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HomeMy WebLinkAboutItem 8 - Ratif.IGR Comm.MinutesEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Action: Ratification of Intergovernmental Relations Committee Actions of February 17, February 24, and March 9, 2005 Meeting Date: April 11, 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 Council Action History 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 was one action at the February 17, 2005, meeting on which the committee was not unanimous. That action involved Senate Bill 425. There were two actions at the February 24, 2005, meeting on which the committee was not unanimous. Those actions involved Senate Bill 412, and 420. There were two actions at the March 9, 2005, meeting on which the committee was not unanimous. Those actions involved House Bill 2438 and Senate Bill 379. 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. L:\CMO\2005 Council Agendas\M050411\S0504118.doc STAFF RECOMMENDATION Actions on which the committee is not unanimous are brought before the full council for consideration. There were actions at the February 17, February 24, and March 9, 2005, meetings on which the committee was not unanimous. Staff recommends these bills be considered by the full council. S[IGGESTED MOTION Move to ratify the IGR Committee's actions as set forth in the minutes of the February 17, February 24, and March 9, 2005, meetings. ATTACHMENTS A. IGR Committee Minutes of February 17, 2005 B. IGR Committee Minutes of February 24, 2005 C. IGR Committee Minutes of March 9, 2005 D. Legislative Tracking System Print out of House Bill 2438, and Senate Bills 379, 412, 420, and 425 E. 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\M050411\S0504118.doc ATTACHMENT A MINUTES Council Committee on Intergovernmental Relations Council Chamber--City Hall February 17, 2004 9 a.m. PRESENT~ Gary Pap6, Betty Taylor, Bonny Bettman, members; Jason Heuser, Mary Walston, Lisa Klemp, Kelly Brooks, City Manager's Office; Larry Hill, Para Berrian, Sue Cutsogeorge, Chuck Solin, Mike Pungercar, Central Services Department; Ruth Oberdahl, Fire and Emergency Services Department; Richie Weinman, Steve Nystrom, Denny Braud, Planning and Development Department; Carlos Davis, Scott Duckett, Eric Jones, Public Works; Mike McGee, Library, Recreation, and Cultural Services Department; Ellwood Cushman, Lee Thoming, Eugene Police Department; 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 members for who they had questions. 2. Review Pending Legislation The committee reviewed a list of pending legislation. Priority 1 Bills Members had no comments regarding the Priority 1 bills. Priority 2 Bills Regarding House Bill (HB) 2388, which eliminated personal income taxes below certain levels, Ms. Taylor asked why staff recommended a position of Oppose, as the bill seemed just to her. Mr. Hill responded that the bill would reduce State revenues at a time when the legislature was preparing to deal with a $1 billion shortfall. The bill could also have the affect of reducing the State shared revenues. Ms. Taylor said that people who pay less in taxes need fewer services. She believed the legislation was "way overdue." Responding to a question from Ms. Bettman, Mr. Hill indicated the bill would exempt incomes under $2,000 from any State taxes, and reduces the State taxes for incomes between $2,000 and $5,000. Taxes on incomes in excess of $5,000 would be reduced because the threshold would be reduced, benefiting all taxpayers, rich and poor. Ms. Taylor moved to change the status of the bill to Support with Amendments to apply the law to those with incomes under $10,000. The motion died for lack of a second. Mr. Heuser noted no public hearing was scheduled on the bill. MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 1 Mr. Pap6 referred to Senate Bill (SB) 0044, held over from the previous session, and determined from Mr. Solin that the same fee applied to all permitted underground storage tanks, regardless of age. Mr. Solin said that the legislation extended the fee. Ms. Bettman requested additional information on SB 0218, relating to injunctive relief available for public servants. Mr. Lidz clarified that the conduct in question was illegal already. The legislation in question allowed a restraining order to be issued with a lower burden of proof, that is, a preponderance of the evidence as opposed to beyond a reasonable doubt. It was preventive in nature, so in addition to a criminal penalty for harassment, one could also receive a contempt of court citation. Mr. Pap6 determined from Mr. Lidz that the legislation applied to elected officials such as city councilors. Ms. Taylor questioned how necessary the legislation was. Mr. Lidz indicated he could not speak to that. Referring to SB 0297, relating to the invasion of personal privacy, Ms. Bettman advocated for a higher priority. Ms. Bettman, seconded by Mr. Pap6, moved to change the status of the bill to Priority 1. Mr. Cushman noted that the legislation arose out of a situation in Eugene, and applied to the installation of video equipment. Ms. Bettman determined from Mr. Cushman that the legislation would not apply to, for example, parents taking pictures of their nude infant children. Mr. Cushman emphasized that the expecta- tion of privacy was key to the bill, as well as the element of sexual arousal. The motion passed unanimously. Ms. Bettman asked about the source of funding for the grants called for in SB 0379, relating to the prosecution of crimes involving methamphetamine. Mr. Thoming was unsure, noting that the description referred to the State's General Fund. Ms. Bettman expressed concern about the use of the General Fund, and suggested the City take a position of Support with Amendments to preclude a transfer of funds from human services or education, for example, to the Department of Justice. Mr. Heuser indicated he would research whether the legislation would burden the General Fund. He noted that the bill was a high priority for the legislature and Governor Ted Kulonogski's Office. Ms. Bettman emphasized her support for the bill, but reiterated her concern about the funding. Mr. Pap6 asked staff to inquire about alternative sources of funding with the bill's sponsors. The committee agreed to hold the bill over to the following meeting. Ms. Taylor questioned the need for another law directed at methamphetamine. Mr. Thoming explained that many of the bills being introduced were intended to address specific situations or gaps in existing law. For example, in 2001 the legislature passed a law related to the sale and purchase of iodine, a key ingredient in the manufacture of methamphetamine. However, the law gave local governments the power to issue ;;cease and desist" orders to those selling quantities of iodine for illegal use, but it contained no criminal penalties. A newly proposed bill made it a misdemeanor offense for a seller to violate the provisions of the law regarding the documentation of iodine sales. Responding to a question from Ms. Bettman, Mr. Thoming explained that there were legitimate ranching and farming uses for iodine, but most ranchers and farmers buy no more than a pint at a time, in contrast to methamphetamine manufacturers. MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 2 Ms. Bettman was glad to see a focus on methamphetamine given the escalating nature of the problem. Mr. Heuser noted that the bill directed the Department of Justice to proceed as directed, subject to the availability of funds. He said that the use of the phrase %ubject to the availability of funds" was a trend the committee would see in other bills. Rather than put off a bill due to a lack of money, in this case as in many others, legislators were choosing to establish a legal framework for a grant structure for a time when money was available. Mr. Pap~ thought that was a dangerous precedent to establish. Ms. Bettman suggested that staff develop a process to monitor bills for their funding source. Mr. Heuser said he would ask the legislative coordinators to call that information out. Ms. Bettman asked why staff recommended the City oppose SB 0425, which would require a percentage of the cost of all urban renewal projects to be for affordable housing. She thought it sounded like a great idea. Mr. Weinman said the bill was an attempt by Portland low-income housing advocates to force the Portland Development Commission (PDC) to spend urban renewal dollars on housing. He did not think it made sense for other urban renewal agencies statewide, such as those located in industrial areas, and for districts with little revenue such as the City's Riverfront District. It would direct 20 percent of the revenues from the intended purposes of the district on housing. Ms. Bettman pointed out that if the City could demonstrate an adequate supply of low-income housing outside the urban renewal district, it would be exempt. Mr. Weinman said the City did not have anywhere near an adequate supply of low-income housing. The City had 20,000 households eligible for subsidized housing, and fewer than 4,000 people being served. Ms. Bettman asked how the State would determine the City had an adequate supply for the purposes of the bill. Mr. Weinman did not know. Ms. Bettman suggested that Eugene would benefit from the bill if cities such as Portland had to provide more low-income housing. If more low-income housing was spread around the state, that would relieve the burden on jurisdictions such as Eugene that had a commitment to low-income housing. Mr. Weinman said that Portland had an active low-income housing effort. For the most part, poor people were not very mobile, and people needing low-income housing in Eugene tended to be long-term Eugene residents. The same was true of Portland. The provision of more low-income housing in Portland did not solve the problem in Eugene. Ms. Bettman believed that was debatable. Ms. Bettman asked if the bill was scheduled for a hearing. Mr. Heuser did not think it had been scheduled. Mr. Weinman anticipated the bill would be unlikely to get out of committee given the opposition of PDC. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral. Responding to a question from Mr. Pap~, Mr. Weinman said he did not think the implications of the bill were widely understood. He did not think the bill served the City of Eugene well. The motion passed, 2:1; Mr. Pap~ voting no. Priority 3 Bills Responding to a question from Ms. Bettman regarding SB 2034, which proposed to authorize the deposit of public funds into financial institutions outside Oregon in certain circumstances, Ms. Cutsogeorge said the bill would ensure the City's certificates of deposit to be 100 percent secure because of FDIC insurance. She believed it would be more secure than the current situation. In addition, there was more potential for earning more interest due to reduced costs. MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 3 The committee considered another bill held over from the previous meeting, SB 2083, related to streamlining of Water Resources Department (WRD) regulations. The bill would eliminate the requirement that the seller of a property with a water right notify the WRD of the sale. The seller would have to notify the buyer of the water rights, and the water rights would accompany the transaction of the land. Mr. Duckett indicated that after analysis, staff did not think the bill would have any affect on Eugene. He said the WRD did not have the resources to track the information it already had. Responding to a follow-up question from Mr. Pap6, Mr. Duckett said the bill would have no impact on the Eugene Water & Electric Board's water rights in the McKenzie River. Ms. Bettman asked if the bill could evolve into something different. Mr. Heuser did not know. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Monitor. The motion passed, 3:0. The committee considered another bill held over from the previous meeting, HB 2155, which expanded the authority of the governor to assign fire fighting resources across jurisdictional boundaries in the case of a major conflagration. The bill expanded the type of situation where that could occur, and lowered the threshold for invoking the State Conflagration Act. Chief Obadahl said the department's position was somewhat mixed, as it saw both upsides and downsides to the bill. Generally Eugene was required to send resources rather than receive them, and while the City was reimbursed, in the meantime its resources, such as the availability of tenders, were diminished, often at the time of greatest need. She suggested that it was not in the best interest of Eugene to support the bill without amendments that allowed it to decline to send aid. Ms. Bettman, seconded by Mr. Pap6, moved to change the status of the bill to Oppose. Mr. Pap6 believed the City Council needed to focus on protecting Eugene first. Ms. Obadahl said the bill could work in Eugene's favor in the case of a south hills fire, but she pointed out that the City currently had mutual aid agreements with all other Lane County cities. Ms. Bettman pointed out the committee was only opposing the expansion of the State Conflagration Act, not the act itself, which still existed. The motion passed unanimously. The committee considered another bill held over from the previous meeting, HB 2234. Mr. Braud recommended that the committee drop the bill from further consideration. It established tax breaks for companies making certain types of telecommunications equipment already located in an enterprise zone. It was not connected to the expansion of such zones. Ms. Taylor, seconded by Ms. Bettman, moved to drop the bill from further consideration. The motion passed unanimously. Ms. Bettman referred to HB 2268, relating to eminent domain. Mr. Lidz indicated the bill addressed the process for exchanging appraisal information. It would have little impact on Eugene, but he continued to recommend that the bill be monitored given the breadth of the relating clause. MINUTES--Council Committee on Intergovernmental Relations February 11, 2005 Page 4 The committee considered another bill held over from the previous meeting, HB 2356, which modified the procedure for approval of a subdivision or partition plat. Mr. Nystrom referred the committee to a memorandum in the meeting packet entitled HB 2356; Final Plats, which was drafted in response to the committee's questions. He said the bill was developed in response to a decision by the Land Use Board of Appeals, which determined that the current Oregon Revised Statute does not provide a clear distinction between the tentative approval and final plat processes. Eugene was one of the few cities that employed a Type II process for the final plat process. He noted only the second step of the subdivision and plat processes were affected. Even if the bill passed, it did not compel local jurisdictions to make any changes to local ordinances. Ms. Bettman opposed the staff position to monitor the bill as being inconsistent with the City of Eugene's Land Use Code. The process was implemented through the code update, which included considerable public input, and the legislation would circumvent that process completely. She opposed the bill on the basis of home rule. She was not addressing the merits of the change, but thought it important to be consistent. She noted that staff indicated support for the concept of the bill in the memorandum. Ms. Bettman said that while it was true that few final plats received comment, she thought those that did receive comment were significant because they were controversial, and people had a chance to weigh in. Mr. Nystrom recalled that two or three of the 200 to 250 plats had been controversial. Most of the comments the City received expressed confusion about the notice they received because the respondents thought the decision had already been made. Mr. Nystrom said the bill would give the City an option to revisit the issue if it wished to do so. Responding to a question from Mr. Pap~, Mr. Nystrom said staff believed the bill would give the City more flexibility. Mr. Nystrom noted that the bill had the support of the American Planning Association. Ms. Bettman believed that Eugene would be under pressure to change its code to be consistent with State law if the bill passed. She also read strong support in the staff comments, and asked why staff proposed a status of Monitor. Mr. Nystrom said staff recommended the bill be monitored in case it was expanded beyond its current scope. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose. Ms. Taylor agreed there was a danger the City would be told it had to change its ordinances. Mr. Pap~ did not interpret the bill as forcing Eugene to change its rules. He expressed concern that leaving the State statutes as they were would force the City's chosen approach on other jurisdictions. Mr. Heuser suggested other Oregon jurisdictions could welcome the change. Mr. Nystrom said he was unaware of other cities opposing the bill. Mr. Pap~ asked that the bill be held over to the following meeting so that staff could discover the position the League of Oregon Cities had on the bill. Ms. Bettman and Ms. Taylor concurred. Responding to a question from Ms. Bettman regarding HB 2403, requiring the Oregon Department of Transportation (ODOT) to conduct a study on photo radar, Mr. Cushman said he would recommend the bill be dropped because it merely called for a study. Ms. Bettman supported such a study if it resulted in some objective data about the viability of photo radar as an enforcement tool. MINUTES--Council Committee on INtergovernmental Relations February 11, 2005 Page 5 Ms. Bettman, seconded by Mr. Papd, moved to change the status of the bill to Support. The motion passed unanimously. Ms. Taylor asked why staff did not recommend the City support HB 2411, directing the Oregon Department of Transportation to conduct a study on outdoor lighting alternatives. Mr. Jones said that staff had no concerns about a study, but was concerned about the potential any regulations that came out of the study could increase the City's operational costs. He added that the City was in pretty good shape when it came to controlling glare from its own fixtures. Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Support. Ms. Bettman interpreted the focus of the legislation as being on ODOT lighting. She considered the bill a first step toward addressing a greater problem. Mr. Jones quoted from the bill, which required ODOT to do a study that at a minimum reviewed lighting of highways in the State highway system, and gave considera- tion of reduction of the glare from outdoor lighting used on roadways, parking lots, and other public places. He did not interpret %utdoor lighting" as being specific to ODOT facilities. Ms. Bettman reiterated her interpretation of the bill as being focused on ODOT facilities. Mr. Pap6 did not think it sounded as though private lighting was involved. Mr. Pap6 said he would ;;go along to get along." The motion passed unanimously. Ms. Bettman asked for more information about the staff recommendation to monitor HB 5026, appropriat- ing money for the Department of Environmental Quality. Mr. Duckett said that the bill in question was an appropriations bill for the agency and he did not know enough about the past funding levels to gauge the impact. His major concern was about the impact of the bill on the funding available to the Oregon Watershed Enhancement Board (OWEB) budget and the money available for salmon recovery. Ms. Bettman asked if the OWEB funding was the City's only concern in regard to the bill. Mr. Duckett said there was a concern that the State would use lottery proceeds intended for salmon recovery to backfill what should be General Fund or fee-funded DEQ programs. Mr. Pap~ asked staff to assess the proposed budget against past budgets and check with DEQ staff on its concerns. The committee agreed to hold the bill until the next meeting. Responding to a follow-up question from Ms. Bettman, Mr. Heuser explained that the City tracked the appropriations bills of the agencies it worked with the most because reductions in those budgets could affect the service level the City received from them. Responding to a concern expressed by Ms. Bettman about the use of the phrase ;;limiting expenditures" in bills related to the OWEB budget, Mr. Heuser said the phrase was a budgetary term of art and was commonly used in legislation. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of liB 5074 and HB 5075 to Monitor. The motion passed unanimously. Mr. Heuser indicated staff would return for more direction if the bills in question began to move. MINUTES--Council Committee on INtergovernmental Relations February 11, 2005 Page 6 Ms. Taylor asked why staff supported SB 0325, which called for the establishment of a tax credit for employers that pay all or part of an employee's community college tuition. Mr. Hill responded that generally, the City would oppose bills that reduced State general revenues, but staff believed the legislation in this case would create an improved local work force. He thought it would be particularly useful in Eugene because of the presence of Lane Community College in the community, and that the benefits would ultimately outweigh the costs to the City. He said that a lack of trained work force was a continuing local issue. Mr. Heuser noted that the bill enjoyed considerable support at the legislature. Ms. Taylor moved to change the status of SB 0325 to Oppose. The motion died for lack of a second. Ms. Bettman asked the rationale for the staff recommendation to monitor SB 0344, which directs the State to adopt regulations implementing the California motor vehicle emission standards commencing with the 2009 model year. Mr. Davis said that California's standards were the highest in the country, and he estimated the City's cost of complying to be approximately $3,000 per vehicle. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0344 to Support. Ms. Bettman believed the bill, if passed, would make a difference by reducing pollution. She noted increased asthma rates among Americans and suggested the other protections the City had envisioned, such as transit and nodal development to reduce vehicle miles traveled, had been ;;gutted" and the City was making no progress toward cleaning the air. The motion passed unanimously. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0344 to Priority 2. The motion passed unanimously. Responding to a question from Ms. Bettman about SB 0440, relating to crimes involving unborn children, Mr. Cushman said the bill was the same as a bill the committee previously reviewed. He recommended the bill be dropped from further consideration. Ms. Bettman, seconded by Ms. Taylor, moved to drop SB 0344. The motion passed unanimously. Mr. Heuser and Ms. Brooks left the meeting. Ms. Bettman referred to HB 2199, and asked if the bill increased the ratio of commercial to residential uses in a vertical housing development. Mr. Weinman said the State currently provided for a tax exemption of up to 20 percent for every floor of housing, up to 80 percent. The State had never defined the ratio of commercial space to residential space. Ms. Bettman asked about the relationship of the exemption to zoning. Mr. Weinman clarified that the exemption was specific to a property and was not related to zoning. Such developments could occur in Eugene on land zoned for C-2, C-3, and Mixed Use. Ms. Bettman, seconded by Ms. Taylor, moved to accept the pending legislation as amended by the committee. The motion passed unanimously. MINUTES--Council Committee on INtergovernmental Relations February 11, 2005 Page 7 3. Bills of Community Interest Bills of community interest were summarized and included in the meeting packet for members' information. 4. Salem Report Ms. Klemp reported that a work group for the School Zone Bill was being discussed. 5. Other Legislative Concerns There were no other concerns raised by the committee or staff. The meeting adjourned at 10:39 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations February 11, 2005 Page 8 ATTACHMENT B MINUTES Council Committee on Intergovernmental Relations Council Chamber--City Hall February 24, 2004 9 a.m. PRESENT: Gary Pap6, Chair; Bonny Bettman, Betty Taylor, members; Mary Walston, Lisa Klemp, Kelly Brooks, City Manager's Office; Larry Hill, Sue Cutsogeorge, Patty Boyle, Chuck Solin, Central Services Department; Peter Ruffler, Eric Jones, Public Works Department; 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. 2. Approval of Minutes Ms. Bettman, seconded by Ms. Taylor, moved to approve the minutes of the CCIGR meeting of February 11, 2005. The motion passed unani- mously. The CCIGR scheduled its next meeting on March 9, 2005, at 1:30 p.m. 3. Grant Proposal Review Mr. Solin presented the grant proposal to the committee, explaining that the Fiscal Year 2005 Office of Domestic Preparedness Homeland Security Grant Program was accepting applications for funding but only from counties. He was working with Lane County to package a grant request for interoperable communica- tions training and some police equipment. He said he would not know until the "eleventh hour" what the grant request would ultimately look like. He assured members that he would provide the CCIGR with details when they were available, and no contracts would be entered into until that review occurred. Responding to a question from Ms. Bettman, Mr. Solin said that when the County received the money it would have to allocate it for the use granted. The County would be the sub-grantee, but the money would come directly to the City from the State Police. Ms. Bettman asked if the City focused on equipment acquisition or on enhancing programs already in place so that the grant would not trigger additional costs on the part of the City. Mr. Solin said for the most part, yes. Eugene was recently selected as a location for a regional urban search and rescue team, and that would require new equipment and training requirements. He noted that backfill positions and overtime were eligible costs under the grant, and those costs had been included in the grant as well. Mr. Pap6 confirmed with Mr. Solin that the City was negotiating its share of the grant with the County and other Lane County jurisdictions participating in the grant submittal to reach an equitable proposal. What MINUTES--Council Committee on Intergovernmental Relations February 24, 2005 Page 1 began as a $9 million wish list had been narrowed to $3.8 million, and negotiations were continuing among the different jurisdictions. Mr. Solin further confirmed, in response to a follow-up question from Mr. Pap6, that the City would know itS share of the grant dollars before the grant was submitted. Mr. Solin noted that interoperability was a priority for many Lane County cities. 4. Review Pending Legislation Priority 1 Bills Referring to Senate Bill (SB) 0412, which would eliminate the tax increment generated by school district revenues from urban renewal districts, Ms. Bettman said while she understood the staff recommendation to oppose the bill, she believed that anything that increased school funding was a good thing. She supported the bill with amendments to ensure that the money was directed toward schools. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support with Amendments. Mr. Pap6 indicated opposition to the motion. He asked Ms. Cutsogeorge to explain the statement in the agenda materials that the bill did not guarantee the schools more funding. Ms. Cutsogeorge said that currently, school taxes were included in the urban renewal division of tax calculation. The State school funding formula gives schools a certain amount per pupil no matter the source, so changing the amount of property taxes schools receive would not necessarily mean they receive more funding. That was the reason for Ms. Bettman's amendment. Ms. Bettman said the bill would increase school funding. Responding to a question from Mr. Pap6, Ms. Cutsogeorge said staff recommended opposition to the bill because it would reduce urban renewal revenues. She noted that it was a council-adopted legislative policy to oppose such bills. The motion passed, 2:1; Mr. Pap6 voting no. Ms. Taylor asked why staff did not recommend support for SB 0555, which would eliminate the mixing zone provision in National Pollutant Elimination Discharge System (NPDES) permits. Mr. Ruffler said that the question was one of whether the costs that would be incurred by the City to meet the requirements of the bill would have a commensurate benefit. He did not think so. Mr. Ruffler understood it was unlikely the bill would come out of the House of Representatives. He said that those involved in municipal wastewater treatment had discussed the possibility of providing additional information to the lawmakers about how permitting was done now to protect public safety and health and the environment, and the costs of moving to the higher level of protection called for in the bill so they could make a better-informed decision. He said that while a generalized ban on mixing zones might have some environmental benefit, it would not produce the cost-benefit return one would want to see. He believed a better approach was a site-specific approach that was based on the pollutants being discharged. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support with amendments to allow phasing of the requirements. Mr. Ruffler explained that the bill already contained a phasing element for municipal agencies. The City would go through one more permit cycle under the current program before the law would apply. He said that the Metropolitan Wastewater Management Commission's (MWMC) facilities planning effort projected MINUTES--Council Committee on INtergovernmental Relations February 24, 2005 Page 2 $144 million in capital improvements, most intended to prevent raw sewage overflows from reaching the river. The cost of complying with the bill would be $150 million to $200 million above what was already scheduled. Mr. Pap6 asked how the City's partners in the regional wastewater facility perceived the bill. Mr. Ruffler said that Springfield staff had expressed similar concerns about the cost of complying with the bill. He pointed out that there were already community concerns about the cost of addressing raw sewage overflows. He noted that the City's mixing zone extended about 200 feet into the river; if the mixing zone was eliminated, that area would be the area benefited. He said the full width was not affected as the City was not allowed to impact the full width of the river. Ms. Bettman suggested that Mr. Ruffler's statement was misleading because of the cumulative impact of all such mixing zones on the health of river. Mr. Ruffler clarified that was true of substances such as persistent biocumulative toxins. However, there was a range of organic pollutants that are biodegradable, such as ammonia, which was a concern for the City. The City can currently treat for ammonia and discharge it into the mixing zone; by the time it reaches the edge of the mixing zone it was below the water quality standard and would further degrade naturally along the length of the river. Substances such as metal are not biodegradable and can accumulate along the length of the river. Responding to a question from Mr. Pap6, Mr. Ruffler indicated that the stormwater system was not affected by the bill. Ms. Bettman said that it would take something like the bill in question to turn the health of the river around. The river would only get more polluted as Oregon grew. She wanted to see a healthy river for her grandchildren to fish and swim in. Other communities relied on the river for drinking water. She said her amendment would allow staff to request phasing that allowed it to go through two cycles of NPDES permit renewal. Responding to a question from Ms. Taylor, Mr. Ruffler said the bill included no funding to support any costs the City incurred in complying with the bill. It included an exemption provision but the City would have to pay for the resulting analysis. As written, the exemption was not very useful because the text was indeterminate and vague. He was not sure how effective it would be. The motion passed unanimously. Mr. Ruffler noted that a public hearing on the bill was scheduled for February 28. Ms. Brooks indicated she would attend the hearing and represent the City. Mr. Pap6 determined from staff that the City of Portland opposed it. Ms. Bettman asked if anyone had calculated the costs of not doing what the bill called for. Mr. Ruffler said no. Priority 2 Bills Referring to HB 2355, which would allow the defendant in a condemnation action to amend or revise an appraisal at any time before a trial as long the amendment or revision did not result in a substantial change to the claimed compensation, Ms. Taylor asked who sponsored the bill, and why. Mr. Lidz said the bill was sponsored by Representative Burley at the request of a private citizen, Edward Fitch. He did not know why the bill had been introduced, although he suspected it was to give greater flexibility to the process. He believed there were risks and benefits from the bill. He did not think it would make much of a difference, and noted his recommendation to monitor the bill. MINUTES--Council Committee on Intergovernmental Relations February 24, 2005 Page 3 Ms. Bettman believed the bill could create a legal expense for the City but she supported the staff recommendation. Mr. Papd and Ms. Taylor agreed. Ms. Bettman determined from Ms. Cutsogeorge that House Bill (HB) 2440 was intended to allow school districts to take advantage of urban renewal to underwrite the costs of school construction. Responding to a question from Mr. Pap~, Ms. Cutsogeorge said that such urban renewal districts could impact the $5 cap for schools established by Ballot Measure 5. If there was no room under the cap, such districts would affect a school's general fund budget. She said the advantage for schools was that they would not have to get voter approval to issue urban bonds. She said that it would take some time for the tool to be useful for schools because bond buyers do not buy bonds from new urban renewal districts. The committee indicated acceptance of the staff recommendation to oppose HB 2440. The CCIGR considered SB 0379, held over from the previous week, related to the prosecution of crimes involving methamphetamine. Mr. Cushman recalled the committee wanted to know the source of the funding. Ms. Brooks indicated she had no further information, and the bill had not been scheduled for a hearing. The committee held the bill over again until the next meeting. Ms. Bettman referred to SB 0420, which would assess local governments a fee based on the number of public officials to support the operations of the Oregon Government Standards and Practices Commission, and asked the basis of the staff recommendation to oppose the bill. She thought Eugene had an interest in seeing there was oversight of such officials. She suggested the City could levy the fee on the officials themselves. Ms. Walston acknowledged the amount involved was small, but indicated her recommendation was based on the fact the bill was an unfunded mandate from the State and covered virtually everyone, including City employees and volunteers. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support with amendments to limit the application of the bill to appointed and elected officials. Ms. Bettman believed that the good called for in the bill was worth supporting. Mr. Pap~ thought the issue was a State responsibility and noted his concurrence with the staff recommenda- tion. He believed there were too many such unfunded mandates. Responding to a question from Ms. Taylor, Mr. Lidz confirmed that members of the commission were appointed by the governor. Mr. Pap~ did not believe the City could charge its officials to take office. Mr. Lidz indicated the fee would have to be paid by the City. The motion passed, 2:1; Mr. Pap~ voting no. Responding to a question from Mr. Pap~ regarding SB 0432, which proposed to convert the Land Use Board of Appeals to a land use court of appeals, Mr. Lidz indicated he did not think the legislation had much of a chance. His recommendation to monitor the bill was based on the fact it was a State issue rather than a City issue. From the City's perspective, the process would be the same. The result of the bill would be to reduce the number of people who would have standing before the court as opposed to those who have standing before the current board. He noted that the bill was supported by the Oregonians in Action. He thought the current system worked well and turning the Land Use Board of Appeals referees into judges MINUTES--Council Committee on Intergovernmental Relations February 24, 2005 Page 4 would not be an improvement. The bill would essentially create a special court. Responding to a question from Mr. Pap6, Mr. Lidz said that the Land Use Board of Appeals referees do not have to be lawyers, but usually are. Ms. Bettman suggested that if the bill passed, there would be less of a possibility the appointments to the court would be political because the State would have to appoint existing judges. Mr. Lidz believed the result would be that the current board of appeals would become the court of appeals. Ms. Taylor, seconded by Mr. Pap6, moved to change the status of the bill to Oppose. The motion passed unanimously. Priority 3 Bills Ms. Taylor referred to HB 2109, related to pedestrians, and asked how it clarified existing law. Mr. Cushman said that the bill standardized the rules for all drivers and made it clear when a driver could enter a signalized intersection if the crosswalk was occupied by a pedestrian. Ms. Taylor asked why staff recommended opposition to HB 2378, relating to the working family child care credit. Mr. Hill said it would expand the current credit to allow more people to claim the credit. It could be claimed by parents, grandparents, and guardians. The bill did not specify that the individual must have custody of a child. Responding to a question from Ms. Bettman, Mr. Hill indicated the source of the revenue loss estimate was the State. Responding to a question from Mr. Pap6, Mr. Hill said the impact of the bill would depend on how many more people took advantage of the tax credit's expanded availability. Ms. Bettman suggested the CCIGR support the bill with amendments calling for documentation that the person applying for the credit is the caretaker of the child. Ms. Taylor expressed concern about the proposed amendment as she believed that some people would have a difficult time proving they had custody of a child even if they had full responsibility for the child. Mr. Pap6 agreed. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill Priority 2, Support. The motion passed unanimously. Ms. Bettman indicated her opposition to HB 2438, which modified the rule-making authority of the Land Conservation and Development Commission as she believed it would increase the exceptions to State land use rules. The current staff recommendation was to monitor the bill. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2, Oppose. Ms. Brooks reported that the bill passed the House of Representatives the previous day by a vote of 58:2. In response to a request for more information about the bill from Mr. Pap6, Ms. Klemp indicated the bill came from a committee. Mr. Lidz said there was a growing consensus in the legislature that the State's current rules were fairly rigid, and flexibility to apply them with some discretion was a good idea. Ms. Bettman disagreed that the State's land use rules were too rigid. She believed the rules were pretty MINUTES--Council Committee on Intergovernmental Relations February 24, 2005 Page 5 flexible, and to weaken them further was unacceptable to her, particularly given the passage of Ballot Measure 37. She said just because the legislature was ~vastly conservative" did not mean the City had to go along with it. Mr. Papd questioned whether the depth of the majority reflected a ~vastly conservative" legislature. Mr. Pap6 suggested a position of Priority 3, Oppose, and that staff return to the committee with more information about the bill. Ms. Bettman accepted Mr. Pap6's suggestion as a friendly amendment. The motion passed unanimously, 3:0. Ms. Bettman, seconded by Mr. Pap~, moved to change the status of liB 2507 to Support. Ms. Bettman noted that the bill merely called for the formation of a task force to study sodium azide, which was used in air bags. The motion passed unanimously. Ms. Bettman determined from Mr. Jones that staff opposed House Joint Resolution (HJR) 0004, which proposed to amend the Oregon Constitution to authorize use of highway trust fund dollars for the use of schools for the transportation of students, on the basis of adopted council policy, which was that transporta- tion operations, maintenance, and preservation should be the first priority for trust fund revenues. Ms. Bettman said that there was not much of an opportunity to increase funding for schools, and noted that the council was on record in its support of local school funding measures. Ms. Bettman moved to change the status of the bill to Support. The motion died for lack of a second. Mr. Pap~ had questions about SB 0406, related to changes in property values resulting from land use requirements. Ms. Brooks indicated she did not think the bill had much chance of passage. The bill essentially repealed Ballot Measure 37, passed in November 2004. The bill was sponsored by Senator Schrader. Ms. Bettman asked that the bill be held over until the next meeting when more information was available. Other members agreed. Responding to a question from Ms. Bettman about SB 0431, related to the jurisdiction of the Land Use Board of Appeals, Mr. Lidz said the legislation clarified which cases go to the Court of Appeals. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0431 to Monitor. The motion passed unanimously. Responding to a question from Ms. Bettman about the mandatory nature of SB 0463, relating to court arbitration, Mr. Lidz said he interpreted the bill as addressing private disputes. He said the bill was slightly tilted on behalf of the building industry by making it harder to get into Circuit Court. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose. The motion passed unanimously. Referring to Senate Joint Resolution (S JR) 0006, which proposed an amendment to the Oregon Constitution that required the State legislature to pass a public education funding bill by the 81st day of the legislature, Ms. Bettman said it was a drastic approach to a high-profile issue no one seemed to be able to address. The MINUTES--Council Committee on INtergovernmental Relations February 24, 2005 Page 6 only negative impact she could perceive from the bill would be that the legislators would not get paid if they did not pass a bill funding public education. Ms. Boyle said her concern was that passing a bill by a certain date did not necessarily mean that budget would be adequate. Ms. Bettman suggested that the bill's status be changed to Support with amendments so the bill would result in an increase in funding. Ms. Brooks did not think the sponsor's intent was to increase school funding. Mr. Pap6 questioned whether the bill affected the City. He asked about the positions of the school districts. Ms. Boyle indicated she could check with the school districts on their position on the bill. She confirmed that the bill had no impact on the City's finances. Ms. Bettman said that she heard from parents, teachers, and school officials that they need more predictabil- ity about their budgets. The beauty of the resolution was that the amendment would go to the voters for approval. Ms. Bettman moved to change the status of the bill to Priority 3, Support. The motion died for lack of a second. Mr. Pap6 asked staff to prepare a summary of Ballot Measure 37-related legislation. Ms. Taylor indicated it would also be useful to know who supported Ballot Measure 37-related bills. Ms. Bettman asked if Senator Bill Morrisette had introduced legislation to change the make up the Lane Transit District Board from an appointed to an elected seven-member board. Ms. Walston distributed and briefly reviewed copies of the proposed bill and recommended the City take a neutral position as it was not a City of Eugene governance issue. Ms. Bettman, seconded by Ms. Taylor, moved to assign the bill a status of Priority 1, Sup- port. The motion passed unanimously, 3:0. Ms. Bettman, seconded by Ms. Taylor, moved to forward the committee's recommendations to the City Council. The motion passed unanimously. 5. Bills of Community Interest Responding to a question from Ms. Bettman, Ms. Brooks said that that legislation mandating the use of fluoride in municipal water systems had passed out of committee. Other legislation had been introduced to prohibit the application of fluoride to municipal water systems. Ms. Bettman, seconded by Ms. Taylor, moved to assign a position of Priority 2 Oppose to SB 0539 and SB 2025. The motion passed unanimously. 6. Salem Report Ms. Brooks reported that a hearing had been held on HB 2445, the telecommunications bill, but it looked like the bill would remain in committee. Ms. Bettman asked that staff attempt to schedule one long committee meeting to avoid the need to hold MINUTES--Council Committee on INtergovernmental Relations February 24, 2005 Page 7 several meetings over spring break. The meeting adjourned at 10:35 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on Imergovernmemal Relations February 24, 2005 Page 8 ATTACHMENT C MINUTES Council Committee on Intergovernmental Relations Garden Room--Public Works Engineering March 9, 2004 1:30 p.m. PRESENT: Gary Papd, Chair; Bonny Bettman, Betty Taylor, members; Mary Walston, Lisa Klemp, Mary Feldman, Greg Rikhoff, City Manager's Office; Larry Hill, Patty Boyle, Helen Towle, Central Services Department; Fred McVey, Tom Larson, Chris Henry, Scott Duckett, Public Works Department; Kelly Osborn, Susan Muir, Planning and Development Department; Jerome Lidz, City Attorney's Office. 1. Call to Order and Review Agenda Mr. Papd called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. 2. Approval of Minutes Ms. Bettman, seconded by Ms. Taylor, moved to approve the minutes of the CCIGR meet- ing of February 17, 2005. The motion passed unanimously. 3. Review Pending Legislation Priority 1 Bills Mr. Papd referred to House Bill (HB) 2520, which would repeal the existing State ban on real estate transfer taxes, and determined from Mr. Hill that the bill repealed an existing law, and that the staff recommendation was based on the council's legislative policies. Mr. Papd suggested that the City attempt to tie the legislation to other legislation related to lowering the capital gains tax. He preferred to take a neutral position on the bill. Ms. Taylor indicated support for the bill. Mr. Heuser believed that Portland supported the bill. He believed it would have a better chance in the Senate than in the House. Mr. Papd moved to take a position of Neutral on the bill. The motion died for lack of a second. Ms. Bettman noted her support for all the Priority 1 recommendations prepared by staff. Mr. Papd requested an update on Senate Bill (SB) 0496, which would allow Eugene to take advantage of federal money for land acquisition through the Forest Legacy Program. Mr. Heuser said that the City was in good shape in terms of support for the bill. He confirmed there was also a corresponding house bill but it had not been referred, and it was likely the sponsors would sign on to SB 0496. The chair of the subcom- MINUTES--Council Committee on Intergovernmental Relations March 9, 2005 Page 1 mittee, however, may try to bottle the bill up. He intended to work with her to attempt to clear the bill. He believed the bill had genuine bipartisan support. Priority 2 Bills Mr. Pap6 referred to HB 2014, which would create a crime of unlawful direction of a laser pointer, and expressed concern about the size of the fine contemplated. He asked if the crime would be a first degree felony. Mr. Cushman said the penalties were being ramped up because of the hazard to air travel. He said that one must point a laser directly in the cockpit of an aircraft to trigger the arrest, and such an action was extremely hazardous. Ms. Taylor asked how HB 2481, related to speeds in school zones, related to City legislative policy. Mr. Cushman said the bill was a traffic safety bill intended to clean up the problems that existed with the current speed zone law. He said if the bill were to pass, it would improve the current situation. Mr. Larson agreed that the bill was an improvement on current law. The committee briefly discussed HB 2485, relating to controlled substances. Mr. Heuser anticipated a comprehensive approach to methamphetamine on the part of the legislature. Mr. Pap6 wanted to support a more comprehensive package of bills related to the topic to ensure no gaps were missed. Ms. Bettman suggested that it was not the committee's job to consolidate the bills. Mr. Heuser noted a hearing was being held the next day in Cottage Grove on the bill, which staff would attend. He said that the grocer's association expressed some discomfort with the bill and staff wanted to assure that the interests of commerce did not overwhelm the interests of public safety. Ms. Bettman wanted to change the status of liB 2523, relating to systems development charges (SDCs), from a Priority 2 to a Priority 1. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of liB 2523 to Priority 1 Support, with amendments to narrow the expansion of the SDC to schools and public safety. Mr. McVey indicated staff assigned the bill a Priority 2 because it was so broad and was unlikely to pass. The motion passed unanimously, 3:0. Mr. Pap~ referred to SB 2574, relating to decreases in capital gains tax rates, and determined from Mr. Hill that the bill would reduce taxation on capital gains. Mr. Pap~ asked why the City opposed the bill. Mr. Hill said the City had a legislative policy in support of adequate State revenues. There were many bills proposing to reduce the government revenues without replacement revenues, which was the reason for his recommended opposition. Mr. Heuser indicated that the bill and similar bills were unlikely to pass. Mr. Pap~ said he would have preferred a position of Priority 2, Support due to his concern about the fact Oregon's income tax was one of the highest in the nation. Responding to a question from Ms. Bettman about HB 2575, relating to applications to the Oregon Department of Transportation, Mr. Heuser indicated the bill was unlikely to make progress and if it did, he would bring it back to the committee. MINUTES--Council Committee on INtergovernmental Relations March 9, 2005 Page 2 Mr. Papd referred to HJM 0001, which urged Congress to extend the Secure Rural Schools and Community Self-Determination Act of 2000, and asked if the bill addressed the distribution of County road funds. Mr. Heuser said the bill did not get into that level of local detail. Ms. Bettman referred to HJR 0005, which would allow State gas revenues to be used to support the State police, and suggested that the committee take a position of Support with amendments on the bill to ensure there was no net reduction in the State Highway Trust Fund revenues that go to municipalities. Ms. Bettman, seconded by Mr. Papd, moved to change the status of HJR 0001 to Support with amendments to ensure there was no net reduction in the State Highway Trust Fund revenues that go to municipalities. Ms. Taylor pointed out the money for municipalities had to come from someplace. Ms. Boyle said the staff recommendation was based on adopted council legislative policies. The bill could have a significant impact on the City's ability to fund maintenance and preservation. Mr. Heuser said if the bill started to move he would recommend lobbying for such an amendment. There was a chance the amendment would not pass, however. He recalled that the voters had twice voted down measures making the same proposal when they were referred. Mr. Heuser suggested the committee instead take a Neutral position on the bill, and said staff would monitor the bill's progress. Ms. Bettman amended her motion to reflect the suggestion. Mr. Pap~ accepted the revision. The motion passed unanimously. Mr. Pap~ referred to SB 0299, related to discrimination in housing, and asked if the bill would increase the cost of low-income housing. Mr. Rikhoff did not think so, terming the bill a ~kitchen sink" approach. He added he did not believe that the bill was going anywhere. Ms. Bettman suggested the bill could provide the City with a tool to beef up homeownership in the West University Neighborhood and other areas of Eugene and was worth supporting. The committee briefly discussed SB 0379, which would direct funds from the State General Fund to make grants to counties for the prosecution of crimes involving methamphetamine, which was held over from a previous meeting. Mr. Cushman recalled the funding source for the bill was an issue. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose. Responding to a question from Mr. Pap~, Mr. Cushman said the money would be directed mainly to counties. After discussion, Ms. Bettman agreed to revise her motion to change the bill's status to Neutral. She had a deep concern about the source of funding as she feared it could be taken from funds otherwise available to schools and other important services. She said it was irresponsible not to say how the legislation would be paid for. Ms. Taylor agreed to the revision. The motion passed, 2:1; Mr. Pap~ voting no. Ms. Bettman referred to SB 0547, relating to criminal impersonation, and asked if staff was recommending the City support the bill if amended. Mr. Cushman said staff could accept the bill if passed without MINUTES--Council Committee on INtergovernmental Relations March 9, 2005 Page 3 amendments, but believed the bill would be improved with amendments. The chair of the Police Commis- sion had sent a letter suggesting the amendments to the bill's sponsor, who appeared amenable to the changes. Mr. Cushman reviewed the desired amendments. Ms. Bettman noted an obstacle to successful police recruitment was the State prohibition on the administra- tion of polygraph tests. She suggested the City might want to develop a strategy to address that. Ms. Towle said she raised the issue with the League of Oregon Cities (LOC) but had received no support. She noted that a psychologist indicated that only a polygraph would have stopped the hiring of former officer Magana. She thought it was a critical issue and could not understand the prohibition on administering such tests to potential public safety candidates. Ms. Bettman regretted it was too late to introduce anything in this session. Mr. Cushman referred to SB 0630, related to the protection of identifying information, and said staff was proposing to change the status of the bill from Support to Support with amendments to address an issue raised by Ms. Towle. Listing a name would trigger the need to shred or eradicate data. Staff did not think a name alone or an address without a name was a concern, but when the data elements were combined that provided the information people could use to steal identification. He suggested that the bill be amended to indicate '~name if associated with another piece of information." Mr. Cushman also recommended that the bill be amended to require an entity that became aware the information they held was stolen or lost make a reasonable effort to notify the person whose information was stolen. Ms. Towle said if the bill was left as was, it would mean that Eugene would be unable to recycle as much because it was more difficult to know if the shredded material could be recycled. She supported the need for secure information, but if overly broad, it would seriously affect the City. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0630 to Support with amendments. The motion passed unanimously. Ms. Bettman referred to SB 0657, which required a city or county to take final action on a land use application within 90 days after the application was deemed complete, Mr. Heuser recalled that similar legislation had been introduced in the last legislative session and had been halted in committee. Referring to SB 0660, relating to requirements for special districts, Ms. Bettman noted the council's stated opposition to such districts in metropolitan areas. Ms. Bettman, seconded by Ms. Taylor, moved to assign SB 0660 a status of Priority 1 Op- pose. The motion passed unanimously. The committee agreed to hold SB 0663 to a future meeting for further discussion of the bill's priority status. Priority 3 Bills Ms. Bettman, seconded by Ms. Taylor, moved to change the status of HB 2015 to Priority 2. The motion passed unanimously. The committee discussed HB 2123, which was held over from the previous meeting. Mr. Duckett noted that the bill seemed fairly benign. It had been sponsored by the Water Resources Division and two water watchdog groups in Salem were taking a neutral position on the bill. He acknowledged the concerns expressed by the committee that the bill would facilitate the siting of an energy facility. MINUTES--Council Committee on Intergovernmental Relations March 9, 2005 Page 4 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Oppose. Mr. Pap~ determined from Ms. Bettman that the source of her concern was the potential such a bill could facilitate the construction of a power plant in Coburg and that it could make it easier to transfer water rights from farmers to industry. Mr. Heuser suggested the committee seek more information about the ramifica- tions of the bill and retain the neutral status assigned the bill pending more information. Ms. Taylor withdrew her motion. Ms. Bettman withdrew her second. Mr. Pap~ referred to HB 2298, related to stalking, and requested more information. Mr. Cushman said the bill gave the courts more discretion and separated criminal and civil issues related to stalking. It allowed documents to be served through the mail. He interpreted the bill as a housekeeping measure. The committee considered HB 2438, relating to exceptions to land use goals, held over from the previous meeting. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2, Oppose. Mr. Heuser reported that the bill passed in the House of Representatives by a unanimous margin in a very short time. Ms. Bettman interpreted the bill as an erosion of State land use laws. Ms. Taylor agreed. Mr. Pap~ asked if the bill would be applicable inside the city. Ms. Muir said it could, but was more likely to be used in the county. Mr. Heuser again noted the wide margin of support the bill enjoyed. He did not know how the City would be able to make an impact in this case. Mr. Pap~ feared wasting Eugene's political capital on a measure enjoying such popular support. Ms. Bettman wanted the Lane County delegation to be aware of the City's position on the bill. The motion passed, 2:1; Mr. Pap~ voting no. Referring to HB 2496, prohibiting smoking in places of employment, Ms. Bettman asked why staff had not assigned the bill a higher priority Ms. Osborn attributed it to the fact the bill would not affect Eugene. Ms. Bettman believed it affected Eugene because of its anti-smoking ordinance. She believed the bill would level the playing field between Eugene and other communities. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2. The motion passed unanimously. Responding to a question from Ms. Bettman regarding SB 0473, relating to wild fish management policy, Mr. Duckett explained that the bill was intended to increase the diversity of hatchery stock by making wild fish the source of all hatchery stock. Mr. Heuser noted that the bill had been referred to a senate committee and no further action occurred. Ms. Bettman suggested the committee change the status to monitor and that staff return with more specifics about what was proposed. The committee concurred. MINUTES--Council Committee on Intergovernmental Relations March 9, 2005 Page 5 Speaking to SB 0491, relating to annexation, Ms. Bettman asked the basis of the staff recommendation to oppose the bill. Mr. Lidz said staff did not see any reasons to make it more difficult to annex property to cities. Ms. Bettman believed the bill would place the onus on a jurisdiction to prove annexation was a good idea so that people will vote for it. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2, Support. Mr. Heuser pointed out that the motion was in direct contradiction to the City's legislative policies document. Ms. Bettman acknowledged that the issue required a policy discussion but she thought things had changed because of the Santa Clara land swap. Ms. Muir pointed out that the situation in Santa Clara was not addressed by the bill. Ms. Bettman withdrew her motion. Ms. Taylor reluctantly withdrew her second. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of SB 0527 to Priority 1, Support. Ms. Bettman thought that the bill, which related to energy facility siting, was preferable to current law, which essentially allowed such facilities to be located in a community without local control. Ms. Muir said her recommendation was based on a lack of council policy. Ms. Bettman perceived the current situation as a pre-emption. Mr. Pap6 asked if the bill hurt the Eugene Water & Electric Board in any way. Mr. Heuser said he would follow up on the question. The motion passed unanimously. Responding to a question from Ms. Bettman regarding the progress of SB 0650, which modified the standards for amending urban growth boundaries, Mr. Heuser said the bill had been referred to a committee. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose. Mr. Pap~ asked what the bill actually did. Ms. Muir said a local government must currently make findings related to changes in an urban growth boundary; the bill would expand the categories of findings. Ms. Bettman asked that the bill be held over for additional information. She left the meeting. Ms. Muir called the committee's attention to the staff memorandum regarding SB 82 and noted some amendments to the bill prepared by the Oregon Planning Association to make the membership of the commission being called for more balanced. She recommended Priority 3 Support for the bill, with the amendments proposed. Mr. Pap~ requested more information about whether the bill memorialized the governor's plan to review the State's land use planning system. Ms. Taylor, seconded by Mr. Pap~, moved to forward the committee's recommendations regarding pending legislation to the City Council. The motion passed unanimously. MINUTES--Council Committee on INtergovernmental Relations March 9, 2005 Page 6 4. Salem Report This item was not addressed. 5. Other Legislative Concerns This item was not addressed. The meeting adjourned at 3:28 p.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations March 9, 2005 Page 7 ATTACHMENT D REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 1 BILLS AND RESPONSE DETAIL RU DATRU~ TIME: 3:, PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION LAND CONSV & DEV HB 2438 2/2/2005 2/15/2005 PRI 3 OPPOSE DEPT RELATING RELATING TO EXCEPTION TO LAND USE PLANNING GOALS; CREATING NEW CLAUSE PROVISIONS; AND AMENDING ORS 197.732. TITLE MODIFIES RULEMAKING AUTHORITY OF LAND CONSERVATION AND DEVELOPMENT COMMISSION RELATED TO EXCEPTIONS TO STATEWIDE LAND USE PLANNING GOALS. POL ~qN~_A~RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY Ni3MRECOMMENDATION SUSAN PDD- 2/3/2005 PRI 3 YES V.C.5 MONITOR MUIR PLAN COMMENTS: THIS APPEARS TO LOOSEN THE REASONS FOR AN EXCEPTION TO STATEWIDE PLANNING GOALS AND COULD MAKE IT EASIER TO GET AROUND THEM, WHICH MAY WEAKEN OUR PLANNING SYSTEM (MOST APPLICABLY WOULD MAKE USES ON FARM AND FOREST USES EASIER TO JUSTIFY). NO FINANCIAL IMPACT. SB 0379 1/27/2005 2/9/2005 LAW ENFORCEMENT PRI 2 NEUTRAL RELATING RELATING TO THE PROSECUTION OF CRIMES INVOLVING METHAMPHETAMINE; AND CLAUSE APPROPRIATING MONEY. TITLE DIRECTS DEPARTMENT OF JUSTICE TO MAKE GRANTS TO COUNTIES FOR PURPOSE OF PROSECUTING CRIMES INVOLVING POSSESSION, MANUFACTURE AND DISTRIBUTION OF METHAMPHETAMINE. APPROPRIATES MONEYS FROM GENERAL FUND TO DEPARTMENT OF JUSTICE. POL CONTACT RESPONDENT DEPA/~TMENT UPDATED PRIORITY POLICY RECOMMENDATION ELLWOOD L. EPD-ADM 2/14/2005 PRI 2 NO SUPPORT CUSHMAN THOMING COMMENTS: THIS BILL DIRECTS THE STATE DOJ, SUBJECT TO THE AVAILABILITY OF FUNDS APPROPRIATED FOR THIS PURPOSE FROM THE GENERAL FUND, TO MAKE GRANTS TO COUNTIES TO FUND THE PROSECUTION OF THE CRIMES INVOLVING THE POSSESSION, DELIVERY AND MANUFACTURE OF METH. THIS COULD BE VERY HELPFUL. DUE TO LACK OF ADEQUATE FUNDING, THE LANE COUNTY DA HAS PLACED THE CRIMES OF POSSESSION OF CHEMICALS USED TO MAKE METH ON THEIR LIST OF MISDEMEANORS THEY WON'T PROSECUTE. THEY HAVE ALSO BEEN CHARGING SOME FELONY METH POSSESSION CRIMES AS VIOLATIONS. ADDITIONAL FUNDS SHOULD HELP TO MORE EFFECTIVELY DEAL WITH OFFENDERS WHO ARE CONTRIBUTING TO THE METHAMPHETAMINE PROBLEM. SB 0412 1/31/2005 2/14/2005 URBAN RENEWAL PRI 1 SUPPORT/AM http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 Page 2 of 7 RELATING RELATING TO URBAN RENEWAL; CREATING NEW PROVISIONS; AND AMENDING ORS CLAUSE 457.010, 457.420, 457.430 AND 457.440. TITLE ELIMINATES SCHOOL DISTRICT TAXES FROM DIVISION OF TAX METHOD OF FUNDING URBAN RENEWAL PLANS. APPLIES TO URBAN RENEWAL PLANS THAT ARE ADOPTED OR SUBSTANTIALLY AMENDED ON OR AFTER EFFECTIVE DATE OF ACT. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION DENNY PDD-DEV 2/2/2005 BRAUD COMMENTS: SUE CUTSOGEORGE WILL BE RESPONDING TO THIS BILL. SUE SUE CS- 2/2/2005 PRI 1 YES III.B.2 OPPOSE CUTSOGEORGE CUTSOGEORGE FMS http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 Page 3 of 7 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 2 BILLS AND RESPONSE DETAIL RU DATR'L~ TIME: 3:, PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION COMMENTS: THIS BILL WOULD REDUCE THE AMOUNT OF REVENUES THAT WOULD BE RAISED BY ANY FUTURE NEW URBAN RENEWAL DISTRICTS. IN ADDITION, IF A CURRENT DISTRICT IS AMENDED IN THE FUTURE, AS THE CITY PLANS TO DO WITH THE DOWNTOWN DISTRICT IN 2009, THIS BILL WOULD REDUCE THE AMOUNT OF REVENUES TO BE RECEIVED BY THAT AMENDED DISTRICT. IN FY05, THE DOWNTOWN DISTRICT RECEIVES ABOUT $635,000 AND RIVERFRONT ABOUT $140,000 FROM THE 4J PERMANENT TAX RATE. UNDER CURRENT LAW, CERTAIN URBAN RENEWAL DISTRICTS (SUCH AS OUR DOWNTOWN DISTRICT) CANNOT GENERATE TAX INCREMENT REVENUE FROM ANY NEW LOCAL OPTION LEVIES {SCHOOL DISTRICT OR OTHERWISE) THAT WERE APPROVED BY VOTERS AFTER 10/01, SO THIS PROPOSED LEGISLATION DUPLICATES ALREADY EXISTING LAW IN THAT REGARD. THIS BILL DOES NOT GUARANTEE THAT SCHOOL DISTRICTS WILL RECEIVE MORE FUNDING. THE FINANCIAL IMPACT TO SCHOOL DISTRICTS IS COMPLICATED BY THE STATE-WIDE SCHOOL FUNDING FORMULA. IF URBAN RENEWAL DISTRICTS DO NOT GENERATE TAX INCREMENT FROM LOCAL SCHOOL DISTRICT REVENUES (EXCLUDING LOCAL OPTION LEVIES), THEN THE SCHOOLS WILL HAVE MORE FUNDING FROM LOCAL PROPERTY TAXES. THIS MEANS THAT THE STATE CAN SPEND MORE OF ITS OWN FUNDS EITHER ON SCHOOLS, OR THEY COULD DECIDE TO SPEND THE ADDITIONAL FUNDS ON ANY OTHER PRIORITY THE STATE MIGHT DECIDE IS MORE IMPORTANT. SB 0420 1/31/2005 2/14/2005 PUBLIC BODIES PRI 2 SUPPORT/AM RELATING RELATING TO THE OREGON GOVERNMENT STANDARDS AND PRACTICES COMMISSION; CLAUSE AND DECLARING AN EMERGENCY. TITLE 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 COMMISSION. DECLARES EMERGENCY, EFFECTIVE ON PASSAGE. / POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY NuMRECOP~4ENDATION JEROME JERRY ATTORNEY 2/6/2005 PRI 2 YES III.A.2 OPPOSE LIDZ LIDZ COMMENTS: I AGREE WITH ALL OF MARY WALSTON'S COMMENTS. I RATE IT A PRIORITY 2 ONLY BECAUSE OF THE IMPORTANCE OF THE PRINCIPLE THAT THE STATE NOT BALANCE ITS BUDGET ON THE BACKS OF LOCAL GOVERNMENTS. LARRY LARRY CS-FMS 2/8/2005 PRI 3 YES III.A.2 OPPOSE HILL HILL COMMENTS: I CONCUR WITH MARY WALSTON. http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 Page 4 of 7 MARY MARY CS-CMO 2/4/2005 PRI 3 YES III.A.2 OPPOSE WALSTON WALSTON http://ceonline/celeg/reports/BillsDetaihasp 4/1/2005 Page 5 of. REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 3 RU BILLS AND RESPONSE DETAIL DATRU~ TIME: 3:, PM BILLS SENT DUE DATE SUBJECT PRIORITY P~ECOMMENDATION COMMENTS: THIS BILL WOULD ESTABLISH A FEE ON A PER PUBLIC OFFICAL SERVING THE ?UBLIC BODY BASIS THAT IS NOT LESS THAN $3 AND NOT MORE THAN $5 PER OFFICAL BASIS TO FUND THE OREGON GOVERNMENT STANDARDS AND PRACTICES COMMISSION. WHILE THIS AMOUNT IS NOT SIGNIFICANT IN THE OVERALL PICTURE OF THE CITY'S BUDGET, IT PRESENTS A POTENTIAL SLIPPERY SLOPE AND INCREASES COSTS TO CITIES - WHICH IS ONE A THE GENERAL PRECEPTS IN THE "FINANCING STATE AND LOCAL GOVERNNMENT" SECTION OF THE 2005 LEGISLATIVE POLICIES DOCUMENT. THE WORK OF THE COMMISSION IS VITAL, BUT THE STATE SHOULD BEAR THIS COST, BECAUSE IT IS A CRITICAL SERVICE; THE STATE SHOULD NOT PASS THE COST OFF TO LOCAL GOVERNMENTS. THERE WOULD A FINANCIAL IMPACT, NOT SIGNIFICANT IN THE LARGER PICTURE OF THE BUDGET. ORS 244.020 DEFINES "PUBLIC OFFICAL" AS "MEANS ANY PERSON WHO, WHEN AN ALLEGED VIOLATION OF THIS CHAPTER OCCURS, IS SERVING THE STATE OF OREGON OR ANY OF ITS POLITICAL SUBDIVISIONS OR ANY OTHER PUBLIC BODY OF THE STATE AS AN OFFICER, EMPLOYEE, AGENT OR OTHERWISE, AND IRRESPECTIVE OF WHETHER THE PERSON IS COMPENSATED FOR SUCH SERVICES". BROADLY INTERPRETERED THIS MEANS ELECTED OFFICIALS, APPOINTED OFFICIALS, EMPLOYEES AND VOLUNTEERS. FOR THE CITY OF EUGENE, IT IS ESTIMATED THAT THE NUMBER OF "PUBLIC OFFICIALS" BROADLY INTERPRETING THE ABOVE DESCRIPTION IS ABOUT 2500 PERSONS. THE IMMEDIATE COST COULD BE BETWEEN $7,500 AND $10,000. FURTHER THERE IS A PROVISION TO ADJUST THE AMOUNT CHARGE BASED UPON CHANGES IN THE PORTLAND-SALEM CIP, STARTING IN 2009. AGAIN, IN THE OVER SCHEME OF THE CITY'S OPERATIONS, THIS IS NOT A LARGE SUM, BUT STATE SHOULD NOT PUSH ITS COSTS OFF TO LOCAL GOVERNMENTS. MARY WALSTON, FEBRUARY 4, 2005 SB 0425 2/2/2005 2/15/2005 URBAN RENEWAL PRI 2 NEUTRAL RELATING RELATING TO URBAN RENEWAL; CREATING NEW PROVISIONS; AND AMENDING ORS CLAUSE 457.010, 457.085 AND 457.095. TITLE 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 THAT 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 DISTRICT. POL CONTACT P. ESPONDENT DEPARTMENT UPDATED PRIORITY POLICY N_oMPdgCOMMENDATION RICHIE RICHIE PDD- http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 Page 6 of WEINMAN WEINMAN DEV 2/3/2005 PRI 2 YES III.A OPPOSE COMMENTS: SUPPORTERS OF THIS BILL WANT TO SEE PORTLAND'S URBAN RENEWAL FUNDS ALLOCATED TO SUPPORT LOW-INCOME HOUSING. THEY DON'T UNDERSTAND THAT THIS BILL HAS STATEWIDE IMPLICATIONS AND IS IMPRACTICAL OR MAKES LITTLE SENSE FOR THE MANY SMALLER DISTRICTS THROUGHOUT THE STATE. EUGENE'S RIVERFRONT DISTRICT, FOR EXAMPLE, WOULD HAVE A VERY DIFFICULT TIME COMPLYING. SUE SUE CS-FMS 2/3/2005 PRI 2 NO OPPOSE CUTSOGEORGE CUTSOGEORGE http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 Page 7 of 7 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 4 BILLS AND RESPONSE DETAIL RU DATEU~ TIME: 3:, PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION COMMENTS: THIS BILL WOULD REQUIRE 20% OF THE ESTIMATED COSTS OF ALL URBAN RENEWAL PROJECTS TO BE USED FOR PROJECTS TO BUILD, REHABILITATE, ACQUIRE OR OTHERWISE PROVIDE AFFORDABLE HOUSING. THE REQUIREMENT IN THIS PROPOSED LEGISLATION WOULD APPLY TO ALL EXISTING AND NEW DISTRICTS. THIS REQUIREMENT REDUCES LOCAL FLEXIBILITY TO BUILD THE TYPES OF PROJECTS THAT ARE DETERMINED BY LOCAL POLICY MAKERS TO BE APPROPRIATE UNDER LOCAL CONDITIONS. http://ceonline/celeg/reports/BillsDetail.asp 4/1/2005 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Bill# Pri# Recommendation Title Committee Creates crime of unlawful directing of light from laser pointer in first degree. Punishes by HB 2014 2 Support maximum of 18 months' imprisonment, $100,000 fine, or both. 3/09 HB 2015 2 Support Extends statute of limitations for certain felonies. 3/09 Creates crime of hindering assistance animal in second degree. Punishes by maximum of one tear'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 public nuisance. Changes description of premises for purposes of statutes describing HB 2022 3 Support/Am dog as public 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 HB 2025 2 Oppose suppliers for initial costs of fluoridation. 0/00 Clarifies provisions regarding public funds, pool managers, depository banks and custodian HB 2033 3 Support 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, HB 2035 3 Support public park. Punishes violation by maximum fine of $720. 2/11 HB 2041 3 Neutral Modifies definition of 'issuers' authorized to issue private activity bonds. 