Chapter 1074 Oregon Laws 1999

Session Law

AN ACT

HB 3174

Relating to legislative measures; amending ORS 171.127, 171.130, 171.133, 456.571, 456.625 and 468B.162 and section 4, chapter 730, Oregon Laws 1997; and repealing ORS 171.132.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 171.130 is amended to read:

171.130. (1) At any time in advance of any regular or special session of the Legislative Assembly fixed by the Legislative Counsel Committee, or at any time in advance of a special session as may be fixed by joint rules of both houses of the Legislative Assembly, the following may file a proposed legislative measure with the Legislative Counsel:

(a) Members who will serve in the session and members-elect.

(b) Interim and statutory committees of the Legislative Assembly.

[(c) The Oregon Department of Administrative Services, to implement the fiscal recommendations of the Governor contained in the budget report of the Governor.]

[(d) The person who will serve as Governor during the session.]

[(e) State agencies.]

(2) On or before December 15 of the year preceding a regular legislative session, or at any time in advance of a special session as may be fixed by joint rules of both houses of the Legislative Assembly, the following may file a proposed legislative measure with the Legislative Counsel:

(a) The Oregon Department of Administrative Services, to implement the fiscal recommendations of the Governor contained in the budget report of the Governor.

(b) The person who will serve as Governor during the session.

(c) The Secretary of State, the State Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and Industries and the Superintendent of Public Instruction.

(3) Notwithstanding subsection (2) of this section, a statewide elected official who initially assumes office in January of an odd-numbered year may submit proposed measures for introduction by members or committees of the Legislative Assembly until the calendar day designated by rules of either house of the Legislative Assembly. The exemption granted by this subsection to a newly elected Governor does not apply to state agencies in the executive branch.

(4) On or before December 15 of the year preceding a regular legislative session, a state agency may file a proposed legislative measure with the Legislative Counsel through a member or committee of the Legislative Assembly.

[(2)] (5) The Legislative Counsel shall order each measure filed pursuant to [subsection (1)] subsections (1) to (4) of this section prepared for printing and may order the measure printed. If the person filing a measure specifically requests in writing that the measure be made available for distribution, the Legislative Counsel shall order the measure printed and shall make copies of the printed measure available for distribution before the beginning of the session to members and members-elect and to others upon request.

[(3)] (6) Copies of all measures filed and prepared for printing or printed pursuant to this section shall be forwarded by the Legislative Counsel to the chief clerk of the house designated by the person filing the measure for introduction.

[(4)] (7) The costs of carrying out this section shall be paid out of the money appropriated for the expenses of that session of the Legislative Assembly for which the measure is to be printed.

[(5)] (8) The Legislative Counsel Committee shall adopt rules necessary to accomplish the purpose of this section [and ORS 171.132].

[(6)] (9) This section does not affect any law or any rule of the Legislative Assembly or either house thereof relating to the introduction of legislative measures.

SECTION 2. ORS 456.571 is amended to read:

456.571. (1) The State Housing Council shall, with the advice of the Director of the Housing and Community Services Department, develop policies to aid in stimulating and increasing the supply of housing for persons and families of lower income.

(2)(a) The council shall review each single-family home ownership loan in excess of $150,000 and all other housing loans or grants in excess of $100,000 proposed to be made by the director of the Housing and Community Services Department under the Housing and Community Services Department's housing programs. The council may approve or disapprove any loan or grant the council reviews. The director shall submit each single-family home ownership loan in excess of $150,000, and all other housing loans or grants in excess of $100,000 the department proposes to make, to the council for review. The director shall not make any single-family home ownership loans in excess of $150,000 or any other housing loans or grants in excess of $100,000 that have not been approved by the council.

(b) Council review of loan or grant proposals shall be held at a public hearing of the council. Notice of a loan or grant review shall be provided the loan or grant applicant not less than five days before the review hearing. The loan or grant review, naming the subject of and parties to the loan or grant, shall be included in the published notice required by ORS 192.640.

(3) The council shall make special effort to respond to both private and public actions which may raise the cost of the housing supply in the open market, as the open market is the source of housing for the preponderance of lower income households.

