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HomeMy WebLinkAboutItem 2C: IGR Committee Minutes CITY MANAGER'S RECOMMENDATION Actions on which the committee is not unanimous are brought before the full council for consideration. There were actions at the April 21, April 28, and May 5, 2005, meetings on which the committee was not unanimous. The City Manager recommends these bills be considered by the full council. SUGGESTED MOTION The council may ratify or decline to ratify the IGR Committee's actions as set forth in the minutes of the committee's meeting. ATTACHMENTS A. IGR Committee Minutes of April 21, 2005 B. IGR Committee Minutes of April 28, 2005 C. IGR Committee Minutes of May 5, 2005 D. Legislative Tracking System print out of the House and Senate Bills on which there was no unanimity. 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\M050523\S0505232C.doc ATTACHMENT A MINUTES Council Committee on Intergovernmental Relations McNutt Room--City Hall April 21, 2005 9 a.m. PRESENT: Gary Pap6, Chair; Bonny Bettman, Betty Taylor, members; Mary Walston, Jason Heuser, Lisa Klemp, Greg Rikhoff, City Manager's Office; Ellwood Cushman, Trent Spralding, Kristi Wilde, Eugene Police Department; Pam Berrian, Larry Hill, Sue Cutsogeorge, Patty Boyle, Central Services Department; Mike Magee, Fire and Emergency Medical Services; Eric Jones, Scott Duckett, Peggy Keppler, Tom Larson, Public Works Department; Mike Sullivan, Denny Braud, Keli Osborn, Kurt Yeiter, Richie Weinman, Planning and Devel- opment Department; Jerome Lidz, City Attorney's Office. 1. Call to Order/Review Agenda Mr. Pap6 called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. Mr. Pap6 added reconsideration of House Bill (HB) 2608 as the first agenda item. Ms. Bettman distributed a resolution regarding protection of the McKenzie Watershed. She asked that it be discussed at the next meeting. 2. House Bill 2608 Mr. Heuser reported that House Bill (HB) 2608 had a hearing in mid-March and there had been no activity around it since. He suspected it might be dead. Mr. Pap6 asked if the City would have time to act on it if it moved. Mr. Heuser said he believed so. If the bill was to be taken up, it would occur before May 1. The 48-hour rule would be in effect through that date. He would have time to get in touch with the committee if the bill began to move. Mr. Heuser assured the committee that he would e-mail members if the bill suddenly began to move to get a sense of their position on the bill, and the committee would take formal action at the next meeting. Mr. Pap6 asked the committee what it wanted to do. Ms. Bettman wanted to take a strong position of opposition to the bill. She said a neutral position was better than a support position. Ms. Taylor did not know why the City would oppose the bill given that it involved individuals who were in the country illegally. She did not think such individuals should be able to secure driver's licenses. Ms. Taylor, seconded by Mr. Pap6, moved to change the position of the bill to Neutral. MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 1 Ms. Taylor said she offered the motion because of people's passions about the bill and because she did not think anything would happen with the bill. The motion passed, 2:1; Ms. Bettman voting no. Ms. Bettman indicated her intent to pull the bill for further discussion when the council considered the committee's recommendations. 3. Approval of Minutes Ms. Bettman, seconded by Ms. Taylor, moved to approve the minutes of April 7, 2005. The motion passed unanimously. 4. Grant Proposal Review Mr. Solin was present to follow up on his February request for council support for a Homeland Security grant. He said he had received notice the previous day that the grant had been awarded in the amount of $183,000. The expenditures proposed were outlined in a memorandum provided to the committee entitled State Homeland Security Grants'. Mr. Solin reviewed the list of expenditures, which were primarily for equipment. Ms. Bettman, seconded by Ms. Taylor, moved to approve the grant proposal. Ms. Bettman determined from Mr. Solin there was no local match required for the grant. If the money was not granted, the City would not be able to make the proposed expenditures. The motion passed unanimously. 5. Review Pending Legislation Priority 1 Bills' HB 3401 Responding to a question from Mr. Pap6 about what would be allowed under the bill, which would authorize the retention of a replaced dwelling on land zoned for forest or farm use, Mr. Yeiter indicated he believed what would be allowed was limited. If the bill passed, the original dwelling need not be demolished or removed if intended for a caretaker, or if the original dwelling was occupied by a relative of the farm operator. Mr. Pap6 asked that the bill be deferred. If the circumstances were truly limited, he might make a motion to change the recommendation. Ms. Bettman asked if the bill was likely to move. Mr. Heuser said it was hard to say. The bill, like all such bills, was getting a hearing, and it was likely a high-level agreement would be negotiated between the parties for a package of bills. He said it was difficult to predict the outcome. MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 2 Ms. Bettman asked who substantiated the circumstances. Mr. Yeiter was unsure how well the bill would be enforced. Ms. Bettman perceived the bill as a circumvention of existing laws. Mr. Papd moved to change the status of the bill from Oppose to Support and to change the priority to Priority 2. The motion died for lack of a second. Mr. Papd suggested the lack of support for such bills was what led to the passage of Ballot Measure 37. The committee discussed how to proceed with Ballot Measure 37-related bills. Ms. Bettman indicated a desire to discuss those bills and vote on them, particularly those that were congruent with the City's ordinance implementing Ballot Measure 37. Mr. Papd thought the committee agreed to take a more comprehensive approach and did not want to lobby the bills in a piecemeal fashion. Mr. Heuser believed the CCIGR needed to take a position on each bill. He pointed out that hearings were occurring in a piecemeal fashion, and at some point elements from many bills would be incorporated into a final legislative package. Priority 2 Bills' HB 2176A Mr. Papd questioned the staff recommendation to monitor the bill, which would establish a brownfield cleanup fund. Mr. Sullivan said the committee could chose to support the bill, although there was no clarity about the source of funding. He suggested the money was likely to come to cities in the form of loans rather than grants. Mr. Papd, seconded by Ms. Bettman, moved to change the status of the bill to Priority 2, Support. The motion passed unanimously. Mr. Heuser indicated the bill was moving quickly and was likely to pass. HB 2710 Responding to a question from Ms. Bettman, Mr. Svendsen said the bill would require contractors and subcontractors on public works projects to pay the prevailing wage rates or federal prevailing wage rates, which ever was higher. The staff recommended position of Oppose was because it was both a cost issue and an administrative issue. Responding to a question from Ms. Bettman about the sponsor and status of the bill, Mr. Heuser indicated it was sponsored by Representative Paul Holvey and it was scheduled for a hearing before the House Business Committee on April 25. He suspected it was a courtesy hearing and the bill would make no progress. Ms. Bettman moved to change the status of the bill to Support. Mr. Heuser noted that the League of Cities was unanimously opposed to the bill. Ms. Bettman said she had faith in the judgment of Representative Holvey and appreciated that the bill called for the payment of the highest prevailing wage. She thought that was the wage that should be paid. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 3 Ms. Taylor asked if the people who would be compensated were underpaid. Mr. Svendsen said that sometimes the State prevailing wage was higher and in some cases the federal prevailing wage was higher. He noted that the issue had come up in the construction of the federal courthouse. Ms. Taylor seconded the motion. Mr. Papd expressed support for the staff position. The motion passed, 2:1; Mr. Papd voting no. HB 2961 Ms. Bettman determined from Mr. Cushman that the bill moved the State Forensics Laboratories from the Oregon State Police to the Department of Justice and represented an administrative shift in who the lab reported to. It was not a Homeland Security issue. Ms. Bettman indicated acceptance of the staff recommendation. HB 2996 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill (related to ex- emptions from the prevailing wage) to Oppose. The motion passed, 2:1; Mr. Papd voting no. HB 3083 Responding to a request for clarification from Mr. Papd, Mr. Cushman indicated the bill was mostly related to fire operations. It specified that a person working for a news organization does not commit an offense by refusing to assist in fire fighting operations. The Fire and Emergency Medical Services Department had expressed safety concerns about reporters being exempt from restrictions created during a fire. The bill would apply to cities as well as anywhere else in the state. Mr. Papd indicated acceptance of the staff recommendation. HB 3143 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill (related to en- terprise zones) to Oppose. Mr. Papd indicated opposition to the motion. He pointed out the bill would increase the number of enterprise zones. Mr. Braud indicated staff supported the element of the bill that removed the cap on enterprise zones. He said staff did not support zones with unlimited life spans. Mr. Heuser indicated there was support for the bill in the House, although it was possible amendments could be offered. MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 4 Ms. Bettman pointed out there were conflicting legislative policies in regard to the bill. She said that elimination of the provision to target hardship areas would not only serve to further decrease State revenues, it would also subsidize development in areas experiencing private investment. She did not think the bill was well-targeted or in the City's best interest. Mr. Heuser suggested the committee take a neutral position given the fact the Lane County Local Govern- ment Boundary Commission was under attack; he needed the votes of those working on the bill to protect the boundary commission. Ms. Bettman questioned how many bills the City would capitulate on to save the boundary commission, and if it could actually be saved. Mr. Heuser did not know. He said it would be difficult to save the commis- sion, and he was not sure how much value the City's lobbying would have in this instance. He said the City could only fight so many battles, and he was unsure the City would prevail on the bill because of the support the bill enjoyed. Ms. Bettman indicated willingness to take a position of neutral with amendments to limit the increase in the cap and maintain the requirement for hardship areas. The motion failed, 2:1; Ms. Taylor voting yes. Ms. Bettman, seconded by Mr. Pap~, moved to change the status of the bill to Neutral with amendments to retain the provision targeting hardship areas and establishing a cap of no more than 59 zones. The motion passed, 2:1; Ms. Taylor voting no. HB 3244 Ms. Bettman believed the City should support anything that mitigated the damage done by the passage of Ballot Measure 37. Mr. Yeiter said HB 3244 would extinguish a Ballot Measure 37 waiver after development occurred and the development would then become a legally constructed, nonconforming use that could be transferred. Ms. Bettman suggested the bill would stymie the industry that was encouraging landlords to apply for the waiver and sell their property to a developer. Mr. Heuser indicated the bill was sponsored by Representative Robert Ackerman, who was generally sensitive to the concerns of local government, and suggested the CCIGR take a neutral position so he could find out what Representative Ackerman was attempting to accomplish. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Monitor. The motion passed unanimously. HB 3245 Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. Mr. Pap~ was opposed to the motion because he felt the bill, which would prohibit the transfer of a claimant's Ballot Measure 37 claim to anyone other than a family member, would relieve hardships. The motion passed 2:1; Mr. Pap~ voting no. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 5 HB 3246, HB 3247 Mr. Yeiter indicated the two bills, related to a claim for compensation for land use regulation, were very similar. Ms. Bettman believed the bills helped the City. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed unanimously. HB 3248 Ms. Bettman noted that the bill called for a public hearing in association with every Ballot Measure 37 claims. She said it seemed to be unwieldy to have a public hearing in every instance, but they might be useful in some cases. In large cases it could bring forth information not provided by an applicant. Mr. Yeiter indicated staff's concern was related to the unwieldy and mandated nature of the process, which would require it in all cases was a lot of work. Ms. Bettman suggested a position of neutral with amendments not to require hearings in all cases. Mr. Pap6 suggested other Oregon communities should be allowed to do pass ordinances as they please. He perceived it as a home rule issue. Ms. Taylor asked who would determine if an application should have such a hearing. Mr. Pap6 questioned why the City would want to tell other jurisdictions how to hold hearings. Ms. Bettman said the State was making a determination that would eventually affect all jurisdictions including Eugene. Whatever the State developed would ultimately affect Eugene, and while the City would not want to hold a hearing in every case, she did not want it to be preempted from holding a hearing. Mr. Heuser advised that the committee err on the side of local control. Responding to a question from Mr. Pap6, Mr. Lidz did not think the State would prohibit local governments from holding hearings. Ms. Bettman asked the status of the City's ordinance. Mr. Lidz said the City's ordinance states a public hearing was not needed in every case. Ms. Bettman indicated acceptance of Mr. Heuser's recommendation. HB 3249 Responding to a question from Ms. Bettman, Mr. Yeiter indicated this bill was similar to the previous bill, although it discussed having the public record available for the courts. Ms. Bettman indicated acceptance of the staff recommendation. HB 3254 Responding to a question from Mr. Pap~, Mr. Heuser indicated the bill, which would impose a tax on the purchase price of luxury items, was unlikely to make progress as it was a House bill without a Republican MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 6 co-sponsor. Ms. Boyle noted the bill included second homes, including farms. Mr. Pap6 asked that the bill come back to the committee if it began to move. HB 3272 The committee considered HB 3272, carried over from a previous meeting. Mr. Pap6 indicated support for the staff recommendation to support the bill, which would support the City's decision to use the Quality- Based Selection (QBS) process for architects, engineers, and surveyors. He asked if the bill created an option for the use of QBS or mandated the approach. Mr. Jones said that local governments' reaction to the bill was to see it as a pre-emption; he did not think it was much of one given that public contracting was so heavily regulated in the State already. The City would have to follow the provisions of the law, which would require it to consider both the qualifications and price of a contractor. He said that QBS was the alternative to buying the cheapest possible services, which were not always the best possible services. HB 3283 Ms. Taylor moved to change the status of the bill to Support. Mr. Yeiter indicated the bill would require a metropolitan service district or the State legislature to send a notice to local government when adopting a new law that restricted a property's use. The local government must then notify every property owner who might be affected by the change in law. He perceived the bill as an administrative burden. Ms. Bettman asked why the State would compel local jurisdictions to provide notice for passage of a State law when the State had changed the regulations. She indicated support for the staff recommendation. Ms. Taylor withdrew her motion. HB 3314 Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 1. Mr. Heuser noted widespread opposition to the bill, which would allow the governor to waive land use goals without limit, notice, or public involvement. He did not think it would make further progress, but he had no objection to a change in the priority. He added that the bill was not Governor Ted Kulongoski's idea. The motion passed unanimously. HB 3317 Mr. Pap6 asked the reason for the staff recommendation to oppose the bill. Mr. Lidz said the bill raised the stakes in what was otherwise an intergovernmental dispute, and increased the adversity between the State and local government by requiring the prevailing party in a legal dispute to pay legal fees. He called the bill a solution in search of a problem, although acknowledged something must have triggered the bill. He believed the bill would hinder the resolution of disputes. Mr. Pap6 moved to change the status of the bill to Priority 2, Neutral. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 7 The motion died for lack of a second. Responding to a question from Ms. Taylor, Mr. Pap6 said he thought it was logical for the prevailing party in a lawsuit to be reimbursed for their legal fees. Ms. Bettman and Ms. Taylor indicated satisfaction with the staff recommendation. HB 3328 Mr. Pap6 indicated interest in changing the status of the bill, related to energy efficiency in State-owned or funded buildings, to Support with amendments. Ms. Bettman agreed with Mr. Pap& She thought the bill as written was flawed in regard to the added burden of apprenticeship program, but otherwise the bill was good. Mr. Pap6, seconded by Ms. Bettman, moved to Support the bill with amendments related to the apprenticeship program. The motion passed unanimously. HB 3349 Responding to a question from Mr. Pap6, Mr. Yeiter said the bill seemed to recognize Ballot Measure 37 claims in the definition of an exclusive farm use. Mr. Heuser noted that the bill was sponsored by the Oregon Farm Bureau, and recommended the bill be held over pending further discussion with the bureau. Mr. Pap6 moved to change the status of the bill to Monitor. The motion died for lack of a second. The committee agreed to hold the bill over to the next meeting. Ms. Taylor suggested that the staff not automatically take an oppose position to the Ballot Measure 37- related bills at this point in time. Mr. Heuser agreed. HB 3353 Mr. Pap6 requested information on the status of the bill, which would prohibit local governments from imposing fees or taxes upon telecommunications providers without State concurrence. Mr. Heuser indicated a hearing had been held on the bill and Mayor Kitty Piercy had attended and offered testimony. He believed the City made its case at the hearing. The committee majority did not appear to be interested in moving the bill forward. He said the City needed to follow the work of the Senate Revenue Committee. Mr. Pap6 asked about attempts to bring the parties together. Mr. Heuser said that had not gone well, and industry essentially walked away from the table and the promises they made to local governments about efforts to reach compromise. The bill was essentially an attempt on the part of the industry to go back to ;;square one." Mr. Pap6, seconded by Ms. Taylor, moved to change the status of the bill to Priority 1 Op- pose. The motion passed unanimously. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 8 HB 3369 Ms. Bettman asked if there was anything that pre-empted Eugene from enacting an ordinance that accomplished what was called for in the bill, which would require a percentage of the total cost of all urban renewal projects in an urban renewal plan to be dedicated to affordable housing. Mr. Weinman said no. Ms. Bettman asked if there had been any discussion of a low-income housing development in an urban renewal district. Mr. Weinman said yes, adding that the Eugene Redevelopment Advisory Committee had discussed how to encourage housing using urban renewal funds. Ms. Bettman thought it was a good idea. Ms. Cutsogeorge noted the committee changed the City's position to neutral on a very similar bill, Senate Bill (SB) 0425. Ms. Bettman did not object to the staff recommendation given that it represented a mandate. HB 3389 Responding to a question from Mr. Papd, Mr. Heuser said the bill, which would prohibit local governments and special districts from entering into cooperative agreements providing library services from excluding other entities providing library services, was sponsored by representatives Barnhart and Holvey. He indicated the bill would be amended because it was submitted against the filing deadline and the existing text was a placeholder. Staff would return to the committee with the revised text. Mr. Heuser provided an update on the issue of special district formation. He said the House General Government Committee was considering HB 3265, which would abolish the boundary commission. He had testified against the bill and had been able to get representatives Farr, Beyer, and Holvey to testify against it as well. That had made a difference. He believed that if it had not heard the testimony, the committee would have moved out that day with a "do pass" recommendation. The bill was currently in limbo. He said that HB 3389 had been referred to the same committee. Continuing, Mr. Heuser said that HB 3301, which would allow overlapping service districts, was revised by eliminating the cities' veto authority. Instead of being sent to the floor, the bill was sent to the General Government Committee. He advised the committee to be careful about its approach to HB 3389, and be proactive about the bill and what was acceptable to Eugene while allowing the local delegation to accom- plish the goal of establishing a library district for rural Lane County. He advised a position of Neutral with amendments. Mr. McGee noted that the Lane Library League was unsure of its position on the bill. Ms. Taylor said that representatives Barnhart and Holvey indicated to members of the committee on City Hall Day that the bill was very important to them and would be rewritten. Ms. Bettman said the bill had not been rewritten and had not been amended. Mr. Papd said that the two representatives had agreed to carve out cities from the bill. The remaining issue was the urbanizable areas. Ms. Bettman said she was willing to take a neutral position as long as the bill was amended to apply to rural districts only. Mr. Heuser said that rewriting the bill would take some time. Mr. Heuser said he would express to representatives Barnhart and Holvey the City's concern about the mechanics of the bill but also the City's desire to work with them. Ms. Taylor, seconded by Mr. Papd, moved to change the status of the bill to Neutral with amendments that do not compel the City's involvement. The motion passed, 2:1; Ms. Bett- MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 9 man voting no. Mr. Heuser indicated he had to leave the meeting. He emphasized the danger the boundary commission was in, and encouraged the members of the CCIGR to contact the Lane County delegation about the importance of opposing the bill, HB 3265. He said the local delegation was willing to work with Eugene in retaining the commission in return for changes being made to the boundary commission and the Eugene-Springfield Metropolitan Area General Plan. Mr. Heuser thought he was able to rebut most arguments made against the boundary commission in testimony, but one area that was somewhat problematic was whether the commission was an obstacle to public sentiment. Certain things do not reach the voters that might have otherwise passed, such as district formations. That was an issue of concern for those who cared about representative government as the boundary commission was appointed by the governor rather than elected by the people. He noted that the same problem potentially existed in counties without boundary commis- sions, where such decisions were made by the county board of commissioners. Responding to a question from Ms. Bettman, Mr. Heuser said the Board of County Commissioners was officially neutral on the bill, but he could not say that individual commissioners had not contacted legislators. Mr. Pap~ noted the bill was supported by the Special Districts Association. Mr. Heuser said the boundary commission was a State entity and the legislature felt it had an interest in the subject. Mr. Heuser emphasized his belief that it was important to have a neutral setting for the issues the boundary commission heard, rather than having them decided at the County board level. Mr. Heuser noted that the mission statement of the boundary commission actually discouraged the formation of special districts. That was a concern for several members of the local delegation, who wanted to see some changes made in the mission statement. Mr. Pap~ asked how the mission statement could be modified. Mr. Heuser did not know, and said he would find out from boundary commission staff Paula Taylor. Ms. Bettman said cities were intended to be the provider of urban services. Mr. Heuser agreed, but said that some people pointed to the Tualatin Fire District as an example of a successful service district. Ms. Bettman said there had been agreement on the local level to take that approach to service delivery. Mr. Pap~ noted that there was initially opposition to the formation of the district on the part of cities such as Beaverton. Ms. Bettman expressed concern that Mr. Heuser would negotiate changes to the boundary commission law without consulting the committee. Mr. Heuser indicated his current focus was on postponing consideration of the bill. He had argued for a two-year period for local governments to review the workings of the commission. Mr. Heuser left the meeting. SB 0045A Ms. Bettman asked how the bill affected wastewater quality. Mr. Jones said the bill was the Department of Environmental Quality's top legislative priority other than its budget. It would affect water quality by increasing revenues needed for enforcement purposes. Ms. Bettman indicated acceptance of the staff recommendation. MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 10 SB 0261 Responding to a question from Mr. Pap~, Mr. Cushman said the departments' concern was that the bill would reduce the charge assessed to someone riding a bicycle while intoxicated to a violation, and the officer would not be able to arrest the offender; it would only be a citable offense. Mr. Papd, seconded by Ms. Taylor, moved to change the status of the bill to Support with the amendment that the offense be a Class C rather than a Class A felony. Mr. Cushman said the position meant that the City would support the bill if it moved forward without amendments. He suggested the City continue to oppose the bill with amendments. Mr. Pap6 withdrew his motion and Ms. Taylor withdrew her second. The committee agreed staff would seek amendments to the bill. SB 1000 Mr. Pap~, seconded by Ms. Bettman, moved to change the status of the bill to Priority 1 Ms. Klemp indicated a hearing was scheduled on the bill, which would eliminate discrimination against persons in certain areas of the law based on sexual orientation. That hearing would occur on May 4 at 5 p.m. in Salem. The motion passed unanimously. Priority 3 Bills' HB 2872 Responding to a question from Ms. Bettman regarding the bill, related to conformance with nationally recognized building standards, Ms. Osborn said there had been a move across the country to standardize building codes. The bill was an attempt to further streamline and standardize such codes in terms of consistency of application. She said there was no home rule issue involved. The City had no choice in regard to the Building Code it used. Ms. Bettman asked why the bill was needed if the City could not deviate from the standards. Responding to a question from Mr. Pap~, Ms. Osborn said the bill contained criteria that would enable the Building Codes Division to adopt variations to nationally recognized codes. Currently, the division adopted codes unique to Oregon, which made it difficult to get training and code books. Ms. Bettman said the bill appeared to be a way of moving toward the least common denominator standard- ized code that would not provide local flexibility. Ms. Bettman, seconded by Mr. Pap~, moved to change the status of the bill to Oppose. Ms. Osbom said that the City did not have any local flexibility in its building codes. It had no ability to be more or less restrictive than the State allowed. MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 11 Ms. Taylor said the bill had sounded like a good thing. Ms. Klemp noted the bill had yet to have a hearing. The motion passed, 2:1; Ms. Taylor voting no. HB 2882 Mr. Jones said there was an engrossed version of the bill, which had been amended in the House Water Committee. Those amendments did not change staff's comments. He said that HB 2882 was recommended to pass out of the committee as amended. Ms. Bettman said she was inclined to support the bill. Mr. Jones said the source of the bill was the Oregon Cattlemen's Association, which was not traditionally supportive of high water quality standards. The bill would create many new unquantifiable requirements into water quality standards. He suggested the bill was a ;;Trojan horse" intended to open up water quality standards to challenge. Mr. Jones noted that the council's legislative policy was to oppose changes to State water quality standards though the legislative process. HB 3016 Responding to a question from Ms. Bettman about the bill, which was related to building code fees, Ms. Osborn said currently there was no penalty for a local jurisdiction that does not provide notice to the director of the Building Codes Division of changes in their fees. However, the State had the opportunity to extend an appeal period. The bill cleaned up notification requirements so that notice went to the State. She clarified that the bill did not affect the City as it already had a notification process in place. HB 3017 Ms. Bettman asked about the dueling staff recommendations to monitor and support the bill, which would change the time the clock started for a six-month disqualification from bidding for a contractor who failed to pay for materials and labor. Ms. Keppler indicated no objection to changing the status of the bill to Support. