HomeMy WebLinkAboutItem 8 - Ratif.of IGR ActionsEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: Ratification of Intergovernmental Relations Committee Actions of
February 11, 2005
Meeting Date: March 7, 2005 Agenda Item Number: 8
Department: City Manager's Office Staff Contact: Lisa Klemp
www. cl. eugene, or. us Contact Telephone Number: 682-5619
ISSUE STATEMENT
This is an action item to ratify the recommendations of the Intergovernmental Relations (IGR)
Committee.
BACKGROUND
As a matter of procedure, the City Council is routinely asked to ratify the actions taken by the
Intergovernmental Relations (IGR) Committee. This is done by submitting the minutes of each
committee to the council.
Actions on which the committee is not unanimous are brought before the full council for consideration.
There were three actions at the February 11, 2005, meeting on which the committee was not unanimous.
Those actions involved House Bill 2390, House Bill 2183, and Senate Bill 136.
RELATED CITY POLICIES
Ratification of IGR Committee actions is the making or affirming of the City of Eugene's policy with
respect to Federal and State legislative issues or such other matters as may come to the council from the
committee.
COUNCIL OPTIONS
The council may ratify or decline to ratify the IGR Committee's actions as set forth in the minutes of the
committee's meeting.
STAFF RECOMMENDATION
Actions on which the committee is not unanimous are brought before the full council for consideration.
There were three actions at the February 11, 2005, meeting on which the committee was not unanimous.
Those actions involved House Bill 2390, House Bill 2183, and Senate Bill 136. Staff recommends
these bills be considered by the full council.
L:\CMO\2005 Council Agendas\M050307\S0503078.doc
SUGGESTED MOTION
Move to ratify the IGR Committee's actions as set forth in the minutes of February 11, 2005.
ATTACHMENTS
A. IGR Committee Minutes of February 11, 2005
B. Legislative Tracking System Print out of House Bill 2390, House Bill 2183, and Senate Bill 136
C. Memorandum from Chief Robert Lehner regarding House Bill 2390
D. IGR Bill Approval Matrix
FOR MORE INFORMATION
Staff Contact: Lisa Klemp
Telephone: 682-5619
Staff E-Mail: Lisa. T.Klemp~ci.eugene.or.us
L:\CMO\2005 Council Agendas\M050307\S0503078.doc
MINUTES
Council Committee on Intergovernmental Relations
Saul Room - Atrium
February 11, 2004
9 a.m.
PRESENT: Gary Pap6, Betty Taylor, Bonny Bettman, members; Jason Heuser, Mary Walston, Lisa
Klemp, City Manager's Office; Larry Hill, Central Services Department; Susan Muir,
Richie Weinman, Planning and Development Department; Carlos Davis, Scott Duckett,
Eric Jones, Public Works; Mike McGee, Library, Recreation, and Cultural Services De-
partment; Ellwood Cushman, Eugene Police Department; Glenn Klein, Jerome Lidz, City
Attorney's Office.
1. Call to Order and Review Agenda
Mr. Pap6 called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order.
Committee members identified staff of which they had questions.
2. Approval of Minutes
Ms. Bettman asked that the first sentence in paragraph 4 on page 2 be revised to read "Ms. Bettman said she
was opposed to both bills because she believed that the outcome would be a politicized process that did not
reflect local priorities."
Ms. Bettman, seconded by Ms. Taylor, moved to approve the minutes of January 25 as
submitted and February 1, 2005, as amended. The motion passed unanimously, 3:0.
3. Review Pending Legislation
The committee reviewed a list of pending legislation.
Priority 1 Bills
Noting that sponsor Floyd Prozanski had indicated he planned to amend SB 0295 so it had no impact on
Eugene, Ms. Bettman asked if the bill's priority should be changed. Mr. Heuser recommended that the City
get Senator Prozanksi's guarantee in writing. He said that Senator Prozanski considered amending the bill
to limit the percentage of traffic fine revenues that could go to a municipality's general fund. Alternatively,
funds above a certain percentage would be directed toward education. The committee agreed to retain the
current priority and status.
Priority 2 Bills
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 1
Referring to House Bill (HB) 2184, Ms. Bettman asked how officers would establish that motorists were
impaired by such things as cold medicine, for example. Mr. Cushman said staff would have a greater burden
in proving impairment. He anticipated that sobriety tests similar to those asked of motorists suspected of
violating current DUll laws would be conducted, and agreed with a suggestion from Ms. Bettman that the
in-car videos would assist in the process of proving impairment. He clarified, in response to a follow-up
question from Ms. Bettman, that no motorists would be taken into custody to be blood-tested. The basis for
an arrest would be the person's driving and sobriety tests.
Responding to a question from Mr. Pap6 about HB 2197, Mr. Hill said that the bill expanded the definition
of what was taxed now to include such things as tent spaces and condominiums. He said the 2003
legislature intended to add condominiums to the list of what could be taxed but due to a scrivener's error,
that did not occur. The Association of Condominium Owners had no objection to the bill. He said there was
no preemption issue, but the relating clause was very broad and he recommended the City continue to
monitor the bill.
Ms. Bettman referred to House Bill 2300, requiring a person with the duty to report as a sex offender within
ten days if that person had no fixed address, and asked how it would be enforced. Mr. Cushman indicated
the time was likely to be extended to 30 days. He said that the bill was a tool for officers making contacts
with offenders who had not registered. The police could take enforcement action at that time. He did not
anticipate police would actively track such offenders except in egregious cases.
Ms. Bettman determined from staff that HB 2365 was introduced in response to the changes made by the
last legislature in regard to school zones, and asked what it would change. Mr. Cushman indicated the bill
was an attempt to clarify the issue of when children were present. He noted changes made by the last
legislature to that definition and indicated that other options were available to correct the confusion created
by Senate Bill 179.
Mr. Jones said that the cost to the City of complying with the last legislation had been approximately
$7,500, and he thought it would be useful if the bill could be amended with a provision that reimbursed the
City for those costs.
Ms. Bettman, seconded by Ms. Taylor, moved to change the priority of the bill to Priority
1, Support with Amendments. The motion passed unanimously.
Ms. Taylor asked why staff was recommending the City oppose HB 2427, which would require all counties
and cities to create civilian police review boards. Mr. Cushman said the department was not opposed to
civilian review. However, the bill represented not just an unfunded mandate, but it mandated the model of
the review board to be used. In addition, the bill required the City to disclose all records without stipulating
who determined the record and what appeal avenues existed. The bill also gave individual board members
subpoena power equal to that of a magistrate. He suggested that cities that wanted such review boards
should be able to design what worked for them.
Ms. Bettman acknowledged the staff issue but was concerned about opposing the bill given the City's
history of supporting civilian review. She wanted Lane County to have such a review board and thought the
bill might be the only way to accomplish that. She suggested that the bill be deferred to the council for
further discussion.
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 2
Responding to a question from Mr. Pap6, Mr. Heuser said he did not know the position of the Association of
Oregon Counties or League of Oregon Cities regarding the bill.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2,
Monitor. The motion passed unanimously.
Mr. Pap6 referred to SB 0044, relating to underground storage tanks, and asked if it included new tanks as
well. Mr. Davis said that the bill extended the deadline for compliance with State law. It did not affect
Eugene. Staff suggested support for the bill as a general good. Mr. Jones added that the bill merely
extended the fees. It did not change the nature of what was regulated. Mr. Lidz added that it was a general
fee on all tanks to fund cleanups. Mr. Pap6 questioned why the owners of '~good" storage tanks were being
penalized to help those owners who did not. He requested more information about the nature of what was
being regulated.
Referring to SB 0228, which established a minimum amount of participation in physical education for
grades K-8, Ms. Bettman said that it was a good idea but it appeared to her to be an issue for the school
districts. It also appeared to be an unfunded mandate. She believed that music and art were as important as
physical education, and that athletics were being funded at the expense of such classes. Mr. McGee said
staff believed that the bill was generally a good thing and wanted to support it. However, it meant cutting
other programs to fund physical education, staff would not support that, but did not want to oppose the bill
on speculative grounds.
Mr. Heuser acknowledged Ms. Bettman's concern and suggested the City work to make it a funded
mandate. He noted State School Superintendent Susan Castillo's support for the bill.
Mr. Pap6 agreed with Ms. Bettman and suggested the committee recommend the status of the bill be
changed to Support with Amendments. Ms. Bettman preferred to take a neutral position and let the school
districts address the bill. She thought it a home rule issue to some degree and schools should be allowed to
handle the need differently. The bill eliminated individual school flexibility.
Mr. Heuser determined from the committee that if the school districts decided to support the bill and
solicited the City's assistance and the bill found funding, staff should bring it back.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral.
The motion passed unanimously.