2/11 Exempts from property taxation contractual rights and other intangible property derived 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 HB 2047 2 Oppose qualified 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 imposed. Applies to cigarettes distributed in calendar quarters beginning on or after effective HB 2048 1 Support date of 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 H B 2056 3 Oppose authority for period not to exceed 180 days to any license applicant. 1/25 Provides staggered terms for members of State Aviation Board. Declares emergency, effective on HB 2067 3 Support passage. 2/17 Changes requirements for registration of civil aircraft. Changes time limits for imposition of penalties 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 drilled record information on well in deed records. Repeals provisions relating to water use registration when use HB 2083 3 Monitor is for wetland, stream or riparian restoration or storm water management. 2/17 HB 2109 3 Support Revises.laws regarding driver 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 Directs Water Resources Commission to adopt rules for modifying certificates of registration of rights to appropriate ground water. Directs commission to adopt fees. Repeals sunset of consent to injury provisions relating to water uses subject to transfer. Declares emergency, effective on HB 2123 3 Neutral passage. 3/09 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. 2/11 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 audits be provided to Secretary of State. Modifies language to conform with current HB 2166 3 Support usage. 2/11 HB 2173 3 Support Repeals Digital Signature Act. Repeals registry of international trade consultants. 3/09 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 HB 2183 3 Support program or have been convicted of driving while under influence of intoxicants. 2/11 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 period 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 Support/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 periods beginning on or after January 1,2006. Takes effect on 91 st day following adjournment HB 2197 2 Support sine die. 2/11 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 persons or families with limited income. Takes effect on 91st day following HB 2199 3 Support adjournment sine die. 2/11 Directs State Commission on Children and Families to work with certain state agencies and advisory committees to develop state policy regarding runaway and homeless youth and their families. Requires that policy be developed by January 1, 2007, and that report to legislature on ~mplementation of policy be made prior to February 1, 2009. Declares emergency, effective on HB 2202 2 Support passage. 3/24 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 ~n circuit court challenging order other than contested case issued by state agency. Allows person who is 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 Makes technical corrections to Public' Contracting Code. Exempts certain energy savings performance contracts from only competitive bidding requirements. Corrects references to economically distressed areas. Clarifies when cooperative procurement contracts may be used. Specifies that state contracting agencies may designate certain contracts as personal services contracts. Requires contracting agencies to identify characteristics of class of contracts in making findings necessary for exemption from competitive bidding requirements for class of public improvement contracts. Permits submission of bids and proposals electronically. Requires contracting agencies to issue notice of intent to award public improvement contracts. Exempts small public improvement contracts from bond requirements. Requires successful bidder on public improvement contract to deliver proof of insurance to contracting agency. Permits adjustment in HB 2214 3 Support required bond amount. Declares emergency, effective March 1, 2005. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Requires that telecommunications service provider provide written contract to customer after ~roviding 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 H B 2218 2 Support requirements is unlawful trade practice. 1/25 Prohibits collusion in competitive bidding on public contracts. Requires bidder for public contracts to submit noncollusion certificate with bid or sign noncollusion certificate as part of public contract. Defines noncollusion certificate. Imposes penalties for violation. Punishes by maximum six HB 2220 2 Support months' imprisonment, $2,500 fine, or both. 3/17 Increases number of enterprise zones that may be designated for electronic commerce. Extends ~eriod during which business firm may obtain certification for facilities in nonurban enterprise HB 2234 6 Drop zones. 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 governing 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 HB 2269 3 Support immediate possession 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 HB 2298 3 Support Modifies provisions relating to stalking protective orders. 3/09 Requires person with duty to report as sex offender to report every 10 days if person does not HB 2300 2 Support have fixed address. 2/11 Expands definition of 'sex crime' for certain purposes by including public or private indecency HB 2316 3 Support regardless of whether person has prior conviction for another sex crime. 2/11 HB 2318 2 Support Expands crime of telephonic harassment. 2/11 Increases penalties for intimidation in second degree under certain circumstances to maximum HB 2321 3 Support five years' imprisonment, $125,000 fine, or both. 2/11 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 ~ersonal income taxpayers and January 1, 2008, for corporate income and excise taxpayers. 2/01 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 HB 2349 3 Neutral strategic 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 HB 2350 2 Support or 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 by uniformed police officer from marked police vehicle. 2/11 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Modifies offense of violating speed limit by requiring driver to drive 20 miles per hour or less in school zones when children are present or flashing light is in operation. Declares emergency, HB 2365 1 Oppose/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 adjournment 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 pregnant 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 Directs Department of Transportation to conduct study of outdoor lighting alternatives. Requires HB 2411 3 Support department to report to Seventy-fourth Legislative Assembly. 2/17 Establishes rules governing 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 succession, by will or by trust passes as if abuser had predeceased HB 2415 3 Drop abused person. 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 Requires county board or local boundary commission to approve petition for formation of special district if petition meets specified legal requirements. Applies to petitions filed with board on or HB 2418 2 Oppose after effective date of Act. 3/31 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 HB 2424 3 Support that 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 Creates crime of unlawful marketing of tobacco products. Punishes by maximum one year's HB 2432 3 Monitor ~mprisonment, $6,250 fine, or both. 3/17 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 purpose of funding school construction and improvements. 2/24 Allocates and appropriates moneys from 2003 increase in taxes and fees for certain vehicles to Oregon Department of Administrative Services for distribution among police agencies for specified purposes. Takes effect only if House Joint Resolution 5 (2005) is approved by people at next HB 2441 6 Drop regular general election. 0/00 Imposes requirements on local governments with respect to provision of telecommunications HB 2445 1 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 period for which notice of deficiency may be ~ssued 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 HB 2455 3 Support 91st day following adjournment sine die. 2/24 Grants reciprocity to persons holding concealed handgun licenses or permits issued by other H B 2456 3 Oppose states. 3/09 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 crime HB 2457 2 Support requiring registration if victim is less than 18 years of age. 2/24 HB 2463 3 Oppose Exempts unemployment benefits from state personal income tax. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Creates crime of interfering with service of document. Punishes by maximum of one year's HB 2464 3 Support imprisonment, $6,250 fine, or both. 3/09 Allows use of ground water without compliance with registration, certificate or permit requirements HB 2473 3 Oppose for watering lawns, grounds or fields of public or private kindergarten through grade 12 schools. 3/09 Modifies hours of labor and overtime requirements on certain public contracts. Declares HB 2476 2 Monitor emergency, effective on passage. 3/24 Modifies 20 mile-per-hour speed requirement in certain school zones to apply only at times posted HB 2481 2 Support on signs in school zone. 3/09 Requires majority of votes cast in territory proposed to be annexed and majority of votes cast in city or district to approve annexation plan under which city or district may annex territory within HB 2484 3 Monitor urban growth boundary. 3/09 Creates crime of criminal mistreatment in first degree. Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. Reclassifies existing crimes of criminal mistreatment. Creates crime of endangering welfare of minor in first degree. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Expands circumstances under which murder is aggravated murder. Creates crime of dumping methamphetamine waste. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Creates crime of operating methamphetamine laboratory. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Creates crime of distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance. Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. Creates crime of unlawful possession of lithium metal or sodium metal. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Provides that person possesses HB 2485 2 Support controlled substance if person is under influence of controlled substance. Expands crime of theft in 3/09 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 period for which notice of deficiency may be issued in cases in which returns reflect use of abusive tax avoidance transactions. Takes effect on HB 2486 3 Support 91st day following adjournment sine die. 3/09 ~ 0 ~ ~ 0 ~ 0 0 ~ 0 ~ 0 0 ~ 0 ~ ~ 0 ~ ~ ~ ~ ~ ~ 0 ~ X 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Authorizes construction of single family dwelling on lot or parcel on which land use restriction or reinterpretation prevents construction of dwelling that could have been constructed when owner acquired lot or parcel. Requires landowner to apply to governing body of city or county, or its designee, for approval to construct dwelling. Requires governing body of city or county, or its designee, to approve or deny application within 120 days of date application is submitted. Provides for judicial review of denial of application. Specifies regulations that apply to siting and construction HB 2549 2 Oppose of dwelling. 3/09 Authorizes construction of single family dwelling on lot or parcel on which land use restriction or reinterpretation prevents construction of dwelling that could have been constructed when owner acquired lot or parcel. Requires landowner to apply to governing body of city or county, or its designee, for approval to construct dwelling. Requires governing body of city or county, or its designee, to approve or deny application within 120 days of date application is submitted. Provides for judicial review of denial of application. Specifies regulations that apply to siting and construction HB 2549A 2 Oppose of dwelling. { + Allows landowner to convey property with right to build single family dwelling. + } 3/31 Exempts law enforcement officials acting in course of official duty from motor vehicle accident H B 2569 2 Support reporting requirements. Declares emergency, effective on passage. 3/17 Directs school districts to adopt policies governing use of police officers and crisis teams to HB 2571 3 Support/Am restrain or remove child with disability from school grounds. Sets requirements for policies. 3/17 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 2574 2 Oppose personal income taxpayers and January 1, 2008, for corporate income and excise taxpayers. 3/09 Provides that certain persons who apply for driver license, driver permit or identification card be deemed to have consented to registration with Selective Service System. Appropriates moneys from General Fund to Department of Transportation for implementing registration provisions and providing notice to applicants. Requires Director of Transportation to seek reimbursement from HB 2575 2 Oppose Selective Service System for amount appropriated from General Fund. 3/09 Imposes additional fines and suspension periods for person who commits certain right-of-way HB 2586 3 Support/Am offenses in vehicle. 3/31 Requires Director of Department of Environmental Quality to appoint Solid Waste Management HB 2592 3 Oppose Advisory Committee to review statewide material recovery goals and make recommendations. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Makes temporary fee schedule for hazardous waste disposal facilities permanent. Continuously appropriates moneys from portion of hazardous waste management fees to Department of HB 2593 3 Support Environmental Quality for certain hazardous waste management purposes. 3/17 Adds property of homeowners associations to category of property to which government entity may apply pesticide without first obtaining pesticide operator license or evidence of financial HB 2595 3 Oppose responsibility. 3/24 Establishes credit against income or corporate excise taxes for wage increases paid by employers to employees engaged in activities that constitute farm use, when increases are caused by increase in minimum wage. Limits credit to percentage of wage increases paid. Applies to tax HB 2597 3 Oppose years beginning on or after January 1, 2006, and before January 1, 2012. 3/17 Reduces fee collected by Secretary of State for document filing as part of secretary's business registry functions from $50 to $20. Repeals provision under which amount equal to $30 for each business registry filing is transferred from Operating Account to General Fund at end of each month. Repeals provision specifying that on July 1 of each year amount in Operating Account that exceeds amount necessary to administer certain business registry functions of Secretary of State HB 2603 3 Oppose for two months is transferred to General Fund. 3/31 HB 2609 3 Support Requires driver license to state eye color of licensee. 3/31 Authorizes counties to designate rural development zones without adopting exceptions to statewide planning goals relating to urbanization or to public facilities and services. Establishes HB 2619 2 Oppose criteria for rural economic planning in rural development zones. 3/31 Prohibits inclusion of lot, parcel or tract in exclusive farm use zone unless lot, parcel or tract is capable of providing gross annual income in excess of specified amount from sale of farm HB 2620 2 Oppose products using accepted farm practices. 3/31 Eliminates minimum lot or parcel size requirement for land divisions in resource zones. Prohibits Land Conservation and Development Commission from establishing income guideline for HB 2621 2 Oppose determining whether proposed dwelling is used in conjunction with farm use. 3/31 Overhauls statewide land use planning process. Directs Land Conservation and Development Commission to adopt new statewide land use planning goals. Directs local governments to amend or replace regional goals and objectives, regional framework plans, comprehensive plans and land HB 2652 2 Oppose use regulations to conform to new statewide land use planning goals. 3/31 Requires person discharging wastes into waters of state to mark area with buoys, markers or signs if discharge causes waters to violate standards for water quality or purity established by HB 2664 3 Monitor Environmental Quality Commission. 3/31 Allows motor vehicle fuel dealers to retain two percent of fuel tax collected as reimbursement for HB 2670 2 Oppose certain costs. 3/17 HB 2694 2 Oppose Requires only persons under 18 years of age to wear motorcycle helmets. 3/31 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Authorizes dwellings clustered in rural areas to be served by sewer systems. Requires owners of clustered dwellings to be served by sewer system to enter into common maintenance agreement ~n favor of local government. Prohibits land use planning goals and administrative rules that conflict with establishing sewer systems serving dwellings clustered in rural areas. Defines 'clustered' and HB 2705 2 Oppose 'local government.' 3/31 Authorizes State Forester to participate in federal partnership program for protection of environmentally important forests. Allows State Forestry Department to apply for, accept and utilize gifts, grants, bequests, endowments and donations to fund participation in federal partnership HB 2709 1 Support program. Requires participation if moneys received. Declares emergency, effective on passage. 3/31 Provides that home address, home telephone number and electronic mail address of public safety HB 2724 2 Support officer are exempt from disclosure. 3/31 Imposes fee for issuance of first Oregon certificate of title. Allocates moneys from fee among HB 2731 2 Oppose/Am Department of Transportation, counties and cities. 3/24 Caps amount of system development charge per dwelling unit that may be imposed for parks and HB 2757 1 Oppose recreation capital improvements. 3/24 Allows person with concealed handgun license to purchase firearm without undergoing criminal HB 2768 2 Oppose history record check. 3/31 Exempts transferor of firearm from performing criminal history record check if purchaser or HB 2801 2 Oppose recipient has concealed handgun license. 3/31 Grants reciprocity to persons holding concealed handgun licenses or permits issued by other HB 2802 3 Oppose states. 