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed unanimously. HB 3090 The committee considered HB 3090, carried over from a previous meeting. Ms. Walston reported that she consulted with County Clerk Annette Newingham about the bill, who had opposed the original version of the bill. Ms. Newingham now supported the new engrossed version of the bill, as did the League of Women Voters and Common Cause. Mr. Pap6, seconded by Ms. Bettman, moved to change the status of the bill to Support. The motion passed unanimously. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 12 HB 3137 Responding to a question from Ms. Bettman, Ms. Walston said she had interpreted the bill, which defined community groups for the purposes of land use statutes, as intending to allow community groups to have legal standing in land use issues. Her recommendation to oppose the bill was based on her concern about the need for local government to track what was a bona fide community organization. Mr. Pap6 expressed concern about taking a position to support the bill as he felt the City did a good job in defining what a neighborhood group was. Mr. Papd, seconded by Ms. Bettman, moved to change the status of the bill to Oppose. Ms. Klemp indicated the bill had a hearing and was sponsored by Representative Barnhart. Ms. Taylor thought the bill sounded good. Mr. Pap~ pointed out that it defined neighborhoods for the City. Ms. Bettman believed the bill would narrow the definition of community groups so some groups would not have standing in an appeal or suit. The motion passed, 2:1; Ms. Taylor voting no. HB 3149, HB 3229 Ms. Bettman wanted to raise the priority of the bill, which would create a sunset provision for all personal income, corporate excise, or income tax expenditures not required under Oregon law. Ms. Boyle clarified that the State would receive more revenue because the sunset would be removed. Ms. Klemp indicated the bill was in the Ways and Means Committee and had received no hearing. Ms. Boyle noted the bill was identical to HB 3229. Ms. Bettman, seconded by Ms. Taylor, moved to change the priority of liB 3149 and HB 3229 to Priority 2. The motion passed unanimously. HB 3158 Responding to a question from Ms. Taylor about why the bill proposed to reduce the time for certain causes of action related to real property from ten year to five years, Mr. Svendsen said it was a way for the construction industry to decrease its liability. It did not affect the City of Eugene. Ms. Taylor thought it had an effect on the people who used the services of the construction industry. Mr. Svendsen agreed that could be the case. Ms. Klemp noted a hearing and possible work session on the bill was scheduled for April 25. She said the bill was introduced by Representative Ackerman. Ms. Taylor indicated acceptance of the staff recommen- dation. HB 3250 MINUTES--Council Committee on Intergovernmental Relations April 21, 2005 Page 13 Mr. Yeiter indicated the bill would allow a county service district to undertake construction and operation of up to five types of service facilities without initiating new formation proceedings. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 2, Oppose. The motion passed unanimously. HB 3303 Ms. Bettman asked what types of contracts were addressed by the bill, which created new provisions for contracts between the State and local governments. Mr. Lidz said that the bill addressed contracts for the use of federal moneys dispersed or extended by a State agency. Generally, it applied to contracts between State agencies and local governments. Ms. Bettman asked what the bill was attempting to address. Mr. Lidz said the bill indicated a State agency would indemnify a local government in certain circumstances. He said it was difficult to know what motivated the bill, but it was more favorable for local governments than for the State. HJR 28 The committee considered House Joint Resolution (HJR) 28, held over from a previous meeting. Mr. Papd suggested the resolution, which was related to school funding, be raised in priority. Ms. Bettman pointed out the bill allowed the legislature to appropriate insufficient money. Ms. Boyle said the bill stipulated the State must provide money for quality education, but a majority of the legislature could avoid appropriating the amount needed. She had been more concerned about HJR 35, which had more support. That bill called for the State to provide a basic level of education; if a community wanted to spend more on education, the bill provided tools to establish funding sources for that purpose. Ms. Klemp indicated the resolution had yet to have a hearing, and was probably dead. Mr. Papd left the meeting, and Ms. Bettman assumed the chair. HB 3343 Ms. Taylor thought the bill, which would require ballots to include the designation ;;none of the above," was a good idea and she questioned why the City would oppose it. Ms. Walston said that the City Recorder's Office did not feel the bill enhanced public discourse and in addition it would require another election to be held if ;;none of the above" prevailed. Ms. Taylor moved to change the status of the bill to Neutral. The motion died for lack of a second. HB 3399 Responding to a question from Ms. Bettman about the priority assigned to the bill, which would authorize counties to impose and collect an impact fee for schools, Mr. McVey suggested the priority assigned to the bill was a judgment call. MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 14 Ms. Bettman, seconded by Ms. Taylor, moved to change the priority of the bill to Priority 2. The motion passed unanimously. SB 0853 Ms. Bettman suggested the bill, related to University tax incentives, be assigned a neutral position as it was more related to the operations of the University of Oregon. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral. The motion passed unanimously, 2:0. SB 0955 Responding to a question from Ms. Bettman about what currently existed to protect condominium owners from defects in new construction, Ms. Osbom was unsure that the City had anything in place now. She said the bill was an attempt to find a middle ground that would protect owners as well as contractors. She noted that Richie Weinman of the Planning and Development Department had indicated mild support for the bill. He said the local condominium operators that he consulted were also mildly supportive of the bill. The committee considered two bills for which additional information had been provided to the committee. HB 2997 Ms. Bettman believed the bill, which provided an exemption from competitive bidding and prevailing wage requirements on public improvements constructed or donated by community groups, might give the City more flexibility but it relaxed the existing rules, which she supported. Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Oppose. The motion passed unanimously. HB 2068A Ms. Bettman questioned why the City should be working to help airplane owners avoid civil penalties for late registration and renewal of aircraft. Ms. Bettman, seconded by Ms. Taylor, moved to drop HB 2068A from further considera- tion. The motion passed unanimously. Ms. Taylor, seconded by Ms. Bettman, moved to adopt the committee's recommendations and forward them to the City Council. The motion passed unanimously. The meeting adjourned at 11:15 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations April 21, 2005 Page 15 ATTACHMENT B MINUTES Council Committee on Intergovernmental Relations McNutt Room--City Hall April 28, 2005 9 a.m. PRESENT~ Gary Pap6, Chair; Bonny Bettman, Betty Taylor, members; Mary Walston, Jason Heuser, Lisa Klemp, Mary Feldman, City Manager's Office; Ellwood Cushman, Kristi Wilde, Eugene Police Department; Para Berrian, Patty Boyle, Central Services Department; Kurt Yeiter, Stuart Ramsing, Planning and Development Department; Jerome Lidz, City Attor- ney's Office. 1. Call to Order/Review Agenda Mr. Pap6 called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. Mr. Pap6 asked if the committee could go to bi-weekly meetings. Mr. Heuser suggested the committee meet the following week; after that, he believed meetings could occur bi-weekly. He did not think the committee would be considering any new bills by that time. The committee agreed to meet on May 5 and May 12. 2. Approval of Minutes Ms. Taylor, seconded by Ms. Bettman, moved to approve the minutes of April 14, 2005. The motion passed unanimously. 3. Citizen's Resolution Ms. Bettman indicated she had pulled the item so the resolution could be further edited. She invited Mr. Pap6 to share any edits he had with staff at the Oregon Natural Resources Council. The committee agreed to consider the resolution at the next meeting. 4. Review Pending Legislation Priority ! Bills' SB 1030 Mr. Pap6 determined from Ms. Berrian that no talking points had yet been developed for Senate Bill (SB) MINUTES--Council Committee on Intergovernmental Relations April 28, 2005 Page 1 1030, which would replace all seven percent right-of-way fees with a five percent tax. Ms. Berrian indicated the City would lose millions in revenue if the bill passed. Mr. Heuser said that HB 3353 had been the bill that was actually making progress. Ms. Berrian said the bill was introduced at the behest of Qwest and it was an attack on the Eugene telecommunications model and attempted to preclude other cities from taking the same approach as Eugene. She noted that wireless providers were very opposed to SB 1030 because they do not want any taxation. Mr. Papd asked if the committee's assistance was needed. Mr. Heuser said yes. He was unsure of the fate of the bill, which he had thought would receive a hearing. However, the Senate committees had closed and could hold no more hearings without the permission of the Senate leader. He would inform the committee if the bill progressed. Mr. Papd said he would not worry about putting together talking points unless staff thought the bill was going to move. Mr. Heuser indicated staff was likely to do so in case the bill moved, although they may not be needed. Mr. Papd suggested they be prepared before May 19, when Ms. Taylor and Ms. Bettman would no longer be available. Priority 2 Bills' HB 3447 Responding to a question from Ms. Bettman, Mr. Heuser indicated that House Bill (HB) 3447, which was related to taxation of vehicles weighing more than 26,000 pounds, was probably dead as it had been referred to a committee whose chair was determined to kill it. Ms. Bettman indicated support of the staff recommendation, but if the bill began to make progress she would like to support it if it actually raised revenues. Ms. Boyle indicated the bill was written in a way that made it revenue-neutral. HB 043 lA Responding to a question from Ms. Bettman, Mr. Lidz said the bill would delineate what was within the jurisdiction of the Land Use Board of Appeals and what was in the jurisdiction of the Land Conservation and Development Commission. The changes being offered were minimal. He said the bill would help Eugene if it took effect before its Goal 5 periodic review was completed because the City would not have to spend money to fight for the appropriate review body. Ms. Bettman indicated acceptance of the staff recommendation. Priority 3 Bills HB 2816 Mr. Pap~ asked if the bill raised the requirements for placing an initiative on the ballot. Ms. Feldman said the bill added a layer before the ballot title was prepared. Signatures and an affidavit must be filed, although those signatures would count toward the ultimate total. She said the bill would not affect the City and she recommended monitoring it. Mr. Pap~ indicated acceptance of the staff recommendation. HB 3010 Responding to a question from Ms. Bettman about the bill, which would prohibit the disclosure of public records relating to criminal investigation, prosecution, or confinement, Mr. Cushman said he believed that MINUTES--Council Committee on INtergovernmental Relations April 28, 2005 Page 2 the information could be released to an auditor or civilian review board if structured to be part of the City organization. He indicated that personal identifiers such as address, date of birth, and Social Security Number etc. would be eliminated, but the name would be available. Ms. Bettman suggested the bill be amended to exclude civilian review boards. Mr. Cushman said it could, but even if it included that amendment, he believed the City could opt to provide that information to an auditor as nothing in the bill precluded that. Mr. Lidz indicated the answer depended on the structure of the civilian review board. Responding to a question from Mr. Pap6, Mr. Lidz said that generally, the Public Records Law allows the government to withhold something, rather than prohibiting the release. Ms. Bettman requested more information about the bill and suggested Mr. Cushman consult the chair of the Police Commission, Tim Laue. She said that Seattle staff had indicated to her that many redactions in a police report were expensive to make and difficult for them to track. Ms. Taylor questioned why a review board would need more than a person's name. Ms. Bettman suggested that a person reviewing the file might find it useful information to know where a person lived if that was relevant to a case. Mr. Cushman agreed. The committee agreed to hold the bill over pending further information. HB 3392 Ms. Taylor, seconded by Ms. Bettman, moved to change the priority of the bill to Priority 2. The motion passed unanimously. HB 3443 Mr. Pap6 asked why staff recommended opposition to the bill, which would create a statewide 2-1-1 telephone number for access to Health and Human Services. Ms. Wilde said the reason was funding. Such a system was very expensive to establish, and the bill did not discuss funding beyond a mention of initial grant funding. She believed the bill could potentially affect the 9-1-1 Fund and no staff was proposed for addition, so the same staff would be responsible at the State for managing the system. The time needed to establish a system and maintain it was significant. She said the idea was a very good one. Mr. Pap6 thought it might help Eugene with some of its homeless issues. He asked if the information that would be available through a 2-1-1 number was already available in one place. Ms. Wilde said that what was proposed was already being done locally with a seven-digit number. Mr. Pap6 had no objection to the status assigned the bill. HJR 0039 Ms. Bettman said she thought the City was required to redistrict after each census. Ms. Feldman said the bill created a new commission to oversee districting rather than a new requirement for redistricting. Staff had recommended a neutral position. Mr. Heuser did not think the bill would make further progress. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Oppose. The motion passed unanimously. MINUTES--Council Committee on INtergovernmental Relations April 28, 2005 Page 3 SB 0161 Ms. Bettman asked if elections could be postponed now in the case of an emergency. Mr. Lidz said no. Ms. Bettman asked if the governor could postpone elections using his emergency powers. Mr. Lidz did not think so. Ms. Bettman pointed out that the state held mail-in elections and it would require an extraordinary situation to postpone an election. In addition, she believed the governor had the power already. Ms. Bettman moved to change the status of the bill to Oppose. The motion died for lack of a second. Ms. Walston indicated staff recommended a position of support because it did not think it a bad idea to clarify the situations under which an election could be held. Ms. Taylor supported the bill because people generally waited until the last minute to cast their votes. Responding to a question from Ms. Bettman, Mr. Heuser indicated the bill had a hearing in January and no further progress had been made. He noted that the bill had been offered by the Secretary of State. Mr. Pap6 said "if it ain't broke, don't fix it." Ms. Bettman thought there were too many opportunities for an emergency to be declared, including a potential emergency. Ms. Bettman, seconded by Mr. Pap6, moved to change the status of the bill to Neutral. The motion passed unanimously. SB 0164 Responding to a question from Mr. Pap6, Ms. Feldman said the bill would require those who were being paid to register and go through a training program. Mr. Pap6 asked if a "paid signature gatherer" was defined. Ms. Feldman did not think so. Mr. Pap6 thought the bill had the potential to put a damper on signature gathering. He suggested that it could have an unintentional effect if it precluded someone who worked for an agency such as United Way from signature gathering. Mr. Pap6 moved to change the status of the bill to Priority 3, Neutral. The motion died for lack of a second. Ms. Bettman said if the bill only applied to paid signature gatherers, she did not object to the staff recommendation. Mr. Pap6 asked if the bill could be held over for additional information about whether the bill defined paid signature gatherers and who was affected. There was no objection. SB 0421A Ms. Taylor asked if staff believed the bill, which would require the director of the Department of Consumer and Business Services to establish building code administrative regions for all areas of the state, was MINUTES--Council Committee on Intergovernmental Relations April 28, 2005 Page 4 necessary. Mr. Ramsing said not necessarily, but there was some regionalization occurring in an attempt for consistency. The bill would formalize that. He noted that the bill was sponsored by the construction industry, and an element staff had opposed related to administration was deleted from the bill. Mr. Ramsing said an additional surcharge of one percent would be added to permits to pay for the bill. It would provide staffing throughout Oregon to support local interpretations and applications. Ms. Bettman pointed out Eugene already administered the State code. Mr. Ramsing agreed, but said the bill would force some staffing into the regions to answer questions and staff thought the bill had the potential to create better service by ensuring that contractors working with multiple jurisdictions received the same answers to their questions. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral. The motion passed, 2:1; Mr. Pap6 voting no. SB 587 Ms. Taylor, seconded by Mr. Pap6, moved to change the status of the bill to Priority 2. Responding to a question from Mr. Pap6, Mr. Heuser said the bill, which was related to campaign contributions, had received two hearings and enjoyed bipartisan support The motion passed unanimously. SB 0898 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Neutral. The motion passed unanimously. SB 1032 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Priority 2. The motion passed unanimously. SB 1037 The committee held the bill over pending a more comprehensive discussion of Ballot Measure 37. 5. Salem Report Mr. Heuser indicated that there was a ~gut and stuff" attempt to amend HB 3312 to change the existing law and allow property owners to opt out of historic listings and local land standards based on historic preservation for a local and State listing. The bill was offered at the behest of residents of the South University neighborhood, who opposed the formation of such a district in their neighborhood. The bill was considered on April 25, and at the request of the committee chair, he had offered a summary of the facts in question. He had indicated the City had no position on the bill at this time but he had also indicated it could affect the City's ability to do historic preservation. Mr. Heuser said the chair of the committee had halted the proceedings when he realized what was occurring, and scheduled the bill for a full public hearing on MINUTES--Council Committee on Intergovernmental Relations April 28, 2005 Page 5 May 4. Responding to a question from Mr. Pap6, Mr. Yeiter clarified the details of how such historic districts currently operated. Mr. Heuser said all cities around the state would be affected, and Eugene's case would be the focal of the argument. He thought Eugene should oppose the bill. Ms. Bettman said the bill made it impossible to truly create a historic district because if people opt out the districts lose their integrity. Ms. Taylor noted the considerable amount of work residents of the neighbor- hood had gone through to form the district. Mr. Heuser recommended the committee take a position of Priority 3, Oppose, on the legislation in question. Ms. Bettman, seconded by Ms. Taylor, moved to take a position of Priority 3, Oppose, to HB 3312. The motion passed, 2:1; Mr. Pap6 voting no. Ms. Bettman left the meeting. Ms. Taylor, seconded by Mr. Pap6, moved to forward the committee's recommendations to the council for adoption. The motion passed unanimously. Mr. Heuser said the opponents of the Lane County Local Government Boundary Commission were meeting with the committee chair that morning to put forward their case. He said that all eight Lane County legislators had signed a letter in support of the boundary commission, which he provided to the committee chair. The meeting adjourned at 10:14 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on INtergovernmental Relations April 28, 2005 Page 6 ATTACHMENT C MINUTES Council Committee on Intergovernmental Relations McNutt Room--City Hall May 5, 2005 9 a.m. PRESENT: Gary Papd, Chair; Bonny Bettman, Betty Taylor, members; Mary Walston, Jason Heuser, Lisa Klemp, Mary Feldman, City Manager's Office; Ellwood Cushman, Eugene Police De- partment; Kurt Yeiter, Planning and Development Department; Eric Jones, Scott Duckett, Public Works Department; Glenn Klein, City Attorney's Office. 1. Call to Order/Review Agenda Pending the arrival of Mr. Papd to the meeting, Ms. Bettman called the meeting of the Council Committee on Intergovernmental Relations (CCIGR) to order. There were no additions to the agenda. 2. Approval of Minutes Ms. Taylor, seconded by Ms. Bettman, moved to approve the minutes of April 21, 2005. Ms. Bettman noted a correction to page 1 of the minutes, pointing out that the second to the motion made by Ms. Taylor was incorrectly attributed to her and should instead be attributed to Mr. Papd. The motion passed unanimously, 2:0, as Mr. Papd had not yet arrived at the meeting. 3. Citizen's Resolution Ms. Taylor, seconded by Ms. Bettman, moved to forward the resolution to the council for action on May 23, 2005. Mr. Papd arrived at the meeting. The motion passed unanimously, 3:0. Mr. Papd assumed the chair. 4. Grant Proposal Review Ms. Bettman moved to approve the applications for grants 1 and 2 only. MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 1 Mr. Yeiter reviewed three proposed transportation growth management (TGM) grant applications, noting that TGM grants had been the City's main source of funding for nodal-related planning. Currently there was one FTE working on all nodal planning issues. The first grant would be used for the second phase of the ongoing planning for the Walnut Street transit station area. Mr. Yeiter believed it was a timely grant because of the University's planning for a new arena, the construction of the Bus Rapid Transit route along Franklin Boulevard, and the potential of new off ramp from 1-5 to Franklin Boulevard. Staff would work with commercial property owners in the area to determine how the area could best evolve and create a master plan. Mr. Yeiter said the second grant would be used for planning in the Rasor Park mixed-use center. He recalled that the neighborhood had specifically requested the Nodal Development \ND overlay zone. The funding would be used to determine if new streets or infrastructure were needed, and help establish the appropriate boundaries for the mixed-use area. The neighbors had questioned the existing boundaries and questioned whether there was more potential for a mixed-use center further north on River Road in an area not currently designated for that purpose. Ms. Bettman said one of the neighborhood's concerns was about the need for connecting the east and west sides of River Road, and asked if that concern would be addressed. Mr. Yeiter said yes. Public Works Department had some pedestrian crosses planned along River Road, although not in this area. Planning staff would work with the Public Works staff to determine the location of the pedestrian crossings. Ms. Bettman expressed concern about what she termed ~definition creep" from the term ~nodal" to the term ~mixed-use." She said that currently, River Road contained pockets of commercial uses but the residential uses had been preserved. If the City proposed to transition a large area of River Road to commercial use, the result would be strip development all along River Road. Mr. Yeiter did not envision that result. Mr. Pap~ pointed out the result of the grant would be a plan the council could review and adopt. Mr. Yeiter said the study was intended to address neighborhood concerns about where mixed-use development was most appropriate, how large it should be, and what types of uses were desirable. In regard the terms ~mixed-use" and ~node," Mr. Yeiter said that from a staff perspective, the two terms were interchangeable. He said that ~mixed-use" was evolving to become what was most appropriate for each neighborhood. He believed people got a more accurate picture of what the City was aiming for from the term ~mixed-use." Mr. Yeiter said the third grant would be used to hire outside consultants to do a Land Use Code audit to identify obstacles to mixed-use development. The consultant would be asked to review the code and flag elements of the code that were working counter to nodal development. Ms. Taylor noted her increasing skepticism about nodal development as it did not appear to be working. She thought such an audit was needed and asked Ms. Bettman the reason for her opposition. Ms. Bettman responded that mixed-use centers and nodes were different things. The City had mixed-use zoning west of downtown, which meant that residences, offices, and commercial uses existed side-by-side. She said that the nodal concept was completely different. The council had %ought off" on the nodal concept as a policy approach but had not discussed and compared the mixed use and nodal concepts and made a policy decision to adopt mixed use. Ms. Bettman was alarmed to see the extent to which ~mixed use" was being substituted for ~nodal" without council discussion. She thought the audit was premature and believed the outcome MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 2 would be the deletion of regulations that protected neighborhoods against incompatible development. She said the audit "deregulates land use and zoning in neighborhoods." Mr. Pap6 pointed out the council was the only body that could repeal regulations. Ms. Bettman agreed, but said the consultant would spend a great deal of time and money reviewing the code and staff would return to the council with 50 recommendations the council would have only five minutes to discuss. She reiterated the audit was premature, and until the council had discussed the differences between the mixed-use and nodal concepts, she was unwilling to proceed. She saw the audit as a "huge" threat to neighborhoods. Ms. Taylor seconded the motion. The motion passed unanimously. Mr. Yeiter noted that the grant applications must be submitted to the State by May 23, 2005. Ms. Bettman quoted from the packet the council received for its joint tour with the Planning Commission of the existing nodes, which referred to the staff intent to seek the grant as a means to eliminate inadvertent regulatory obstacles to infill, redevelopment, and mixed-use development in general. She reminded Ms. Taylor of her concern that her neighborhood could experience more unregulated infill development. Responding to a question from Mr. Pap6, Mr. Yeiter did not anticipate a carte blanche removal of all regulations. Ms. Taylor, seconded by Mr. Pap~, moved to defer consideration of the third grant applica- tion until the next meeting. The motion passed, 2:1; Ms. Bettman voting no. 5. Review Pending Legislation Priority 1 Bills SB 0996A Mr. Pap6 indicated support for Senate Bill (SB) 0996A, which would increase the cap on the low-income housing tax credit, and asked about the amount involved. Ms. Klemp said the bill included an $11 million yearly cap. She noted that Richie Weinman of the Planning and Development Department had indicated if the bill was not approved, the program would not be available unless the cap was raised. The bill had popular support in both the House of Representatives and the Senate. Mr. Pap6 had no objection to the staff recommendation. Priority 2 Bills Mr. Pap6 asked the status of Ballot Measure 37-related measures. Mr. Heuser said there had been little change. The House Land Use Committee continued to work on the issue; the chair had indicated the previous day that if a bill had not had a public hearing by May 6, it would be dropped. Mr. Klein anticipated a comprehensive draft would come out of a Senate committee the next day and a hearing would be held in the Senate on May 10. He anticipated the bill would move forward out of committee and eventually reach the Senate floor. MINUTES--Council Committee on INtergovernmental Relations May 5, 2005 Page 3 Mr. Papd asked if the comprehensive draft would displace other bills. Mr. Heuser was not sure. He said the Senate could negotiate with the House before forwarding the bill, or move the bill to the House and then negotiate. It would come down to negotiations between the Senate and House leadership. Mr. Heuser indicated the CCIGR would consider the comprehensive draft the following week. Ms. Bettman asked if any of the Ballot Measure 37-related bills would make progress in the coming week. Mr. Heuser did not think so. HB 3120 Ms. Taylor indicated opposition to the bill. Ms. Taylor, seconded by Ms. Bettman, moved to change the status of House Bill (HB) 3120 to Priority 1, Oppose. The motion passed unanimously. HB 3131 Responding to a question from Ms. Bettman, Mr. Klein said the bill authorized an owner or group of owners of an affected property to pay compensation on behalf of a public entity that intended to allow the use of property in lieu of compensation. It mandated that government give a group of property owners the ability to offer up compensation as opposed to the local government waiving a regulation. The City already included that authority in its code. The bill would require the City to provide the option and included new requirements for notice the City did not have in its code. Mr. Heuser indicated the bill had not yet received a hearing and one was not scheduled. