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

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SB 0263 Relating Clause: Relating to damages. Title: Increases amount of noneconomic damages that may be awarded in civil action seeking damages arising out of bodily injury. Corrects inaccurate reference for definition. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0263.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 1/27/2009 No No Monitor Comments: Will not have a significant financial impact on the City. SB 0269 Relating Clause: Relating to relocation of utility facilities. Title: Prescribes manner in which public body may require utility to relocate facilities legally located on property constituting public highway. Provides that public body may require relocation to extent necessary to accommodate public purpose construction projects. Provides that public body may require relocation for benefit of private party, or to allow private party to comply with conditions of approval for private development, only if private party pays costs incurred by utility. Allows utility to recover from retail customers total unreimbursed costs of relocation activities required by public body. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0269.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: Also likely that S269 violates Public Work's legislative policies as well. Pre-emption of local authority, and specifically pre-emption of Telecom Ord 20083 (1997) and related Admin Orders. In addition, likely pre-emption of other public rights of way use agrements for commercial providers such as for natural gas, electicity, water, sewer, railroad, and cable TV. Would increase City costs and costs of local PUD developments by changing the hundred-years old philosophy that utiliites have a conditional privlege, not a right, to use public rights of way and that when a public purpose --deemed by the City -- requires their relocation to a like location, they must do so at their own expense. SB 0278 Relating Clause: Relating to forfeitures. Title: Decreases time within which forfeiting agency must prepare notice of seizure. Sponsored by: Senate Interim Committee on Judiciary URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0278.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman R. Barrong EPD-ADM 1/26/2009 Pri 3 No No Monitor Comments: As currently written, we do not believe this bill will have enough of an impact on EPD or the City to actively lobby against the bill. Monitor for amendments which could change this. 24