Priority 3 Bills
Referring to HB 2034, relating to the deposit of public funds, Ms. Bettman asked that staff bring the bill
back to the next meeting with more information.
Mr. Pap6 said that HB 2035, relating to paintball, seemed like a State preemption. Mr. Heuser indicated
that the bill was introduced at the request of the Friends of Elk Rock Island, which had experienced
problems with paintball wars in the park. Mr. Pap6 had no objection to the priority and status.
Responding to a question from Ms. Taylor about HB 2022, Mr. Cushman said that it expanded current law
related to animal abuse to include criminal liability for the future ability of a service dog to serve. He added
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 3
that staff supported the concept, although he would support changes in the current law that stipulated a dog
that came on a person's property and bit the person was not a nuisance if provoked by the individual. He
did not think that made sense.
Ms. Taylor noted the conflicting staff recommendations regarding HB 2082 and suggested the status be
changed to Monitor.
Ms. Taylor, seconded by Ms. Bettman, moved to change the status of liB 2082 to
Monitor. The motion passed unanimously.
Mr. Pap6 asked about the staff recommendation to drop HB 2083, related to strengthening of Water
Resource Department regulations, suggesting that it might be useful to retain the existing requirement that
that the seller of a property with water rights notify the department. Mr. Duckett indicated he had not
carefully evaluated that element of the bill and agreed to do further review and return to the committee.
Ms. Bettman referred to HB 2123, related to the transfer of water rights, and expressed concern that it
would make it easier for farmers to transfer their water rights to industry. She suggested the bill could
impact the City's sustainable economic development effort, which included locally grown products, and
could facilitate the construction of the proposed Coburg power plant. Speaking to the latter point, Mr.
Duckett indicated his discussion with the Water Master indicated the bill was not introduced for that reason.
It was impelled by concerns generated in eastern Oregon. However, it was possible it could facilitate the
power plant. Mr. Klein indicated he would review the bill to determine its impact. Mr. Heuser said further
research would be done by staff. Mr. Jones noted that the bill was introduced by Governor Ted Kulongski
at the request of the Water Resources Department.
Mr. Pap6 asked that HB 2155, related to fire-fighting resources, be held over until the next meeting when the
appropriate staff was present.
Ms. Bettman noted the neutral position recommended by staff in regard to HB 2183, which would reduce the
allowable blood alcohol level for people who have participated in a diversion program or been convicted of
DUll in the 15 years before the offense. She thought the bill was a good idea. Mr. Cushman indicated the
department had no opposition to the bill but did not think it would have much of an impact.
Ms. Bettman, seconded by Mr. Pap~, moved to change the bill's status to Support. The
motion passed, 2:1; Ms. Taylor voting no.
The committee had questions about HB 2199, related to vertical housing zones, which were deferred until a
staff member of the Planning and Development Department could be present.
The committee had questions about HB 2234, related to enterprise zones, which were deferred until a staff
member of the Planning and Development Department could be present.
Ms. Bettman noted several bills related to public indecency, including HB 2297, 2298, and 2316, and asked
that the text of liB 2298 be provided to her for review. She asked for more information about HB 2297,
which expanded the circumstances under which public indecency was a felony. Mr. Cushman indicated that
the bill would enhance the penalty for individuals who had committed sex crimes in other states.
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 4
Ms. Bettman referred to HB 2349, which would reduce the total cost requirement for exemptions from the
property tax for eligible programs under the Strategic Investment Program. She believed the council had
taken a position against any additional exemptions. Mr. Hill agreed. He said the staff position was
consistent with that policy. The bill addressed an existing tax exemption by reducing the threshold for
eligibility. It targeted nationally traded firms. Ms. Bettman asked if there was a cap to the number of
applicants. Mr. Hill said not to his knowledge. Local eligibility was locally controlled by the City Council.
He believed the bill gave the City additional flexibility it could use at its discretion.
Ms. Bettman questioned the ability of the legislation to accomplish much in terms of assisting the local
economy. It did nothing to assist the City in its focus on smaller businesses. She thought it would have a
negative overall impact on the State budget.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose.
Mr. Heuser said that there were many local governments across the state that supported the bill. The bill
was a priority for the City of Gresham.
Ms. Bettman withdrew her motion. Ms. Taylor withdrew her second.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral.
The motion passed unanimously.
Responding to a question from Ms. Bettman regarding HB 2356, Ms. Muir said the bill would make final
subdivisions a non-land use decision. Ms. Bettman thought it was a land use decisions. Ms. Muir explained
that the public involvement process and discretionary actions occurred at the preliminary subdivision stage.
The legislation would also allow the City to treat the decision as a Type I process rather than a Type II
process. Mr. Pap~ determined from Ms. Muir that the City could retain the process as a Type II process if
it wished.
Responding to a question from Ms. Bettman, Ms. Muir said staff recommended the City monitor the bill but
she would like to support it.
Mr. Pap~ asked that the bill be held pending more information about its sponsors.
Ms. Bettman asked for a description of the differences between the Type I and Type II processes.
Ms. Bettman asked why staff recommended support for HB 2379, relating to homicides involving unborn
children. Mr. Cushman said the scenario the legislature addressed was not currently addressed in law. He
noted that the legislation exempted abortion or an act by the mother of the unborn child. He acknowledged
the ambiguity of the point at which a fetus became an unborn child.
Mr. Heuser noted that another, similar bill had been introduced in the Senate.
Ms. Bettman and Ms. Taylor indicated opposition to the bill.
Mr. Heuser recommended that the committee drop the bill. He anticipated a bitter struggle would occur
over the bill, and a Senate bill had been introduced that would accomplish the best parts of the legislation in
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 5
question.
Ms. Taylor, seconded by Ms. Bettman, moved to drop HB 2379. The motion passed
unanimously.
Ms. Bettman said that if the intent of the bill was as stated by Mr. Cushman, something would have been
included about viability of the child in utero.
Ms. Bettman asked for more information about the staff recommendation for HB 2390: did it address the
situation of someone who committed a crime and then refused to self-identify? Mr. Cushman said that it
addressed criminal investigations, and could conceivably apply to the witness of a crime as well. It solved a
practical problem for the police. Currently, there was no penalty unless the City was taking an enforcement
action. He clarified that the legislation did not address violations.
Mr. Pap6 indicated support for the bill.
Ms. Taylor opposed the bill. She was opposed to creating new crimes that interfered with one's privacy.
Ms. Taylor moved to change the status of the bill to Oppose. The motion died for lack of a
second.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral.
The motion passed, 2:1; Mr. Pap~ voting no.
Ms. Bettman requested examples of when the legislation, if enacted, would be triggered.
Mr. Weinman from the Planning and Development Department having arrived, the committee asked him for
additional information on HB 2199. Mr. Weinman indicated that the bill did not change the ratio between
residential and commercial uses, but would allow them to be located above the first floor. The exemption
allowed 20 percent of the total exemption for each floor of housing, for up to no more than an 80 percent
total exemption. In addition, the legislation moved the administration of the program from the Economic
and Development Department to the Department of Housing and Community Services, which he considered
a positive thing. Ms. Bettman asked if the uses can be mixed on a single floor. Mr. Weinman said he would
prepare a memorandum on the bill in time for the committee's next meeting.
Ms. Bettman asked that the bill be held over pending more information.
Mr. Weinman regretted he was unable to answer the committee's questions regarding HB 2234, the
legislation related to enterprise zones. Ms. Bettman asked staff to find out if the legislation would increase
the number of such zones overall.
Responding to a question from Ms. Bettman regarding SB 0029, related to value for property tax purposes,
Mr. Hill said the bill clarified in statute existing practices.
Responding to a question from Ms. Bettman regarding SB 0082, which would establish a task force on land
use planning, Ms. Muir said that the legislation would provide for the 30-year review of the State land use
program that had been promised in the past. She said the legislation specified the membership of the task
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 6
force. She noted the proposed review had the support of the American Planning Association.
Ms. Bettman recalled that the City's Legislative Policies included support for the State land use system.
Mr. Heuser pointed out that the legislation called for a task force. Ms. Bettman pointed out there was
mention of 'Gland use reform." Mr. Heuser said that the State frequently forms such task forces, and he
believed there was strong support for the legislation. Mr. Pap6 recalled that the governor had indicated there
would be a Department of Land Conservation and Development review, and asked why the legislation was
introduced. Ms. Muir said it was introduced at the governor's request.
Ms. Bettman opposed the formation of the task force because the State already had bodies that had land use
expertise.
Mr. Heuser acknowledged Ms. Bettman's concerns but believed the legislature could interpret the City's
position as unwarranted interference in its affairs. He said that staff would continue to monitor the bill and
follow the development of the criteria for who would participate.