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Neutral. The motion passed unanimously. HB 3132 Mr. Heuser indicated this bill, like the previous and following bills, was offered by Representative Phil Barnhart and it had not received a hearing and one was not scheduled. Responding to a question from Ms. Bettman, Mr. Klein said the bill addressed the area outside the urban growth boundary in that it regarded farm and forest deferral taxes. If a Ballot Measure 37 waiver was granted, the portion of the property receiving the waiver would no longer be subject to the property tax deferral. Mr. Pap~ left the meeting briefly. Ms. Taylor assumed the chair. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed unanimously. HB 3134 Mr. Klein indicated the City had already adopted code regulations similar to those called for in the bill. MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 4 Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed unanimously. HB 3220 Mr. Klein said the bill made it explicit a Ballot Measure 37 waiver was personal to a property owner. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed unanimously. HB 3349 The CCIGR considered the bill, which was held over from a previous meeting. Mr. Klein indicated the bill was intended to correct what some considered a "glitch" in how Ballot Measure 37 might impact other farm owners. There was a concern that if a waiver was granted for one farm owner, the surrounding properties might lose their exclusive farm use zone and tax deferral. Mr. Papd returned to the meeting and assumed the chair. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Support. The motion passed, 2:1; Mr. Papd voting no. HB 3411 Ms. Taylor, seconded by Ms. Bettman, moved to change the status of the bill to Priority 2 Support. The motion passed unanimously. Priority 3 Bills HB 3010 The CCIGR considered HB 3010, carried over from the previous meeting. Mr. Cushman said that City Attorney Jerry Lidz believed that the answer to the committee's earlier questions depended on the structure of the civilian review board. If the board was part of the City, disclosure to that entity would not constitute a disclosure of the record. If the body was an outside entity, it would be a disclosure. He noted that Jeannine Parisi, staff to the Police Commission, did not see the issue as a problem. The Portland Review Board goes to the departments and looks at the actual police report, and when copies were shared at meetings all the information was redacted for public purposes, specifically, address, phone number, Social Security Number, and date of birth. If the bill passed, the City could substitute age for the date of birth identifier. He did not think the bill would adversely impact the ability of a City review board to do its work. Ms. Bettman moved to change the status of the bill to Monitor. Ms. Taylor and Mr. Pap6 indicated support for the staff recommendation MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 5 The motion died for lack of a second. SB 153A The CCIGR considered SB 153A, which had been amended since the committee considered the bill in February. Responding to a question from Mr. Pap6, Mr. Cushman said the staff opposition was based on the requirement in the bill that cities furnish the legislature with reports that included information about the public acceptance of the Photo Red Light technology. He did not know how to accurately gauge that without a survey, and recommended it be deleted from the bill. In addition, the bill stipulated that if a vehicle's registered owner submitted a certificate of innocence, cities were restricted from reissuing a citation unless it was found that individual lied about their innocence. Mr. Pap6 wanted to support legislation that discouraged red light running, and suggested the committee could support the bill with amendments addressing the issues raised by Mr. Cushman. Ms. Bettman and Ms. Taylor indicated acceptance of the staff recommendation. HB 0614 The committee considered HB 0614, carried over from the last meeting. Ms. Feldman addressed questions raised at that time. She said there was no definition of paid signature gatherer outside the dictionary definition. Payment on the basis of the number of signatures gathered was forbidden by State law. In regard to the second question, if an individual, such as a United Way employee, was gathering signatures as part of their paid employment would be considered a paid signature gathering. She noted that the bill applied only to State petitions. Mr. Papd moved to change the status of the bill to Priority 3, Oppose. The motion died for a lack of a second. Mr. Pap~ moved to change the status of the bill Neutral. The motion died for lack of a second. SB 0593 Ms. Taylor moved to change the status of the bill to Priority 2. Ms. Bettman asked about the status of the bill, which would establish a property tax special assessment program for land subject to conservation easements. Mr. Heuser said it received a hearing, and was currently in the Senate Revenue Committee. Ms. Bettman seconded the motion, which passed unanimously. SB 0938A Responding to a question from Mr. Papd, Mr. Cushman said staff's concern about the bill was centered on MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 6 text that said would revise the current law, which stated it was unlawful to operate a bicycle on a sidewalk at greater than ordinary walking speed. The amended bill changed that text to a speed that reasonable under existing conditions, which staff thought was open to interpretation. Mr. Papd said he had only recently traveled through a part of town on bicycle where there were no bicycle lanes and he was forced to use the sidewalk. He questioned the reasonableness of expecting a bicycle commuter to travel at walking speeds, suggesting it would discourage bicycle use. Mr. Cushman said the major problem with the revised text was in regard to bicycle travel in areas such as downtown, where there were more pedestrians. Mr. Papd moved to revise the staff recommendation by eliminating the proposed amend- ment. Ms. Taylor and Ms. Bettman indicated support for the staff recommendation. The motion died for lack of a second. SB 0978 The committee considered SB 0978, carried over from the previous meeting. Members acknowledged the similarity between this bill and HB 3010, previously considered by the CCIGR. SB 1037 Mr. Klein said the bill was the placeholder bill for the comprehensive rewrite of Ballot Measure 37 and he advised the committee to hold the bill over until the next meeting. HB 3312 Mr. Heuser indicated the bill, which would allow those objecting to the initial formation of a historic district to opt out of the district, passed out of House Land Use Committee with amendments on a vote of 5:2. Representative Ackerman had voted against the bill. He said he would prepare a floor letter, where he estimated the bill had a slight chance of passage. He said the bill would be unlikely to receive a hearing in the Senate given the divisiveness of the issue and the length of the session. 6. Salem Report Mr. Heuser said the House General Government Committee was in the process of completing its hearings, and he anticipated the Lane County Local Government Boundary Commission would be preserved. He said that Representative Paul Holvey had done considerable work to keep the bill from passing out of committee. Mr. Heuser reported that HB 3353, the telecommunications bill, had been stalled for six days; it had been scheduled for a public hearing and work session three different times, but the bill had been unable to receive the fifth vote on the House Revenue Committee it needed to move forward. He noted the bill was of concern to other Oregon communities such as Springfield and Creswell, and recommended the City continue to oppose the bill. Mr. Heuser noted that Portland was very opposed to the bill, which would have severe revenue implications for that city. He indicated, in response to a question from Mr. Papd, that the bill had MINUTES--Council Committee on INtergovernmental Relations May 5, 2005 Page 7 some retroactive elements but they would not affect Eugene. Responding to a question from Ms. Taylor about the Forest Legacy Program, Mr. Heuser said the bill was still stalled in the House Environment Committee. The chair of the committee had not shut the door on the possibility of a public hearing. Senator Frank Shields of Portland was intensely interested in the bill and was working to get it passed. Referring to HB 2943, a bill that would raise the cap for companies paying a toxics right-to-know fee, Mr. Heuser said the chair of the committee had suggested willingness to consider raising the cap if the City capped the cost of operating the City's Toxics Right-to-Know Program at $100,000. Mr. Heuser had attempted to explain to him that the City also had an interest in keeping the program costs low. Ms. Bettman questioned whether such a cap was a bad idea if it allowed for growth in the program as the community grew. She acknowledged, in response to a comment from Mr. Pap~, that such a cap did touch on the issue of home rule. Ms. Bettman suggested that a cap on the program costs was less onerous than a cap on the fee, and more accurately helped to fulfill the charter objective. The CCIGR agreed to consider the bill again the following week after Mr. Heuser discussed the issue with the relevant parties. Ms. Taylor, seconded by Ms. Bettman, moved to forward the recommendations of the committee to the full council. The motion passed unanimously. The meeting adjourned at 10:15 a.m. (Recorded by Kimberly Young) MINUTES--Council Committee on Intergovernmental Relations May 5, 2005 Page 8 0~-0}''' ~/'~)l~'J' / 2~ }! Z0~)'-'~j l ~ ¢2-~. ATTACHMENT D REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 1 BILLS AND RESPONSE DETAIL RI. DATRU~ TIME: 3:: PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION HB 2608 3/8/2005 3/22/2005 RESIDENCY STATUS / PRI 2 OPPOSE PROOF RELATING RELATING TO RESIDENCY STATUS FOR ACQUIRING DOCUMENTS ISSUED BY CLAUSE DEPARTMENT OF TRANSPORTATION; CREATING NEW PROVISIONS; AND AMENDING ORS 807.050 AND 807.400. TITLE REQUIRES PERSON TO BE CITIZEN OF UNITED STATES OR OTHERWISE BE LEGALLY PRESENT IN UNITED STATES BEFORE PERSON CAN RECEIVE DRIVER LICENSE, DRIVER PERMIT OR IDENTIFICATION CARD. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY NuMRECOMMENDATION ELLWOOD S. SWENSON EPD-ADM 3/21/2005 PRI 3 OPPOSE CUSHMAN COMMENTS: WE OPPOSE THIS BILL, AND BELIEVE THAT IT IS INAPPROPRIATE TO REQUIRE PROOF OF CITIZENSHIP TO ISSUE DMV DOCUMENTS. THIS IS PARTICULARLY PROBLEMATIC IN TERMS OF DRIVER'S LICENSES AND DRIVER'S PERMITS, WHOSE PRIMARY PURPOSE IS TO DOCUMENT THAT A PERSON HAS DEMONSTRATED THE REQUISITE KNOWLEDGE AND SKILLS TO SAFELY OPERATE A MOTOR VEHICLE. IF A GROUP OF PEOPLE ARE DENIED THE POSSIBILITY TO OBTAIN DRIVING PRIVILEGES, SOME WILL CERTAINLY OPERATE VEHICLES ANYWAY, AND WILL NOT BE ABLE TO OBTAIN THE INSURANCE REQUIRED BY LAW. THIS CREATES A SITUATION IN WHICH TRAFFIC SAFETY, AS WELL AS FINANCIAL PROTECTION TO DRIVERS AND OTHERS USING THE ROADS, IS REDUCED. GREG GREG CS-CMO- 4/15/2005 PRI 2 OPPOSE RIKHOFF RIKHOFF HRC COMMENTS: THIS BILL CODIFIES DISCRIMINATION. IT PLACES AN IMMIGRATION FUNCTION ON DMV BY DEFAULT AND IT DISCOURAGES COMMUNITY MEMBERS FROM GAINING A USEFUL IDENTIFICATION TOOL. THE NET RESULT WILL BE TO PLACE, UNLICENSED, UNIFORMED, AND UNIDENTIFIED DRIVERS ON EUGENE STREETS. HB 2710 3/14/2005 3/28/2005 PREVAILING WAGE PRI 2 SUPPORT RELATING RELATING TO PAYMENT OF PREVAILING WAGE RATES WHEN PROJECT IS SUBJECT TO CLAUSE DIFFERENT PREVAILING WAGE RATE LAWS; CREATING NEW PROVISIONS; AND AMENDING ORS 279A.010 AND 279C.810. TITLE REQUIRES CONTRACTOR AND SUBCONTRACTORS ON PUBLIC WORKS PROJECT TO PAY STATE PREVAILING WAGE RATES OR FEDERAL PREVAILING WAGE RATES, WHICHEVER ARE HIGHER, WHEN PROJECT IS SUBJECT TO STATE AND FEDERAL PREVAILING WAGE RATE LAWS. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 2 of 10 CAROL CAROL CS-FCS 4/6/2005 PRI 2 YES IX.B. OPPOSE POMES POMES COMMENTS: DEFER TO PW AND FACILITIES. THIS BILL WOULD IMPACT THE COST OF SOME PUBLIC IMPROVEMENT PROJECTS, ADD ADDITIONAL REQUIREMENTS AND COMPLEXITY TO THE BID SPECIFICATIONS. WOULD IMPACT ANY PUBLIC WORK PROJECT THAT INVOLVED FEDERAL FUNDING, SO THE AIRPORT PROJECTS WOULD ALSO BE IMPACTED. ERIC ERIC PWA 4/11/2005 PRI 3 YES IX.B. OPPOSE JONES JONES http://ceonline/celeg/reports/BillsDetaihasp 5/12/2005 Page 3 of 10 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 2 BILLS AND RESPONSE DETAIL RL DATRU~ TIME: 3:: PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION COMMENTS: WHILE THIS BILL MAY BE INTENDED TO REMOVE AMBIGUITY IN THE ORIGINAL LANGUAGE AS TO INTENT OF THE IMPLEMENTATION OF PREVAILING WAGE LAW, ESPECIALLY AS IT PERTAINS TO FLAGGERS, IT ADDS COMPLEXITY AND REDUNDANCY TO THE MANAGEMENT OF CONTRACTS MANAGED BY THE CITY OF EUGENE. IN MANY CASES THERE ARE DIFFERENCES (SOMETIMES SIGNIFICANT AND SOMETIMES NOT SIGNIFICANT) BETWEEN FEDERAL AND STATE PREVAILING WAGES. THIS WOULD REQUIRE THE CITY TO, IN ESSENCE, PUBLISH TWO SETS OF SPECIFICATIONS (BOLI AND DAVIS-BACON) FOR EVERY JOB. COSTS TO THE CITY INCLUDE INCREASED PROJECT MANAGEMENT AND MONITORING REQUIREMENTS AND ADDITIONAL CONTRACT COSTS SINCE THE HIGHEST PREVAILING WAGE WOULD HAVE TO BE PAID SHOULD THERE BE A VARIANCE BETWEEN DAVIS-BACON AND BOLI. RECOMMEND AN OPPOSE POSITION IN FAVOR OF RETAINING THE CURRENT LAW, WHICH APPLIES DAVIS-BACON TO FEDERAL CONTRACTS AND BOLI TO STATE JOBS. GLEN GLEN CS-FAC 4/11/2005 PRI 3 YES IX.B. OPPOSE SVENDSEN SVENDSEN COMMENTS: THE BILL IS PRIMARILY ABOUT HAVING BOTH SYSTEMS OF PREVAILING WAGES APPLY TO DAVIS-BACON PROJECTS. A FIX TO AN ISSUE ON WAGE RATES FOR FLAGGERS IS A MINOR PART OF THIS BILL, AND IS ALSO ADDRESSED IN A SENATE BILL. THE PREVAILING WAGE REGULATIONS HAVE ABOUT 30 PAGES OF BOLI BUILDING-TRADES RELATED JOB DESCRIPTIONS AND WAGE RATES, AND ABOUT THE SA/ME NUMBER OF DAVIS-BACON JOB TYPES. IN SEVERAL CASES, THE DIFFERENCES ARE SUBSTANTIAL - $1 TO $2 DOLLARS PER HOUR PLUS DIFFERENCES IN THE FRINGE RATES. THERE IS NO RATIONALE THAT I CAN SEE IN THE PATTERN OF THE BOLI WAGE BEING HIGHER VERSUS THOSE CASES WHERE THE DAVIS-BACON WAGE IS HIGHER. THE IMPACT ON US WOULD BE ISSUING TWO SETS OF INFORMATION IN THE BID DOCUMENTS, INCREASING THE COST AND COMPLEXITY OF THE BID PROCESS. THEN MONITORING WOULD BE A REAL PAIN, AS EACH JOB TYPE WOULD NEED TO BE CROSS-REFERENCED ACROSS SYSTEMS, AND THERE ARE CASES IN WHICH THE DESCRIPTIONS AREN'T EXACTLY THE SAME. FINALLY, THE OVERALL COST OF CITY PROJECTS WOULD BE HIGHER, AS THE PREVAILING WAGE PAID WOULD ALWAYS BE THE HIGHEST OPTION. A LOCAL GOVERNMENT WORKING UNDER A FEDERAL GRANT WOULD BE RESPONSIBLE FOR THE ENTIRE DIFFERENCE IN COSTS, AS FEDERAL REIMBURSEMENT WOULD BE BASED ON THE FEDERAL PREVAILING WAGE. OVERALL, I'D RECOMMEND THAT THIS BILL HAVE AN OPPOSE RECOMMENDATION. IT IS MUCH EASIER TO USE DAVIS-BACON ON FEDERAL PROJECTS, AND BOLI ON STATE/LOCAL PROJECTS. http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 4 of 10 HB 2872 3/14/2005 3/28/2005 BUILDING CODES PRI 3 OPPOSE RELATING RELATING TO CONFORMANCE WITH NATIONALLY RECOGNIZED BUILDING STANDARDS; CLAUSE CREATING NEW PROVISIONS; AND AMENDING ORS 455.110. TITLE LIMITS ABILITY OF DIRECTOR OF DEPARTMENT OF CONSUMER AND BUSINESS SERVICES TO ADOPT BUILDING CODES AND STANDARDS THAT DIFFER FROM NATIONALLY RECOGNIZED MODEL CODES. REQUIRES DIRECTOR TO CONFORM EXISTING CODES AND STANDARDS NO LATER THAN JANUARY 1, 2010. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION STUART STUART PDD-PIC 4/8/2005 PRI 3 SUPPORT RAMSING RAMSING http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 5 of 10 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 3 BILLS AND RESPONSE DETAIL RL DAT~t.J~ TIME: 3:: PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOI~V~ENDATION COMMENTS: THIS BILL IS A PLACE HOLDER AND NEEDS REFINEMENT. INTENT IS TO GET OREGON IN LINE WITH NATIONAL CODES INSTEAD OF GOING ALONE WITH A LOW-RISE CODE. CONSIDERABLE RESOURCE IS GOING TO THE INTERPRETATION AND TRAINING ON THE LOW-RISE CODE WHICH IS UNIQUE TO OREGON. THERE IS NO NATIONAL SUPPORT OR CERTIFICATION PROGRAM. BILL WILL WE AMENDED TO MORE ACCURATELY REACH THE DESIRED OUTCOME OR THE ISSUE MAY BE PURSUED VIA ANOTHER BILL. HB 2996 3/15/2005 3/29/2005 PREVAILING WAGE PRI 2 OPPOSE RELATING RELATING TO EXEMPTIONS FROM PREVAILING WAGE RATE LAW; AMENDING ORS CLAUSE 279C.810; AND DECLARING AN EMERGENCY. TITLE EXEMPTS PUBLIC PROJECTS FOR WHICH CONTRACT PRICE DOES NOT EXCEED $ FROM PREVAILING WAGE RATE LAW. REQUIRES COMMISSIONER OF BUREAU OF LABOR AND INDUSTRIES TO ADJUST MAXIMUM CONTRACT PRICE FOR EXEMPT PROJECTS ANNUALLY FOR INFLATION. DECLARES EMERGENCY, EFFECTIVE ON PASSAGE. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICYNuMRECOP~ENDATION CAROL CAROL CS-FCS 4/6/2005 PRI 2 YES IX.B. MONITOR POMES POMES COMMENTS: THIS BILL COULD CHANGE THE DOLLAR THRESHOLD FOR WHEN PAYMENT OF PREVAILING WAGES IS REQUIRED AND REQUIRES AN ANNUAL REVIEW AND ADJUSTMENT FOR INFLATION. CHANGES TO THE PREVAILING WAGE LAWS IMPACT THE CITY AND REQUIRE CHANGES TO OUR PUBLIC CONTRACTING RULES AND SOLICITATION DOCUMENTS. ERIC ERIC PWA 4/8/2005 PRI 2 YES IX.B. MONITOR JONES JONES COMMENTS: DEPENDING ON WHERE THE DOLLAR VALUE IS SET, THIS BILL SHOULD HAVE LITTLE IMPACT ON THE COST OF MOST PUBLIC CONSTRUCTION CONTRACTS SINCE LOCAL WAGES FOR CONTRACTORS THAT MOST OFTEN WORK ON CITY PROJECTS ARE AT OR ABOVE BOLI RATES. IF THE DECISION IS MADE TO RAISE THE LIMIT TO A HIGH VALUE SUCH AS $250,000 OR MORE, THE CITY SHOULD RECONSIDER IT'S POSITION, BECAUSE OF THE POSSIBILITY THAT THE HIGHER LIMIT COULD LEAD TO FORMATION OF COMPANIES PAYING MINIMUM WAGE TO POORLY TRAINED WORKERS. -- REVIEWED BY PAUL KLOPE GLEN GLEN CS-FAC 4/6/2005 PRI 3 NEUTRAL SVENDSEN SVENDSEN COMMENTS: ADJUSTMENTS OF CONTRACT TOTAL COST THAT TRIGGERS USE OF PREVAILING WAGE COULD BE HELPFUL. HOWEVER, BASING THE INFLATION ON THE ALL-CITIES CONSUMER PRICE INDEX MAY OR http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 6 of 10 MAY NOT CORRESPOND TO THE CUNSTRUCTION COST INFLATION EXPERIENCE. RECENTLY, THE CONSTRUCTION COST INFLATION INDEX HAS BEEN SIGNIFICANLY HIGHER THAN THE CONSUMER PRICEINDEX. AS A RESULT, PERIODIC ADJUSTMENTS IN THE CONTRACT TOTAL VALUE MAY STILL BE REQUIRED LEGISLATIVELY. HB 3137' 3/16/2005 3/30/2005 LAND USE PLANNING PRI 3 OPPOSE RELATING RELATING TO LOCAL GOVERNMENT RECOGNITION OF COMMUNITY GROUPS; CREATING CLAUSE NEW PROVISIONS; AND AMENDING ORS 197.195, 197.365, 197.763, 215.416 AND 227.175. TITLE DEFINES COMMUNITY GROUPS FOR PURPOSES OF LAND USE STATUTES. REQUIRES CITIES AND COUNTIES TO RECOGNIZE COMMUNITY GROUPS THAT MEET CERTAIN REQUIREMENTS. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION MARY MARY CS-CMO 3/22/2005 PRI 3 YES V.C.2 SUPPORT WALSTON WALSTON http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 7 of 10 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 4 RL BILLS AND RESPONSE DETAIL DATRU~ TIME: 3:: PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION COMMENTS: THIS BILL CLARIFIES WHAT IS MEANT BY "COMMUNITY ORGANIZATION" AND "NEIGHBORHOOD ORGANIZATION" WITH REGARD TO REVIEW AND NOTIFICATION FOR LAND USE DECISIONS. GENERALLY THIS IS A GOOD IDEA IN THAT IT IS FAIRLY SPECIFIC IN DEFINING WHAT CONSTITUTES AND WHAT REQUIRMENTS MUST BE MET FOR A GROUP TO BE CONSIDERED A COMMUNITY OR NEIGHBORHOOD GROUP - AND TO HAVE STANDING IN A LAND USE DECISION. MY ONLY CONCERN IS THAT THE LOCAL GOVERNEMENT WHICH HAS JURISDICTION OVER SUCH BODIES IS TO KEEP RECORDS TO AFFIRM THAT THE DEFINITION OF COMMUNITY AND NEIGHBORHOOD GROUPS HAVE BEEN MET. THIS COULD PUT THE CITY IN AN UNUSAL REGULATOR ROLE. I WOULD LIKE TO HAVE SUSAN MUIR ALSO WEIGH IN ON THIS BILL. I DO THINK IT SHOULD BE SUPPORTED, BUT WE MAY WNAT TO CONSIDER AMENDMENTS TO THE REQUIREMENT THAT LOCAL GOVERNMENT TAKE ON THE ROLE OF RECORD KEEPER FOR THESE GROUPS. MARY WALSTON MARCH 22, 2005 SUSAN PDD- 4/13/2005 PRI 3 YES V.C.2 SUPPORT MUIR PLAN COMMENTS: I AM UNSURE OF THE EFFECT ON OUR EXISTING DEFINITION OF NEIGHBORHOOD - WILL DEFER TO BETH B. WILL LIKELY HAVE LITTLE IMPACT ON LAND USE NOTICING, ALTHOUGH MAY ENCOURAGE MORE SPLINTER NEIGHBORHOOD GROUPS WHICH CAN GET DIFFICULT AS THE PLANNING COMMISSION AND STAFF RELY ON THESE GROUPS TO REPRESENT THE IMPACTED NEIGHBORHOODS. HB 3143 3/17/2005 3/31/2005 ENTERPRISE ZONES PRI 2 NEUT/AM RELATING RELATING TO ENTERPRISE ZONES; CREATING NEW PROVISIONS; AMENDING ORS CLAUSE 285C.050, 285C.080, 285C.085, 285C.090, 285C.115, 285C.120, 285C.130, 285C.160, 285C.165, 285C.220, 285C.245, 285C.250, 285C.320 AND 285C.353 AND SECTION 56, CHAPTER 662, OREGON TITLE ELIMINATES ECONOMIC HARDSHIP REQUIREMENTS THAT AREAS MUST MEET TO BE DESIGNATED ENTERPRISE ZONES. ELIMINATES LIMITATION ON NUMBER OF ZONES THAT MAY BE DESIGNATED. ELIMINATES 10-YEAR MAXIMUM DURATION OF ZONE DESIGNATION. ALLOWS ZONE SPONSOR TO ESTABLISH ALL REQUIREMENTS FOR ADDITIONAL TWO-YEAR PERIOD OF EXEMPTION AND PERMITS GREATER PERIOD OF TIME DURING WHICH AGREEMENT ESTABLISHING ADDITIONAL PERIOD OF EXEMPTION MAY BE EXECUTED. TAKES EFFECT ON 91ST DAY FOLLOWING ADJOURNMENT SINE DIE. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY NL~4RECO~NDATION DENNY DENNY PDD- 4/15/2005 PRI 2 YES III.B.1.A SUPPORT/AM http ://ceonline/celeg/reports/BillsDetail. asp 5/12/2005 Page 8 of 10 BRAUD BRAUD DEV COMMENTS: GIVEN THE SUPPORT THAT COUNCIL HAS EXPRESSED FOR APPLYING FOR A EUGENE EZ IN 2005, THE EXPANSION OF THE NUMBER OF ZONES AVAILABLE STATE-WIDE SHOULD BE SUPPORTED. EFFORTS TO ALLOW GREATER LOCAL FLEXIBILITY IN NEGOTIATING THE EXTENDED 5YR TAX EXEMPTION OPTION SHOULD ALSO ALSO BE SUPPORTED. BILL SHOULD BE AMENDED TO KEEP THE EXISTING 10-YEAR MAXIMUM ZONE DURATION IN PLACE. HB 3245 3/21/2005 4/4/2005 MEASURE 37 PRI 2 SUPPORT RELATING RELATING TO CLAIM FOR COMPENSATION FOR LAND USE REGULATION; AND CLAUSE DECLARING AN EMERGENCY. TITLE PROHIBITS TRANSFER OF CLAIMANT'S INTEREST IN JUDGMENT ENTERED IN ACTION UNDER BALLOT MEASURE 37 (2004), TO ANYONE OTHER THAN FAMILY MEMBER OF CLAIMANT. DECLARES EMERGENCY, EFFECTIVE ON PASSAGE. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION SUSAN PDD- 4/13/2005 PRI 2 YES V.C.1 OPPOSE MUIR PLAN http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 9 of 10 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: 5 RL BILLS AND RESPONSE DETAIL DATE'U~ TIME:3:: PM BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION COMMENTS: THIS IS A PIECE MEAL ATTEMPT TO DEAL WITH A PORTION OF M37, A TWEAK TO A PORTION OF THE PROBLEM, NOT A COMPREHENSIVE REWRITE. TO BE CONSISTENT WITH PAST IGR ACTION, WE SHOULD NOT SUPPORT THIS BUT SUPPORT THE PENDING COMPREHENSIVE REWRITE. HB 3/23/2005 4/6/2005 LIBRARIES PRI 2 NEUT/AM 3389 RELATING RELATING TO LIBRARY SERVICES. CLAUSE TITLE PROHIBITS UNITS OF LOCAL GOVERNMENT AND SPECIAL DISTRICTS THAT ENTER INTO COOPERATIVE AGREEMENT PROVIDING LIBRARY SERVICES FROM EXCLUDING OTHER ENTITIES FROM PROVIDING LIBRARY SERVICES. POL CONTACT RESPONDENT DEPARTMENT UPDATED PRIORITY POLICY Ni3MRECOMMENDATION MICHAEL CONNIE LRCS- 4/6/2005 PRI 2 YES III.A.3 OPPOSE MAGEE BENNETT ADM COMMENTS: LANE COUNTY, THE CITY OF SPRINGFIELD, AND THE CITY OF EUGENE HAVE AN INTERGOVERNMENTAL AGREEMENT, THE "METRO PLAN," IN WHICH THEY AGREE THAT PROVISION OF GOVERNMENTAL SERVICES IN THE EUGENE-SPRINGFIELD METRO AREA WILL NORMALLY BE DONE BY THE CITIES. THIS COVERS PARKS, FIRE, LIBRARIES, ETC. AT ANY TIME ANY OF THE THREE WANTS TO DO SOMETHING DIFFERENTLY (E.G. SPRINGFIELD WAS LOOKING AT A FIRE DISTRICT LAST YEAR), THEY CAN PROPOSE & AGREE TO DO SO. LANE LIBRARY LEAGUE (BILL SULLIVAN) HAS BEEN LOBBYING LANE COUNTY TO PLACE A COUNTY-WIDE LIBRARY DISTRICT ON THE BALLOT; ONE IMPEDIMENT TO DOING SO IS THAT THE METRO PLAN WOULD REQUIRE AMENDMENT. IF LANE COUNTY WISHED TO PROPOSE THIS, AS ONE OF THE GOVERNMENTS INVOLVED, THEY COULD CERTAINLY DO SO. THE CITY OF EUGENE IS NOT INTERESTED IN PURSUING A LIBRARY DISTRICT; CITY COUNCIL & CITY MANAGER HAVE SAID VERY STRONGLY THAT THEY BELIEVE LIBRARY SERVICE IS SOMETHING THAT A CITY GOVERNMENT SHOULD BE PROVIDING TO ITS CITIZENS. WHAT HB 3389 APPEARS TO BE ATTEMPTING TO DO IS FOR THE STATE LEGISLATURE TO MANDATE LIMITATIONS ON LOCAL GOVERNMENTS' ABILITY TO ENTER INTO THIS TYPE OF AGREEMENT. AS I UNDERSTAND IT, BOTH EUGENE & SPRINGFIELD SEE THIS AS AN ISSUE OF LOCAL CONTROL. SUSAN KURT PDD- 4/13/2005 PRI 2 OPPOSE MUIR YEITER PLAN COMMENTS: AGREE WITH MIKE MAGEE. http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 10 of 10 BILL IMPLIES THAT OVERLAPPING DISTRICTS PROVIDING SAME SERVICES IN THE SAME AREA SHOULD BE ALLOWED. OTHERWISE, IT IS VERY FLEXIBLE, PERHAPS TOO FLEXIBLE. http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 Page 1 of 1 REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: F BILLS AND RESPONSE DETAIL DATer TIME: ~ P~ BILLS SENT DUE DATE SUBJECT PRIORITY RECOMMENDATION SB 0421A 4/8/2005 4/22/2005 BUILDING CODES PRI 3 NEUTRAL RELATING RELATING TO STATE BUILDING CODE; CREATING NEW PROVISIONS; CLAUSE AMENDING ORS 455.210, 455.220, 455.842 AND 455.844; AND DECLARING AN EMERGENCY. TITLE 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. - } { + PROVIDES FOR ASSIGNMENT OF DEPARTMENT EMPLOYEES TO REGIONS TO PROMOTE CONSISTENT INTERPRETATION OF STATE BUILDING CODE, TO RESOLVE DISPUTES BETWEEN LOCAL BUILDING OFFICIALS AND CONTRACTORS OR DEVELOPERS AND TO PROVIDE OVERSIGHT AND ENFORCEMENT OF STATUTES AND ADMINISTRATIVE RULES RELATING TO STATE BUILDING CODE. + } IMPOSES SURCHARGE ON PERMIT FEES AND HOURLY CHARGES TO DEFRAY COSTS OF ADMINISTERING AND ENFORCING STATE BUILDING CODE. DECLARES EMERGENCY, EFFECTIVE ON PASSAGE. POL CONTACTRESPONDENT DEPARTMENT UPDATED PRIORITY POLICY RECOMMENDATION STUART STUART PDD- 4/28/2005 PRI 3 NEUTRAL RAMSING RAMSING PIC COMMENTS: AMENDMENTS ADDRESS CONCERNS AND PROVIDES FOR REGIONAL SUPPORT AS OPPOSED TO REGIONAL ADMINISTRATION BY THE STATE. CHANGED FROM "SUPPORT" TO "NEUTRAL" AFTER 4/28 IGR COMMITTEE MEETING. http://ceonline/celeg/reports/BillsDetail.asp 5/12/2005 ~)~ ~'0'~5 ~t 2~0~, t6/~. Page 1 of l REPORT ID: CELEG3 LEGISLATIVE TRACKING PAGE: F BILLS AND RESPONSE DETAIL DATRL TIME: .'