3/31 Requires participants in Adopt-a-Highway program to pay costs of participation. Requires applicants to appear in person at public meetings. Requires identities of applicants to be provided HB 2830 2 Oppose to news media. Applies to state, county and city Adopt-a~Highway programs. 3/24 HB 2831 2 Support Allows municipal courts to assign judgments in criminal actions to Department of Revenue. 3/24 HB 2869 2 Support/Am Imposes fee on retail sale of studded tires or on installation of studs in tire. 3/24 Prohibits public body from substantially burdening person's free exercise of religion, including when burden results from application of rule of general applicability, unless public body meets burdens of providing evidence and persuading trier of fact that imposition of burden furthers compelling government interest and is least restrictive means of furthering that compelling government interest. Provides that prohibition does not apply to burden imposed on person due to application of certain land use statutes, goals or regulations. Authorizes civil action for violation of HB 2912 2 Oppose Act. 3/24 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Appropriates moneys from General Fund to Oregon Government Standards and Practices Commission for biennial expenses. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, HB 2939 2 Support collected or received by commission. Declares emergency, effective July 1, 2005. 3/31 Establishes Law Enforcement Medal of Honor. Establishes Governor's Commission on the Law Enforcement Medal of Honor. Establishes Law Enforcement Medal of Honor Account. HB 2977 3 Support Continuously appropriates moneys in account to Governor. 3/31 Requires applicant for energy facility site certificate to obtain land use approval from local government. Requires State Department of Energy to generate environmental impact statement. Allows site certificate to be granted only if applicant can show need for generating capacity. HB 3135 1 Support Requires disclosure of financial ability and criminal history by applicant. 3/31 Provides that duty of county court or board of county commissioners to inspect local correctional HB 3157 6 Drop facilities is discretionary for facilities not operated by county. 3/31 Abolishes local government boundary commission having jurisdiction in Lane County and Lane County Local Government Boundary Commission Fund. Transfers moneys in fund to Lane County HB 3265 1 Oppose for specified purposes. 3/24 Authorizes formation of county service districts with overlapping jurisdiction if districts are authorized to provide different services. Expands purposes for which county service district may be formed within jurisdiction of local boundary commission. Limits authority of city or special district to HB 3301 1 Oppose object to formation of county service district. 3/24 Appropriates moneys from General Fund to Department of Environmental Quality for certain biennial expenses. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, specified bond proceeds and specified federal funds, collected or received by department. Limits biennial expenditures from lottery moneys allocated from Parks and Natural Resources Fund to department. Authorizes specified nonlimited expenditures. Limits biennial expenditures of department from federal funds. Declares emergency, effective July 1, HB 5026 3 Monitor 2005. 3/31 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 2005 LegisLative Session IGR Committee Bill Approval April 11, 2005 Directs Oregon Watershed Enhancement Board to allocate moneys deposited into Watershed Improvement Operating Fund and Watershed Improvement Grant Fund to various 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 HB 5074 3 Monitor of Parks and 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, HB 5075 3 Monitor 2005. Declares emergency, effective July 1, 2005. 2/17 Urges Congress to extend Secure Rural Schools and Community Self-Determination Act of 2000 HJM 0001 2 Support ithrough federal fiscal year 2016 and to fund Act with mandatory, continuing appropriation. 3/09 Urges Congress to extend Secure Rural Schools and Community Self-Determination Act of 2000 HJM 000lA 2 Support through federal fiscal year 2016 and to fund Act with mandatory, continuing appropriation. 3/09 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 Proposes amendment to Oregon Constitution to allow revenue from taxes on motor vehicle fuel and ownership and operation of motor vehicles to be used for policing of highways. Refers H JR 0005 2 Neut/Am proposed amendment to people for their approval or rejection at next regular general election. 3/09 Directs State Department of Geology and Mineral Industries to develop statewide seismic needs assessment. Specifies scope of assessment. Sunsets January 2, 2008. Declares emergency, SB 0002 3 Monitor effective on passage. 3/24 Requires Director of Office of Emergency Management to develop grant program for seismic rehabilitation of certain critical public buildings. Directs creation of grant committee. Specifies membership of committee. Allows Seismic Safety Policy Advisory Commission and State Department of Geology and Mineral Industries to participate in grant program. Declares SB 0003 3 Monitor emergency, effective on passage. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Prohibits school administrators, teachers, employees and volunteers from promoting, suggesting or supplying performance-enhancing supplements to students. Provides exceptions for administrators, teachers, employees and volunteers treating own children and for certain nonschool-related activities. Punishes violation by maximum imprisonment of three months, $500 SB 0006 3 Support fine, or both. Declares emergency, effective on passage. 3/17 Extends sunset on law requiring annual report by Public Utility Commission to Governor 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 surcharge 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 Makes numerous technical changes to procedures for issuing, selling and maintaining bonds SB 0023A 3 Support issued by public issuers. 3/24 Authorizes Attorney General to represent public officer or body as lead plaintiff in certain class SB 0026 3 Support action proceedings. 1/25 Allows estimate of financial effect of state measure on state or local governments printed in voters pamphlet and on ballot to include estimate of financial effect on state and local governments 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 SB 0029 3 Monitor beginning on or after July 1,2006. 2/11 Reduces personal income tax rates for certain taxpayers by modifying income brackets. Applies to tax years beginning on or after January 1,2006. Takes effect on 91 st day following adjournment SB 0030 3 Oppose sine die. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 permits 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 professional 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. SB 0071 2 Support/Am Sunsets 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 prior 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 Development Commission. Sunsets January 2, 2010. Declares emergency, effective on SB 0082 3 Monitor passage. 3/09 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Modifies laws requiring electric utilities to allow net metering for customers that have facilities for generation of electricity. Allows those customers to use biomass generation in addition to solar power, wind power, fuel cells and hydroelectric power. Allows Public Utility Commission to extend requirements of net metering 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' ~mprisonment, $125,000 fine, or both. Creates crime 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 SB 0096 3 Oppose goals and guidelines to legislative enactment or initiative measure. 2/11 Overhauls statewide land use planning process. Directs Land Conservation and Development Commission to adopt new statewide land use planning goals. Directs local governments to amend ior replace regional goals and objectives, regional framework plans, comprehensive plans and land SB 0100 2 Oppose use regulations to conform to new statewide land use planning goals. 3/31 Authorizes claim for relief against Department of Transportation if certain approach roads are SB 0101 3 Neutral closed by department. 2/11 Requires firefighters and emergency medical technicians to report abuse of elderly 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 governing 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 succession, by will or by trust passes as if abuser had predeceased abused SB 0106 3 Support ~erson. 2/24 Increases number of hours of community service that persons convicted of driving while under SB 0112 3 Oppose influence of intoxicants must serve. 3/09 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 crimes 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 SB 0127 2 Support report as 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 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 SB 0147 3 Neutral has 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 price 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 report to Legislative Assembly. Terminates photo red light camera and photo radar system on SB 0153 3 Oppose January 2, 2008. 2/11 Revises provisions relating to removal of material from beds and banks and filling of waters of this state. Revises exemptions from requirement to obtain permit or authorization for projects. Authorizes Department of State Lands to enter into agreements with Department of Environmental Quality to enforce water quality standards for placer mining. Deletes provisions relating to essential SB 0170 3 Support indigenous anadromous salmonid habitat. 3/31 Prohibits discrimination against persons based on sexual orientation in certain areas of law. Defines terms. Authorizes enforcement of prohibition through civil action for actual and punitive damages. Authorizes award of attorney fees in civil proceedings for unlawful discrimination based on sexual orientation. Permits Commissioner of Bureau of Labor and Industries to enforce SB 0176 2 Support prohibition of unlawful practices based on sexual orientation. 3/09 Specifies that employees of forest protective associations or persons acting as agents of forest arotective associations, when fighting fires at direction of forester, are agents of public body for SB 0177 3 Neutral purposes of tort actions. 1/25 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 crime of unlawful ~ossession of lithium metal or sodium metal. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Expands crime of theft in first degree to include theft of precursor substances. Modifies recording requirements for transactions involving iodine in elemental form or iodine matrix. Increases punishment for failing to comply with recording requirements to maximum of one tear's imprisonment, $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 matrix. Punishes by maximum of one year's imprisonment, SB 0183 2 Support $6,250 fine, or both. 2/17 Revises language in statutes regulating registration and distribution of fertilizer, agricultural SB 0184 3 Monitor amendment, agricultural mineral and lime products. 3/31 Allows person who is victim of person crime 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 criminal 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 SB 0228 2 Neutral 8 public school students. Specifies requirements for physical education instruction. 2/11 Prohibits discrimination, on account of race, religion, sex, marital status, color, national origin or age, in price charged for services of similar kind by place of public accommodation. Allows court to award three times amount of actual damages or $1,000, whichever is greater, for violation. SB 0241 2 Support Provides exceptions. 3/24 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 SB 0282 3 Monitor Modifies meaning of 'owner' and 'landowner' for purposes of certain annexations of territory. 3~09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 privacy ~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 Prohibits facially neutral housing policy that adversely impacts disabled persons or other persons due to their race, color, sex, marital status, source of income, familial status, religion or national origin to greater extent than it adversely impacts persons generally. Prohibits discrimination against disabled persons or discrimination due to race, color, sex, marital status, source of ~ncome, familial status, religion or national origin by multiple listing service, real estate brokers' :organization or other service, organization or facility relating to business of selling or renting dwellings. Requires Commissioner of Bureau of Labor and Industries to investigate complaint of discrimination within 30 days of filing of complaint. Allows court trial for violation. Allows attorney fees. Imposes civil penalties. Reactivates property tax exemption for single-unit housing in distressed urban areas. Extends period during which applications for exemption may be made. Permits condominiums to be eligible for either single-unit or multiple-unit housing property tax SB 0299 2 Support exemption. Creates crime of housing intimidation. Punishes by maximum imprisonment of one yea 3/09 Establishes system to provide various types of compensation in specified instances when land use requirement reduces fair market value of property. Establishes program for creation, ~urchase, sale, exchange or conveyance of transferable development credits. Imposes compensation and conservation taxes. Repeals Ballot Measure 37 (2004). Takes effect on effective date of constitutional amendment or revision that exempts taxes imposed under Act from SB 0308 2 Oppose property tax limitations in Oregon Constitution. 3/17 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 ~rocess 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 SB 0311 2 Oppose ,board to adopt process for investigation of complaints about required medical examinations. 1/25 Expands crime of unlawful distribution of ephedrine, pseudoephedrine or phenylpropanolamine SB 0313 2 Support by requiring record of sale or transfer. Provides exception for products sold in certain form. 2/17 Directs Department of Revenue to enter into multistate agreement to streamline administration of sales and use taxes imposed by other states. Takes effect on 91st day following adjournment sine SB 0315 3 Monitor die. 3/31 Prohibits carrying animal on external 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 compromise of action involving public body and terms of mediation agreement involving public SB 0324 2 Oppose 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 SB 0325 3 Support before 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 Support/Am possession of firearms on public property. 2/11 Requires custodian of public record in executive department or special government body to permit member or committee of Legislative Assembly to review confidential public record when member or committee considers review necessary to evaluate effect of law or performance of SB 0340 1 Oppose public body. 3/09 Prohibits unit of local government from imposing sales tax on meals prepared and sold inside boundaries of unit of local government. Permits collection of otherwise prohibited tax if ordinance or other law imposing tax took effect or became operative before January 1, 2003. Takes effect on SB 0343 1 Oppose 91st day following adjournment sine die. 3/09 Directs Environmental Quality Commission to adopt regulations implementing California motor SB 0344 2 Support vehicle emission standards beginning with 2009 model year. 2/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Directs State Board of Forestry to establish permanent conservation reserves on state forestlands. Designates certain forestlands in Tillamook and Clatsop Counties as permanent SB 0345 3 Support conservation reserves. 2/17 Postpones, for certain claims for just compensation arising from land use regulation, dates on which property owner becomes eligible to receive compensation and to file cause of action in circuit court for compensation. Postpones date of accrual for certain claims for just compensation. SB 0350 2 Oppose Declares emergency, effective on passage. 3/09 Directs local governments to allow neighborhood associations specified period of time to comment on issuance or renewal of liquor license. Extends time periods for consideration of SB 0357 3 Neutral application for license. 2/17 Expands coverage of intimidation laws to include crimes against persons based on gender SB 0360 2 Support identity. 3/09 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 Support/Am ethylamphetamine. 2/17 Expands crime of unlawful distribution of methamphetamine precursors by prohibiting sale of SB 0378 3 Support methamphetamine precursors to persons under 18 years of age. 3/17 Directs Department of Justice to make grants to counties for purpose of prosecuting crimes involving possession, manufacture and distribution of methamphetamine. Appropriates moneys SB 0379 2 Neutral from General Fund to Department of Justice. 3/09 Requires majority of voters in territory proposed to be annexed and majority of voters in city or district annexing territory to approve annexation plan under which city or district may annex SB 0380 3 Monitor territory within urban growth boundary. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Reduces personal income tax rates, including rates imposed on capital gains. Increases state earned income tax credit and makes earned income tax credit refundable. Increases threshold level of estates of decedents that are not subject to Oregon inheritance tax. Establishes principal residence property tax exemption for homesteads of seniors or persons with household income below threshold level. Increases elderly rental assistance program. Enacts uniform sales and use tax administration provisions. Directs Department of Revenue to enter into Streamlined Sales and Use Tax Agreement. Imposes sales tax on sales of tangible personal property or services. Imposes use tax on use of tangible personal property purchased out-of-state. Sales and use tax )rovisions become operative on January 1, 2006, and apply to transactions occurring on or after January 1, 2006, but do not become operative if Streamlined Sales and Use Tax Agreement is not SB 0382 3 Monitor executed prior to January 1, 2006. Takes effect on 91st day following adjournment sine die. 3/09 SB 0384 2 Neutral Eliminates registration fee for hybrid vehicles. 