Item 3: Discuss and Approve Non-Unanimous IGR Positions

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URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0912.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 3 Yes YesII Monitor Comments: SB 912 would have no immediate financial impact on the City of Eugene. If the City were to implement a local income tax, SB 912 would require that the state definition of taxable income would be used. Since a local income tax would probably "piggy-back" on the state income tax, this would be fine. I recommend monitoring this bill to watch for any amendments that might restrict a local government's ability to levy a local income tax. If any such amendments are proposed they should be strongly opposed. SB 0915 Relating Clause: Relating to the regulation of structures; declaring an emergency Title: Prohibits municipality that enforces state building code provision or building requirement by means of municipal ordinance from assessing criminal penalty for ordinance violation if violation of corresponding state building code provision or building requirement is subject to civil penalty. Prohibits municipality from imposing civil penalty for ordinance violation that exceeds maximum civil penalty for violation of corresponding state building code provision or building requirement. Requires that fees municipality charges for investigation or other activities regarding alleged violation of ordinance be approved by Director of Department of Consumer and Business Services. Revises grounds on which director may allow municipality to adopt municipal ordinance, rule or regulation conflicting with state building code. Requires that rules for uniform enforcement of state building code provide for building official or inspector to give violator notice of penalties and procedural rights when issuing citation. Requires that rules provide appeal process for denial of certificate of occupancy if denial is based on violation of state building code specialty code. Declares emergency, effective on passage. Sponsored by: Senator MORSE URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0915.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Mark Whitmill Mark Whitmill PDD-BPS 3/24/2009 Pri 3 Yes YesIV. B Oppose Comments: The city should oppose this bill. The state building code establishes uniform standards for construction throughout the state. Municipalities may enact or enforce ordinances, rules or regulations that relate to the same matters encompassed by the state building code but which provide different requirements only if authorized by the Director of the Department of Consumer and Business Services. Under current law, the Director is required to “encourage experimentation, innovation and cost effectiveness by municipalities in the adoption of ordinances, rules or regulations which conflict with the state building code”. The amendment would significantly limit and modify the director’s authority to authorize local changes to the code. The director must first find that a unique local geological or other condition exists, and then judge whether the ordinance, rule or regulation will result if better service to the public. This does not appear to be in the best interest of the City or the general public, as it discourages innovation at a time when jurisdictions are looking at new ways to use technology, to improve efficiencies and lower costs, and to promote sustainability and green building. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Lauren Sommers ATTNY 3/23/2009 Pri 3 Yes YesIV. B Oppose Comments: This bill would only allow the Director of the Department of Consumer and Business Services to authorize the City to adopt an ordinance, rule or regulation that conflicts with 57