. PI BILLS SENT DUE DATE SUBJECT PRIORITY BECOMMENDATION EXCLUSIVE FARM HB 3349 3/22/2005 4/5/2005 PRI 2 SUPPORT USE ZONE RELATING RELATING TO EXCLUSIVE FARM USE ZONE; AMENDING ORS 215.010 CLAUSE AND 308A.053. TITLE DEFINES 'EXCLUSIVE FARM USE ZONE' FOR PURPOSES OF ZONING AND PLANNING AND FOR PURPOSE OF APPROVING SPECIAL ASSESSMENT OF LAND FOR PROPERTY TAXATION. POL CONTACT P. ESPONDENT DEPARTMENT UPDATED PRIORITY POLICY NuMRECOMMENDATION SUSAN PDD- 4/13/2005 PRI 2 YES V.C.1 OPPOSE MUIR PLAN COMMENTS: THIS IS A PIECE MEAL ATTEMPT TO DEAL WITH A PORTION OF M37, A TWEAK TO A PORTION OF THE PROBLEM, NOT A COMPREHENSIVE REWRITE. TO BE CONSISTENT WITH PAST IGR ACTION, WE SHOULD NOT SUPPORT THIS BUT SUPPORT THE PENDING COMPREHENSIVE REWRITE. http://ceonline/celeg/reports/BillsDetaihasp 5/12/2005 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 HB 2048 1 Support effective date of Act. Takes effect on 91st day following adjournment sine die. 2/01 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 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 HB 2396 1 Oppose operative before January 1, 2005. Takes effect on 91st day following adjournment sine die. 2/17 Imposes requirements on local governments with respect to provision of telecommunications HB 2445 1 Oppose service by local government. Provides exceptions. 2/17 Requires custodian of public record in executive department or special government body to ~ermit 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 HB 2489 I Oppose ~ublic body. 3/09 Establishes property tax exemption for property that is owned by fraternal service organization and used by charitable organization. Prohibits exemption if property is used for fraternal HB 2511 1 Oppose organization purposes. Applies to tax years beginning on or after July 1, 2006. 3/17 Repeals prohibition on real estate transfer taxes. Takes effect on 91st day following HB 2520 1 Support adjournment sine die. 3/09 Adds additional public facilities and assets to list of capital improvements for which local HB 2523 1 Support/Am government unit may assess and collect system development charges. 3/09 Prohibits public body from including cost of legal services in fees established for disclosing public records. Except when person requests disclosure of public records in manner other than manner in which public body maintains public records, prohibits public body from including HB 2545 I Support/Am labor costs in fees established for disclosing public records. 3/24 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 program. Requires participation if moneys received. Declares emergency, effective HB 2709 I Support on passage. 3/31 Requires local government taxes imposed on or measured by income to be imposed on or measured by taxable income as determined for state personal income tax purposes or Oregon taxable income as determined for state corporate excise or income tax purposes. Applies to tax HB 2732 1 Oppose/Am reporting periods beginning on or after January 1, 2006. 4/07 Caps amount of system development charge per dwelling unit that may be imposed for parks HB 2757 I Oppose and recreation capital improvements. 3/24 1 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Modifies annual cap for total amount of corporate excise and income tax credits available for Iow-income housing financing loans. Applies to tax years beginning on or after January 1, 2005. HB 2775 I Support Takes effect on 91st day following adjournment sine die. 4/07 Provides special assessment for property tax purposes for certain renovations of residential HB 2832 I Oppose/Am property. Applies to tax years beginning on or after July 1, 2006. 4/07 Appropriates moneys from General Fund to Department of Education for State School Fund. Limits biennial expenditures of lottery funds allocated to department for State School Fund. Limits biennial expenditures of department from timber tax funds and accounts. Establishes maximum amount department may spend from State School Fund each fiscal year of biennium. Appropriates moneys from General Fund to department for Local Option Equalization Grants Account. Directs Oregon Department of Administrative Services, in consultation with Legislative Fiscal Office, to determine amount of projected savings to school districts and education service districts from specified actions. Reduces amount appropriated from General Fund to Department of Education for State School Fund by amount equal to projected savings. Appropriates amount equal to projected savings from General Fund to HB 2855 I Support Education Stability Fund. Declares emergency, effective July 1, 2005. 4/07 Directs cities to distribute percent of moneys received by cities from violations of laws and ordinances related to parking privileges for disabled persons to organizations that serve HB 2867 1 Oppose ~ersons with disabilities. 4/07 HB 2869 1 Support/Am Imposes fee on retail sale of studded tires or on installation of studs in tire. 3/24 Increases limit on fees imposed by local government for implementing local community right HB 2943 1 Support to know regulatory program. 5/12 Authorizes industrial development in buildings of any size and type on industrial lands outside urban growth boundaries of cities and metropolitan service district. Repeals sunset provision of Act authorizing industrial development in buildings of any size and type on industrial lands. HB 2956 1 Oppose Declares emergency, effective on passage. 4/14 Requires local government with urban growth boundary to provide for and maintain long-term HB 2963 I Oppose and short-term supplies of land within urban growth boundary for industrial or commercial use. 4/14 HB 2998 I Support/Am Extends period during which property tax exemption for multiunit housing may be granted. 4/07 Requires approval of urban renewal plan by each city or county with tax revenues that will be reduced upon adoption of urban renewal plan. Applies to urban renewal plans adopted or HB 3056 1 Neutral substantially amended on or after effective date of Act. 4/14 2 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Prohibits Land Conservation and Development Commission and Department of Land Conservation and Development from taking any action against local government by reason of modification of, removal of or failure to apply land use regulation in response to claim under Ballot Measure 37 (2004). Prohibits civil action by other property owners to recover loss of value to property that is claimed to have occurred by reason of modification of, removal of or failure to apply land use regulation in response to claim under Ballot Measure 37 (2004). HB 3120 1 Oppose Declares emergency, effective on passage. 5/05 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 HB 3135 1 Support capacity. Requires disclosure of financial ability and criminal history by applicant. 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 HB 3265 1 Oppose Lane County 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 HB 3301 1 Oppose special district to object to formation of county service district. 3/24 Allows Governor to waive land use statutes, goals and regulations if Governor finds existence HB 3314 1 Oppose of economic emergency. 4/21 Authorizes retention of replaced dwelling on land zoned for forest use or mixed farm and forest use if dwelling is needed for labor intensive animal husbandry activity or for use by elderly or HB 3401 1 Oppose disabled family member. 4/21 Proposes amendment to Oregon Constitution to modify double majority voting requirements in property tax elections so that double majority requirement does not apply to local property tax measures submitted to electors in elections in May or November of any year. Refers proposed amendment to people for their approval or rejection at special election held on same date as H JR 0014 1 Support next primary election. 4/07 Proposes revision to Oregon Constitution that directs Legislative Assembly to provide for establishment of general system of public schools. Directs Legislative Assembly to appropriate sufficient moneys to provide basic education to each child in public school. Allows school districts to provide education services that are in addition to basic education. Limits amount expended by each school district to total amount necessary to provide quality education. Directs Legislative Assembly to define basic education and quality education. Permits school districts to impose property taxes outside of existing constitutional property tax limitation, if taxes are approved by majority vote of district voters. Limits total amount of district property taxes to amounts needed for quality education. Refers proposed revision to people for their H JR 0035 I Support approval or rejection at special election held on same date as next regular general election. 4/21 3 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 SB 0295 1 Oppose Modifies distribution of fines collected in traffic offense cases. 2/11 Expands crime of invasion of personal privacy and redesignates it as invasion of personal ~rivacy in second degree. Creates crime of invasion of personal privacy in first degree. SB 0297 I Support Punishes by maximum of five years' imprisonment, $125,000 fine, or both. 2/17 Requires custodian of public record in executive department or special government body to ~ermit 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 ~ublic 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. SB 0343 I Oppose Takes effect on 91st day following adjournment sine die. 3/09 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 SB 0412 1 Support/Am date of Act. 2/24 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 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 SB 0527 1 Support capacity. Requires disclosure of financial ability and criminal history by applicant. 3/09 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 SB 0555 1 Support/Am or human health. 2/24 Requires election of members of boards of directors of certain mass transit districts situated in SB 0558 1 Support standard metropolitan statistical areas with populations of 400,000 or fewer individuals. 2/24 Requires local government amending comprehensive plan or land use regulation for protection of natural resources and conservation of scenic, historic and open space resources to concurrently expand urban growth boundary or modify type and intensity of use of land within boundary to ensure that development capacity is maintained. Prohibits amendments from becoming effective until developable land is designated to replace protected land and SB 0649 1 Oppose amendments are acknowledged by Department of Land Conservation and Development. 4/14 SB 0650 1 Oppose Modifies standards for amending existing urban growth boundary. 3/24 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 SB 0660 1 Oppose board on or after effective date of Act. 3/09 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0663 1 Support value. Declares emergency, effective on passage. 3/17 Requires local government taxes imposed on or measured by income to be imposed on or measured by taxable income as determined for state personal income tax purposes or Oregon taxable income as determined for state corporate excise or income tax purposes. Applies to tax SB 0686 I Oppose reporting periods beginning on or after January 1, 2006. 4/28 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 I Oppose emergency, effective on passage. 3/17 Allows exemption to energy facility site certificate requirement for energy facilities using oil seeds, waste vegetable oil or cellulosic biomass as source of material for conversion to liquid SB 0736 I Oppose fuel. Declares emergency, effective on passage. 4/21 Requires local government taxes imposed on or measured by income to be imposed on or measured by taxable income as determined for state personal income tax purposes or Oregon taxable income as determined for state corporate excise or income tax purposes. Applies to tax SB 0801 1 Oppose/Am reporting periods beginning on or after January 1, 2006. 4/07 Extends period during which property tax exemptions for multiple-unit housing may be SB 0839 I Support/Am granted. 3/24 SB 0839A 1 Support Extends period during which property tax exemptions for multiple-unit housing may be granted. 4/28 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 1 Support/Am Imposes fee on retail sale of studded tires or on installation of studs in tire. 3/31 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 SB 0996 1 Support following adjournment sine die. 3/31 { - Changes - } { + Increases + } 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 SB 0996A 1 Support effect on 91st day following adjournment sine die. 5/05 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Prohibits discrimination against persons in specified areas of law based on sexual orientation. Defines 'sexual orientation.' Authorizes enforcement of prohibition through civil action for actual and punitive damages. Authorizes attorney fees in civil proceedings for unlawful discrimination. Requires state agencies to eliminate discrimination against persons based on sexual orientation. Establishes requirements and procedures for entering into civil union contract. Applies only to civil unions between persons of same sex. Provides that partners in civil unions have same privileges, immunities, rights, benefits and responsibilities under state law as are granted to or imposed on persons who are or were married. Takes effect on 91 st day following SB 1000 1 Support adjournment sine die. 4/21 Prohibits municipalities from regulating entry into business of telecommunications providers. Permits municipalities to impose only cost-based permit fees for telecommunications provider construction in public rights of way. Permits municipalities to impose tax on retail purchase of intrastate telecommunications services. Limits maximum rate of tax. Prohibits other taxes, fees or charges. Continuously appropriates moneys from telecommunications tax revenues to Department of Revenue for distribution to municipalities. Takes effect on 91st day following SB 1030 1 Oppose adjournment sine die. 4/28 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 S JR 0014 1 Support same date as next primary election. 3/24 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 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 S JR 0029 1 Support their approval or rejection at next regular general election. 3/24 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 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 HB 2025 2 Oppose water suppliers for initial costs of fluoridation. 24-Feb 6 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Requires water supplier serving more than 10,000 people to fluoridate water supply. { - Allows certain water suppliers to receive state financial assistance for initial costs of fluoridation. - } { - Appropriates moneys from General Fund to Department of Human Services for reimbursing water suppliers for initial costs of fluoridation. - } { + Allows supplier to cease implementation of water fluoridation system if sufficient funds to pay for implementation are not available from HB 2025A 2 Oppose specified sources. + } 4/21 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 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 authority for period not to exceed 180 days to any license applicant. { + 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 HB 2056A 2 Oppose/Am application for license. + } 5/05 Establishes regional land use planning commissions. Modifies duties of Land Conservation and Development Commission so that commission establishes statewide land use planning HB 2100 2 Oppose goals and regional commissions ensure compliance of local and regional plans with goals. 4/14 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 HB 2152 2 Support dates for statewide pesticide use reporting system. 2/01 Adds two members to Oregon Transportation Commission. Requires two members to be HB 2164 2 Neutral elected 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 Eliminates position of Brownfields Redevelopment Coordinator. Limits total amount of Brownfields Redevelopment Fund that may be awarded to certain persons in any biennium. Authorizes certain payments from fund. { + Establishes Oregon Coalition Brownfields Cleanup Program in Economic and Community Development Department. Establishes Oregon Coalition Brownfields Cleanup Fund and continuously appropriates moneys in fund to department for HB 2176A 2 Support purposes of program. Declares emergency, effective on passage. + } 4/21 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Expands offense of driving while under influence of intoxicants to include any substance that adversely affects person's physical or mental faculties to noticeable or perceptible degree. HB 2184 2 Support Defines intoxicant. Takes effect July 1, 2006. 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 characteristics of fireworks. Allows certain fireworks definitions to be supplemented HB 2190 2 Support/Am 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 91st day following adjournment HB 2197 2 Support sine die. 2/11 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 91st day following adjournment HB 2197A 2 Support sine die. 5/12 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 implementation of policy be made prior to February 1, 2009. Declares emergency, effective on HB 2202 2 Support passage. 3/24 Requires that telecommunications service provider provide written contract to customer after providing 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 HB 2218 2 Support changed. Provides that violation of 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 HB 2220 2 Support maximum six months' imprisonment, $2,500 fine, or both. 3/17 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 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 HB 2318 2 Support Expands crime of telephonic harassment. 2/11 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 personal income taxpayers and January 1, 2008, for corporate income and excise taxpayers. 2/01 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 HB 2350 2 Support ~wage rates or when project is regulated under Davis-Bacon Act. 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, HB 2355 2 Monitor ~leaded or deposited. 2~24 HB 2356 2 Neutral Modifies procedure for approval of subdivision plat or partition plat. 4/14 Modifies procedure for approval of subdivision plat or partition plat. { + Declares emergency, HB 2356A 2 Neutral effective on passage. + } 4/14 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 91 st day following HB 2378 2 Support adjournment sine die. 2/24 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 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 HB 2418 2 Oppose board on or after effective date of Act. 3/31 HB 2427 2 Monitor Requires all counties and certain cities to create civilian police review boards. 2/11 Requires person engaging in trade of sprinkler fitter to be licensed by Department of Consumer and Business Services. Requires supervision of sprinkler fitter apprentice by iourneyman sprinkler fitter. Allows municipal enforcement of sprinkler fitter license and apprentice supervision requirements. Imposes civil penalty, not to exceed $5,000 per offense or $1,000 per day for continuing offense, for violation of license supervision requirements or HB 2428 2 Oppose/Am related department rules. 4/07 Authorizes school districts to activate urban renewal agencies and adopt urban renewal plans HB 2440 2 Oppose for purpose of funding school construction and improvements. 2/24 Increases punishment for crime of invasion of personal privacy to maximum of five years' imprisonment, $125,000 fine, or both. Provides that invasion of personal privacy is sex crime H B 2457 2 Support requiring registration if victim is less than 18 years of age. 2/24 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 { - Increases punishment for - } { + Establishes conditions under which + } crime of invasion of ~ersonal privacy { - to - } { + is punishable by + } maximum of five years' imprisonment, $125,000 fine, or both. Provides that { + felony + } invasion of personal privacy is sex crime HB 2457A 2 Support/Am requiring registration if victim is less than 18 years of age. 5/12 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 HB 2481 2 Support ~osted on signs in school zone. 3/09 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 lears' 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 controlled substance if person is under influence of HB 2485 2 Support controlled substance. Expands crime of theft in first degree to include theft of precursor substar 3/09 Requires mandatory withholding of income tax from distributions from employer-sponsored retirement plans. Requires mandatory withholding of income tax when Oregon real property interests are sold by nonresidents. Applies to distributions and sales occurring on or after January 1, 2006. Allows local governments that impose personal income tax that meets certain requirements to request that Department of Revenue provide collection services, including collection of tax on state income tax return forms. Appropriates moneys from Local Income Tax Collections Fund to Department of Revenue for distribution to local governments. Authorizes state agencies, boards and commissions that issue occupational or professional licenses to require licensees to demonstrate and maintain tax compliance as condition of issuance or renewal of license. Authorizes Department of Revenue to adopt rules that require payers of certain types of payments identified by department to withhold income tax from payments. HB 2487 2 Support/Am Takes effect on 91st day following adjournment sine die. 3/17 HB 2488 2 Oppose Requires only persons under 21 years of age to wear motorcycle helmets. 3/09 HB 2496 2 Support Prohibits smoking in places of employment. Specifies certain exceptions. 3/09 Creates crime of endangering welfare of minor in first degree. Punishes by maximum of five HB 2508 2 Support years' imprisonment, $125,000 fine, or both. 3/09 10 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Prohibits discrimination against persons in specified areas of law based on sexual orientation. Defines 'sexual orientation.' Authorizes enforcement of prohibition through civil action for actual and punitive damages. Authorizes attorney fees in civil proceedings for unlawful discrimination. Requires state agencies to eliminate discrimination against persons based on sexual HB 2519 2 Support orientation. Takes effect on 91st day following adjournment sine die. 3/09 Imposes malt beverage cost recovery fee on malt beverages. Distributes moneys to cities and counties for alcohol and drug abuse and mental health preventive, early intervention and treatment services, public health services, law enforcement purposes related to mental health HB 2533 2 Support/Am and addiction activities, drug-free housing efforts and drug court program funding. 3/17 Prohibits contracting agency from canceling, rejecting, delaying or suspending solicitation, bid, HB 2540 2 Oppose proposal or award because bidder or proposer is engaged in labor dispute. 4/14 { - Prohibits public body from including cost of legal services in fees established for disclosing public records. Except when person requests disclosure of public records in manner other than manner in which public body maintains public records, prohibits public body from including labor costs in fees established for disclosing public records. - } { + Allows public body, in order to comply with request for disclosure of public records, to establish fee to reimburse public body for time spent by attorney to review records, redact material from records or segregate records into exempt and nonexempt records. Prohibits public body from including costs of other legal services in fee established to make records available. Limits amount of fee public body may charge to comply with request for public records unless public body provides requestor with written notification of estimated amount of fee and requestor confirms that HB 2545A 2 Support requestor wants public body to proceed with making records available. + } 5/12 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 HB 2549 2 Oppose construction of dwelling. 3/09 11 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 of dwelling. { + Allows landowner to convey property with right to build single family HB 2549A 2 Oppose dwelling. + } 3/31 Exempts law enforcement officials acting in course of official duty from motor vehicle accident HB 2569 2 Support reporting requirements. Declares emergency, effective on passage. 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 3ersonal 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 HB 2575 2 Oppose reimbursement from Selective Service System for amount appropriated from General Fund. 3/09 Requires person to be citizen of United States or otherwise be legally present in United States HB 2608 2 Oppose before person can receive driver license, driver permit or identification card. 4/07 Directs county to allow establishment of single-family dwelling on lot or parcel located in farm use zone if specified conditions are met. Authorizes county to impose certain conditions on HB 2617 2 Oppose establishment of dwelling. 4/07 Requires Land Conservation and Development Commission, when establishing standards for authorization of dwelling in conjunction with farm use, to adopt rules for authorization of dwellings in areas zoned for exclusive farm use that take into consideration capability of lot or parcel, including size and soil class, agricultural activities on adjacent lots or parcels and other HB 2618 2 Oppose relevant factors. 4/07 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 Iht, 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 HB 2621 2 Oppose for determining whether proposed dwelling is used in conjunction with farm use. 3/31 12 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Increases corporate minimum taxes applicable to C corporations and S corporations. Applies to tax years beginning on or after January 1, 2005. Takes effect on 91st day following HB 2625 2 Support adjournment sine die. 4/07 Allows county or city to adopt instant runoff voting system for nomination or election of HB 2638 2 Support/Am candidates to county or city office. 4/07 Requires local governments to adopt regulations to zone certain forestland and exclusive farm use land as secondary land. Provides exceptions. Requires local governments to adopt zoning ordinances for secondary land that are consistent with land use planning goals relating to urbanization. Provides that single family dwelling may be established on secondary land with specified exceptions. Sets schedule for amendment of state and local goals, rules and plans. Provides that single family dwellings are allowed on land that meets statutory criteria prior to amendment of state and local goals, rules and plans. Provides that all existing state and local goals, rules and plans not consistent with statute have no legal effect as of effective date of statute. Provides that land zoned secondary land retains certain special tax assessment HB 2643 2 Oppose ~rovisions in specified instances. Makes related changes. 4/07 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 HB 2652 2 Oppose ~lans and land use regulations to conform to new statewide land use planning goals. 3/31 Requires participation in driving while under influence of intoxicants diversion program to be HB 2654 2 Support counted toward felony driving while under influence of intoxicants. 4/07 Requires participation in driving while under influence of intoxicants diversion program to be HB 2654A 2 Support counted toward felony driving while under influence of intoxicants. 5/12 Establishes colors for police lights, tow vehicle warning lights and warning lights on vehicles involved with hazardous materials. Prohibits fire department emergency response vehicle lights HB 2663 2 Oppose from being same color allowed for police lights. 4/07 Allows motor vehicle fuel dealers to retain two percent of fuel tax collected as reimbursement HB 2670 2 Oppose for certain costs. 3/17 HB 2694 2 Oppose Requires only persons under 18 years of age to wear motorcycle helmets. 3/31 Requires Land Conservation and Development Commission to review large urban parks for possible designation as area of state concern and to recommend management plan for each HB 2704 2 Support/Am large urban park and related area of influence. 4/14 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 in favor of local government. Prohibits land use planning goals and administrative rules that conflict with establishing sewer systems serving dwellings clustered in rural areas. HB 2705 2 Oppose Defines 'clustered' and 'local government.' 