2/11 Establishes system to provide various types of compensation in specified instances when land use requirement reduces fair market value of property. Establishes program for creation, purchase, sale, exchange or conveyance of transferable development credits. Imposes compensation and conservation taxes. Appropriates moneys to Compensation and Conservation Authority. Takes effect on effective date of constitutional amendment or revision that exempts SB 0406 2 Oppose taxes imposed under Act from property tax limitations in Oregon Constitution. 3/17 SB 0409 3 Support Expands definition of 'aggravated murder' to include murder of reserve officer. 3/17 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 ~ublicize program. 2/24 Eliminates school district taxes from division of tax method of funding urban renewal plans. Applies to urban renewal plans that are adopted or substantially amended on or after effective date SB 0412 1 Support/Am 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 Support/Am commission. Declares emergency, effective on passage. 2/24 Requires Director of Department of Consumer and Business Services to establish 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 ~ermit 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 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 that 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 SB 0425 2 Neutral outside urban renewal district. 2/17 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 Eliminates Oregon inheritance tax on transfers of property occurring as result of decedents who SB 0438 3 Oppose die on or after January 1, 2006. 3/31 Expands criminal homicide to include causing death of unborn child. Provides exception for lawful abortions and acts committed by pregnant woman. Creates crime of assault of unborn child. SB 0440 6 Drop Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. 2/17 Reduces income and corporate excise tax rates imposed on capital gains. Phases in reduction, SB 0449 3 Oppose beginning in tax years beginning on or after January 1,2006. 3/09 Reduces income and corporate excise tax rates imposed on capital gains. Phases in reduction SB 0453 3 Oppose over three-year period. 3/09 Extends tax credit qualifying period for employers who hire qualified youth under First Break Program. Increases cap on maximum amount of tax credit. Takes effect on 91st day following SB 0454 3 Oppose adjournment sine die. 3/24 Phases in reductions in personal income tax rates and elimination of taxation of net capital gain over two-step interval. Begins phase-in of tax reductions for tax years beginning on or after January 1,2006, and completes phase-in of reductions for tax years beginning on or after January SB 0456 3 Oppose 1,2008. 3/09 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 Governor's budget to include proposed spending limitation for General Fund and lottery moneys. Requires Legislative Assembly to enact bill that establishes total spending limitation for biennium and limitations within specified categories. Prohibits enactment of bills after March 31 if SB 0470 3 Neutral Legislative Assembly has not enacted and Governor has not signed limitation bill. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Specifies requirements for treatment and propagation of hatchery fish that any fish management SB 0473 3 Oppose policy of State Fish and Wildlife Commission must contain. 3/17 Changes interest rate imposed on amounts deferred under homestead property tax deferral program or special assessments for local improvements deferral program. Provides that interest rate is to be established annually, based on United States Federal Reserve System primary discount rate in effect on January 1 of year in which interest accrues. Applies to interest accruing SB 0478 2 Oppose on or after January 1, 2006. 3/09 Establishes tax credit against personal income or corporate income or excise taxes for property taxes paid on machinery and equipment used by persons engaged in certain food processing. SB 0479 3 Oppose Applies to tax years beginning on or after January 1, 2006. 3/09 Directs Department of Revenue to establish general tax amnesty program of limited duration. Waives penalties for taxpayers who pay outstanding taxes. Increases penalties on taxpayers who fail to fully participate. Sunsets January 2, 2012. Takes effect on 91st day following adjournment SB 0480 3 Support sine die. 3/09 Modifies offense of violating speed limit by requiring driver to drive 20 miles per hour or less in school zone when children are present or flashing light is in operation. Declares emergency, SB 0488 2 Oppose/Am effective July 1, 2005. 3/24 Requires majority of votes cast in territory proposed to be annexed and majority of votes cast in city or district to approve annexation plan under which city or district may annex territory within urban growth boundary. Eliminates option for city to annex territory without vote in territory and SB 0491 3 Oppose without written consent to annexation by 50 percent or more of voters residing in territory. 3/09 SB 0492 2 Support Revises laws regarding driver duties to certain pedestrians. 3/24 Allows person lawfully using bicycle lane to proceed through red light at top of T intersection after stopping at light. Creates offense of improper stop at light at T intersection. Punishes by maximum SB 0493 3 Oppose fine of $360. 3/24 SB 0494 3 Monitor Prohibits smoking within 100 feet of entrance to public place. 3/09 Authorizes State Forestry Department to apply for, accept and utilize federal grants for forest SB 0496 1 Support legacy programs. Declares emergency, effective on passage. 3/09 SB 0513 3 Support Modifies crime of interfering with peace officer. 3/17 Limits contingent fees permitted in negligence claims. Provides that attorney may not contract for or collect contingent fee if amount of fee would result in attorney being paid in excess of $500 per SB 0516 3 Monitor hour for services provided by attorney. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11,2005 Requires applicant for energy facility site certificate to obtain land use approval from local government. Requires State Department of Energy to generate environmental impact statement. Allows site certificate to be granted only if applicant can show need for generating capacity. SB 0527 1 Support Requires disclosure of financial ability and criminal history by applicant. 3/09 Repeals sunset limiting establishment of guest ranches. Modifies requirements for guest lodging SB 0538 3 Monitor and food service facilities allowed on guest ranches. 3/09 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 SB 0539 2 Oppose suppliers for initial costs of fluoridation. 2/24 Creates Environmental Justice Task Force. Specifies duties and responsibilities. Requires natural resource agencies to perform certain actions relating to environmental justice. Defines natural SB 0542 3 Support resource agency. 3/31 SB 0544 3 Support Prohibits smoking in places of employment. Specifies certain exceptions. 3/09 Prohibits law enforcement units from requiring peace officers to issue minimum number of traffic SB 0546 3 Support/Am citations. 3/17 Expands crime of criminal impersonation of peace officer to prohibit wearing law enforcement SB 0547 2 Support/Am uniform to deceive others in commission of crime. 3/09 SB 0548 3 Neutral Modifies crime of interfering with peace officer. 3/17 Prohibits legislative official from accepting consideration other than salary paid by State of Oregon for acting as lobbyist. Deletes provision allowing removal of contested case proceedings involving alleged violations of lobby or government standards and practices laws to Marion County Circuit Court. Increases maximum civil penalty that may be imposed for violations of lobby or government standards and practices laws to $10,000. Deletes provision requiring award of attorney fees to )ersons who prevail in contested case proceeding or appeal involving alleged violation of lobby or SB 0550 3 Support/Am government standards and practices laws. 3/17 Directs Department of Environmental Quality to condition discharge permits to prohibit discharge of toxic substances in amounts or concentrations that may be harmful to aquatic life or human SB 0555 1 Support/Am health. 2/24 Changes veterinarian duty to supply evidence of inoculation when vaccinating animal against SB 0556 3 Support rabies. Limits disclosure of animal control agency rabies vaccination records. 3/17 Requires Office of Emergency Management to develop tsunami warning information and evacuation plans and establish uniform tsunami warning signal. Requires transient lodging facilities located in tsunami inundation zones to post tsunami warning information and evacuation SB 0557 3 Support plans. Declares emergency, effective on passage. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 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 Directs Office of Emergency Management to develop and operate statewide first responder SB 0562 3 Monitor building mapping information system. 3/17 Prohibits Oregon Transportation Commission and Department of Transportation from designating SB 0566 3 Monitor highway or portion of highway as freight route if also designated as historic and scenic highway. 3/09 Increases fines and imposes suspension of driving privileges for person who exceeds speed limit SB 0568 3 Support or designated speed by more than 30 miles per hour or who drives 100 miles per hour or greater. 3/17 SB 0572 3 Oppose Establishes protections for nursing staff members who experience workplace violence. 3/17 Makes findings concerning international outsourcing of services contracted for by state agencies. Requires contractors submitting bids or proposals on public contracts to certify where services would be performed. Prohibits state agency from awarding contract to contractor that would ~erform services outside of United States. Provides exceptions. Permits contracting agency to SB 0578 3 Monitor bring civil action for breach of contract. 3/17 SB 0581 3 Support Expands court's discretion in reducing fines for traffic violations. 3/09 Limits use of cellular telephones for dispatch by public safety answering point that receives 9-1-1 SB 0582 2 Oppose emergency calls. 3/24 Authorizes use of photo radar in Lake Oswego, Milwaukie and Roseburg. Removes requirement SB 0588 3 Neutral that photo radar equipment be operated by uniformed police officer from marked police vehicle. 3/31 SB 0597 3 Support/Am Requires person to report abuse of child residing in same household as person. 3/17 SB 0609 3 Monitor Modifies statute related to duties of local commissions on children and families. 3/24 Requires public body to conduct collective bargaining in public. Requires public body to give public notice of collective bargaining. Authorizes resident of public body's jurisdiction to bring civil action for violation or on application of Act. Authorizes Oregon Government Standards and Practices Commission to penalize public official for violating Act. Allows maximum civil penalty of $1,000 for SB 0610 3 Oppose violation of Act. 3/09 Requires person maintaining or possessing identifying information to take measures to protect SB 0630 2 Support/Am against unauthorized access to or use of information prior to disposal or destruction of information. 3/09 Exempts law enforcement officials acting in course of official duty from motor vehicle accident SB 0633 2 Support reporting requirements. Declares emergency, effective on passage. 3/17 Creates crime of possessing dogflghting paraphernalia. Punishes by maximum of one year's SB 0641 3 Support imprisonment, $6,250 fine, or both. 3/31 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Establishes Post-Secondary Education Promise program to be administered by Oregon 529 College Savings Board. Establishes Post-Secondary Education Promise Fund and Post- Secondary Education Finance Account. Directs that $1,000 will be allocated from Post-Secondary Education Finance Account within Administrative Services Economic Development Fund to Post- Secondary Education Promise Fund to be placed in individual account for each person born in Oregon on or after January 1,2006. Allows account moneys and earnings to be used for higher education expenses if child maintains residency in Oregon. Continuously appropriates moneys from Post-Secondary Education Promise Fund to Oregon 529 College Savings Board. Directs Oregon State Lottery to establish line games. Allocates net proceeds from line games to program. SB 0642 3 Monitor Declares emergency, effective July 1, 2005. 3/09 SB 0650 1 Oppose Modifies standards for amending existing urban growth boundary. 3/24 Authorizes construction of single family dwelling on lot or parcel on which land use restriction or reinterpretation prevents construction of dwelling that could have been constructed when owner acquired lot or parcel. Requires landowner to apply to governing body of city or county, or its designee, for approval to construct dwelling. Requires governing body of city or county, or its designee, to approve or deny application within 120 days of date application is submitted. Provides for judicial review of denial of application. Specifies regulations that apply to siting and construction SB 0651 2 Oppose of dwelling. 3/09 Requires owner of private real property zoned for forest use or mixed farm and forest use to comply with provisions of Oregon Forest Practices Act as in effect on December 2, 2004. Bars ,claim for compensation under chapter 1, Oregon Laws 2005, based on land use regulation that is ~art of Oregon Forest Practices Act as in effect on December 2, 2004. Declares emergency, SB 0654 2 Support effective on passage. 3/17 Requires city or county to take final action on application for permit, limited land use decision or SB 0656 3 Support zone change within 130 days after application is deemed complete, with specified exceptions. 3/09 Requires city or county to take final action on application for permit, limited land use decision or SB 0657 2 Oppose zone change within 90 days after application is deemed complete, with specified exceptions. 3/09 Requires county board or local boundary commission to approve petition for formation of special district if petition meets specified legal requirements. Applies to petitions filed with board on or SB 0660 1 Oppose after effective date of Act. 3/09 Creates private cause of action against owner of private real property that is subject to modification, removal or waiver of land use regulation pursuant to chapter 1, Oregon Laws 2005 (Ballot Measure 37 (2004)), for owner of affected private real property that is reduced in value. SB 0663 1 Support Declares emergency, effective on passage. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Requires governing body to allow establishment of single-family dwelling on lot or parcel zoned SB 0676 3 Monitor for protection of forestland under specified circumstances. 3/09 Declares land use decision or limited land use decision of local government affirmed if decision is appealed to Land Use Board of Appeals and board fails to issue final order within 77 days, or SB 0677 3 Oppose longer period if authorized, after transmittal of record. 3/09 Directs Oregon Department of Aviation to establish pilot program to foster economic development SB 0680 3 Oppose adjacent to rural airports by encouraging through the fence operations. 3/17 Prohibits storage or disposal of hazardous materials and radioactive materials at solid waste disposal sites established in exclusive farm use zones. Prohibits storage or disposal of solid waste, hazardous materials or radioactive materials at sites in exclusive farm use zones on which SB 0681 2 Oppose/Am land application of reclaimed water, agricultural or industrial process water or biosolids is allowed. 3/24 Requires Department of Transportation to conduct study regarding feasibility of expanding SB 0685 6 Drop number of places where U-turns are permitted. 3/09 Authorizes landowner to obtain vested right to development approved as part of site-specific development plan. Authorizes local governments to adopt comprehensive plan provisions or land SB 0688 3 Oppose use regulations to implement review of site-specific development plan. 3/17 Prohibits annexation or incorporation of specified industrial lands without written consent of landowner. Declares that specified industrial lands annexed or incorporated with consent of landowner retain in perpetuity development rights that apply when land is annexed or incorporated. SB 0699 2 Oppose Declares emergency, effective on passage. 3/09 Prohibits facially neutral housing policy that adversely impacts disabled persons or other persons due to their race, color, sex, marital status, source of income, familial status, religion or national origin to greater extent than it adversely impacts persons generally. Prohibits discrimination against disabled person or discrimination due to race, color, sex, marital status, source of income, familial status, religion or national origin by multiple listing service, real estate brokers' organization or other service, organization or facility relating to business of selling or renting dwellings. Requires Commissioner of Bureau of Labor and Industries to investigate complaint of discrimination within 30 days of filing of complaint. Allows court trial for violation. Allows attorney fees. Imposes civil SB 0706 2 Support penalties. 3/09 Entitles contractor on public contract or contractor's surety to recover from Commissioner of Bureau of Labor and Industries reasonable attorney fees, expert witness fees, costs and disbursements and any other costs and expenses incurred by contractor and contractor's surety in investigating, responding to and resolving claim against contractor's payment bond if commissioner's actual recovery from contractor's payment bond, through settlement, civil action or SB 0707 2 Oppose otherwise, is less than 90 percent of amount of claim stated in notice of claim. 