Item 3: Ratification of IGR Committee Actions and Direction on Legislative Policy

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HB 2405 Relating Clause: Relating to services that use Internet Protocol. Title: Prohibits department, agency, commission or political subdivision of state from regulating Voice over Internet Protocol service and Internet Protocol-enabled service. Sponsored by: COMMITTEE ON BUSINESS AND LABOR URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2405.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Pam Berrian Pam Berrian CS-ISD 1/27/2009 Pri 1 Yes IX Oppose Comments: Pre-empts local authority and Ord 20083's (1997) Telecom program in particular. Would result in significant adverse financial impact on the General fund and the Telecom project fund as Ord 20083 now requires fees for such provider's commercial, for-profit use of the public rights of way use fees by such providers. As a note, there is no federal standard for such state action; in fact, the current federal Internet Tax Freedom Act moratorium (until 2014 but Eugene is grandfathereed)specifically exempts Voice products such as this. Lastly, even if Eugene took the position (as we did when we prevailed in Ord 20083- related litigation) that it does not 'regulate' this service, such vague and over-reaching langauge will certainly lead again to costly litigation as providers are likely to allege that the City does regulate for purposes of this bill. It does not contain a grandfather clause for local governments such as Eugene but even if it did, such provisions are not litigation- proof, leading to additional City costs. HB 2408 Relating Clause: Relating to commuter rail. Title: Creates Task Force on Extending Washington County Commuter Rail to Salem. Sunsets task force on date of convening of next regular biennial legislative session. Sponsored by: By Representatives GREENLICK, BERGER; Representatives BARKER, BRUUN, CANNON, GALIZIO, GARRETT, HARKER, KOMP, READ, RILEY, THATCHER, WINGARD, Senators BONAMICI, HASS URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2408.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Eric Jones Eric Jones PW-ADM 1/23/2009 Pri 3 Yes III. B Neutral Comments: Eugene's legislative policies include support for "improved, high-speed, customer-friendly passenger rail service in Oregon." The proposal to create a task force on extending commuter rail to Salem is consistent with that policy. The cost of a major extension of commuter rail may require the state to divert funding from projects that would more directly benefit Eugene. However, those impacts can be evaluated later, after the task force has come up with a proposal that would be presented to the 2011 Oregon Legislature. For now, Eugene can signal its tacit support for this effort by remaining neutral and allowing the entities most directly affected to carry the task force proposal. HB 5049 Relating Clause: Relating to financial administration of the Oregon Watershed Enhancement Board; declaring an emergency. Title: Directs Oregon Watershed Enhancement Board to allocate moneys deposited into Watershed Improvement Operating Fund and Watershed Improvement Grant Fund to various state agencies to implement section 4 (10), Article XV of Oregon Constitution. Limits biennial expenditures of board from federal funds and lottery funds. 14