3/31 13 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Requires contractor and subcontractors on public works project to pay state prevailing wage rates or federal prevailing wage rates, whichever are higher, when project is subject to state HB 2710 2 Support and federal prevailing wage rate laws. 4/21 Establishes procedures by which school district may obtain voter approval to enact local option ~ncome, sales and other taxes. Provides that procedures do not apply to local option property HB 2721 2 Support taxes. Excepts local option tax revenues from offset against State School Fund grants. 4/07 Eliminates authority for city to veto incorporation of proposed city within three miles. Modifies circumstances in which county must reject proposed incorporation of city pursuant to written HB 2722 2 Oppose objection of city within three miles. 4/07 Provides that home address, home telephone number and electronic mail address of public HB 2724 2 Support safety 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 Establishes Safe Routes to Schools Fund. Continuously appropriates moneys in fund to Department of Transportation. Requires department to establish safe routes to schools HB 2742 2 Support program to assist communities. 4/07 Establishes primary dwelling as outright permitted use on lawfully created lot or parcel without HB 2750 2 Oppose regard to whether lot or parcel is employed for farm use. 4/07 HB 2755 2 Oppose/Am Modifies procedures relating to subdividing or partitioning land. 4/07 Allows person with concealed handgun license to purchase firearm without undergoing HB 2768 2 Oppose criminal history record check. 3/31 Requires Department of State Police to destroy records obtained during criminal records HB 2799 2 Oppose check within 24 hours of approval for qualified firearms purchasers. 4/14 Exempts transferor of firearm from performing criminal history record check if purchaser or HB 2801 2 Oppose recipient has concealed handgun license. 3/31 Expands types of equipment or devices that may not be used in motor vehicle when vehicle is HB 2811 2 Oppose/Am driven or moved on highway. 4/07 Limits applicability of 20-mile-per-hour speed limit on highways to times when flashing light is operating and to times posted on signs in school zone. Declares emergency, effective July 1, HB 2827 2 Support 2005. 4/07 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 HB 2830 2 Oppose provided 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 Provides that school zone speed limit applies between 7 a.m. and 7 p.m. on highways with HB 2840 2 Support/Am authorized speed of 30 miles per hour or less. 4/07 14 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 { - Provides that school zone speed limit applies between 7 a.m. and 7 p.m. on highways with authorized speed of 30 miles per hour or less. - } { + Provides that school zone speed limit in school zone adjacent to school grounds applies when flashing light indicates children may be arriving at or leaving school or, if school zone does not have flashing light, between 7 a.m. and 5 p.m. on day school is in session. Provides that school zone speed limit applies in school zones not adjacent to school grounds when flashing light indicates children may be arriving at or leaving school or, if school zone does not have flashing light, when children are present. HB 2840A 2 Support/Am Takes effect July 1, 2006. + } 5/12 Appropriates moneys from General Fund to Department of Education for State School Fund. Limits biennial expenditures of lottery funds allocated to department for State School Fund. Limits biennial expenditures of department from timber tax funds and accounts. Establishes maximum amount department may spend from State School Fund each fiscal year of biennium. Appropriates moneys from General Fund to department for Local Option HB 2858 2 Support Equalization Grants Account. Declares emergency, effective July 1, 2005. 4/07 Applies laws that prohibit discrimination against disabled persons to employers that employ 15 HB 2873 2 Oppose or more persons, rather than six or more persons. 4/07 Establishes Waste Tire Recycling Board. Directs board to develop and administer tire recycling program. Imposes fee on retail sale of new tires. Directs revenue from fees to Waste Tire Recycling Fund. Specifies purposes of Waste Tire Recycling Fund. Continuously HB 2906 2 Support appropriates moneys in Waste Tire Recycling Fund to Waste Tire Recycling Board. 4/14 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 HB 2912 2 Oppose violation of Act. 3/24 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 15 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates standard for fire-safe cigarettes. Requires State Fire Marshal to determine whether cigarette variety meets standard for fire-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 )ublic subject to civil penalty, 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 cigarettes. Makes civil penalty applicable to distributions or offers to HB 2942 2 Support sell occurring on or after July 1, 2006. Prohibits cigarette packages or cartons that bear device 4/07 Modifies property tax exemption for veterans' residences. Indexes exemption amount and maximum eligible gross income levels to cost-of-living changes. Applies to tax years beginning HB 2945 2 Oppose on or after July 1, 2006. 5/05 Prohibits sale of gasoline blended or mixed with methyl tertiary butyl ether in concentrations HB 2949 2 Support greater than six-tenths of one percent by volume. Becomes operative November 1, 2007. 5/12 Moves state forensic laboratories from Department of State Police to Department of Justice. Makes related changes. Directs Department of Justice to establish standards for law enforcement agency communications systems. Requires cities and counties applying for federal grants for certain purposes to submit grant applications to Department of Justice to HB 2961 2 Oppose/Am determine if consistent with standards. 4/21 Requires State Board of Pharmacy to establish electronic database for information reported by drug outlets regarding sale of certain pseudoephedrine products. Restricts access to and limits use of information in database. Directs State Board of Pharmacy to reclassify HB 2962 2 Support/Am methamphetamine from Schedule II to Schedule I. Declares emergency, effective July 1, 2005. 4/14 Broadens class of persons eligible to receive benefits from Public Safety Memorial Fund to HB 2966 2 Support include domestic partners. 4/07 Expands crime of murder to include deaths caused by person driving while under influence of intoxicants if person has specified record. Expands crime of assault in first degree to include injuries caused by person driving while under influence of intoxicants if person has specified HB 2971 2 Support record. 4/14 Exempts public projects for which contract price does not exceed $.__ from prevailing wage rate law. Requires Commissioner of Bureau of Labor and Industries to adjust maximum contract price for exempt projects annually for inflation. Declares emergency, effective on HB 2996 2 Oppose passage. 4/21 16 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Exempts public improvement contract or public works project from competitive bid ,requirements or prevailing wage rate requirements when community group or nonprofit organization contributes 50 percent or more of value of contract or project. Requires contracting agency, in determining value of contract or project, to include value of volunteer HB 2997 2 Oppose labor offered by community group or nonprofit organization. 4/21 Requires pesticide operator, governmental body, public utility or telecommunications utility making applications of pesticide to real property to give notice to State Department of Agriculture before making application. Creates exceptions. Specifies timing and content of notice. Requires department to maintain notice as public record. Makes failure to file proper notice in timely manner punishable by civil penalty not to exceed $1,000 for first violation or $2,000 for subsequent violation. Makes failure to comply with department order to file notice or to correct notice information punishable by civil penalty not to exceed $1,000 for first day of noncompliance and $2,000 for each subsequent day of noncompliance. Imposes additional information requirement for notice or written plan for chemical application involving commercial application of pesticides to certain forestlands. Extends time for making comments regarding notice or written plan for pesticide application. Delays earliest time for proceeding with pesticide HB 3003 2 Support/Am application following submission of written plan. Makes failure to file notice in timely manner su~ 4/07 Authorizes issuance of lottery bonds for transportation projects other than transit projects. Specifies uses of moneys. Sunsets January 2, 2008. Declares emergency, effective July 1, HB 3024 2 Oppose 2005. 4/14 Expands property tax exemption for ethanol production facilities to include biofuel production facilities, including oil seed crushing facilities. Provides for optional participation in exemption by local taxing district. Applies to biofuel production facilities for which application for exemption is first filed on or after January 1, 2006, for tax years beginning on or after July 1, 2006. HB 3030 2 Support Extends sunset date for exemptions. 4/14 Requires diesel fuel sold in state to contain certain percentage of biodiesel. Requires gasoline sold in state to contain certain percentage of ethanol. Requires State Department of Agriculture HB 3033 2 Support to adopt standards for biodiesel and gasoline blended with ethanol. 4/14 Requires governing body of city or county to approve application to divide legal lot or parcel that was unlawfully divided if governing body approved development permit for portion of that HB 3081 2 Oppose legal lot or parcel after unlawful division. 4/14 Specifies that person working for news organization does not commit offense of refusing to assist in firefighting operations if person disobeys lawful order of firefighter or peace officer in order to report on fire. Allows person working for news organization to enter forest area otherwise restricted because of fire or fire hazard for purposes of reporting on fire or fire HB 3083 2 Oppose hazard. 4/21 17 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Exempts complex structure plumbing system plans designed and stamped by professional engineer or registered architect from review for plumbing specialty code compliance. Provides that municipality administering and enforcing building inspection program is not required to review plans for plumbing specialty code compliance. Prohibits Department of Consumer and Business Services and municipalities from charging for reviewing plans for plumbing specialty code compliance. Prohibits department or municipality from ordering work halted on plumbing system based on noncompliance with plumbing specialty code if system is being installed in accordance with plumbing system plans designed and stamped by professional engineer or HB 3092 2 Oppose licensed architect. Specifies exception. 4/14 Creates crime of disorderly conduct in first degree. Punishes by maximum of five years' HB 3115 2 Support ~mprisonment, $125,000 fine, or both. 4/07 Eliminates sunset on certain surcharges on court fees. Provides that additional fees be deposited in Judicial Department Operating Account. Declares emergency, effective July 1, HB 3124 2 Oppose 2005. 4/14 Authorizes owner or group of owners of affected property to pay compensation on behalf of public entity that intends to allow use of property in lieu of paying just compensation under HB 3131 2 Neutral Ballot Measure 37 (2004). Declares emergency, effective on passage. 5/05 Requires reduction in amount of compensation paid to owner of private property who makes claim for compensation under Ballot Measure 37 (2004) for land subject to special assessment or exemption by amount of additional taxes owner would have paid if property was not subject to special assessment or designation as riparian habitat. Declares emergency, effective on HB 3132 2 Support passage. 5/05 Creates private cause of action against owner of private real property that is subject to modification or waiver of land use regulation pursuant to Ballot Measure 37 (2004) for owner of affected private real property that is reduced in value. Declares emergency, effective on HB 3134 2 Support passage. 5/05 Authorizes public entity that resolves or is ordered to pay compensation under Ballot Measure 37 (2004) to pay all or portion of compensation through property tax exemption or income tax HB 3138 2 Oppose credit granted to claimant. Takes effect on 91st day following adjournment sine die. 4/21 Eliminates economic hardship requirements that areas must meet to be designated enterprise zones. Eliminates limitation on number of zones that may be designated. Eliminates 10-year maximum duration of zone designation. Allows zone sponsor to establish all requirements for additional two-year period of exemption and permits greater period of time during which agreement establishing additional period of exemption may be executed. Takes effect on 91 st HB 3143 2 Neut/Am day following adjournment sine die. 4/21 Implements constitutional amendment that authorizes schoOl district to impose property taxes for kindergarten that are not limited by existing constitutional limits on property taxes. Takes HB 3147 2 Support effect on effective date of constitutional amendment. 4/14 18 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates sunset provision for all personal income or corporate excise or income tax expenditures that are not required under federal law, Oregon Constitution or to avoid double HB 3149 2 Support taxation. Creates Oregon Tax Expenditure Commission. 4/21 Deletes provision requiring Land Use Board of Appeals to affirm local government's interpretation of local government's comprehensive plan and land use regulations unless interpretation is inconsistent with express language of, purpose for or underlying policy of plan HB 3202 2 Oppose or regulation or is contrary to statute, goal or rule that plan or regulation implements. 4/21 Establishes fee on gross receipts derived from short-term vehicle rental operations. Transfers net fee revenues to State Police Account. Applies to gross receipts from short-term vehicle HB 3217 2 Oppose rentals occurring on or after January 1, 2006. 4/07 Requires that, when public entity removes, modifies or does not apply land use regulation in lieu of paying just compensation under Ballot Measure 37 (2004), public entity's action is ~ersonal to claimant. Extinguishes removal, modification or nonapplication of land use HB 3220 2 Support regulation after three years. Declares emergency, effective on passage. 5/12 Creates sunset provision for all personal income or corporate excise or income tax expenditures that are not required under federal law, Oregon Constitution or to avoid double HB 3229 2 Support taxation. Creates Oregon Tax Expenditure Commission. 4/21 Requires judgment ordering compensation for claim under Ballot Measure 37 (2004), to identify date claim for compensation accrued. Authorizes issuance of supplemental judgment, if original judgment is not satisfied within two years after date claim for compensation accrued, that allows claimant to use property for purpose for which claimant could use property when HB 3241 2 Oppose acquired. Declares emergency, effective on passage. 4/21 Requires public entity that receives claim for compensation under Ballot Measure 37 (2004) to conduct public hearing prior to making final decision on resolution of claim. Requires public entity to provide notice at least 90 days prior to final hearing relating to claim by first class mail to owners of property within 300 yards of property for which compensation is claimed. Declares HB 3242 2 Oppose emergency, effective on passage. 4/21 Declares that decision of public entity to resolve claim for compensation for land use regulation that purportedly restricts use of private real property and reduces fair market value of property is not land use decision or limited land use decision and is not subject to jurisdiction of Land Use Board of Appeals. Establishes necessary parties and interested parties to resolution, by public entity or by court, of claim for compensation. Declares emergency, effective on HB 3243 2 Oppose passage. 4/21 19 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Requires that, when public entity authorizes use of land by removing, modifying or not applying land use regulation in lieu of paying compensation under Ballot Measure 37 (2004), waiver of land use regulation is extinguished when property is developed pursuant to waiver. Declares development use created pursuant to waiver to be statutorily conforming use that is maintained, improved, replaced or transferred in same manner as comparable use established HB 3244 2 Monitor without reference to Ballot Measure 37 (2004). Declares emergency, effective on passage. 4/21 Prohibits transfer of claimant's interest in judgment entered in action under Ballot Measure 37 (2004), to anyone other than family member of claimant. Declares emergency, effective on HB 3245 2 Support ~assage. 4/21 Requires owner of private real property claiming compensation under Ballot Measure 37 (2004), for land use regulation that purportedly restricts use of property and reduces fair market value of property, to include appraisal of property in written demand claiming compensation. Delays start of 180-day or more period after which compensation becomes due and cause of action may be filed until written demand is completed by submission of appraisal. Declares HB 3246 2 Support emergency, effective on passage. 4/21 Requires owner of private real property who makes written demand under Ballot Measure 37 (2004), for just compensation for land use regulation that purportedly restricts use of property and reduces fair market value of property, to provide title report or abstract identifying all owners of property for which claim is made. Requires that all owners be joined in proceedings with public entity or in cause of action to resolve claim. Declares emergency, effective on HB 3247 2 Support passage. 4/21 Requires public entity that receives claim for compensation under Ballot Measure 37 (2004) to review written demand for completeness and conformity to requirements of Ballot Measure 37 (2004) before paying compensation or granting compensation exception. Requires public entity to conduct public hearing prior to making final decision on resolution of claim. Declares HB 3248 2 Oppose emergency, effective on passage. 4/21 Requires public entity that receives claim for compensation under Ballot Measure 37 (2004) to conduct one or more public hearings prior to making final decision on resolution of claim. Authorizes review of final decision of public entity by circuit court by writ of review. Prohibits HB 3249 2 Oppose review by Land Use Board of Appeals. Declares emergency, effective on passage. 4/21 Authorizes existing county service district to undertake construction, maintenance and HB 3250 2 Oppose operation of up to five types of service facilities without initiating new formation proceeding. 4/21 Imposes tax on purchase price of luxury items. Directs Department of Revenue to deposit moneys in accounts for kindergarten through grade 12 education, community colleges and state institutions of higher education. Establishes Higher Education Support Fund. Continuously appropriates moneys in fund to State Board of Higher Education. Applies to retail sales of HB 3254 2 Support luxury items made on or after January 1,2006. 4/21 20 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Modifies conditions under which local contracting agencies must apply procedure in Public Contracting Code for selecting candidates to provide architectural, engineering or land HB 3272 2 Support/Am ~surveying services. 4/21 Requires Department of Land Conservation and Development and metropolitan service district to notify local governments that perform land use planning of proposed change in land use policy. Requires local governments receiving notice of proposed change in land use policy to HB 3283 2 Oppose notify affected landowners. 4/21 Allows public entity to reduce amount paid in compensation to resolve claim for compensation under Ballot Measure 37 (2004), if cumulative reduction in fair market value of affected properties resulting from compensation exception on claimant's property would be less than reduction in fair market value of claimant's property resulting from imposition of land use HB 3285 2 Oppose regulation restricting claimant's use of property. Declares emergency, effective on passage. 4/21 Creates Noxious Weed Control Fund. Continuously appropriates moneys to State Department of Agriculture. Establishes permissible expenditures from fund. Establishes tax credit for gifts, HB 3316 2 Support/Am grants or donations to fund. 4/21 Requires that local government pay attorney fees and costs of Attorney General incurred by reason of judicial proceedings related to unlawful action by local government. Requires that Attorney General pay attorney fees and costs of local government incurred by reason of judicial proceedings challenging legality of action by local government if court determines that action HB 3317 2 Oppose was legal. 4/21 HB 3326 2 Oppose Requires waiver of local government business license fees for veterans. 4/21 Directs State Department of Energy to investigate means to reduce energy consumption in state-owned or state-funded buildings and school district buildings. Requires department to prepare plan for submission to Seventy-fourth Legislative Assembly for making state-owned or state-funded buildings and school district buildings more energy efficient and installing renewable energy systems. Appropriates moneys from General Fund to department for preparation of plan. Directs department to encourage public bodies to apply for funding to implement energy efficiency and renewable energy projects. Requires contractors and subcontractors working on certain energy efficiency and renewable energy projects to utilize apprenticeship programs and develop relationships with apprenticeship preparation programs. Expands definition of 'eligible state agency' to include all public bodies for purposes of statutes HB 3328 2 Support/Am relating to small scale local energy projects. 4/21 Defines 'exclusive farm use zone' for purposes of zoning and planning and for purpose of HB 3349 2 Support approving special assessment of land for property taxation. 5/05 Authorizes city or county to approve application to divide specified rural residential areas of HB 3351 2 Oppose land into lots or parcels of two acres or more. 4/21 Creates crime of making false accusation of sexual abuse. Punishes by maximum of five HB 3364 2 Oppose lyears' imprisonment, $125,000 fine, or both. 4/14 21 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 that percentage of total costs of projects 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 HB 3369 2 Oppose ~lan area. 4/21 Allows State Treasurer to define 'collateral' and establish amounts for purpose of securing deposits of public funds. Substitutes collateral requirement for certificates of participation with regard to depositories of public funds. Provides that if collateral deposited by particular depository is inadequate to reimburse loss of public funds, State Treasurer may assess collateral of other depositories. Specifies circumstances under which depositories may opt out HB 3376 2 Support/Am of provision. 4/21 Requires Commissioner of Bureau of Labor and Industries to adopt rules for determining which prevailing wage rates are in effect and apply to public works contract exempted from HB 3382 2 Neutral competitive bidding requirements. 4/21 Requires contractor or subcontractor on public works contract to pay prevailing wage rates to workers who manufacture or fabricate nonstandard items made to order for public works, HB 3383 2 Support whether work is done on or off public works site. 4/14 Prohibits units of local government and special districts that enter into cooperative agreement HB 3389 2 Neut/Am providing library services from excluding other entities from providing library services. 4/21 Requires Economic Revitalization Team to establish application procedure for review and consideration of land use and environmental permits and approvals required for construction of traded sector industrial project. Establishes Industrial Siting Council to act as single point of entry for land use and environmental permits and approvals. Directs council to establish one or more advisory committees. Authorizes council to coordinate review and consideration of permits and approvals relating to eligible project and to issue site certificate authorizing HB 3392 2 Oppose construction of project when permits and approvals are granted. 4/28 Authorizes county to impose and collect school impact fee on new residential development for transfer to school districts to pay for new school construction or capital improvements. Limits HB 3399 2 Support fee to no more than three percent of new residential development costs. 4/21 22 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Establishes Environmental Investment Trust Fund. Establishes Reimbursement Account within trust fund. Continuously appropriates moneys in account to Department of Land Conservation and Development for distribution to public entities for reimbursement for payment of claims under Ballot Measure 37 (2004). Establishes Public Parks Account within trust fund. Continuously appropriates interest on moneys in account to Department of Land Conservation and Development for distribution to cities for purchase of new public park space. Requires corpus of account to be invested. Creates environmental investment trust registration plate. Imposes $15 surcharge for registration plate. Directs that moneys from surcharge on registration plate be transferred to trust fund. Appropriates moneys from General Fund to 'Department of Transportation for purpose of initiating environmental investment trust registration plate program. Directs Department of Revenue to establish charitable checkoff on ~ersonal income tax return forms or instructions for checkoff contributions to Environmental HB 3411 2 Support/Am Investment Trust Fund. Authorizes deposit of contributions in trust fund. Applies to biennial year 5/05 Imposes tax on diesel fuel. Increases truck registration fees. Repeals weight mile tax and fiat HB 3447 2 Monitor fees. 4/28 Urges Congress to extend Secure Rural Schools and Community Self-Determination Act of HJM 0001 2 Support 2000 through 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 HJM 000lA 2 Support 2000 through federal fiscal year 2016 and to fund Act with mandatory, continuing appropriation. 3/09 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 Proposes amendment to Oregon Constitution to dedicate percentage of net proceeds from State Lottery to fund services for prekindergarten children. Refers proposed amendment to people for their approval or rejection at special election held on same date as next primary H JR 0010 2 Support election. 4/21 Proposes amendment to Oregon Constitution to permit school districts to impose temporary property taxes that would not be subject to constitutional property tax limits in order to fund kindergarten classes. Requires tax revenues to be used only for kindergarten. Requires approval by voters in election that satisfies double majority voter participation requirements or is general election in even-numbered year. Refers proposed amendment to people for their H JR 0037 2 Support approval or rejection at special election held on same date as next primary election. 4/14 SB 0044 2 Support Extends sunset of underground storage tank fee. Declares emergency, effective on passage. 2/17 23 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Allows Department of Environmental Quality to issue individual, general or watershed water ~ollution 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 SB 0045 2 Support fees for certain permits based on anticipated cost of program. 1/25 Allows Department of Environmental Quality { + or State Department of Agriculture + } to issue individual, general or watershed water pollution discharge permits. { - Allows department to issue permits by order. - } { + Specifies that departments may issue permits by order or rule. + } Allows { - department - } { + departments + } to use fees from water pollution discharge permits to administer any water pollution control program. Directs Department { + of Environmental Quality + } to report annually to Environmental Quality Commission and legislature on administration of watershed approach to permits. Allows commission to increase SB 0045A 2 Support fees for certain permits based on anticipated cost of program. 