(4) The council shall be responsible for studying and commenting upon, and advising, the department, Governor, Legislative Assembly, other state agencies and local governments concerning local, state and federal legislation or rules that affect the cost and supply of housing, both before and after they are enacted. Such legislation or rules include but are not limited to those which would:

(a) Provide financing for the construction or rehabilitation of housing;

(b) Subsidize new or existing housing costs for lower income households by income support, tax credit, or support service methods;

(d) Regulate the use of land;

(e) Regulate building construction standards;

(f) Regulate fees for inspection services, permits, or professional services related to housing;

(g) Encourage alternatives that increase housing choices;

(h) Create or avert overlapping jurisdictional functions and their concomitant increased costs which are reflected in housing prices;

(i) Create or avoid conflicting state and federal regulations which deprive lower income households of assistance; and

(j) Help or hinder compliance with the housing goals established by the Land Conservation and Development Commission under ORS 197.240.

(5) The council, with the approval of the Governor, may initiate legal proceedings in its own name to further its purposes under this section.

(6) The council shall exercise its responsibilities and powers in a manner which expedites the acquisition, construction, improvement or rehabilitation of housing.

[(7) The council may submit proposed legislation to the Legislative Assembly on measures the council considers necessary to address housing programs.]

SECTION 3. ORS 456.625 is amended to read:

456.625. The Housing and Community Services Department may:

(1) Undertake and carry out studies and analyses of housing needs within the state and ways of meeting such needs and make the results of such studies and analyses available to the public, qualified housing sponsors and the private housing sector.

(2) [Submit proposed legislation to the Legislative Assembly] Prepare proposals on measures it considers necessary to address administration, housing programs or community services programs.

(3) With the approval of the State Housing Council, charge fees or interest in connection with housing programs.

(4) Encourage community organizations to assist in initiating housing projects for persons and families of lower income.

(5) Encourage the salvage of usable housing scheduled for demolition or dislocation because of highway, school, urban renewal or other public projects by seeking authority for the public agencies involved in such programs to use the funds provided for the demolition or relocation of such buildings to enable qualified housing sponsors to relocate and rehabilitate such buildings for use by persons and families of lower income.

(6) Encourage research and demonstration projects to develop techniques and methods for increasing the supply of adequate, decent, safe and sanitary housing for persons and families of lower income.

(7) Make or participate in the making of residential loans to qualified individuals or housing sponsors to provide for the acquisition, construction, improvement, rehabilitation or permanent financing of residential housing or housing development; undertake commitments to make residential loans; purchase and sell residential loans at public or private sale; modify or alter such mortgages or loans; foreclose on any such mortgage or security interest or commence any action to protect or enforce any right conferred upon the department by any law, mortgage, security, agreement, contract or other agreement and to bid for and purchase property that is subject to such mortgage or security interest at any foreclosure or other sale; acquire or take possession of any such property and complete, administer, conserve, improve and otherwise use the property to accomplish the department's purposes, pay the principal and interest on any obligations incurred in connection with such property and dispose of such property in such manner as the department determines necessary to protect its interests under ORS 456.515 to 456.725 and ORS chapter 458.

(8) Unless specifically exempted by the State Treasurer, deposit with the State Treasurer any funds held in reserve or sinking funds under ORS 456.515 to 456.725 and ORS chapter 458 and any other moneys not required for immediate use or disbursement by the department, subject to the provisions of any agreement with holders of bonds entered into prior to October 15, 1983.

(9) Advise and assist in the creation of any nonprofit housing corporation, consumer housing cooperative or limited dividend housing sponsor and give approval of the articles of incorporation and bylaws of any such organization in carrying out ORS 456.515 to 456.725.

(10) Cooperate with and exchange services, personnel and information with any federal, state or local governmental agency.

(11) Contract for the services of and consultation with professional persons or organizations, not otherwise available through federal, state or local governmental agencies, in carrying out ORS 456.515 to 456.725 and ORS chapter 458.

(12) Perform any other duties that the department considers necessary in carrying out housing programs and community services programs.

(13) Purchase, service, sell and make commitments to purchase, service and sell residential loans to the extent permitted by ORS 456.635 and 456.640 (1) to (3).