Mr. Pap~ suggested the committee retain the status of Monitor. Mr. Heuser said he would work to influence
the membership in a positive way. Ms. Bettman asked how members were to be appointed. Ms. Muir said
that the members would be appointed by the President of the Senate, the governor, and the Speaker of the
House. There were to be ten members, and they must be knowledgeable about Oregon's land use system
and familiar with the Oregon economic climate. Mr. Heuser indicated he would work with Ms. Muir to
develop language to add to the bill to create more balance.
Responding to a question from Ms. Taylor about SB 0089, related to custodial sexual misconduct, Mr.
Cushman clarified that the bill was intended to address the greater threat of coercion created by such
custodial situations. It was introduced at the request of the Department of Corrections.
Responding to a question from Ms. Bettman about SB 0096, which proposed to reduce the number of
hearings associated required to amend Statewide land use goals, Ms. Muir said the number would be
reduced from the two currently held in each of the State's five regions to one. It was based on the fact the
rules were already made.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose.
The motion passed unanimously.
Ms. Bettman suggested that the City take a neutral position on SB 0101, relating to approach roads, unless
the bill evolved further. Mr. Jones had no objection given the bill had no impact on Eugene.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0101 to Neutral.
The motion passed unanimously.
Ms. Bettman questioned why SB 0127, related to sex offender reporting, was not a higher priority. Mr.
Cushman had no objection to elevating the bill's priority status.
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0127 to Priority
1. The motion passed unanimously.
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 7
Responding to a question from Ms. Bettman regarding the staff recommendation for SB 013 6, related to
flaggers employed projects regulated under federal Davis-Bacon Act, Mr. Jones said the legislation was
introduced at the request of the director of the Bureau of Labor and Industries. He had recommended a
neutral position because he did not think the bill would impact the City as there was not a significant
differential between City and federal wage rates.
Ms. Bettman did not think the City should support such an erosion of wages.
Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Oppose.
The motion passed, 2:1; Mr. Pap6 voting no.
At the request of Mr. Pap6, Mr. Hill reviewed Senate Joint Resolution 0001, which would change Oregon's
ad valorem property tax system to a site value, or split system, that could be enacted by a local government.
It would allow for the differential taxation of land and improvements. He said the system was currently in
use in several Pennsylvania communities. It was intended to accomplish social goals through increased
urban development, urban densities, and infrastructure, as that would be taxed at a lower rate than land,
making it relatively cheaper to develop. In such a system it would be more costly to hold vacant land. The
legislation offered an exemption from the current caps for the districts or governments implementing a site
value system.
Responding to a question from Mr. Pap6, Mr. Hill acknowledged that the change would allow different
taxing system to be established in, for example, a school district, a county, and a city.
Mr. Hill recommended that the City continue to monitor the legislation. He said it was a very complex
issue. The committee concurred.
Responding to a question from Ms. Bettman about the staff recommendation to drop HB 2327A, related to
forest fire protection, Mr. Heuser said staff recommendation was based on the fact it was a State General
Fund issue. Ms. Bettman asked if private land would be covered. Mr. Heuser said yes. He said that rather
than raising fees for additional insurance, the legislature proposed to use General Fund dollars. He said
every state handled the issue differently.
Ms. Bettman opposed the shifting of privately generated costs onto the State. She thought those costs
should be recovered.
Ms. Bettman moved to change the status of liB 2327A to Oppose.
Mr. Heuser cautioned the committee that the bill was on a fast track and enjoyed very wide bipartisan
support. He believed it would be a waste of the City's political capital to oppose the bill, and recommended
the City take a neutral position on the bill.
Ms. Bettman's motion died for lack of second.
Ms. Bettman argued that the City had a legitimate interest in the status of the State's General Fund given the
service reductions that had occurred on the State level. Mr. Heuser suggested that such involvement in State
affairs would serve to empower the State to look more carefully into Eugene's activities. He recommended
that the committee write a letter to the Lane County delegation expressing its concerns.
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 8
Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the legislation to
Monitor and to direct staff to send a letter expressing the committee's concerns about the
proposed legislation to the Lane County delegation. The motion passed unanimously.
Ms. Bettman, seconded by Ms. Taylor, moved to adopt the package of bills as amended.
The motion passed unanimously.
4. Bills of Community Interest
Mr. Heuser referred the committee to a document entitled Bipartisan Legislation l/VouM Continue to
Provide Benefits to Oregon's Rural Schools, Communities. He said that the Secure Rural Schools and
Community Self-Determination Reauthorization Act of 2005 was on the United Front agenda. He recalled
that the committee chose not to act upon a resolution to support the legislation at its October 2004 meeting.
The bill was Lane County's top priority.
Responding to a question from Mr. Pap~, Mr. Heuser did not think Congress had any interest in revising the
bill to address local disputes regarding the allocation of funding. He noted that the jurisdictions did not
generally interfere with each other's priorities, even though, for example, Lane County did not particularly
like some of Eugene's priorities.
Mr. Jones called the committee's attention to the upcoming Lane County Roads Advisory Committee
meeting on February 23. He noted that City Manager Dennis Taylor and Springfield City Manager Mike
Kelly had sent an e-mail to all Lane County City administrators asking them to have their officials appear at
that meeting to discuss the distribution of funds as proposed in the Lane County Capital Improvement
Program. He believed a discussion of the line between supporting the federal legislation and the leverage
Eugene had with Lane County was a very ripe topic.
Mr. Heuser indicated that the City could approach the Congressional delegation again about the topic.
Ms. Bettman recommended that Mr. Pap~ seek council direction regarding his discussions with the federal
delegation. She also recommended that Council President George Poling testify before the Roads Advisory
Committee about the City's road funding needs.
5. Salem Report
This item was not addressed.
6. Other Legislative Concerns
There were no other concerns raised by the committee or staff.
The meeting adjourned at 11:30 a.m.
(Recorded by Kimberly Young)
MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 9
ATTACHMENT B
REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 1
BILLS AND RESPONSE DETAIL RL
DATE~J
TIME: 11
Ab
BILLS SENT DUE DATE SUBJECT PRIORITY RECOI~A~ENDATION
HB 2183 1/13/2005 1/27/2005 DRIVING UNDER
INFLUENCE PRI 3 SUPPORT
RELATING RELATING TO BLOOD ALCOHOL CONTENT FOR DRIVING WHILE UNDER THE INFLUENCE
CLAUSE OF INTOXICANTS; CREATING NEW PROVISIONS; AND AMENDING ORS 676.260,
811.182, 813.010, 813.130, 813.300 AND 813.410.
TITLE REDUCES BLOOD ALCOHOL CONTENT THAT CONSTITUTES BEING UNDER
INFLUENCE OF INTOXICANTS TO 0.05 PERCENT FOR PERSONS WHO, IN 15
YEARS PRIOR TO CURRENT OFFENSE, HAVE PARTICIPATED IN DIVERSION
PROGRAM OR HAVE BEEN CONVICTED OF DRIVING WHILE UNDER INFLUENCE
OF INTOXICANTS.
POL
CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY NuMRECOI,~4ENDATiON
ELLWOOD E. EPD-
CUSHMAN CUSHMAN ADM 1/25/2005 PRI 3 YES VI.C.8 .NEUTRAL
COMMENTS: MONITOR FOR AMENDMENT. NO KNOWN FISCAL IMPACT.
ERIC JONES PWA 1/24/2005
i COMMENTS: NOT A PW BILL. DEFER TO EPD FOR ANALYSIS. ERICJ
HB
1/27/2005 2/9/2005 CRIME PRI 3 NEUTRAL
2390
RELATING
RELATING TO REFUSAL TO IDENTIFY TO A PEACE OFFICER.
CLAUSE
TITLE CREATES CRIME OF REFUSAL TO IDENTIFY. PUNISHES BY MAXIMUM OF 30
DAYS' IMPRISONMENT, $1,250 FINE, OR BOTH.
POL
CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICYNuMRECOI~4ENDATION
ELLWOOD
C. TILBY EPD-ADM 2/4/2005 PRI 3 NO SUPPORT
CUSHMAN
COMMENTS: BEING ABLE TO CORRECTLY IDENTIFY SUSPECTS AND WITNESSES
DURING A CRIMINAL INVESTIGATION IS ABSOLUTELY CRITICAL
TO TAKING APPROPRIATE ENFORCEMENT ACTION AGAINST THOSE
WHO HAVE COMMITTED CRIMES, AND PROTECTING THOSE WHO
HAVE BEEN VICTIMIZED OR WRONGLY ACCUSED. THIS BILL
MAKES IT A CRIME TO REFUSE TO IDENTIFY ONESELF AFTER
BEING INFORMED THAT IS NEEDED FOR A POLICE OFFICER'S
INVESTIGATION OF A CRIME, REQUIRING THAT THE PERSON
ONLY PROVIDE HIS/HER TRUE NAME AND DATE OF BIRTH (KEY
IDENTIFIERS). HOWEVER, THE BILL ALSO HAS TWO MITIGATING
FACTORS: (1) IF THE PERSON HAS IDENTIFIED
HIMSELF/HERSELF AT ANY TIME PRIOR TO A PLEA BEING
ENTERED ON THE CHARGE, THE COURT CAN TREAT THE ISSUE AS
A VIOLATION. (2} THE LAW ALLOWS POLICE TO DETAIN A
PERSON FOR THIS OFFENSE ONLY FOR THE LENGTH OF TIME IT
TAKES TO ESTABLISH THE PERSON'S IDENTITY, A RESTRICTION
http ://ceonline/celeg/reports/BillsDe~tail. asp 2/25/2005
Page 2
SIMILAR TO THAT IN ORS 807.570(4) IN SITUATIONS WHERE A
DRIVER FAILS TO PRESENT A DRIVER'S LICENSE.