4/21 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 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 SB 0100 2 Oppose plans and land use regulations to conform to new statewide land use planning goals. 3/31 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 SB 0127 2 Support law to report as sex offender. 2/11 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 SB 0176 2 Support enforce prohibition of unlawful practices based on sexual orientation. 3/09 24 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 precursor 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 possession of lithium metal or sodium metal. Punishes by maximum of one year's ~mprisonment, $6,250 fine, or both. Expands crime of theft in first degree to include theft of ~recursor 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 year's imprisonment, $6,250 fine, or both. Creates crime of unlawful distribution of iodine in elemental form. Punishes by maximum of one year's ~mprisonment, $6,250 fine, or both. Creates crime of unlawful distribution of iodine matrix. SB 0183 2 Support Punishes by maximum of one year's imprisonment, $6,250 fine, or both. 2/17 Allows public servant or public servant's employer to seek injunction against person engaging ~n certain criminal conduct directed at public servant and related to public servant's employment. Allows person subject to injunction to request hearing within 30 days after order SB 0218 2 Support served. 2/17 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 { + or status as elected or appointed public servant + }. Allows person subject to SB 0218A 2 Support injunction to request hearing within 30 days after order served. 4/21 Establishes minimum amount of participation in physical education by kindergarten through SB 0228 2 Neutral grade 8 public school students. Specifies requirements for physical education instruction. 2/11 Requires places of public accommodation to remove barriers and provide auxiliary aids and services when necessary to provide disabled persons access to goods, services and facilities offered by places of public accommodation. Provides exceptions. { + Declares emergency, SB 0235A 2 Support effective on passage. + } 4/07 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 SB 0241 2 Support violation. Provides exceptions. 3/24 Reduces penalty for driving while under influence of intoxicants if person was operating SB 0261 2 Oppose/Am nonmotorized vehicle. 4/21 Requires that statement made by defendant during custodial interrogation be recorded SB 0265 2 Oppose electronically to be admissible as evidence against defendant. Provides exceptions. 4/28 25 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Prohibits facially neutral housing policy that adversely impacts disabled persons or other 3ersons 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 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 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- SB 0299 2 Support unit housing property tax exemption. Creates crime of housing intimidation. Punishes by maxim~ 3/09 Specifies circumstances under which peace officer and corrections officer may use deadly physical force. Requires recording of grand jury proceedings under certain circumstances. Allows disclosure of record unless certain findings are made. Requires district attorney to investigate incidents in which public safety officer's use of deadly physical force results in death or serious physical injury. Requires Attorney General to review investigation and to provide SB 0301 2 Support/Am other assistance. Declares emergency, effective on passage. 0/00 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. Repeals Ballot Measure 37 (2004). Takes effect on effective date of constitutional amendment or revision that exempts taxes imposed under Act SB 0308 2 Oppose from property tax limitations in Oregon Constitution. 3/17 Requires Director of the Department of Consumer and Business Services to adopt rules specifying limitations on travel for workers attending required medical examinations for workers' compensation claims and requiring distribution of educational materials about examination process to workers by insurers and self-insured employers. Requires Board of Medical Examiners to adopt professional and ethical standards and to establish and maintain list of physicians qualified to conduct required medical examinations for workers' compensation claims. Requires board to adopt process for investigation of complaints about required medical SB 0311 2 Oppose examinations. 1/25 Expands crime of unlawful distribution of ephedrine, pseudoephedrine or phenylpropanolamine by requiring record of sale or transfer. Provides exception for products SB 0313 2 Support sold in certain form. 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 S B 0324 2 Oppose body. 2/17 26 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Directs Environmental Quality Commission to adopt regulations implementing California motor SB 0344 2 Support vehicle emission standards beginning with 2009 model year. 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 SB 0350 2 Oppose compensation. Declares emergency, effective on passage. 3/09 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 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 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 SB 0406 2 Oppose that exempts taxes imposed under Act from property tax limitations in Oregon Constitution. 3/17 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 SB 0420 2 Support/Am activities of commission. Declares emergency, effective on passage. 2/24 Requires percentage of estimated total cost of all urban renewal projects proposed to be undertaken under urban renewal plan to be for affordable housing. Requires amendment to existing plans to provide for percentage of total costs of projects to be for affordable housing. Permits municipality to opt out of affordable housing requirements if governing body of municipality finds 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 SB 0425 2 Neutral housing outside urban renewal district. 2/17 Clarifies exceptions to exclusive jurisdiction of Land Use Board of Appeals to review land use SB 0431A 2 Support decisions and limited land use decisions. 4/28 27 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 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 SB 0478 2 Oppose interest accruing on or after January 1, 2006. 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 SB 0492 2 Support Revises laws regarding driver duties to certain pedestrians. 3/24 SB 0492A 2 Oppose/Am Revises laws regarding driver duties to certain pedestrians. 5/12 Prohibits Environmental Quality Commission from establishing water quality standards that are SB 0532 2 Support less stringent than standards previously established. 4/14 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 SB 0539 2 Oppose water suppliers for initial costs of fluoridation. 2/24 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 Expands crime of criminal impersonation of peace officer to prohibit wearing law enforcement uniform { - to deceive others in commission of crime - } { + with intent to obtain benefit or to SB 0547A 2 Support injure or defraud another person + }. 4/21 Limits use of cellular telephones for dispatch by public safety answering point that receives 9-1 SB 0582 2 Oppose 1 emergency calls. 3~24 Requires caption of ballot title of state measure that revises Oregon Constitution or that amends statutes to contain phrase 'Revises Constitution' or 'Amends Statutes. ' Requires ballot containing state measures to list measures that revise or amend Oregon Constitution under heading 'Changes to Oregon Constitution.' Requires ballot to list state measures involving initiative proposed law or referred Act of Legislative Assembly under heading 'Changes to SB 0587 2 Support 'Oregon Statutes.' 4/28 Establishes property tax special assessment program for land subject to conservation easements. Allows land presently subject to farm use or forestland special assessment to be transferred to conservation easement special assessment without payment of additional tax. SB 0593 2 Support Applies to tax years beginning on or after July 1, 2006. 5/05 Requires person maintaining or possessing identifying information to take measures to ~rotect against unauthorized access to or use of information prior to disposal or destruction of SB 0630 2 Support/Am information. 3/09 28 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 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 SB 0651 2 Oppose construction of dwelling. 3/09 Directs Department of Environmental Quality to create program for testing for toxic substances SB 0652 2 Support in fish found in waters of state. 4/14 Directs Department of Environmental Quality to establish program for testing of waters and sediment in Willamette River and its tributaries. Directs Oregon Watershed Enhancement Board to prioritize funding of restoration and enhancement of habitat within Willamette River basin. Allows State Parks and Recreation Department to use lottery moneys to finance SB 0653 2 Support acquisition of land and easements in Willamette River Greenway. 4/14 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 part 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 SB 0657 2 Oppose or zone change within 90 days after application is deemed complete, with specified exceptions. 3/09 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 land application of reclaimed water, agricultural or industrial process water or biosolids is SB 0681 2 Oppose/Am allowed. 3/24 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 SB 0699 2 Oppose incorporated. Declares emergency, effective on passage. 3/09 29 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0706 2 Support violation. Allows attorney fees. Imposes civil 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 SB 0707 2 Oppose action or otherwise, is less than 90 percent of amount of claim stated in notice of claim. 3/24 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 idevelopment permits, building permi.ts or actions that affect marginal and isolated wetlands. SB 0710 2 Oppose Declares emergency, effective on 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 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, SB 0738 2 Support effective on passage. 3/17 30 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 { - 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. - } { + Directs State Fire Marshal to test each variety of cigarette sold in state to determine if variety is fire-safe and to publish list of varieties determined to be tire-safe. Prohibits distribution or sale of cigarette within state unless cigarette is of variety listed as tire-safe. Allows State Fire Marshal to impose civil penalties for unlawful distribution or sale. Appropriates moneys recovered from imposition of civil penalties to Department of State Police for use by office of State Fire Marshal for fire safety, enforcement and fire prevention programs. + } Declares SB 0738A 2 Support emergency, effective on passage. 4/28 Requires cities and counties to establish registry of urban planners qualified to act in lieu of planning and zoning hearings officers to review application for development permit. Authorizes applicant to choose to have qualified urban planner act in lieu of hearings officer to review SB 0869 2 Oppose application for development permit. 4/07 SB 0894 2 Oppose Defines 'freight route' for purpose of prohibition on reduction of capacity of state highways. 3/09 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' 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 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 SB 0907 2 Support Services under certain circumstances. 3/17 SB 0910 2 Support Expands list of places declared to be public nuisances subject to enjoinder and abatement. 3/17 31 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 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. 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 pseudoephedrine. 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 SB 0912 2 Support fine, or both. Creates crime of unlawful distribution of iodine in elemental form. Punishes by 3/09 Provides immunity under certain circumstances for person reporting possession of or transaction involving precursor substance. 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. 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 pseudoephedrine. 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 SB 0912A 2 Support fine, or both. Creates crime of unlawful distribution of iodine in elemental form. Punishes by 5/05 Creates standard for fire-safe cigarettes. Requires State Fire Marshal to determine whether cigarette variety meets standard for fire-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 penalty 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 cigarettes. Makes civil penalty applicable to distributions or offers to SB 0931 2 Support sell occurring on or after July 1, 2006. Prohibits cigarette packages or cartons that bear device 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 32 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 SB 0974 2 Support Resolution 29 (2005) is approved by people at next regular general election. 3/24 Creates crime of trafficking in persons in first degree. Punishes by maximum of 20 years' imprisonment, $375,000 fine, or both. Creates crime of trafficking in persons in second degree. Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. Creates civil cause of action for damages caused by persons engaging in trafficking. Provides immunity from criminal ~rosecution for victims of trafficking. Creates Task Force on Trafficking in Persons. Declares SB 0993 2 Support emergency, effective on passage. 4/07 Requires public contracting agencies to document determination of lowest responsible bidder on form prescribed by Commissioner of Bureau of Labor and Industries and submit form to SB 1006 2 Support commissioner. 4/14 Requires that school site or developable area outside urban growth boundary and urban reserve area that is identified by high growth school district is deemed to be urban reserve area. Requires local government to include school site or developable area within urban growth boundary if high growth school district establishes that school site or developable area as appropriate will receive adequate urban services pursuant to urban services agreement or SB 1032 2 Oppose otherwise. 4/28 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 S JR 0001 2 Monitor people for their approval or rejection at next regular general election. 2/11 Proposes amendment to Oregon Constitution to allow Legislative Assembly, and people of state, to modify remedies in common law causes of action. Refers proposed amendment to people for their approval or rejection at special election held on same date as next primary S JR 0016 2 Monitor election. 4/28 Proposes amendment to Oregon Constitution to increase percentage of net proceeds from State Lottery that must be deposited in education stability fund. Increases cap on education stability fund. Increases amount to be placed in school capital matching account when cap on education stability fund is met. Refers proposed amendment to people for their approval or S JR 0019 2 Support rejection at next regular general election. 4/21 33 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 S JR 0022 2 Support approval or rejection at special election held on same date as next primary election. 3/17 Creates crime of hindering assistance animal in second degree. Punishes by maximum of one year'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 HB 2022 3 Support/Am statutes describing dog as public nuisance. Increases fine for certain nuisances involving dogs. 2/11 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 HB 2034 3 Support collateral in 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 Increases Housing and Community Services Department revenue bond limit. Deletes HB 2052 3 Monitor provisions relating to repealed section of Internal Revenue Code. 2/11 Provides that licenses issued by Oregon Liquor Control Commission are valid for two years instead of one year. Establishes nonrefundable initial application fee of $400 for processing initial application for license issued by commission. Allows commission to waive initial application fee based on criteria established by commission rule. Allows commission to issue HB 2056 3 Oppose temporary letter of 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 HB 2067 3 Support on 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 HB 2068 3 Support for 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 HB 2082 3 Monitor Act. Declares emergency, effective on passage. 2/11 34 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Eliminates requirement that seller of property with water right notify Water Resources Department of sale. Repeals requirement that person owning property on which we s dr ed record information on well in deed records. Repeals provisions relating to water use registrationI HB 2083 3 Monitor when use 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 speed on highways by process established by rule. Declares emergency, effective HB 2116 3 Support 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, HB 2123 3 Neutral effective on 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. HB 2124 3 Monitor Provides civil and criminal penalties. 2/11 Expands authority of Governor to assign fire-fighting resources across jurisdictional HB 2155 3 Oppose boundaries when certain conditions exist. 2/17 Authorizes local governments by ordinance to require fingerprinting of certain persons for purposes of criminal records checks. Provides that authorized agency may request state and nationwide criminal records checks from Department of State Police. Requires authorized agency to adopt rules to implement criminal records check authority. Defines 'authorized agency. ' Authorizes specified agencies to require fingerprinting of certain persons for purposes HB 2157 3 Monitor of criminal records checks. Makes related changes. 5/12 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- HB 2163 3 Monitor service scheduled transportation of persons. 2/11 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 35 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 HB 2185 3 Neutral under influence of intoxicants. 2/11 Moves oversight of vertical housing development zone program from Economic and Community Development Department to Housing and Community Services Department. Broadens definition of 'vertical housing development project' to include projects that have residential and nonresidential uses in any portion of project. Authorizes Housing and Community Services Department to establish criteria for determining when to certify property for partial property tax exemption. Encourages development of residential housing in vertical housing development project that is reserved for persons or families with limited income. Takes HB 2199 3 Support effect on 91st day following adjournment sine die. 2/11 Moves oversight of vertical housing development zone program from Economic and Community Development Department to Housing and Community Services Department. Broadens definition of 'vertical housing development project' to include projects that have residential and nonresidential uses in any portion of project. Authorizes Housing and Community Services Department to establish criteria for determining when to certify property for partial property tax exemption. Encourages development of residential housing in vertical housing development project that is reserved for persons or families with limited income. Takes HB 2199A 3 Support effect on 91st day following adjournment sine die. 4/28 Allows state agency to send notice of intended rulemaking action to interested persons by e- HB 2204 3 Neutral mail. 2/11 Establishes rules and procedures for establishing record when petition for judicial review is filed in circuit court challenging order other than contested case issued by state agency. Allows person who 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 HB 2208 3 Monitor substitute its judgment for that of agency as to any issue of fact or agency discretion. 2/11 36 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Makes technical corrections to Public Contracting Code. Exempts certain energy savings ~erformance 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 ~mprovement 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 required bond amount. Declares emergency, HB 2214 3 Support effective March 1, 2005. 3/17 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 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 name and address of person who provided unwritten report, opinion or HB 2268 3 Monitor estimate. 2/17 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 name and address of person who provided unwritten report, opinion or HB 2268A 3 Monitor estimate. 4/14 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 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 Increases penalties for intimidation in second degree under certain circumstances to HB 2321 3 Support maximum five years' imprisonment, $125,000 fine, or both. 2/11 37 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 payment of catastrophic fire insurance. Declares emergency, effective March 1 HB 2327A 3 Monitor 2005. 2/11 Requires law enforcement agencies to complete investigations of certain cases of alleged HB 2335 3 Support child 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 HB 2337 3 Oppose aside 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 Authorizes combination of three vehicles to be operated on highway under specified HB 2353 3 Monitor circumstances. 2/01 Imposes fine and mandatory imprisonment for person convicted of driving while under influence of intoxicants if person had 0.20 percent or more by weight of alcohol in blood of HB 2360 3 Neut/Am person at time of offense. 4/14 Requires revocation of driving privileges of persons convicted of misdemeanor driving under HB 2361 3 Support influence of intoxicants for third or subsequent time. 4/21 Authorizes use of photo radar in Lake Oswego, Milwaukie and Roseburg. Removes requirement that photo radar equipment be operated by uniformed police officer from marked HB 2364 3 Neutral police vehicle. 2/11 Eliminates civil liability of seller or manufacturer of firearm or ammunition for damages HB 2373 3 Neutral resulting from unlawful use of firearm. Specifies exceptions. 2/11 Creates crime of refusal to identify. Punishes by maximum of 30 days' imprisonment, $1,250 HB 2390 3 Neut/Am fine, or both. 2/11 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. HB 2411 3 Support Requires 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 HB 2415 3 Drop predeceased abused person. 2/17 38 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates tax credit for cost taxpayer actually paid for providing home purchase assistance to employee of taxpayer. Applies to costs actually paid for home purchase assistance in tax years HB 2417 3 Oppose beginning on or after January 1, 2006. 2~24 Expands state no call program and regulation of unlawful telephone solicitations to include all telephone customers of telecommunications companies. Authorizes Attorney General to designate federal do not call registry in lieu of contracting for administration of separate state registry. Requires Attorney General, if requested, to instruct party on how to register with HB 2424 3 Support federal agency that maintains federal registry. Declares emergency, effective on passage. 2/17 Creates crime of unlawful marketing of tobacco products. Punishes by maximum one year's HB 2432 3 Monitor imprisonment, $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 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. 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 HB 2455 3 Support effect on 91st day following adjournment sine die. 2/24 Grants reciprocity to persons holding concealed handgun licenses or permits issued by other HB 2456 3 Oppose states. 3/09 HB 2463 3 Oppose Exempts unemployment benefits from state personal income tax. 3/09 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 for watering lawns, grounds or fields of public or private kindergarten through HB 2473 3 Oppose grade 12 schools. 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 HB 2484 3 Monitor within urban growth boundary. 3/09 39 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 HB 2486 3 Support on 91st day following adjournment sine die. 3/09 Changes date of primary election from third Tuesday in May to third Tuesday in September in even-numbered years. Retains presidential preference primary election in May. Modifies period for filing and conducting election contests, recounts and actions for false campaign statements following primary election. Directs Secretary of State to print single September voters' pamphlet. Changes deadlines for filing for nomination or election to office and for filing HB 2504 3 Oppose information relating to candidates and measures with election officials. 3/09 Creates Task Force on Sodium Azide. Sunsets task force on date of convening of next HB 2507 3 Support legislative session. Declares emergency, effective on passage. 2/24 Authorizes Office of Rural Health to certify psychologists with rural practices as eligible for rural medical practice income tax credit. Directs office to adopt criteria for eligibility. Directs office to begin certifying individuals on or after January 1, 2009. Applies to tax years beginning HB 2514 3 Support on or after January 1, 2009. 3/17 Eliminates requirement that Oregon Veterans' Home collect 10,000 signatures in order to qualify for instruction listing for charitable checkoff contributions on personal income tax forms. Applies to biennial years beginning on or after effective date of Act. Takes effect on 91 st day HB 2516 3 Support following adjournment sine die. 3/17 Specifies that public lands used for wildlife management purposes must be accessible for hunting. Requires State Fish and Wildlife Commission to avoid making management determinations that result in net loss of public lands used for wildlife management purposes that are open to hunting. Directs State Fish and Wildlife Director to report to Legislative HB 2529 3 Oppose Assembly on acreage of public lands accessible for hunting. 3/09 Allows personal income taxpayers to subtract amounts paid as personal interest from taxable HB 2530 3 Oppose income. Applies to tax years beginning on or after January 1, 2006. 3/31 Establishes legislative task force to conduct review of current laws, statutes and rules and to develop plan for implementation of streamlined permitting process to promote economic HB 2535 3 Monitor development in Oregon. Declares emergency, effective on passage. 3/09 Requires Department of Land Conservation and Development and Economic and Community Development Department to assess current level of and develop methods to improve economic HB 2537 3 Monitor development planning assistance to local governments. 3/09 40 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Extends time within which Court of Appeals must hear oral argument in judicial review of final order issued by Land Use Board of Appeals. Allows court to extend time for parties to brief HB 2544 3 Support/Am case for judicial review. 3/31 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 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 Advisory Committee to review statewide material recovery goals and make H B 2592 3 Oppose recommendations. 3/17 Makes temporary fee schedule for hazardous waste disposal facilities permanent. Continuously appropriates moneys from portion of hazardous waste management fees to HB 2593 3 Support Department of 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. HB 2597 3 Oppose Applies to tax years beginning on or after January 1, 2006, and before January 1, 2012. 3/17 Exempts from public disclosure personal information about customers of public body providing HB 2599 3 Support water, sewer or storm drain services. 4/21 Exempts from public disclosure personal information about customers of public body HB 2599A 3 Support providing water, sewer or storm drain services. 4/21 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 HB 2603 3 Oppose functions of Secretary of State 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 Requires person to provide color of vehicle in application for vehicle registration. Requires Department of Transportation to include color of vehicle on registration card and in department HB 2610 3 Support records. 4/07 41 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates crime of criminal mistreatment in first degree. Punishes by maximum of 10 years' HB 2613 3 Support imprisonment, $250,000 fine, or both. Reclassifies existing crimes of criminal mistreatment. 4/07 Requires that person obtaining signatures on state initiative or referendum petition provide written description of petition to each person signing petition. Applies to petitions for state HB 2627 3 Monitor initiative and referendum measures to be voted on after November 2006 general election. 