Item 3: Discuss and Approve Non-Unanimous IGR Positions

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I'll defer to City Attorney and Risk staff regarding liability issues, but from a Planning staff perspective, any bill that could expose the city to greater risk of damages should be opposed. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Jamie Iboa Cathy Joseph CS-HRRS 3/23/2009 Pri 2 No No Support Comments: The passage of this legislation would create additional liability exposure to the City in the area of land use consultative services. Cathy Joseph ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lauren Sommers ATTNY 3/23/2009 Pri 2 No No Oppose Comments: This bill would make the City liable under the Oregn Tort Claims Act for economic injuries sustained by a land use applicant who relies on the "negligent misrepresentations" of city staff about the effect of the Metro Plan and the city's land use code on his or her application. It is not clear what constitutes a "negligent misrepresentation" on the part of the City, but in order to reduce the City's potential for liability, staff would need to stop advising land use applicants. SB 0852 Relating Clause: Relating to the national instant criminal background check system. Title: Removes Department of State Police as designated state point of contact for purposes of National Instant Criminal Background Check System. Requires gun dealer to obtain authorization to transfer firearm directly from system. Sponsored by: Senator GEORGE URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0852.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman S. Swenson EPD-ADM 3/24/2009 Pri 3 Yes YesV. C5 Oppose Comments: We oppose this bill, which we believe would weaken current laws relating to the sale of firearms. It would eliminate OSP as the point of contact for gun dealers in determining whether a potential purchaser was eligible to purchase a firearm, allowing the dealer to electronically make their request directly to the system established under U.S. Code. It also would allow the dealer to proceed with the transaction if s/he does not receive a response within 3 business days that the purchaser cannot legally buy the weapon. This creates a situation where, if there is any kind of a glitch in the system that delays the response, the seller has default authorization to proceed with the sale. In addition, it deletes the requirement that the seller obtain a thumbprint from the purchaser, making it much easier for a purchaser to use a false name and identification to make the purchase, and making it much more difficult to positively identify the purchaser if his/her identity is ever an issue. SB 0883 Relating Clause: Relating to debt collection. Title: Allows Department of Revenue and financial institutions to enter into agreements to operate data match system under which financial institutions will provide information to department about persons who maintain account at institution and owe debt to state agency or county. Allows collection of fee. Sponsored by: COMMITTEE ON FINANCE AND REVENUE URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0883.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 3/22/2009 Pri 2 No No Support 55