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

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While the intent of the legislation is based on accepted public policy goals related to alternative transportation, the proposed funding mechanism will result in a loss of local control over funding the City currently receives from the state. The city of Eugene can and does choose to spend SHTF revenues on bike paths, within the constraints of the Oregon Constitutional limits on the use of gas taxes. In fact, in its most recent (FY08) report to ODOT, the City calculated it spent almost 25% of its SHTF allocation on eligible bicycle routes (this includes OM&P as well as new construction). Over the past several years, the City has expended at least 17% a year on such purposes. Given the competing public policy goals of encouraging investment in alternative modes of transportation and maintaining local control under Home Rule powers, and recognizing that there would be no practical or signicant effect on Eugene's commitment to funding bicycling infrastructure, staff recommends a neutral position on this bill. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lee Shoemaker Lee Shoemaker PWE 1/22/2009 Pri 3 Yes YesIII. A Neutral Comments: I agree with Eric Jones' comments SB 0311 Relating Clause: Relating to Oregon Tort Claims Act; declaring an emergency. Title: Increases amounts recoverable in tort actions against public bodies. Provides different limits for tort actions against state and for tort actions against other public bodies. Provides for future increases in limits based on Consumer Price Index. Provides for direct review by Supreme Court to determine whether application of limitations is constitutional under facts of specific case. Creates Task Force on Oregon Tort Claims Act. Provides that task force becomes operative January 1, 2014. Sunsets task force March 1, 2015. Declares emergency, effective July 1, 2009. Sponsored by: Senate Interim Committee on Judiciary for Oregon Tort Claims Act Interim Task Force URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0311.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jerome Lidz ATTORNEY 1/27/2009 Pri 2 Monitor Comments: This bill would increase the liability limits for cities under the Tort Claims Act to $500,000 per claimant and $1,000,00 for all claimants for claims arising out of a single accident or occurrence. Scheduled annual increases would increase the limits to $666,700 and $1,333,300 in 2014. Although that increase will cost the City money, a substantial increase in the liability limits is inevitable, and these changes are reasonable. The liability limits for cities are one-third that of the state, and we should monitor this bill carefully to make sure cities' liability isn't increased to be as high as the state's. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 1/21/2009 Pri 2 No No Monitor Comments: This increase in the tort claim cap from $500,000 to $1,000,000 could result in a financial impact to the City (increased claim costs and/or jury awards). However, the City's claim history has shown our exposure to losses exceeding $500,000 to be remote, and since risk management professionals state-wide (including the City) were given an opportunity to discuss and propose this compromise language on what is expected to be an inevitable increase in the tort claim limits, we prefer to remain neutral and monitor this issue for now. 26