4/07 Modifies threshold level of value of gross estate at which inheritance tax return is required to HB 2629 3 Oppose be filed. 4/07 { - Modifies threshold level of value of gross estate at which inheritance tax return is required to be filed. - } { + Modifies Oregon inheritance tax. Imposes tax as percentage of taxable estate. Establishes tax rate table for taxable estates of decedents who die on or after January 1, 2007, and before January 1, 2009. Establishes threshold level of value of taxable estate for HB 2629A 3 Oppose decedents who die on or after January 1, 2009. + } 4/28 HB 2649 3 Monitor Allows certain municipal corporations to publish budget summary on website. 4/07 Allows counties to adopt ordinances regulating, restricting or prohibiting discharge of firearms HB 2651 3 Support within urban growth boundary. 4/07 Provides tax credit for certain expenses of home school education for eligible child. Applies to HB 2653 3 Oppose tax years beginning on or after January 1, 2006. 4/07 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 HB 2657 3 Oppose functions of Secretary of State for two months is transferred to General Fund. 4/07 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 Increases amount certain witness is entitled to receive for each day's attendance and for HB 2676 3 Support mileage reimbursement. 4/07 Establishes credit against income taxes for amounts incurred in paying for medical care, including premiums paid for health insurance or health benefit plans. Applies to tax years HB 2688 3 Oppose beginning on or after January 1, 2006. 4/07 Requires solicitations for public improvement contracts to include statement identifying HB 2711 3 Neutral funding sources for project. 4/14 42 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Establishes Construction Consumer Fund for purpose of paying claims not satisfied due to exhaustion of construction contractor's surety bond. Provides for moneys from civil penalties assessed by Construction Contractors Board to be deposited in fund. Eliminates partial distribution of civil penalty moneys to board. Appropriates fund moneys to Construction HB 2714 3 Neutral Contractors Board for carrying out purpose of fund. 4/14 Authorizes city or county to create community forest authority. Authorizes community forest authorities to issue revenue bonds or other revenue obligations to acquire and maintain private HB 2729 3 Neutral forest lands. Declares emergency, effective on passage. 4/07 Directs Department of Revenue to establish general tax amnesty program of limited duration. Waives penalties for taxpayers who pay outstanding taxes. Takes effect on 91 st day following HB 2758 3 Support adjournment sine die. 4/07 Prohibits paying or receiving compensation based on number of signed voter registration HB 2760 3 Support cards person collects. 4/07 Requires that one in every four accessible parking spaces for disabled persons be van accessible or, if more than four spaces are designated as accessible, then one in every eight be van accessible. Requires that van accessible parking spaces have orange sign marked 'VVheelchair User Only' and be striped and marked in orange with International Symbol of Access. Requires access aisle be striped orange. Requires Department of Transportation to issue wheelchair placards or decals. Prohibits persons from parking in van accessible parking space signed or marked 'VVheelchair User Only ' unless vehicle displays wheelchair placard or H B 2762 3 Oppose decal. 4/07 Requires Department of Transportation to ensure that when highway lanes merge, traffic in left HB 2769 3 Oppose lane merges into right lane. 4/07 Modifies requirements for formation and merger of people's utility districts and for annexation HB 2773 3 Monitor of territory to existing people's utility district. 4/21 Eliminates sunset date on historic property special assessment program. Expands types of HB 2776 3 Support property for which owner may reapply for second 15-year period of special assessment. 4/07 Requires as special condition of probation, post-prison supervision and parole that certain sex HB 2784 3 Support offenders not live within 1,000 feet of school. 4/07 Provides that sheriff has supervisory and final authority over county local correctional facilities, Iockups, temporary holds and corrections supervision services. Provides that unit of county government that employs certified police officers or corrections officers is under direct HB 2794 3 Neut/Am supervision and authority of county sheriff. 4/14 Grants reciprocity to persons holding concealed handgun licenses or permits issued by other HB 2802 3 Oppose states. 3/31 Authorizes for-hire carriers and private carriers to operate vehicles with combined weight of 16,000 pounds or less in high occupancy vehicle lane if displaying high occupancy vehicle use permit in rear window or on rear bumper. Creates offense of improper use of high occupancy HB 2807 3 Oppose vehicle use permit. Punishes by fine of $360. 4/07 43 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Reclassifies certain crimes against animals to double maximum fine when crime is committed on premises with eight or more animals, including victim. Makes reclassified crimes of animal abuse in second degree, animal neglect in second degree and animal abandonment ~unishable by maximum of six months' imprisonment, $5,000 fine, or both. Makes reclassified crimes of animal abuse in first degree (ordinary circumstances), animal neglect in first degree and sexual assault of animal punishable by maximum of one year's imprisonment, $12,500 fine, or both. Makes reclassified crimes of animal abuse in first degree (special circumstances) and aggravated animal abuse in first degree punishable by maximum of five years' HB 2813 3 Support imprisonment, $250,000 fine, or both. 4/14 Requires filing of not less than 10 percent and not more than 15 percent of total number of signatures required on state initiative petition to obtain ballot title. Specifies duties of Secretary of State, Attorney General and chief petitioner relating to ballot title and form of petition. Defines constitutional procedural requirement. Requires Secretary of State to determine compliance with constitutional procedural requirements. Prohibits circulation of state initiative measure if initiative measure fails to comply with constitutional procedural requirements. Applies to state initiative petitions for which prospective petition is filed on or after effective date HB 2816 3 Monitor of Act. Declares emergency, effective on passage. 4/28 Increases penalty to $720 for some instances of causing unreasonable noise with vehicle and HB 2822 3 Support for operation without proper exhaust system if exhaust system does not meet noise standards. 4/07 Increases hours of community service that may be imposed for graffiti related offenses. Increases sentence for unlawfully applying graffiti. Creates crime of offensive littering in first HB 2854 3 Support degree. Punishes by maximum of six months' incarceration, $2,500 fine, or both. 4/07 HB 2857 3 Neutral Increases fines for violations and misdemeanors. 4/07 Limits ability of Director of Department of Consumer and Business Services to adopt building codes and standards that differ from nationally recognized model codes. Requires director to HB 2872 3 Oppose conform existing codes and standards no later than January 1, 2010. 4/21 Prohibits Oregon Transportation Commission from designating part of Oregon Route 126 as HB 2880 3 Monitor freight route. 4/07 Requires that water quality standards established by Environmental Quality Commission meet certain scientific criteria. Requires commission to consider natural factors in developing HB 2882 3 Oppose standards of quality and purity for waters of state. 4/21 Directs Water Resources Department to prepare inventory of potential surface water storage sites in state. Appropriates moneys from General Fund to department. Declares emergency, HB 2883 3 Support effeCtive on passage. 5/05 Eliminates requirement that public library maintain actual operating expenditures for public library services, or maintain percentage of property taxes dedicated to local library services, in HB 2916 3 Support order to be eligible for state financial assistance. Declares emergency, effective June 30, 2005. 4/07 44 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Declares public policy concerning awarding state public contracts for personal services to Oregon citizens and Oregon businesses. Establishes solicitation and contract requirements for state personal services contracts exceeding $1 million. Requires state agencies to evaluate bids and proposals based, in part, on payroll to be paid by contractor to employees inside and HB 2923 3 Monitor outside Oregon. Provides exemptions. Declares emergency, effective on passage. 4/14 Directs State Forester to recognize costs to nonindustrial private forestland owners of providing public benefits through management of forestland. Specifies conditions under which HB 2930 3 Oppose development of regulatory changes for nonindustrial private forestland will succeed. 4/14 Requires public entity that receives claim for compensation under chapter 1, Oregon Laws 2005, to conduct one or more public hearings prior to making final decision on resolution of claim. Authorizes review of final decision of public entity by circuit court by writ of review. HB 2931 3 Oppose Prohibits review by Land Use Board of Appeals. Declares emergency, effective on passage. 4/14 Requires local governments that provide transportation services to public to provide free HB 2932 3 Neutral passes to veterans. 4/14 Makes technical, conforming and form and style changes to statutes requiring instruments to be filed with or presented for recordation to county clerk. Clarifies whether specified HB 2938 3 Monitor instruments are to be filed with or presented for recordation to county clerk. 4/28 Prohibits Department of Transportation from including person's identifying information on disabled person parking permit placards and decals issued to individual or family. { + Authorizes department to require decal or placard to include not more than four digits of driver HB 2946A 3 Support license or identification card number of person to whom decal or placard is issued. + } 5/12 Specifies that orders of Environmental Quality Commission are appealable as orders other HB 2948 3 Oppose than contested cases. 4/21 Eliminates offset from State School Fund grant for property taxes of school district that are imposed on new construction or other exceptions to general rule determining assessed value of property. Eliminates offset for two tax years following determination of assessed value under exceptions. Specifies that taxes imposed by school district on exception value be distributed to school district instead of urban renewal district if exception value also constitutes increment value in urban renewal area of certain urban renewal plans. Requires that moneys distributed to school district under Act be used for capital projects. Applies to tax and fiscal years beginning on or after July 1, 2007. Refers Act to people for their approval or rejection at special HB 2964 3 Support election held on same date as next primary election. 4/14 Creates separate crimes for manufacture, delivery and possession of methamphetamine, HB 2973 3 Oppose cocaine, heroin, marijuana and 3,4-methylenedioxymethamphetamine. 4/14 45 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Requires notification to crime victim when person who committed crime is going to be released HB 2974 3 Support from mental health facility to which person has been committed. 4/14 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 Modifies time periods for which records of financial institution may be disclosed to law enforcement authorities. Expands definition of financial institution to include trust companies. HB 2982 3 Support Expands definition of financial records to include electronic documents. 4/14 Imposes additional information requirement for notice or written plan for chemical application involving commercial application of pesticides to certain forestlands. Extends time for making comments regarding notice or written plan for pesticide application. Delays earliest time for ~roceeding with pesticide application following submission of written plan. Makes failure to timely file notice subject to civil penalty, not to exceed $5,000. Makes failure to comply with State Forester order to file notice or to correct notice information punishable by civil penalty, not HB 3002 3 Support to exceed $5,000 for each day of noncompliance. 4/07 Prohibits disclosure of public records relating to criminal investigation or prosecution or to confinement of persons convicted of crimes unless personal identifiers have been deleted. Increases punishment for identity theft if personal' information transferred relates to specified HB 3010 3 Support persons. 5/05 Creates authority for fatality review teams to review records related to domestic violence HB 3011 3 Support fatalities for purpose of preventing future fatalities. 4/14 Changes process for seeking review of fees adopted by municipality enforcing state building code or specialty code. Changes criteria for assessing reasonableness of fee. Requires municipality to notify Director of Department of Consumer and Business Services when HB 3016 3 Support adopting fee. 4/21 Removes requirement that six-month period contractor or subcontractor remains on list of persons determined not to be qualified to hold or participate in public contract for public improvement begin on date when Construction Contractors Board received information HB 3017 3 Support regarding nonpayment for labor or materials. 4/21 Allows state and local governments to exercise certain powers involving facilities related to HB 3019 3 Support railroad operations. 4/14 Modifies crime of interfering with peace officer. Provides exception for constitutionally HB 3025 3 Support protected activity. 4/14 Includes fiber optic infrastructure projects in types of projects that may receive financial HB 3026 3 Neutral assistance from Special Public Works Fund. 4/14 46 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Provides that date for completing construction on works pursuant to water right permit issued to municipality may be extended beyond five years if municipality shows good cause and extension is conditioned. Defines 'construction. 'Applies to permits and final orders issued before effective date of Act. Validates actions of Water Resources Department in extending HB 3038 3 Support ~ermits issued for municipal use prior to effective date of Act. 5/12 Creates crime of operating methamphetamine lab. Punishes by maximum of 20 years' HB 3042 3 Support ~mprisonment, $375,000 fine, or both. 4/14 Allows designation of not more than three chief petitioners for state initiative or referendum measure prior to date Secretary of State approves form of petition signature sheets. Allows petition to circulate and be filed if at least one of designated chief petitioners remains as chief HB 3043 3 Neutral 3etitioner. 4/28 Directs each county sheriff's department and chief of police of city police department to adopt HB 3045 3 Oppose policy addressing whether peace officers may appear in uniform while off-duty. 4~07 Prohibits sending, receiving, possessing and breeding of exotic animals. Punishes violation of prohibition by maximum of $2,500 fine, six months' imprisonment, or both. Creates exception for possession of exotic animal by person holding personal possession permit issued by animal control agency. Exempts certain institutions, organizations and facilities. Eliminates state policy on regulating possession of exotic animals. Provides for animal control agencies to administer and enforce regulation of exotic animals. Requires animal control agencies to establish fees to cover cost of exotic animal regulation. Terminates State Department of Agriculture regulation of HB 3046 3 Support exotic animals. 4/14 Changes minimum penalty for third or subsequent conviction for providing liquor to person HB 3052 3 Support/Am under 21 years of age to $5,000 fine and 300 hours community service. 4/07 Authorizes issuance of lottery bonds for rail improvement projects. Establishes Rail Improvement Account and continuously appropriates moneys in account to Department of HB 3060 3 Support Transportation for rail improvement projects. 4/07 Authorizes city to annex territory without vote of electors in territory when more than half of owners of land in territory whose real property constitutes more than half of assessed value of all real property approve annexation in writing. Clarifies when annexation may proceed without vote of electors in city proposing annexation and when annexation may proceed without vote of electors in territory proposed to be annexed. Clarifies how annexation may proceed when there HB 3084 3 Monitor are no electors in territory proposed to be annexed. 4/14 Eliminates sunset on Department of Consumer and Business Services authority to study development and implementation of statewide program for electronic access to building codes information. Changes department authority to develop and implement limited-area pilot program to authority for permanent statewide program. Requires department to report to Seventy-fourth Legislative Assembly regarding program development and implementation. Expands uses that Department of Consumer and Business Services may make of Tri-County HB 3097 3 Support Building Industry Service Center resources. 4/21 47 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Directs Office of Emergency Management to develop and operate first responder building HB 3102 3 Monitor mapping information system for publicly owned buildings. 4/21 Directs Department of Justice to distribute moneys to local governments and agencies for specific purposes related to methamphetamine. Appropriates moneys from General Fund to HB 3105 3 Monitor Department of Justice for purposes of Act. Declares emergency, effective July 1,2005. 4/14 Creates Iow income rental assistance program to be administered by Department of Revenue. HB 3110 3 Oppose Appropriates moneys for Iow income rental assistance program. 4/21 HB 3136 3 Support Establishes bill of rights for telecommunications consumers. 4/07 Defines community groups for purposes of land use statutes. Requires cities and counties to HB 3137 3 Oppose recognize community groups that meet certain requirements. 4/21 Requires that certain causes of action related to improvement to real property be commenced within six years after substantial completion or abandonment of construction, alteration or HB 3158 3 Monitor repair. 4/21 Exempts certain licensed construction contractors from product liability civil actions brought HB 3159 3 Oppose for damages related to asbestos. 4/14 Exempts certain licensed construction contractors from product liability civil actions brought for damages related to asbestos { + if contractor used or installed products containing asbestos HB 3159A 3 Oppose pursuant to plans, specifications or directions prepared by or on behalf of owner of project + }. 5/12 Creates crime of possessing or disposing of methamphetamine manufacturing waste. HB 3199 3 Support/Am Punishes by maximum of five years' imprisonment, $125,000 fine, or both. 4/07 Prohibits contracting agencies from awarding certain public contracts to nonresident bidder HB 3206 3 Oppose that is education service district. 4/14 Requires Environmental Quality Commission to include statement relating to public health HB 3267 3 Support effects of administrative rule upon adopting air quality rule. 4/07 Adopts Uniform Environmental Covenants Act. Allows owners of real property and others to enter into enforceable, perpetual environmental covenant governing use of property subject to HB 3286 3 Support environmental remediation or voluntary environmental response project. 4/21 Requires inclusion of certain provisions in contracts between state agency and local government. Regulates actions of parties during negotiation for extension or renewal of contract between state agency and local government. Provides that liability to plaintiff for breach of contract between state agencies and local governments is several and not joint. HB 3303 3 Support Applies to contracts entered into on or after effective date of Act. 4/21 Requires person making telephone solicitation from call center to disclose location of call center and name of person who has contracted to use services of call center. Prohibits sending financial, credit or identifying information to call center located in foreign country. Provides exception. Allows person receiving call from call center located in foreign country to request HB 3320 3 Support/Am that call be rerouted to call center located in United States. 4/21 48 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Directs State Board of Pharmacy to reclassify methamphetamine as Schedule I controlled HB 3338 3 Support substance. 4/14 Requires Director of Department of Consumer and Business Services to investigate if director has reason to suspect municipality is failing to administer and enforce all or part of building inspection program in compliance with state building code. Requires Department of Consumer and Business Services to assume administration and enforcement of building inspection program specialty code if director finds municipality has failed to administer and enforce code. Requires revocation of municipal authority to administer and enforce building inspection HB 3339 3 Monitor program specialty code if municipality fails to take sufficient corrective action. 4/21 Exempts from disclosure under public records law audio recording of voice of caller to 9-1-1 emergency center unless public interest requires disclosure. Creates exceptions. Allows any HB 3341 3 Monitor person to obtain transcript of audio recording. 4/21 Requires ballots to contain designation 'None of the above' in addition to names of candidates for election to public office. Requires ballots to contain designation 'None of the above' in HB 3343 3 Oppose addition to 'Yes' and 'No' for each measure. 4/21 Provides that person commits offense if person refuses to submit to blood test or to take urine test if requested to do so under implied consent law. Provides that offense is punishable by fine of at least $500 and not more than $1,000. Provides that all fines collected for offense of refusal to take test for intoxicants that are distributed to state be used by Department of State Police for enforcement of laws concerning driving while under influence of intoxicants, whether HB 3370 3 Support or not resulting from citations issued by state police. 4/14 Directs Office of Emergency Management to develop and operate statewide first responder HB 3377 3 Monitor building mapping information system. 4/21 Redefines 'public works' to include project that is started by private person and thereafter is HB 3381 3 Neutral carried on or contracted for by public agency to serve public interest. 4/14 Requires Department of Transportation to report to interim committee on funding options for HB 3414 3 Oppose/Am highway projects of statewide significance. 4/14 Requires that bond proceeds earmarked but not spent by Department of Transportation for replacement or repair of bridges instead be spent on highway projects of statewide HB 3415 3 Oppose/Am significance. 4/14 HB 3416 3 Oppose Eliminates use of photo radar. 4/21 Establishes mandatory minimum sentences for possession and discharge of firearm during HB 3417 3 Support commission of felony. 4/21 Modifies statute of limitations for sex crimes against persons under 18 years of age. Creates crime of failure to report felony sex crime against minor. Punishes by maximum of one year's HB 3420 3 Support imprisonment, $6,250 fine, or both. 4/21 Provides subtraction from taxable income for unemployment benefits. Applies to tax years HB 3440 3 Oppose beginning on or after January 1, 2006. 4/14 49 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Provides subtraction from taxable income for unemployment benefits { + under specified HB 3440A 3 Oppose conditions + }. Applies to tax years beginning on or after January 1, 2006. 5/05 Creates 2-1-1 as statewide telephone number for access to health and human services and services after emergency. Directs Office of Emergency Management to establish 2-1-1 system. Appropriates moneys to Office of Emergency Management to establish statewide 2-1-1 HB 3443 3 Monitor system. Declares emergency, effective July 1, 2005. 4/28 Creates crime of unlawfully being in location where children regularly congregate. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Creates crime of unlawful HB 3469 3 Support/Am contact with child. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. 5/12 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 HB 5026 3 Monitor July 1,2005. 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. Authorizes specified nonlimited expenditures. Declares emergency, effective HB 5030 3 Monitor July 1, 2005. 2/01 Directs Oregon Watershed Enhancement Board to allocate moneys deposited into Watershed Improvement Operating Fund and Watershed Improvement Grant Fund to 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 of Parks and Natural Resources Fund. Declares HB 5074 3 Monitor 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 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 H JR 0004 3 Oppose rejection at next regular general election. 2/24 50 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Proposes amendment to Oregon Constitution to prohibit paying or receiving compensation based on number of signatures obtained for purposes of registering persons to vote. Refers H JR 0012 3 Oppose proposed amendment to people for their approval or rejection at next regular general election. 4/07 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 majority of each house. Refers proposed amendment to people for their approval H JR 0028 3 Support or rejection at special election held on same date as next primary election. 4/21 Proposes amendment to Oregon Constitution specifying that Legislative Assembly, or people through initiative process, may enact laws limiting or prohibiting certain contributions made to candidates for public office. Refers proposed amendment to people for their approval or H JR 0038 3 Neutral rejection at special election held on same date as next primary election. 4/28 Proposes amendment to Oregon Constitution establishing commission to create legislative redistricting plan following each decennial census. Refers proposed amendment to people for H JR 0039 3 Oppose their approval or rejection at next regular general election. 4/28 Proposes amendment to Oregon Constitution to allow people through initiative process, or Legislative Assembly by three-fourths vote of both Houses, to enact and amend laws to prohibit or limit contributions and expenditures to influence outcome of any election. Refers proposed H JR 0044 3 Neutral amendment to people for their approval or rejection at next regular general election. 4/28 Requests that Congress enact legislation to protect firearms and ammunition manufacturers, HM 0003 3 Oppose distributors, dealers and importers from abusive and ill~conceived tort actions. 4/14 Directs State Department of Geology and Mineral Industries to develop statewide seismic needs assessment. Specifies scope of assessment. Sunsets January 2, 2008. Declares SB 0002 3 Monitor emergency, 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 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, SB 0006 3 Support $500 fine, or both. Declares emergency, effective on passage. 3/17 51 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 Extends sunset on law requiring { - annual - } report by Public Utility Commission to Governor and Legislative Assembly on various matters relating to telecommunications industry. { + Requires commission to submit report biennially. + } Declares emergency, effective on SB 0013A 3 Support passage. 4/21 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 SB 0016 3 Support manner 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 Creates Task Force on Telecommunications Law Revision. { - Declares emergency, effective SB 0017A 3 Support on passage. - } 4/07 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 SB 0027 3 Neutral $100,000 or that measure has no financial effect. 1/25 Clarifies maximum amount of outstanding indebtedness that applies to limited tax bonds SB 0028 3 Monitor ~ssued to 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 SB 0029 3 Monitor years 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 SB 0030 3 Oppose adjournment sine die. 3/09 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 52 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Provides that new subpoena need not be served in criminal action when date or time of appearance has changed if { + original subpoena is continued orally in open court in presence SB 0036A 3 Support of person subpoenaed or if + } person subpoenaed is notified of change. 