Item 5: Action: Discussion and Approval of Non-Unanimous IGR Positions

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SB 0358 Relating Clause: Relating to punitive damages. Title: Imposes limits on awards of punitive damages based on nature of action and type of defendant. Provides that employer or principal is not liable for punitive damages by reason of tort of employee or agent unless employer or principal knew that employee or agent intended to commit tort and failed to take reasonable action to prevent commission of tort or employer or principal ratified actions of employee or agent that constitute tort. Sponsored by: By Senator GEORGE; Senators ATKINSON, FERRIOLI, GIROD, KRUSE, NELSON, STARR, WINTERS, Representatives GILLIAM, THATCHER, WINGARD (at the request of Oregon Freedom Works) URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0358.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lauren Sommers ATTNY 2/24/2009 Pri 3 No No Monitor Comments: Concur with Cathy Joseph's priority recommendation. This bill provides that an employer is not liable for damages for torts committed by employees unless the employer knew that the employee intended to commit the tort and failed to take reasonable measures to prevent it or the employer ratified the actions of the employee. The term "employer" is not defined in the bill and it is unclear how the provisions of this bill would interact with the Oregon Tort Claims Act. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 2/19/2009 Pri 3 No No Monitor Comments: This bill is not clearly written and I would like it monitored for any changes in the language. It is doubtful this bill would have any significant financial impact on the City. SB 0436 Relating Clause: Relating to land use planning for areas of critical state concern. Title: Limits applicability of statewide land use planning goals to areas of critical state concern designated by Legislative Assembly. Sponsored by: Senator GEORGE URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0436.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Steve Nystrom Steve Nystrom PDD-ADM 2/19/2009 Pri 2 Yes YesIV. D5 Oppose Comments: Bill would eliminate the use of statewide planning goals in decision making except in cases where the state identifies areas of critical state concern (which is not well defined). Bill also leaves many significant unanswered questions about its effect on other well- established programs and processes which are based on compliance with these goals, such as periodic review, amendments to adopted comprehensive plans (Metro Plan). Given the obvious omissions, adoption of this bill as written seems highly unlikely. If amended, staff will reassess priority ranking and recommendation. SB 0510 Relating Clause: Relating to local regulation of manufactured dwelling parks; declaring an emergency. Title: Removes prohibition against adoption, amendment or enforcement of local ordinance, rule or other local law regulating manufactured dwelling park closures or partial closures. Declares emergency, effective on passage. 8