The Emergency Housing Account { - , - } { + ;
(c) + } The Home Ownership Assistance Account { - and - }
{ + ;
(d) + } The Farmworker Housing Development Account { + ; and
(e) The General Housing Account + }.
(2) { - All - } Earnings on investment of moneys in { + :
(a) + } The Housing Development and Guarantee Account
{ - shall - } accrue to that account. { - All earnings on
investment of moneys in - }
{ + (b) + } The Emergency Housing Account { - shall - }
accrue to that account. { - All earnings on investment of
moneys in - }
{ + (c) + } The Home Ownership Assistance Account
{ - shall - } accrue to that account. { - All earnings on
investment of moneys in - }
{ + (d) + } The Farmworker Housing Development Account
{ - shall - } accrue to that account.
{ + (e) The General Housing Account accrue to that
account. + }
(3)(a) Moneys in the Housing Development and Guarantee Account
are appropriated continuously to the Housing and Community
Services Department to carry out the provisions of ORS 458.625
and 458.630.
(b) Moneys in the Emergency Housing Account are appropriated
continuously to the { - Housing and Community Services - }
department to carry out the provisions of ORS 458.650.
(c) Moneys in the Home Ownership Assistance Account are
appropriated continuously to the { - Housing and Community
Services - } department to carry out the provisions of ORS
458.655.
(d) Moneys in the Farmworker Housing Development Account are
appropriated continuously to the { - Housing and Community
Services - } department to carry out the provisions of ORS
458.660.
{ + (e) Moneys in the General Housing Account are
appropriated continuously to the department to carry out the
provisions of ORS 456.515 to 456.725. + }
{ - (4) Moneys deposited in the Oregon Housing Fund pursuant
to subsection (5) of this section shall be credited to the
Housing Development and Guarantee Account. - }
{ - (5) - } { + (4) + } Individuals and corporations, both
for profit or nonprofit, may make monetary contributions to
{ + be credited to:
(a) + } The Housing Development and Guarantee Account { + ; or
(b) The General Housing Account + }.
SECTION 9. { + (1) Section 10 of this 2009 Act is added to and
made a part of ORS 458.600 to 458.655.
(2) ORS 458.660 is added to and made a part of ORS 458.600 to
458.655. + }
SECTION 10. { + (1) The Housing and Community Services
Department shall administer the General Housing Account.
(2) The department shall disburse moneys credited to the
account to accomplish the purposes described in ORS 456.515 to
456.725.
(3) The department may disburse moneys in the account by
contract, grant, loan or otherwise as the department determines
necessary.
(4) The department may set interest rates on loans made with
moneys in the account.
(5) The department shall establish guidelines for the types of
loans financed with moneys in the account by rule.
(6) The department may use moneys in the account to pay
allowable administrative expenses incurred under ORS 456.515 to
456.725.
(7) The department may, in the director's discretion, return
moneys received for deposit in the account to the original source
of the moneys.
(8) The department may accept moneys for deposit in the account
pursuant to ORS 458.620 (4) and enter into agreements regarding
the use of moneys deposited with the original source of the
moneys.
(9) The department shall adopt rules that:
(a) Govern the allocation of moneys deposited in the account to
best meet critical housing needs and build organizational
capacity of partners throughout the state; and
(b) Require equitable distribution of resources over time based
on objective measures of need, including the number and
percentage of low and very low income households in an area. + }
SECTION 11. { + This 2009 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fifth
Legislative Assembly adjourns sine die. + }
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