SB 0~36 1/12/2005 1/26/2005 PREVAILING WAGE PRI 3 OPPOSE
RELATING RELATING TO FLAGGERS EMPLOYED ON PROJECTS REGULATED UNDER FEDERAL
CLAUSE DAVIS-BACON ACT; AMENDING ORS 279A.010 AND 279C.810.
TITLE REMOVES REQUIREMENT THAT CONTRACTORs AND SUBCONTRACTORS PAY
FLAGGERS STATE PREVAILING WAGE RATE ON PROJECT REGULATED UNDER
FEDERAL DAVIS-BACON ACT.
.pOL
CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY Nui~.RECO~NDATiON
CAROL CAROL
POMES POMES CS-FCS 1/14/2005
COMMENTS: DEFER TO PWA OR PWE ON THIS BILL.
ERIC ERIC
JONES JONES PWA 2/4/2005 PRI 3 NO NEUTRAL
COMMENTS: ONLY $0.05 DIFFERENCE BETWEEN FEDERAL WITH STATE WAGE
RATES. NO DISCERNABLE EFFECT ON CITY COSTS. - REVIEWED
BY PAUL KLOPE
JEROME JEROME
LIDZ LIDZ ATTORNEY 1/20/2005 PRI 3 SUPPORT
COMMENTS: I DEFER TO PUBLIC WORKS ON THIS BILL. IN THE ABSENCE OF
OTHER INFORMATION, I WOULD THINK THAT NOT HAVING TO PAY
PREVAILING WAGE TO FLAGGERS WOULD SAVE THE CITY SOME
MONEY. HOWEVER, I DOUBT THE SAVINGS WOULD BE
SIGNIFICANT ENOUGH TO JUSTIFY MUCH STAFF TIME ON THE
BILL.
Eugene Police Department
777 Pearl St, Room 107
Eugene, Oregon 97401
MEMORANDUM
www. ci.eugene.or, us
Date: March 1, 2005
To: Mayor Piercy and City Council
From: Robert M. Lehner, Chief of Police
682-5102
Subject: HB 2390
The IGR Committee, at its February 11 meeting, requested some examples as to how HB 2390 might be
applied if it were enacted. Specifically, they were interested in some examples of crimes (which would
be covered by the bill) as opposed to violations (which would not be covered). This memo is intended to
provide that information.
HB 2390 would create the offense of refusal to identify if, "after having been specifically informed by a
peace officer that the person's identity is being requested in connection with the investigation of a crime,
the person refuses or fails to accurately report the person's identity in response to the officer's demand."
The term "identity" is defined as the person's true name and date of birth. Contrary to most criminal
statutes, this bill specifies that a person arrested for this offense "may be detained only for the time
reasonably necessary to investigate and establish the person's identity." This portion of the bill is
patterned after ORS 807.570, which creates the crime of failure to carry or present a driver's license, but
restricts the length of detention to the time "reasonably necessary to investigate and verify the person's
identity."
The ability to accurately identify persons who may have information relevant to a criminal investigation
is very important, both in terms of gaining the information needed to successfully complete the
investigation, and to make sure that investigating officers have the true names and dates of birth (a critical
identifier) of those who may be witnesses or suspects. A thorough investigation serves the public interest
by ensuring that people breaking the law are held accountable for their actions and ensuring that innocent
members of the community are protected. For these reasons, we feel passage of the bill would aid our
ability to conduct investigations in some of the situations that we encounter.
This bill restricts the applicability of this proposed offense of refusal to identify to the investigation of a
"crime", which is defined in ORS 161.515 as a misdemeanor or felony for which a sentence of
imprisonment is authorized (i.e., incarceration in either jail or prison). Most offenses which are crimes
under state law, and for which a municipal ordinance has been adopted, would be crimes under city
ordinance as well (e.g., theft, shoplifting, assault, trespass, criminal mischief, weapons offenses,
menacing, intimidation). The majority of motor vehicle violations are not crimes, and this bill would
apply only those more serious offenses for which a person could be sentenced to a period of incarceration
(e.g., DUll, reckless driving, hit and run). Many other city ordinance violations are not crimes. Attached
is a list of city ordinance violations which are crimes under the city code.
City Ordinance violations which constitute crimes
2.019 Violation of park rules
4.080 Prohibited noise disturbance
4.081 Prohibited noise disturbance - failure to cease
4.110 Furnishing alcohol to minors
4.145 Minors falsely representing age
4.190 Consumption/possession on unlicensed public premises
4.191 Possess of unlabeled keg of beer
4.230 Inhaling toxic vapors
4.335 Animal Abuse 1
4.340 Animal Neglect 1
4.500 Interference with a police animal
4.680 Acts prohibited at night
4.700 Soliciting delinquent acts by a minor
4.705 Offensive physical contact prohibited
4.707 Pedestrians
4.725 Disorderly conduct
4.726 Harassment
4.729 Assault
4.730 Menacing
4.731 Intimidation 2
4.732 Assaulting a public safety officer
4.745 Prostitution
4.755 Public indecency
4.780 Criminal Mischief 3
4.782 Criminal Mischief 2
4.806 Criminal Trespass 2 by a guest
4.807 Criminal Trespass 2
4.808 Criminal Trespass 1
4.809 Criminal trespass while in possession of a firearm
4.812 Violating the privacy of another
4.815 Prohibited camping - willful violation
4.820 Petty larceny
4.825 Shoplifting
4.872 Pedestrian mall - prohibited acts - willful violation
4.886 Pointing a firearm at another
4.887 Carrying concealed weapon
4.888 Unlawful possession of a firearm
4.904 Improper use of emergency telephone equipment
4.905 Initiating a false report
4.906 False info to police for citation
4.907 Interfering with a police officer
4.908 False swearing
4.910 Resisting arrest
4.912 Hindering prosecution (misdemeanor)
4.915 Escape from custody
4.920 Criminal impersonation
4.930 Theft of services
4.942 Obstructing governmental or judicial administration
4.943 Tampering with physical evidence
4.960 Child neglect
480.120(1)* Prohibited fireworks (* ORS #)
ORS traffic offenses (adopted into city code) which constitute crimes
803.375 False Application Prohibited - Vehicle Registration
807.590 Permitting Misuse of DL (Lending)
807.620 Giving False Information
807.430 Misuse ID Card
807.580 Using Invalid DL
807.600 Using Another's DL
811.182 Driving While Suspended
813.010 Driving Under Influence Intoxicants
811.540 Eluding
811.700 Hit and Run
811.140 Reckless Driving
811.060 Vehicular Assault of bicyclist or pedestrian
811.740 False Accident Report
819.010 Requirements for Destruction of Vehicle
822.005 Dealer Certificate Violation
822.100 Conducting Wrecking Business w/o Certificate
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Bill# Pri # Recommendation Title Committee
Creates crime of hindering assistance animal in second degree. Punishes by maximum of one
/ear's imprisonment, $6,250 fine, or both. Creates crime of hindering assistance animal in first
degree. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Expands crime
of first degree animal abuse to include certain actions relating to assistance animals. Modifies
grounds for civil cause of action for damages arising from certain acts involving assistance animals.