(14) Initiate or assist appropriate state agencies, governmental bodies and public or private housing sponsors in the development, construction, acquisition, ownership, leasing, rehabilitation or management of housing to carry out the purposes of ORS 456.515 to 456.725 and ORS chapter 458 where such housing is not otherwise affordable or available in the area.

(15) Subject to the provisions of any agreement then existing with bondholders, make available funds by contract, grant, loan or otherwise, including loan guarantees, insurance or other financial leveraging techniques, from moneys made available by the department to carry out the purposes of ORS 456.515 to 456.725, if such moneys are not needed for the operations of the department or otherwise determined by the director to be a necessary or prudent reserve.

SECTION 4. ORS 468B.162 is amended to read:

468B.162. (1) The Department of Environmental Quality shall coordinate the following:

(a) Interagency management of ground water as necessary to achieve the goal set forth in ORS 468B.155.

(b) The regulatory activities of any affected state agency responding to the declaration of a ground water management area under ORS 468B.180. As used in this subsection "affected state agency" means any agency having management responsibility for, or regulatory control over the ground water resource of this state or any substance that may contaminate the ground water resource of this state.

(2) The Department of Environmental Quality shall provide staff for project oversight and for those activities authorized under ORS 468B.165 to 468B.188, including scheduling meetings, providing public notice of meetings and other group activities and keeping records of group activities.

(3) In addition to its duties under subsection (1) of this section, the department shall, on or before January 1 of each odd-numbered year, prepare a report to the Legislative Assembly. The report shall include the status of ground water in Oregon, efforts made in the immediately preceding year to protect, conserve and restore Oregon's ground water resources[,] and grants awarded under ORS 468B.169 [and any proposed legislation the group finds necessary to accomplish the goal set forth in ORS 468B.155].

SECTION 5. ORS 171.133 is amended to read:

171.133. (1) A state agency shall not [file a legislative bill or measure under ORS 171.132 or] cause a bill or measure to be introduced before the Legislative Assembly if the bill or measure has not been approved by the Governor.

(2) As used in ORS 171.130 and this section, "state agency" means every state agency whose costs are paid wholly or in part from funds held in the State Treasury, except the Legislative Assembly, the courts and their officers and committees, and except the Secretary of State, the State Treasurer, the Attorney General, the Commissioner of the Bureau of Labor and Industries and the Superintendent of Public Instruction.

SECTION 6. ORS 171.127 is amended to read:

171.127. (1) Each proposed legislative measure shall at the time of submission for filing bear the name of any state or other public agency or representative thereof, any private organization or representative thereof, or any person other than a member of the Legislative Assembly at whose specific formal request the measure is being introduced. As used in this subsection, "formal request" means the presentation, submission or providing of a drafted measure to a member or committee of the Legislative Assembly.

(2) Each proposed legislative measure shall bear a statement signed by the chief sponsor thereof, stating that all agencies, organizations and persons that have formally requested the measure are named thereon [as required by ORS 171.132 and this section].

SECTION 7. Section 4, chapter 730, Oregon Laws 1997, is amended to read:

Sec. 4. (1) Not later than 60 days after [the effective date of this Act] August 1, 1997, the State Fish and Wildlife Director shall convene a fish passage task force. The task force shall include one or more representatives from:

(a) The State Department of Fish and Wildlife;

(b) The office of the Governor;

(d) Oregon counties;

(e) Oregon cities;

(f) Special districts;

(g) Water utilities;

(h) Water user organizations;

(i) Environmental organizations;

(j) Hydroelectric project operators;

(k) Angling and fish conservation organizations; and

(L) Indian tribal governments.

(2) In addition to the members of the task force set forth under subsection (1) of this section, the director shall also invite a representative of any federal agency affected by the fishway or fish passage requirements.

(3) The task force shall develop recommendations, including recommendations for alternative mitigation requirements, to be presented to the Seventieth Legislative Assembly. The recommendations shall include suggested legislative changes necessary to improve the benefits to fish resulting from fish passage, fishway and alternative mitigation requirements. The task force shall coordinate any recommendations related to hydroelectric projects with the recommendations of the task force on hydroelectric issues established under section 39, chapter 449, Oregon Laws 1997.

[(4) Any legislation proposed by the task force shall comply with the requirements of ORS 171.132.]

SECTION 8. ORS 171.132 is repealed.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

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