3/24 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Defines isolated wetlands and marginal wetlands for purposes of regulation of removal and filling of material. Allows removal and filling of material in certain isolated and marginal wetlands and in wetlands of less than one acre in size to occur without permit. Allows city with population of 50,000 or fewer persons to develop approval or denial procedures for development permits, building }ermits or actions that affect marginal and isolated wetlands. Declares emergency, effective on SB 0710 2 Oppose passage. 3/09 Transfers functions relating to management of wetlands, removal of materials from beds or banks of waters of state and filling of waters of state from Department of State Lands to State SB 0711 2 Oppose Department of Agriculture. 3/09 Abolishes Oregon Watershed Enhancement Board. Transfers duties, functions and powers of board to State Department of Agriculture and State Department of Fish and Wildlife. Declares SB 0715 1 Oppose emergency, effective on passage. 3/17 SB 0717 3 Support Modifies laws relating to medical use of marijuana. Declares emergency, effective on passage. 3/09 Authorizes county service district to be formed in which governing body of district is elected board SB 0725 3 Oppose of directors instead of governing body of county. 3/31 Requires Director of Department of Consumer and Business Services to amend state building code to prohibit use of wood coated with substance containing arsenic in framing or sheathing roof SB 0727 3 Neutral of residential structure, making use punishable by civil penalty not to exceed $5,000. 3/17 Establishes standards under which city may not annex specified business property without petition SB 0728 3 Oppose for annexation from owner of property. 3/31 Modifies requirements for industrial property that city may not annex without written petition for annexation from owner of property. Repeals sunset on provision containing requirements for SB 0732 3 Oppose annexation of industrial property by city. 3/31 Directs office of State Fire Marshal to adopt fire safety standards for cigarettes. Requires cigarette manufacturer to certify that manufacturer's cigarettes meet fire safety standards before cigarettes may be sold in state. Appropriates moneys to office of State Fire Marshal for establishing fire safety standards for cigarettes. Imposes civil penalties. Declares emergency, effective on SB 0738 2 Support passage. 3/17 Requires public entity receiving claim for compensation for reduction in fair market value of private real property because of land use regulation to notify claimant in writing how public entity intends to respond to claim. Requires public entity that notifies claimant of intention to modify, remove or not apply land use regulation to notify claimant of additional taxes due if property will be SB 0739 3 Oppose disqualified for special assessment or exemption from taxation. 3/31 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Establishes Electronic Product Stewardship Account. Appropriates moneys from General Fund to Department of Environmental Quality for implementation of program for collection, reuse and recycling of electronic products. Requires that moneys appropriated from General Fund be reimbursed to fund within 2005-2007 biennium. Requires sellers of certain electronic products to charge first in-state buyers advance recycling fee to cover costs of program for collection, reuse and recycling of products. Appropriates moneys collected through advance recycling fees to department for operation of program. Provides that qualified organizations shall receive funding from account to promote and organize collection, reuse and recycling of electronic products. Requires manufacturers of electronic products to report certain information to department. SB 0740 3 Support Sunsets January 2, 2016. 3/31 Declares approval or denial of approval of subdivision or partition plat by county surveyor or other specified public servants is not land use decision or limited land use decision. Excludes county surveyor's approval of subdivision plat or partition plat from definition of 'limited land use decision. ' SB 0745 3 Monitor Declares emergency, effective on passage. 3/31 Modifies amount of medical marijuana authorized person or designated primary caregiver may possess under certain circumstances. Authorizes multiple-person grow site to produce medical marijuana for up to seven eligible persons. Eliminates affirmative defense of medical necessity in certain circumstances. Clarifies meaning of mature plant for purposes of Oregon Medical Marijuana Act. Authorizes certain licensed health care professionals to administer medical marijuana to authorized persons in certain circumstances. Requires Department of Human Services to develop system to allow authorized law enforcement personnel to access list of ~ersons issued registry identification cards. Requires state and local law enforcement personnel to ~rovide identification to department prior to obtaining information from list of persons issued SB 0772 3 Neut/Am registry identification cards. Creates Advisory Committee on Medical Marijuana in department. 3/31 Establishes Multimodal Transportation Fund to make loans to public bodies and private entities for transportation projects. Authorizes issuance of $200 million in lottery bonds for fund. Requires that moneys from interest on loans and repayment of principal of loans be deposited into Oregon Transportation Infrastructure Fund. Sunsets fund on January 2, 2008. Declares emergency, SB 0777 3 Neutral effective July 1, 2005. 3/17 SB 0790 3 Support Permits court to award punitive damages to whistleblower in civil action against public employer. 3/31 Directs Public Utility Commission to replace all intrastate, interexchange toll routes with statewide fiat rate interexchange service. Establishes Toll-free Calling Fund. Appropriates moneys from fund to commission for payment to telecommunications providers for costs incurred in providing toll-free SB 0794 3 Support calling within state. 3/24 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 SB 0839 1 Support/Am Extends period during which property tax exemptions for multiple-unit housing may be granted. 3/24 Establishes Reserve Fund. Requires transfer of specified amount of General Fund ending SB 0841 1 Support balance to Reserve Fund. Establishes conditions for using moneys from Reserve Fund. 3/24 SB 0842 2 Support/Am Imposes fee on retail sale of studded tires or on installation of studs in tire. 3/31 Requires that substances added to public water supply for purposes other than to treat water to SB 0851 3 Support make water safe or potable meet specific safety requirements. 3/24 Creates Beverage Product Stewardship Board. Transfers duties of Oregon Liquor Control Commission relating to beverage container collection and refund to board. Expands type of ibeverage containers subject to deposit provisions. Increases deposit amount. Eliminates role of manufacturer and distributor in collection and refund of deposit. Allows dealer to refuse to accept beverage container if dealer is within redemption convenience zone of redemption center. Provides that dealers send deposits on beverage containers to board to be deposited in Beverage Product Deposit Fund. Creates Beverage Product Deposit Fund. Continuously appropriates moneys in fund to board. Directs board to return refund value of beverage container and handling fee to redemption center or dealer who pays refund value to consumer. Appropriates moneys to SB 0862 3 Monitor board from General Fund for initial costs. Takes effect on 91st day following adjournment sine die. 3/17 Allows applicant for replacement dwelling in exclusive farm use zone to apply for deferred replacement permit that remains valid indefinitely if established dwelling is removed or demolished SB 0863 3 Monitor within three months of issuance of permit. 3/17 Establishes credit against income or corporate excise tax for expansion in full-time employment by certain employers. Provides that expansion must exceed threshold level of employment. Establishes credit against income or corporate excise tax for health insurance premiums paid by SB 0866 3 Oppose employer on behalf of employees. 3/31 Requires Public Utility Commission to exempt certain telecommunications services and products of telecommunications utility from regulation under certain circumstances. Requires that commission allow utility to price list certain services and products if commission finds that services or products are available from alternative provider and services or products of alternative provider are functionally equivalent to services or products offered by telecommunications utility, or can be SB 0878 3 Oppose substituted for services or products offered by telecommunications utility. 3/17 SB 0886 3 Oppose Requires public hearing prior to proposed annexation of territory by city without election. 3/17 Deletes authority of city to annex by ordinance or resolution territory not within city but surrounded SB 0887 3 Oppose by corporate boundaries of city or surrounded by corporate boundaries of city and body of water. 3/17 SB 0894 2 Oppose Defines 'freight route' for purpose of prohibition on reduction of capacity of state highways. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Provides tax credit for employers engaged in or preparing to engage in manufacture of water SB 0896 3 Oppose transit vessels. Applies to tax years beginning on or after January 1, 2006. 3/17 Declares statewide land use planning goals relating to transportation planning advisory only. Requires Land Conservation and Development Commission to consider impact of goals on SB 0897 2 Oppose economic development. 3/17 Creates crime of criminal mistreatment in first degree. Punishes by maximum of 10 years' ~mprisonment, $250,000 fine, or both. Reclassifies existing crimes of criminal mistreatment. Creates crime of endangering welfare of minor in first degree. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Expands definitions of 'abuse' and 'public or private official' for purposes of child abuse reporting laws. Requires health care providers to provide protected health information to law enforcement agencies and Department of Human Services under certain SB 0907 2 Support circumstances. 3/17 SB 0910 2 Support Expands list of places declared to be public nuisances subject to enjoinder and abatement. 3/17 Creates crime of dumping methamphetamine waste. Punishes by maximum of 20 years' SB 0911 3 Support imprisonment, $375,000 fine, or both. 3/17 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 10 years' imprisonment, $250,000 fine, or both. Creates crime of unlawful possession of lithium metal or sodium metal. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Expands crime of theft in first degree to include theft of precursor substances. Authorizes State Board of Pharmacy to adopt rules regulating sale or transfer of products containing ~seudoephedrine. Punishes failure to make, keep or forward records by one year's imprisonment, $6,250 fine, or both. Modifies recording requirements for transactions involving iodine in elemental form or iodine matrix. Increases punishment for failing to comply with recording requirements to maximum of one year's imprisonment, $6,250 fine, or both. Creates crime of unlawful distribution SB 0912 2 Support of iodine in elemental form. Punishes by maximum of one year's imprisonment, $6,250 fine, or both 3/09 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Creates standard for fire-safe cigarettes. Requires State Fire Marshal to determine whether cigarette variety meets standard for tire-safe cigarettes. Requires State Fire Marshal to publish and distribute list of fire-safe cigarettes beginning no later than January 1, 2006. Prohibits distribution or offer to sell cigarette unless cigarette is of variety State Fire Marshal has determined to be fire-safe cigarette. Makes violation by person distributing or offering to sell cigarettes to wholesaler or retailer subject to civil penalty not to exceed greater of $10,000 or five times value of cigarettes. Makes civil penalty applicable to distributions or offers to sell occurring on or after March 1, 2006. Makes violations by person distributing or offering to sell to public subject to civil )enalty not to exceed $500 for violation involving not more than 1,000 cigarettes and not to exceed greater of $1,000 or five times value of cigarettes for violation involving more than 1,000 SB 0931 2 Support cigarettes. Makes civil penalty applicable to distributions or offers to sell occurring on or after July 3/17 Provides exception for bicycles for offense of unsafe passing on right. Modifies prohibited bicycle speed for purposes of offense of unsafe operation of bicycle on sidewalk. Provides exception for SB 0938 3 Support/Am offense of failure to use bicycle lane or path. 3/17 Creates crime of unlawful storage of firearm. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. Punishes second and subsequent convictions by maximum of five years' ~mprisonment, $125,000 fine, or both. Prohibits sale, delivery or transfer of firearm to person convicted of unlawful storage of firearm for five-year period after conviction. Requires gun dealers SB 0942 3 Support/Am to post notice concerning obligation to store firearms in safe manner. 3/17 Allows school district boards to prohibit persons with concealed handgun licenses from carrying firearms in certain public buildings. Expands definition of 'public building' for purposes of laws SB 0956 3 Support/Am relating to possession of weapons on public property. 3/17 Provides that cities, counties and other political subdivisions may regulate only possession of SB 0957 2 Oppose firearms and ammunition in public places. 3/17 SB 0960 3 Support Modifies requirements for obtaining concealed handgun license. 3/17 Includes certain brominated flame retardants in definition of' hazardous substance.' Prohibits introduction or delivery for introduction into commerce of products containing certain amount of brominated flame retardants. Directs Department of Human Services to issue biennial report SB 0962 3 Monitor regarding brominated flame retardants. 3/24 Establishes Oregon Governance Council. Provides that council establish and maintain effective avenues of communication between Governor, Legislative Assembly, cities and counties. Establishes Oregon Governance Council Account. Appropriates moneys from account to council to SB 0969 3 Monitor carry out duties, functions and powers of council. 3/09 2005 Legislative Session IGR Committee Bill Approval April 11,2005 Creates General Fund Operating Reserve Fund. Requires revenues received for biennium that exceed by one percent or more amounts estimated to be received for biennium to be placed into reserve fund. Returns amounts in excess of stated percentage of prior biennium appropriations when reserve fund exceeds threshold level. Takes effect only if Senate Joint Resolution 29 (2005) SB 0974 2 Support ~s approved by people at next regular general election. 3/24 Changes yearly cap for total amount attributable to all outstanding tax credits for all eligible loans. Applies to tax years beginning on or after January 1, 2005. Takes effect on 91st day following SB 0996 1 Support adjournment sine die. 3/31 SJM 0005 2 Oppose Urges Congress to update Endangered Species Act. 3/17 Proposes amendment to Oregon Constitution to allow local taxing district 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 S JR 0001 2 Monitor for their approval or rejection at next regular general election. 2/11 Proposes amendment to Oregon Constitution to require Legislative Assembly to pass bill funding )ublic 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 Proposes amendment to Oregon Constitution to require annual sessions of Legislative Assembly. Provides that session in odd-numbered year may not exceed 120 calendar days, and session in even-numbered year may not exceed 45 calendar days. Allows extensions by affirmative vote of two-thirds of members of each house. Refers proposed amendment to people for their approval or S JR 0009 3 Neutral rejection at special election held on same date as next primary election. 3/17 Proposes amendment to Oregon Constitution to eliminate double majority voting requirements in property tax elections. Limits elections at which local property tax measures may be submitted to general election in even-numbered year and special election in May of any year. Refers proposed amendment to people for their approval or rejection at special election held on same date as next S JR 0014 1 Support 3rimary election. 3/24 Proposes amendment to Oregon Constitution to require Legislative Assembly to appropriate sum of money sufficient to ensure that state's system of public education meets quality goals. Allows Legislative Assembly to appropriate sum of money not sufficient to meet quality goals if approved by two-thirds of each house, Refers proposed amendment to people for their approval or rejection S JR 0022 2 Support at special election held on same date as next primary election. 3/17 2005 Legislative Session IGR Committee Bill Approval April 11, 2005 Proposes amendment to Oregon Constitution to create Oregon Stabilization Fund. Specifies sources of fund and conditions under which moneys in fund may be spent. Refers proposed S JR 0023 1 Support amendment to people for their approval or rejection at next regular general election. 3~24 Proposes amendment to Oregon Constitution to permit local taxing districts to propose, and district voters to adopt, a rate limit on property taxes that is less than district's permanent rate limit. Refers proposed amendment to people for their approval or rejection at special election held on S JR 0025 3 Monitor same date as next primary election. 3/24 Proposes amendment to Oregon Constitution to establish reserve fund consisting of excess tax revenues collected. Requires two-thirds vote of members of each house of Legislative Assembly to appropriate moneys from reserve fund. Refers proposed amendment to people for their approval S JR 0029 1 Support or rejection at next regular general election. 3~24