Classifies dog that, without provocation, injures, disables or causes death of assistance animal as
~ublic nuisance. Changes description of premises for purposes of statutes describing dog as public
HB 2022 3 Supp w/Am nuisance. Increases fine for certain nuisances involving dogs. 2/11
Requires water supplier serving more than 10,000 people to fluoridate water supply. Allows certain
water suppliers to receive state financial assistance for initial costs of fluoridation. Appropriates
moneys from General Fund to Department of Human Services for reimbursing water suppliers for
HB 2025 2 Oppose nitial costs of fluoridation. 0/00
HB 2033 3 Support Cladfies provisions regarding public funds, pool managers, depository banks and custodian banks. 1/25
Authorizes deposit of public moneys into financial institutions outside Oregon in specified
circumstances. Allows public official to exceed limitations on amount deposited without collateral in
HB 2034 3 Support specified circumstances. 2/17
Provides that person commits violation if person discharges paintball gun toward, or while in, public
HB 2035 3 Support ~ark. Punishes violation by maximum fine of $720. 2/11
HB 2041 3 Neutral Modifies definition of 'issuers' authorized to issue private activity bonds. 2111
Exempts from property taxation contractual dghts and other intangible property dedved from
contracts between qualified government entities and energy marketing companies that relate to
operation of electric generation or distribution facilities owned by qualified government entities or
that relate to purchases of energy by energy marketing companies from facilities owned by qualified
HB 2047 2 Oppose government entities. Applies to tax years beginning on or after July 1, 2006. 2/11
Restores cigarette tax dedicated to Oregon Health Plan. Extends indefinitely period in which tax is
~mposed. Applies to cigarettes distributed in calendar quarters beginning on or after effective date of
HB 2048 1 Support Act. Takes effect on 91st day following adjournment sine die. 2/01
Increases Housing and Community Services Department revenue bond limit. Deletes provisions
HB 2052 3 Monitor relating to repealed section of Internal Revenue Code. 2/11
Provides that licenses issued by Oregon Liquor Control Commission are valid for two years instead
of one year. Establishes nonrefundable initial application fee of $400 for processing initial
application for license issued by commission. Allows commission to waive initial application fee
based on criteria established by commission rule. Allows commission to issue temporary letter of
2056 3 Oppose authority for period not to exceed 180 days to any license applicant. 1/25
HB
Provides staggered terms for members of State Aviation Board. Declares emergency, effective on
HB 2067 3 Support ~assage. 2/17
x
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Changes requirements for registration of civil aimraft. Changes time limits for imposition of
~enalties for late registration and renewal of registration. Authorizes imposition of civil penalty for
HB 2068 3 Support failure to register or renew registration of aircraft. 2/11
Grants legislative approval of authority for Department of State Lands to administer permits for
discharge of dredge or fill materials under Section 404 of Federal Water Pollution Control Act.
HB 2082 3 Monitor Declares emergency, effective on passage. 2/11
Eliminates requirement that seller of property with water right notify Water Resources Department
of sale. Repeals requirement that person owning property on which well is ddlled record information
on well in deed records. Repeals provisions relating to water use registration when use is for
HB 2083 3 Monitor wetland, stream or riparian restoration or storm water management. 2/17
HB 2109 3 Support Revises laws regarding ddver duties to certain pedestrians. 2/24
Allows Department of Transportation to establish, or delegate authority to establish, designated
HB 2116 3 Support speed on highways by process established by rule. Declares emergency, effective on passage. 2/01
Requires Director of Employment Department, when one employer transfers trade or business to
another employer, to recalculate tax rates of employers based on transfer of unemployment
experience attributable to transferred trade or business. Prohibits person from engaging in activity to
transfer or acquire trade or business solely or primarily for purpose of obtaining lower tax rate.
Prohibits person from advising another person about such activity. Provides civil and criminal
HB 2124 3 Monitor penalties. ~/~_.
Authorizes State Department of Agriculture to develop and administer program to educate urban
residents regarding noncommercial pesticide use. Authorizes department to coordinate pesticide
program information gathering and utilization. Changes implementation and sunset dates for
HB 2152 2 Support statewide pesticide use reporting system. 2/01
Expands authority of Governor to assign fire-fighting resources across jurisdictional boundaries
HB 2155 3 Oppose when certain conditions exist. 2/17
Prohibits city, county, district or other political subdivision from imposing taxes, fees or driver or
vehicle standards related to intrastate and intercity route of provider of regular route full-service
HB 2163 3 Monitor scheduled transportation of persons. 2/11
Adds two members to Oregon Transportation Commission. Requires two members to be elected
HB 2164 2 Neutral local officials at time of appointment. 2/01
Creates Local Officials Advisory Committee to advise Oregon Transportation Commission and
HB 2165 2 Oppose Department of Transportation. 2/01
Deletes provisions allowing municipal corporations to request Secretary of State to develop or
revise and install accounting systems. Modifies requirement that contracts for conducting municipal
HB 2166 3 Support audits be provided to Secretary of State. Modifies language to conform with Current usage. 2/11
Reduces blood alcohol content that constitutes being under influence of intoxicants to 0.05 percent
for persons who, in 15 years prior to current offense, have participated in diversion program or have
HB 2183 3 Support been convicted of driving while under influence of intoxicants. 2/11
2..
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Expands offense of driving while under influence of intoxicants to include any substance that
adversely affects person's physical or mental faculties to noticeable or perceptible degree. Defines
HB 2184 2 Support intoxicant. Takes effect July 1,2006. 2/11
Increases pedod of time person is ineligible to receive hardship permit if person refused to take
breath or blood test and person previously had been charged with offense of driving while under
HB 2185 3 Neutral influence of intoxicants. 2/11
Changes statutory deadline to submit application for retail fireworks sales permit. Replaces list of
unregulated items with reference to items identified by rule. Deletes certain definitions identifying
HB 2190 2 Supp w/Am characteristics of fireworks. Allows certain fireworks definitions to be supplemented by rule. 2/01
Modifies definition of 'transient lodging' for transient lodging tax purposes to include houses,
cabins, condominiums, apartment units, tent spaces and other dwelling units that are used for
temporary human occupancy. Exempts certain dwelling units from state transient lodging tax.
Authorizes Department of Revenue to adopt rules. Applies to transient lodging tax reporting pedods
HB 2197 2 Support beginning on or after January 1, 2006. Takes effect on 91st day following adjournment sine die. 2/11
Moves oversight of vertical housing development zone program from Economic and Community
Development Department to Housing and Community Services Department. Broadens definition of
'vertical housing development project' to include projects that have residential and nonresidential
uses in any portion of project. Authorizes Housing and Community Services Department to establish
criteria for determining when to certify property for partial property tax exemption. Encourages
development of residential housing in vertical housing development project that is reserved for
HB 2199 3 Support 3ersons or families with limited income. Takes effect on 91st day following adjoumment sine die. 2/11
HB 2204 3 Neutral Allows state agency to send notice of intended rulemaking action to interested persons by e-mail. 2/11
Establishes rules and procedures for establishing record when petition for judicial reView is filed in
circuit court challenging order other than contested case issued by state agency. Allows person who
~s qualified to file petition to request that agency consider additional evidence related to order.
Establishes timelines and procedures for transmission of agency record to court. Awards to agency
costs of preparing record in certain circumstances. Provides that review of order other than
contested case by court is confined to record transmitted to court and certain additional evidence
that may be included in record. Provides that court may not substitute its judgment for that of
HB 2208 3 Monitor agency as to any issue of fact or agency discretion. 2/11
Requires that telecommunications service provider provide written contract to customer after
3roviding new services or changing services provided to customer. Requires telecommunications
service provider to allow new customer to cancel contract within 30 days after activation of service.
Requires telecommunications service provider to allow current customer to cancel contract, or elect
different services, if services provided to customer are changed. Provides that violation of
HB 2218 2 Support requirements is unlawful trade practice. 1/25
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Increases number of enterprise zones that may be designated for electronic commerce. Extends
pedod during which business firm may obtain certification for facilities in nonurban enterprise zones.
HB 2234 6 Drop Takes effect on 91st day following adjournment sine die. 2/17
HB 2253 3 Neutral Conforms references to local governments to defined term. 2/11
HB 2256 3 Neutral Identifies provisions to which definitions apply. 2/17
Modifies procedure for awarding public contract for procurement of goods or services not
HB 2259 2 Support exceeding $5,000. Declares emergency, effective March 1, 2005. 1/25
Modifies rules goveming appraisal exchanges in condemnation actions. Provides that if appraisal
relies on written report, opinion or estimate of person who is not appraiser, appraisal must have
attached copy of report, opinion or estimate. Provides that if appraisal relies on unwritten report,
opinion or estimate of person who is not appraiser, party providing appraisal must also provide
HB 2268 3 Monitor name and address of person who provided unwritten report, opinion or estimate. 2/17
Establishes optional procedure allowing public condemner to give notice that condemner will take
immediate possession of property subject to condemnation and acquire order confirming immediate
HB 2269 3 Support ~ossession of property. 2/24
Expands sex offender reporting requirements by requiring sex offender to report when sex
HB 2296 3 Support offender works at, carries on vocation at or attends institution of higher education. 2/11
HB 2297 3 Support Expands circumstances under which public indecency is felony. 2/11
Requires person with duty to report as sex offender to report every 10 days if person does not have
HB 2300 2 Support fixed address. 2/11
Expands definition of 'sex crime' for certain purposes by including public or pdvate indecency
HB 2316 3 Support regardless of whether person has prior conviction for another sex crime. 2/11
HB 2318 2 Support Expands cdme of telephonic harassment. 2/11
Increases penalties for intimidation in second degree under certain circumstances to maximum five
HB 2321 3 Support /ears' imprisonment, $125,000 fine, or both. 2/11
Establishes policy of state for funding of fire protection. Directs State Forestry Department to
include specific request in budget forms prepared for Oregon Department of Administrative
Services. Creates Oregon Fire Protection Contingency Fund. Specifies sources and purposes.
Forbids forester or other agency from interfering with landowner taking action to suppress fire on
landowner's land unless action would increase risk of injury to persons or equipment. Reduces or
eliminates harvest tax and assessments, depending on amount held in Oregon Forest Land
Protection Fund. Removes sunset of provisions reducing reserve base of Oregon Forest Land
Protection Fund. Appropriates moneys from General Fund to State Forestry Department for
HB 2327A 3 Monitor payment of catastrophic fire insurance. Declares emergency, effective March 1, 2005. 2/11
Reduces rate of tax on capital gains of personal income and corporate income and excise
taxpayers. Phases in reduction. Applies to tax years beginning on or after January 1,2006, for
HB 2332 2 Oppose 3ersonal income taxpayers and January 1, 2008, for corporate income and excise taxpayers. 2/01
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Requires law enforcement agencies to complete investigations of certain cases of alleged child
HB 2335 3 Support sexual abuse no later than 45 days after commencing investigation. 2/11
Modifies provisions relating to setting aside record of conviction. Increases fee for setting aside
HB 2337 3 Oppose record of conviction. Specifies uses for which increased fee may be used. 1/25
Reduces total cost requirement for exemption from property tax for eligible projects under strategic
HB 2349 3 Neutral investment program. 2/11
Requires public contracts awarded by state contracting agencies to contain condition requiring
contractors to ensure nonsupervisory employees receive no less than minimum living wage.
Requires Oregon Department of Administrative Services to make annual adjustments to minimum
living wage. Provides exception for public contracts that require payment of prevailing wage rates or
HB 2350 2 Support when project is regulated under Davis-Bacon Act. 2/01
Authorizes combination of three vehicles to be operated on highway under specified
HB 2353 3 Monitor circumstances. 2/01
Allows defendant in condemnation action to amend or revise appraisal at any time before trial as
long as amendment or revision does not result in substantial change in amount of claimed
compensation. Allows plaintiff in condemnation action to amend or revise appraisal at any time
before trial, subject to restrictions on reduction of amount of just compensation offered, pleaded or
HB 2355 2 Monitor deposited. 2/24
Authorizes use of photo radar in Lake Oswego, Milwaukie and Roseburg. Removes requirement
HB 2364 3 Neutral that photo radar equipment be operated b)/ uniformed police officer from marked police vehicle. 2/11
Modifies offense of violating speed limit by requiring driver to ddve 20 miles per hour or less in
school zones when children are present or flashing light is in operation. Declares emergency,
HB 2365 I Supp w/Am effective July 1,2005. 2/11
Eliminates civil liability of seller or manufacturer of firearm or ammunition for damages resulting
HB 2373 3 Neutral from unlawful use of firearm. Specifies exceptions. 2/11
Extends working family child care tax credit to grandparents and guardians of qualifying child.
Applies to tax years beginning on or after January 1, 2005. Takes effect on 91st day following
HB 2378 2 Support adjoumment sine die. 2~24
Expands criminal homicide to include causing death of unborn child. Provides exception for lawful
HB 2379 6 Drop abortions and acts committed by pre'gnant woman. 2/11
Eliminates personal income tax on taxable income below certain level. Applies to tax years
HB 2388 2 Oppose beginning on or after January 1, 2006. 2/17
Creates crime of refusal to identify.. Punishes by maximum of 30 days' imprisonment, $1,250 fine,
HB 2390 3 Neutral or both. 2/11
Prohibits unit of local government from imposing industry-specific sales tax. Permits collection of
otherwise prohibited tax if ordinance or other law imposing tax took effect or became operative
HB 2396 1 Oppose before January 1, 2005. Takes effect on 91st day following adjournment sine die. 2/17
HB 2403 3 Support Requires Department of Transportation to conduct study on photo radar. 2/17
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Directs Department of Transportation to conduct study of outdoor lighting altematives. Requires
HB 2411 3 Support department to report to Seventy-fourth Legislative Assembly. 2/17
Establishes rules governing passage of property from eldedy and incapacitated persons who suffer
physical or financial abuse that results in felony conviction of abuser. Provides that if abused person
dies within five years after abuse occurs, property that would have passed from abused person to
abuser by intestate succession, by will or by trust passes as if abuser had predeceased abused
HB 2415 3 Drop ~erson. 2/17
Creates tax credit for cost taxpayer actually paid for providing home purchase assistance to
employee of taxpayer. Applies to costs actually paid for home purchase assistance in tax years
HB 2417 3 Oppose beginning on or after January 1, 2006. 2/24
Expands state no call program and regulation of unlawful telephone solicitations to include all
telephone customers of telecommunications companies. Authorizes Attorney General to designate
federal do not call registry in lieu of contracting for administration of separate state registry.
Requires Attorney General, if requested, to instruct party on how to register with federal agency that
HB 2424 3 Support maintains federal registry. Declares emergency, effective on passage. 2/17
HB 2427 2 Monitor Requires all counties and certain cities to create civilian police review boards. 2/11
Modifies rulemaking authority of Land Conservation and Development Commission related to
HB 2438 3 Oppose exceptions to statewide land use planning goals. 3/09
Authorizes school districts to activate urban renewal agencies and adopt urban renewal plans for
HB 2440 2 Oppose 3urpose of funding school construction and improvements. 2/24
Imposes requirements on local governments with respect to provision of telecommunications
HB 2445 I Oppose service by local government. Provides exceptions. 2/17
Directs Department of Revenue to establish and promote voluntary compliance initiative for
taxpayers who utilize abusive tax avoidance transactions to underreport personal income or
corporate income or excise taxes. Establishes reporting and registration requirements and
enhanced penalties for persons who use abusive tax avoidance transactions, or who serve as
material advisors for certain transactions. Extends pedod for which notice of deficiency may be
issued in cases in which returns reflect use of abusive tax avoidance transactions. Imposes tax
return preparer penalties on preparers who prepare returns that reflect use of abusive tax shelters
or who willfully or recklessly disregard tax laws. Directs Department of Revenue to establish general
tax amnesty program of limited duration. Waives penalties for taxpayers that pay outstanding taxes.
Increases penalties on taxpayers who fail to fully participate. Takes effect on 91st day following
HB 2455 3 Support adjournment sine die. 2/24
Increases punishment for crime of invasion of personal privacy to maximum of five years'
imprisonment, $125,000 fine, or both. Provides that invasion of personal privacy is sex cdme
HB 2457 2 Support requiring registration if victim is less than 18 years of age. 2/24
Creates Task Force on Sodium Azide. Sunsets task force on date of convening of next legislative
HB 2507 3 Support session. Declares emergency, effective on passage. 2/24
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Appropriates moneys from General Fund to State Forestry Department for certain biennial
expenses. Limits biennial expenditures from fees, moneys or other revenues, including
Miscellaneous Receipts, and including certain federal funds, but excluding lottery funds, collected or
received by department. Limits biennial expenditures of department from certain federal funds.
HB 5030 3 Monitor Authorizes specified nonlimited expenditures. Declares emergency, effective July 1, 2005. 2/01
Directs Oregon Watershed Enhancement Board to allocate moneys deposited into Watershed
Improvement Operating Fund and Watershed Improvement Grant Fund to vadous state agencies to
implement section 4 (10), Article XV of Oregon Constitution. Limits biennial expenditures of board
from federal funds and certain lottery funds. Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected
or received by board, for agency operations related to Oregon Plan. Directs board to establish by
rule process for allocating available moneys in Restoration and Protection Subaccount of Parks and
HB 5074 3 Monitor Natural Resources Fund. Declares emergency, effective July 1,2005. 2/17
Limits expenditures of lottery funds from Parks and Natural Resources Fund for capital
expenditures by Oregon Watershed Enhancement Board for six-year period beginning July 1, 2005.
HB 5075 3 Monitor Declares emergency, effective July 1, 2005. 2/17
Proposes amendment to Oregon Constitution to authorize use of revenues from taxes on motor
vehicle fuel and on ownership and operation of motor vehicle by school districts for transportation of
students. Refers proposed amendment to people for their approval or rejection at next regular
H JR 0004 3 Oppose general election. 2/24
Extends sunset on law requiring annual report byPublic Utility Commission to Govemor and
Legislative Assembly on various matters relating to telecommunications industry. Declares
SB 0013 3 Support emergency, effective on passage. 1/25
Allows moneys generated by universal service sumharge to be used to ensure that broadband
Services are available at reasonable and affordable rate. Declares emergency, effective on
SB 0014 3 Support passage. 1/25
Extends sunset on Oregon Telecommunications Coordinating Council to January 2, 2010.
Authorizes payment of expenses of members of council from contributions. Requires reports to
SB 0015 3 Support Legislative Assembly. Declares emergency, effective on passage. 1/25
Requires that Public Utility Commission administer laws relating to telecommunications in manner
SB 0016 3 Support that is consistent with goal of promoting access to broadband services. 1/25
Creates Task Force on Telecommunications Law Revision. Declares emergency, effective on
SB 0017 3 Monitor passage. 1/25
Makes numerous technical changes to procedures for issuing, selling and maintaining bonds
SB 0023 3 Support issued by public issuers. 1/25
Authorizes Attorney General to represent public officer or body as lead plaintiff in certain class
SB 0026 3 Support action proceedings. .1/25
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Allows estimate of financial effect of state measure on state or local govemments printed in voters
pamphlet and on ballot to include estimate of financial effect on state and local govemments if
measure is not enacted. Requires estimate of financial effect of enacting state measure to specify
amount of financial effect, that measure has financial effect of less than $100,000 or that measure
SB 0027 3 Neutral has no financial effect. 1/25
Clarifies maximum amount of outstanding indebtedness that applies to limited tax bonds issued to
SB 0028 3 Monitor finance pension liabilities. 2/17
States type of value that is subject to changed property ratio for purposes of determining property
tax maximum assessed value under certain circumstances. Applies to property tax years beginning
SB 0029 3 Monitor on or after July 1, 2006. 2/11
Provides that new subpoena need not be served in criminal action when date or time of
SB 0036 3 Neutral appearance has changed if person subpoenaed is notified of change. 2/11
Modifies Water Pollution Control Revolving Fund loan program to allow 20 years for repayment
SB 0042 3 Support after project completion. 2/11
SB 0044 2 Support Extends sunset of underground storage tank fee. Declares emergency, effective on passage. 2/17
Allows Department of Environmental Quality to issue individual, general or watershed water
3ollution discharge permits. Allows department to issue permits by order. Allows department to use
fees from water pollution discharge permits to administer any water pollution control program.
Directs department to report annually to Environmental Quality Commission and legislature on
administration of watershed approach to permits. Allows commission to increase fees for certain
SB 0045 2 Support 3ermits based on anticipated cost of program. 1/25
Allows State Board of Examiners for Engineering and Land Surveying to establish branches of
land surveying for issuance of certificate of registration. Allows board to issue certificate of
registration in newly established branch of land surveying without examination under certain
circumstances. Redefines 'practice of land surveying.' Makes new definition applicable to services
rendered on or after effective date of Act. Adjusts wording of provision allowing engineer or
3rofessional engineer to make certain survey measurements and moves provision to separate
SB 0055 3 Neutral section. Revises language to expressly state that board has authority to establish fees by rule. 2/11
Authorizes issuance of lottery bonds for transportation projects. Specifies uses of moneys. Sunsets
SB 0071 2 Supp w/Am January 2, 2008. Declares emergency, effective July 1, 2005. 2/01
Waives reinstatement fee for suspended driving privileges when Department of Transportation
determines that person was in compliance with requirements of court pdor to effective date of
SB 0073 3 Support suspension. Declares emergency, effective on passage. 2/11
SB 0078 3 Oppose Requires drivers to submit certain accident reports to Department of Transportation. 2/17
Establishes Oregon Task Force on Land Use Planning. Specifies membership. Directs task force
to study Oregon land use system and develop list of recommended changes. Requires task force to
submit preliminary and final reports to Legislative Assembly, Governor and Land Conservation and
SB 0082 3 Supp w/Am Development Commission. Sunsets January 2, 2010. Declares emergency, effective on passage. 2/11
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Modifies definition of 'significant structure' for purposes of requiring certificate of registration as
professional structural engineer. Deletes obsolete provision regarding obtaining certificate of
SB 0083 3 Neutral registration as professional structural engineer without examination. 2/11
Modifies laws requiring electric utilities to allow net metedng for customers that have facilities for
generation of electricity. Allows those customers to use biomass generation in addition to solar
3ower, wind power, fuel cells and hydroelectric power. Allows Public Utility Commission to extend
requirements of net metedng law to customer-generator with generating capacity of more than 25
SB 0084 3 Support kilowatts if customer-generator is customer of public utility. 2/01
Creates crime of custodial sexual misconduct in first degree. Punishes by maximum of five years'
imprisonment, $125,000 fine, or both. Creates cdme of custodial sexual misconduct in second
degree. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Declares
SB 0089 3 Support emergency, effective on passage. 2/11
Eliminates statutory requirement that entity receiving report of child abuse immediately notify other
entities eligible to receive report. Requires entity receiving report of child abuse to notify other
entities pursuant to rule. Requires Department of Human Services to adopt rules governing
SB 0094 3 Neutral notification requirement. Declares emergency, effective on passage. 2/11
Authorizes Land Conservation and Development Commission to amend statewide land use
planning goals and guidelines after one public hearing if amendment is necessary to conform goals
SB 0096 3 Oppose and guidelines to legislative enactment or initiative measure. 2/11
Authorizes claim for relief against Department of Transportation if certain approach roads are
SB 0101 3 Neutral closed by department. 2/11
Requires flrefighters and emergency medical technicians to report abuse of eldedy persons.
Modifies definition of 'abuse' for Elderly Persons and Persons with Disabilities Abuse Prevention
Act. Modifies definition of 'abuse' for reporting abuse of elderly persons. Establishes rules goveming
passage of property from elderly and incapacitated persons who suffer physical or financial abuse
that results in felony conviction of abuser. Provides that if abused person dies within five years after
abuse occurs, property that would have passed from abused person to abuser by intestate
SB 0106 3 Support succession, by will or by trust passes as if abuser had predeceased abused person. 2~24
Authorizes Director of Department of Consumer and Business Services to provide assistance
SB 0119 3 Support directly to certain injured workers through Reemployment Assistance Program. 1/25
Specifies certain genera of primarily herbivorous piranha that are permitted to be possessed
SB 0125 3 Oppose without permit. 2/01
Expands definition of 'sex crime' for purposes of sex offender registration to include cdmes of other
jurisdictions requiring registration as sex offender under federal law. Requires person who moves
into this state to report to law enforcement agency if person is required by federal law to report as
SB 0127 2 Support sex offender. 2/11
Allows grand jury to receive in evidence affidavit of representative of Oregon State POlice
SB 0128 3 Support concerning completeness of certain records of sex offenders. 2/11
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Removes requirement that contractors and subcontractors pay flaggers state prevailing wage rate
SB 0136 3 Oppose on project regulated under federal Davis-Bacon Act. 2/11
Increases period in which retaliation complaint may be filed under occupational safety laws from 30
days to 90 days after employee has reasonable cause to believe unlawful employment practice has
SB 0147 3 Neutral occurred. Declares emergency, effective on passage. 1/25
Prohibits employers from entering into public works contracts for which contract price exceeds
$250,000 unless employer is approved apprenticeship training agent. Requires specifications and
contracts for public works for which contract pdce exceeds $250,000 to require contractors to be
SB 0150 3 Oppose approved training agents. 2/01
Requires each city operating photo red light camera or photo radar system to present biennial
ireport to Legislative Assembly. Terminates photo red light camera and photo radar system on
SB 0153 3 Oppose i January 2, 2008. 2/11
Specifies that employees of forest protective associations or persons acting as agents of forest
Iprotective associations, when fighting fires at direction of forester, are agents of public body for
SB 0177 3 Neutral purposes of tort actions. 1/25
Provides immunity under certain circumstances for person reporting possession of or transaction
involving precursor substance. Creates crime of distribution of equipment, solvent, reagent or
)recursor substance with intent to facilitate manufacture of controlled substance. Punishes by
maximum of ten years' imprisonment, $250,000 fine, or both. Creates cdme of unlawful possession
of lithium metal or sodium metal. Punishes by maximum of one year's imprisonment, $6,250 fine, or
both. Expands cdme of theft in first degree to include theft of precursor substances. Modifies
recording requirements for transactions involving iodine in elemental form or iodine matdx.
Increases punishment for failing to comply with recording requirements to maximum of one year's
~mpdsonment, $6,250 fine, or both. Creates crime of unlawful distribution of iodine in elemental
form. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of
unlawful distribution of iodine matdx. Punishes by maximum of one year's imprisonment, $6,250
SB 0183 2 Support fine, or both. 2/17
Allows person who is victim of person cdme to have personal representative accompany person to
all phases of investigation and prosecution of crime except for grand jury proceeding and certain
SB 0198 3 Neutral child abuse assessments. 2/17
Requires court, upon request by district attorney, to enter protective order prohibiting copying or
disseminating evidence of sexually explicit nature in cases involving sexual offense or offense
SB 0199 3 Support involving visual recording of child engaged in sexual conduct. 2/17
SB 0217 3 Neutral Changes term 'deviate sexual intercourse' to 'oral or anal sexual intercourse. ' 2/11
Allows public servant or public servant's employer to seek injunction against person engaging in
certain cdminal conduct directed at public servant and related to public servant's employment.
SB 0218 2 Support Allows person subject to injunction to request hearing within 30 days after order served. 2/17
Establishes minimum amount of participation in physical education by kindergarten through grade 8
SB 0228 2 Neutral ~ublic school students. Specifies requirements for physical education instruction. 2/11
10
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Removes sunset on certain changes to laws governing civil forfeiture. Removes sunset on laws
SB 0242 3 Neutral authorizing criminal forfeiture. Declares emergency, effective on passage. 2/17
SB 0246 3 Support Requires that certain public or private officials report suspected animal abuse. 2/17
Makes pesticide use reporting system permanent. Increases registration fee for pesticides.
Requires State Department of Agriculture to expend portion of registration fees for purposes of
implementing, administering and enforcing pesticide use reporting system. Changes date for
SB 0290 3 Monitor commencing publication of annual report of pesticide use. 1/25
Allows removal of recyclable material from solid waste disposal receptacles under certain
SB 0291 3 Oppose circumstances. 1/25
SB 0295 1 Oppose Modifies distribution of fines collected in traffic offense cases. 2/11
Allows person to turn without using signal when person is turning in required direction from lane
SB 0296 3 Oppose that requires person to make turn. 2/17
Expands crime of invasion of personal privacy and redesignates it as invasion of personal pdvacy
~n second degree. Creates crime of invasion of personal privacy in first degree. Punishes by
SB 0297 1 Support maximum of five years' imprisonment, $125,000 fine, or both. 2/17
Requires that Public Utility Commission issue amended certificate of authority to cooperative
corporation or unincorporated association providing intrastate telecommunications services upon
submission of revised service area map showing additional areas to be served by corporation or
SB 0309 3 Oppose association. 1/25
Requires Director of the Department of Consumer and Business Services to adopt rules specifying
limitations on travel for workers attending required medical examinations for workers' compensation
claims and requiring distribution of educational materials about examination process to workers by
insurers and self-insured employers. Requires Board of Medical Examiners to adopt professional
and ethical standards and to establish and maintain list of physicians qualified to conduct required
medical examinations for workers' compensation claims. Requires board to adopt process for
SB 0311 2 Oppose investigation of complaints about required medical examinations. 1/25
Expands crime of unlawful distribution of ephedrine, pseudoephedrine or phenylpropanolamine by
SB 0313 2 Support requiring record of sale or transfer. Provides exception for products sold in certain form. 2/17
Prohibits carrying animal on extemal part of vehicle except under specified circumstances.
SB 0317 3 Support Punishes by maximum fine of $90. 2/17
Removes exception requiring confidentiality under certain conditions for terms of settlement or
SB 0324 2 Oppose compromise of action involving public body and terms of mediation agreement involving public body. 2/17
Establishes tax credit for employer that pays all or part of community college tuition of employee.
Limits total amount of credit. Applies to tax years beginning on or after January 1, 2007, and before
SB 0325 3 Support January 1, 2011. 2/17
Allows school district boards to prohibit persons with concealed handgun licenses from carrying
firearms on school property. Expands definition of 'public building' for purposes of laws relating to
SB 0335 3 Supp w/Am possession of firearms on public property. 2/11
II
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Directs Environmental Quality Commission to adopt regulations implementing Califomia motor
SB 0344 2 Support vehicle emission standards beginning with 2009 model year. 2/17
Directs State Board of Forestry to establish permanent conservation reserves on state forestlands.
Designates certain forestlands in Tillamook and Clatsop Counties as permanent conservation
SB 0345 3 Support reserves. 2/17
Directs local governments to allow neighborhood associations specified pedod of time to comment
on issuance or renewal of liquor license. Extends time periods for consideration of application for
SB 0357 3 Neutral license. 2/17
Establishes mandatory minimum sentences for unlawful manufacture or delivery of
SB 0375 2 Support methamphetamine and for unlawful possession of methamphetamine. 2/17
Increases penalty for unlawful possession or distribution of methamphetamine precursors.
Punishes by maximum of years' imprisonment, $__ fine, or both. Creates crime of
unlawful possession of methyl sulfonyl methane. Punishes by maximum ~ imprisonment,
$ fine, or both. Increases penalty for failure to make or retain record of sale or transfer of
SB 0376 2 Support methyl sulfonyl methane. Punishes by maximum imprisonment, $ fine, or both. 2/17
Increases penalties for possession, delivery and manufacture of methamphetamine, 3,4-
methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine and 3,4-methylenedioxy-N-
SB 0377 3 Supp w/Am ethylamphetamine. 2/17
SB 0384 2 Neutral Eliminates registration fee for hybrid vehicles. 2/11
Repeals sunset on pilot program for collection, recycling and disposal of fishing tackle. Expands
reach of program from six rivers to statewide. Directs State Department of Fish and Wildlife to
SB 0410 3 Monitor publicize program. 2/24
Eliminates school district taxes from division of tax method of funding urban renewal plans. Applies
SB 0412 1 Supp w/Am to urban renewal plans that are adopted or substantially amended on or after effective date of Act. 2/24
Directs Oregon Government Standards and Practices Commission to charge public bodies amount
based on number of public officials serving public body for purposes of funding activities of
SB 0420 2 Supp w/Am commission. Declares emergency, effective on passage. 2/24
Requires Director of Department of Consumer and Business Services to e~stablish building code
administrative regions for all areas of state. Provides for appointment of department employees for
each region to administer and enforce state building code within region. Imposes surcharge on
permit fees and hourly charges to defray costs of administering and enforcing state building code.
SB 0421 3 Oppose Declares emergency, effective on passage. 2/24
Requires percentage of estimated total cost of all urban renewal projects proposed to be
undertaken under urban renewal plan to be for affordable housing. Requires amendment to existing
plans to provide for percentage of total costs of projects to be for affordable housing. Permits
municipality to opt out of affordable housing requirements if governing body of municipality finds thai
adequate supply of affordable housing exists and will continue to exist in plan area. Permits, under
certain circumstances, urban renewal agency to construct affordable housing outside urban renewal
SB 0425 2 Neutral district. 2/17
2005 Legislative Session IGR Committee Bill Approval March 7, 2005
Clarifies exceptions to exclusive jurisdiction of Land Use Board of Appeals to review land use
SB 0431 3 Monitor decisions and limited land use decisions. 2/24
Converts Land Use Board of Appeals into Land Use Court of Appeals. Provides that Land Use
Court of Appeals be within judicial branch and consist of three judges. Declares emergency,
SB 0432 2 Oppose effective on passage. 2/24
Expands criminal homicide to include causing death of unborn child. Provides exception for lawful
abortions and acts committed by pregnant woman. Creates cdme of assault of unbom child.
SB 0440 6 Drop Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. 2/17
Requires mandatory court arbitration of actions filed in circuit court claiming damages caused by
defendant's construction, alteration or repair of residential real property. Exempts actions claiming
SB 0463 3 Oppose damages attributable to personal injury. 2/24
Requires water supplier serving more than 10,000 people to fluoridate water supply. Allows certain
water suppliers to receive state financial assistance for initial costs of fiuoddation. Appropriates
imoneys from General Fund to Department of Human Services for reimbursing water suppliers for
SB 0539 2 Oppose initial costs of fluoridation,
Directs Department of Environmental Quality to condition discharge permits to prohibit discharge of
SB 0555 I Supp w/Am toxic substances in amounts or concentrations that may be harmful to aquatic life or human health. 2/24
Requires election of members of boards of directors of certain mass transit districts situated in
SB 0558 1 Support standard metropolitan statistical areas with populations of 400,000 or fewer individuals. 2/24
Proposes amendment to Oregon Constitution to allow local taxing distdct to adopt site value
taxation system that taxes land at one rate and all other property at lesser rate. Requires site value
!taxation system to be in lieu of uniform ad valorem property taxes of district. Exempts site value tax
from constitutional limits imposed on property taxes. Refers proposed amendment to people for their
S JR 0001 2 Monitor approval or rejection at next regular general election. 2/11
Proposes amendment to Oregon Constitution to require Legislative Assembly to pass bill funding
public education system by 81st day of regular session and to prohibit compensation of legislators if
bill is not passed. Refers proposed amendment to people for their approval or rejection at next
S JR 0006 3 Monitor regular general election. 2/24