5~05 Modifies Water Pollution Control Revolving Fund loan program to allow 20 years for SB 0042 3 Support repayment after project completion. 2/11 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 section. Revises language to expressly state that board has authority to establish SB 0055 3 Neutral fees by rule. 2/11 { + Establishes registration and certification requirements for persons practicing photogrammetric mapping. Defines' photogrammetric mapping.' + } 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 section. - } { + Exempts certain data transcribers and other professionals qualified to document maps from board regulation. + } Revises language to expressly state that board has authority to SB 0055A 3 Oppose/Am establish fees by rule. 5/12 Waives reinstatement fee for suspended driving privileges when Department of Transportation determines that person was in compliance with requirements of court prior to SB 0073 3 Support effective date of 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, SB 0082 3 Monitor effective on 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 53 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 SB 0084 3 Support more than 25 kilowatts if customer-generator is customer of public utility. 2/01 Creates crime of custodial sexual misconduct in first degree. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Creates crime of custodial sexual misconduct in second degree. Punishes by maximum of one year's imprisonment, $6,250 fine, or both. SB 0089 3 Support Declares 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 SB 0094 3 Neutral governing 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 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 SB 0106 3 Support abused person. 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 Specifies certain genera of primarily herbivorous piranha that are permitted to be possessed SB 0125 3 Oppose without permit. 2/01 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 SB 0136 3 Oppose rate on project regulated under federal Davis-Bacon Act. 2/11 54 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0147 3 Neutral ~ractice 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 SB 0150 3 Oppose to be approved training agents. 2/01 Prohibits employers from entering into public works contracts for which contract price exceeds { - $250,000 - } { + $350,000 + } unless employer is approved apprenticeship training agent. Requires specifications and contracts for public works for which contract price exceeds { - $250,000 - } { + $350,000 + } to require contractors to be approved training agents. { + Provides exceptions to provisions if no local joint committee or program of apprenticeship and training for apprenticeable occupations used by employer exists in state. Directs Commissioner of Bureau of Labor and Industries to appoint work group to evaluate whether provisions of Act SB 0150A 3 Oppose should be extended to subcontractors. + } 5/12 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 { + Modifies provisions relating to photo red light cameras and photo radar systems. + } 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 SB 0153A 3 Oppose/Am on January 2, 2008. - } 5/05 Allows Secretary of State, after consultation with affected county clerks, to postpone date of election in event of civil disorder, state of emergency, natural disaster or other catastrophic event. Requires postponed election to be held not later than 14 calendar days after date of SB 0161 3 Neutral original election. Directs secretary to set date on which election will be held. 4/28 Requires all elections held in state to be conducted by mail. Repeals laws relating to elections SB 0162 3 Support conducted at polling places. 4/21 Prohibits person other than person signing petition from writing or altering information about ~erson signing petition on signature sheet of initiative, referendum or recall petition. Requires ~ersons being paid to obtain signatures on state initiative, referendum or recall petition to register with Secretary of State and complete training program. Directs Secretary of State to prepare official template of cover and signature sheets for each state initiative, referendum or recall petition. Requires persons obtaining signatures on state initiative, referendum or recall ~etition to use cover and signature sheets contained in official template prepared for petition. Allows chief petitioners to apply for modifications of official template. Prohibits persons other than persons authorized by chief petitioner from obtaining signatures on particular state SB 0164 3 Support initiative, referendum or recall petition. 5/05 55 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0170 3 Support relating to essential indigenous anadromous salmonid habitat. 3/31 Specifies that employees of forest protective associations or persons acting as agents of forest protective associations, when fighting fires at direction of forester, are agents of public SB 0177 3 Neutral body for purposes of tort actions. 1/25 Specifies that employees of forest protective associations or persons acting as agents of forest protective associations, when fighting fires at direction of forester, are agents of public SB 0177A 3 Neutral body for purposes of tort actions. 4/28 Revises language in statutes regulating registration and distribution of fertilizer, agricultural SB 0184 3 Monitor amendment, agricultural mineral and lime products. 3/31 Prescribes deadline for individual nominated or elected by write-in votes to file form accepting nomination or office. Specifies deadlines for filing officer to deliver form and certificate of nomination or election to individual. Sets deadline for write-in candidates nominated at primary election to file statement of economic interest with Oregon Government Standards and SB 0197 3 Neutral Practices Commission. 5/12 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 SB 0198 3 Neutral and certain child abuse assessments. 2/17 Allows person who is victim of person crime to have personal representative accompany ~erson to all phases of investigation and prosecution of crime { +, + } except for grand jury ~roceeding and certain child abuse assessments { +, unless health care provider, law enforcement agency, protective service worker or court believes personal representative would compromise process. Provides immunity to health care provider, law enforcement agency, protective service worker or court in regard to decision + }. { + Prohibits fact that personal representative was allowed or was not allowed to accompany victim from being used as basis for excluding otherwise admissible evidence. Prohibits fact that victim selected or did not select SB 0198A 3 Support ~ersonal representative from being used as evidence. + } 5/12 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 SB 0199 3 Support offense 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 Removes sunset on certain changes to laws governing civil forfeiture. Removes sunset on SB 0242 3 Neutral laws 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 56 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Amends definitions of 'compensable crime' and 'injury ' for purposes of crime victims' compensation. { + Allows family of victim of custodial interference or kidnapping to be SB 0252A 3 Support compensated for counseling expenses. + } 4/21 SB 0282 3 Monitor Modifies meaning of 'owner' and 'landowner' for purposes of certain annexations of territory. 3/09 Creates { - exception - } { + exceptions + } to prohibition on use of hearsay as evidence. Allows introduction of hearsay statement as evidence if declarant is unavailable as witness and person against whom statement is offered { - engaged or acquiesced in wrongdoing that was intended to cause declarant to be unavailable and did cause declarant to be unavailable - } { + intentionally or knowingly engaged in criminal conduct that directly caused death of declarant or caused declarant to become unavailable because of incapacity or incompetence. Allows introduction of hearsay statement if person against whom statement is offered engaged in, directed or otherwise participated in wrongful conduct intended to cause declarant to be SB 0287A 3 Support unavailable as witness, and did cause declarant to be unavailable + }. 5/05 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 Support 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 Allows person to turn without using signal when person is turning in required direction from SB 0296 3 Oppose lane that requires person to make turn. 2/17 Requires that Public Utility Commission issue amended certificate of authority to cooperative corporation or unincorporated association providing intrastate telecommunications services upon submission of revised service area map showing additional areas to be served by SB 0309 3 Oppose corporation or association. 1/25 Directs Department of Revenue to enter into multistate agreement to streamline administration of sales and use taxes imposed by other states. Takes effect on 91 st day following SB 0315 3 Monitor adjournment sine 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 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, SB 0325 3 Support 2007, and before January 1,2011. 2/17 Permits court reporter employed by party to charge transcript fees as agreed to between reporter and { - party employing reporter - } { + all parties to proceeding + } for preparing transcripts on appeal. Limits fees reporter may charge public body for preparing transcripts on SB 0330A 3 Support appeal. 5/05 57 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0335 3 Support/Am relating to possession of firearms on public property. 2/11 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 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 Increases penalties for possession, delivery and manufacture of methamphetamine, 3,4- methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine and 3,4-methylenedioxy- SB 0377 3 Support/Am N-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 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 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 ~ersonal property or services. Imposes use tax on use of tangible personal property purchased out-of-state. Sales and use tax provisions 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 executed prior to January 1,2006. Takes effect on 91st SB 0382 3 Monitor day following adjournment sine die. 3/09 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 SB 0410 3 Monitor Wildlife to publicize program. 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 permit fees and hourly charges to defray costs of administering and SB 0421 3 Oppose enforcing state building code. Declares emergency, effective on passage. 2/24 58 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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. - } { + Provides for assignment of department employees to regions to promote consistent interpretation of state building code, to resolve disputes between local building officials and contractors or developers and to provide oversight and enforcement of statutes and administrative rules relating to state building code. + } Imposes surcharge on permit fees and hourly charges to defray costs of administering and enforcing state building code. Declares SB 0421A 3 Neutral emergency, effective on passage. 4/28 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 Eliminates Oregon inheritance tax on transfers of property occurring as result of decedents SB 0438 3 Oppose who die on or after January 1, 2006. 3/31 Reduces income and corporate excise tax rates imposed on capital gains. Phases in SB 0449 3 Oppose reduction, 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 SB 0456 3 Oppose January 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 SB 0463 3 Oppose claiming 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 Legislative Assembly has not enacted and Governor has not signed limitation SB 0470 3 Neutral bill. 3/09 Specifies requirements for treatment and propagation of hatchery fish that any fish SB 0473 3 Oppose management policy of State Fish and Wildlife Commission must contain. 3/17 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 SB 0479 3 Oppose 3rocessing. Applies to tax years beginning on or after January 1, 2006. 3/09 59 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0480 3 Support adjournment sine die. 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 urban growth boundary. Eliminates option for city to annex territory without vote in territory and without written consent to annexation by 50 percent or more of voters residing in SB 0491 3 Oppose territory. 3/09 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 SB 0493 3 Oppose maximum fine of $360. 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 SB 0493A 3 Oppose maximum fine of $360. 5/05 SB 0494 3 Monitor Prohibits smoking within 100 feet of entrance to public place. 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 SB 0516 3 Monitor $500 per hour for services provided by attorney. 3/09 Repeals sunset limiting establishment of guest ranches. Modifies requirements for guest SB 0538 3 Monitor lodging and food service facilities allowed on guest ranches. 3/09 Creates Environmental Justice Task Force. Specifies duties and responsibilities. Requires natural resource agencies to perform certain actions relating to environmental justice. Defines SB 0542 3 Support natural 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 SB 0546 3 Support/Am traffic citations. 3/17 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 persons who prevail in contested case proceeding or appeal SB 0550 3 Support/Am involving alleged violation of lobby or government standards and practices laws. 3/17 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 60 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 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 SB 0557 3 Support evacuation plans. Declares emergency, effective on passage. 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 plans. - } { + Requires office to develop and adopt by rule tsunami warning information and evacuation plans for distribution to transient lodging facilities located in tsunami inundation zones. + } { - Declares emergency, effective on passage. - } { + Takes effect on 91st SB 0557A 3 Support day following adjournment sine die. + } 5/12 Directs Office of Emergency Management to develop and operate statewide first responder SB 0562 3 Monitor building mapping information system. 3/17 Directs Office of Emergency Management to develop and operate statewide first responder SB 0562A 3 Monitor building mapping information system. 5/12 Prohibits Oregon Transportation Commission and Department of Transportation from designating highway or portion of highway as freight route if also designated as historic and SB 0566 3 Monitor scenic highway. 3/09 { - Prohibits Oregon Transportation Commission and Department of Transportation from designating highway or portion of highway as freight route if also designated as historic and scenic highway. - } { + Prohibits Oregon Transportation Commission from designating specified SB 0566A 3 Monitor parts of Oregon Route 126 or U.S. Route 101 as freight routes. + } 5/12 Increases fines and imposes suspension of driving privileges for person who exceeds speed limit or designated speed by more than 30 miles per hour or who drives 100 miles per hour or SB 0568 3 Support greater. 3/17 SB 0572 3 Oppose Establishes protections for nursing staff members who experience workplace violence. 3/17 Authorizes contractor to present for recording construction contract that contains information SB 0574 3 Monitor related to construction defects and express warranties. 4/14 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 perform services outside of United States. Provides exceptions. Permits SB 0578 3 Monitor contracting agency to bring civil action for breach of contract. 3/17 Requires school districts to consider including safety improvements that create safer routes to SB 0580 3 Neutral schools as part of large construction projects. 4/07 SB 0581 3 Support Expands court's discretion in reducing fines for traffic violations. 3/09 Authorizes use of photo radar in Lake Oswego, Milwaukie and Roseburg. Removes requirement that photo radar equipment be operated by uniformed police officer from marked SB 0588 3 Neutral 3olice vehicle. 3/31 61 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Clarifies which parts of roadway are considered adjacent to lane in which driver's vehicle is traveling for purposes of offense of failure to stop and remain stopped for a pedestrian in a SB 0591 3 Oppose crosswalk. 4/07 SB 0597 3 Support/Am Requires person to report abuse of child residing in same household as person. 3/17 Requires court to dismiss charge for failure to carry proof of compliance with financial responsibility requirements if person charged delivers proof of compliance { - and court fee - } SB 0599A 3 Support to court clerk prior to court appearance date on citation. 5/05 Allows use of computer software provided or approved by Secretary of State for filing political contribution and expenditure reports with Secretary of State. Requires filing of weekly statements by candidates or political committees using computer software. Modifies minimum amount of aggregate political contribution for which name and address of person making contribution must be reported. Deletes requirement that occupation of contributor be reported. SB 0606 3 Support Specifies January 1, 2006, operative date. Declares emergency, effective on passage. 4/21 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 SB 0610 3 Oppose of $1,000 for violation of Act. 3/09 Creates crime of possessing dogfighting paraphernalia. Punishes by maximum of one year's SB 0641 3 Support imprisonment, $6,250 fine, or both. 3/31 Creates crime of possessing dogfighting paraphernalia. Punishes by maximum of one year's SB 0641A 3 Support imprisonment, $6,250 fine, or both. 5/12 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 SB 0642 3 Monitor from line games to program. Declares emergency, effective July 1, 2005. 3/09 Requires city or county to take final action on application for permit, limited land use decision or zone change within 130 days after application is deemed complete, with specified SB 0656 3 Support exceptions. 3/09 62 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Prohibits sending, receiving, possessing and breeding of exotic animals. Punishes violation of prohibition by maximum of $2,500 fine, six months' imprisonment, or both. Creates exception for possession of exotic animal by person holding personal possession permit issued by animal control agency. Exempts certain institutions, organizations and facilities. Eliminates state policy on regulating possession of exotic animals. Provides for animal control agencies to administer and enforce regulation of exotic animals. Requires animal control agencies to establish fees to cover cost of exotic animal regulation. Terminates State Department of Agriculture regulation of SB 0661 3 Support exotic animals. 4/14 Requires governing body to allow establishment of single-family dwelling on lot or parcel SB 0676 3 Monitor zoned 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 SB 0677 3 Oppose days, or longer period if authorized, after transmittal of record. 3~09 Directs Oregon Department of Aviation to establish pilot program to foster economic SB 0680 3 Oppose development adjacent to rural airports by encouraging through the fence operations. 3/17 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 SB 0688 3 Oppose land use regulations to implement review of site-specific development plan. 3/17 SB 0717 3 Support Modifies laws relating to medical use of marijuana. Declares emergency, effective on passage. 3/09 SB 0724 3 Support Restricts Water Resources Department in issuing permits that result in dewatering stream. 4/21 Authorizes county service district to be formed in which governing body of district is elected SB 0725 3 Oppose board of directors instead of governing body of county. 3/31 Requires Director of Department of Consumer and Business Services to amend state building l Icode to prohibit use of wood coated with substance containing arsenic in framing or sheathing SB 0727 3 Neutral roof 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 SB 0728 3 Oppose ~etition 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 Requires public entity receiving claim for compensation for reduction in fair market value of ~rivate 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 SB 0739 3 Oppose ~roperty will be disqualified for special assessment or exemption from taxation. 3/31 63 2005 Legislative Session IGR Commitee Bill Approval May 23, 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 SB 0740 3 Support department. 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 SB 0745 3 Monitor decision. ' 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 persons issued registry identification cards. Requires state and local law enforcement )ersonnel to provide identification to department prior to obtaining information from list of )ersons issued registry identification cards. Creates Advisory Committee on Medical Marijuana SB 0772 3 Neut/Am ~n 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 SB 0777 3 Neutral emergency, effective July 1, 2005. 3/17 Sets limits on amounts that may be contributed to political candidates and political committees. Modifies limits if candidate contributes specified amount to candidate's own campaign. Requires filing of statement by person making certain independent expenditures or electioneering communications. Prohibits direct corporate and labor union contributions. Requires reporting of contributions made by intermediaries. Provides civil penalties. Becomes effective if amendment to Oregon Constitution allowing regulation of campaign contributions is SB 0780 3 Neutral approved by people at next general election. 4/28 64 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Permits court to award punitive damages to whistleblower in civil action against public SB 0790 3 Support employer. 3/31 Directs Public Utility Commission to replace all intrastate, interexchange toll routes with statewide flat rate interexchange service. Establishes Toll-free Calling Fund. Appropriates moneys from fund to commission for payment to telecommunications providers for costs SB 0794 3 Support incurred in providing toll-free calling within state. 3/24 Directs elections filing officers to inspect and examine political contribution and expenditure statements not later than 20 business days after filing deadline or date statement is filed, whichever is later. Directs filing officers to notify person required to file statement not later than 30 business days after filing deadline or date statement is filed, whichever is later, if statement has not been filed, if statement is insufficient or if complaint has been received. Prohibits Secretary of State from imposing civil penalty related to contribution or expenditure statement if SB 0796 3 Support filing officer did not notify person required to file statement within specified time period. 5/12 Reduces blood alcohol content that constitutes being under influence of intoxicants to 0.04 percent for persons who previously have participated in diversion program or been convicted of driving while under influence of intoxicants. Expands obligations of health care provider SB 0821 3 Support providing medical care to person involved in motor vehicle accident. 4/07 Directs all candidates and political committees to file electronic statements of contributions received and expenditures made with Secretary of State not later than seven business days after contribution is received or expenditure made. Directs secretary to make contribution and expenditure data available to public on Internet according to schedule adopted by secretary by SB 0822 3 Support rule. Sets January 1, 2007, operative date. Declares emergency, effective on passage. 4/28 SB 0833 3 Monitor Modifies qualifications for designation as enterprise zone or reservation enterprise zone. 4/07 SB 0837 3 Monitor Establishes requirements for public bodies self-insuring for tort liability or property damage. 4/07 SB 0837A 3 Monitor Establishes requirements for public bodies self-insuring for tort liability or property damage. 4/07 65 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 { - Increases penalty for dog keeper who maintains public nuisance by keeping dog that bites person. Makes first offense punishable by 30 days' imprisonment, $1,250 fine, or both. Makes subsequent offense punishable by one year's imprisonment, $6,250 fine, or both. Makes punishment for maintaining public nuisance by keeping dog that bites person applicable throughout state, regardless of local law. Increases penalty for dog keeper who maintains public nuisance by keeping dog that chases or menaces person to maximum $360 fine. - } { - Requires county animal control agency to establish registry for dog breeders. Requires breeder of pit bull or pit bull mix dogs to register. Makes failure to register subject to fine not to exceed $50. Requires county to adopt fees to fund registration program. - } Makes dog keeper strictly liable for economic damages incurred by person physically injured by dog. Creates exceptions. { + Defines potentially dangerous dog and dangerous dog. Modifies authority of law SB 0844A 3 Support/Am enforcement officers, dog control boards, county governments and courts relating to 5/12 Reactivates property tax exemption for single-unit housing in distressed urban areas. Modifies definitions. Permits condominiums to be eligible for single-unit housing property tax exemption. SB 0847 3 Support Takes effect on 91st day following adjournment sine die. 4/07 Requires that substances added to public water supply for purposes other than to treat water SB 0851 3 Support to make water safe or potable meet specific safety requirements. 3/24 Authorizes universities in Oregon University System and Oregon Health and Science University to establish university venture development funds. Directs State Board of Higher Education and Oregon Health and Science University Board of Directors to establish grant program for distribution of grants from funds to facilitate commercialization of university research and development. Establishes income tax credit for taxpayers that contribute moneys to university venture development funds. Applies credit to tax years beginning on or after SB 0853 3 Neutral January 1, 2006. 4/21 Directs Secretary of State to print disclaimer on candidate and political party statements in state voters' pamphlet indicating that State of Oregon does not warrant accuracy or truth of SB 0858 3 Support information contained in candidate or political party statement. 4/28 Directs Secretary of State { + and county clerks + } to print disclaimer on candidate and political party statements in state { + or county + } voters' pamphlet indicating that State of Oregon { - does not warrant accuracy or truth of - } { + or county has not verified for accuracy + SB 0858A 3 Support } information contained in candidate or political party statement. 4/28 66 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates Beverage Product Stewardship Board. Transfers duties of Oregon Liquor Control Commission relating to beverage container collection and refund to board. Expands type of beverage containers subject to deposit provisions. Increases deposit amount. Eliminates role ol 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 lappropriates 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 board from General Fund for initial costs. Takes effect on 91st day SB 0862 3 Monitor 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 SB 0863 3 Monitor demolished 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 SB 0866 3 Oppose ~remiums paid by employer on behalf of employees. 3/31 Reduces personal income tax rate on taxable income for persons 65 years of age or older. SB 0867 3 Oppose Applies to tax years beginning on or after January 1, 2006. 4/07 Provides tax credit for homeowners living in forestland-urban interface for costs of removal SB 0871 3 Oppose and disposal of forest biomass. Applies to tax years beginning on or after January 1, 2006. 4~07 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 substituted for services or products offered by SB 0878 3 Oppose 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 by corporate boundaries of city or surrounded by corporate boundaries of city and SB 0887 3 Oppose body of water. 3/17 Creates income tax credit for costs incurred in clean energy facility research and development SB 0890 3 Neutral activities. Applies to tax years beginning on or after January 1, 2006. 4/07 67 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Requires Department of Human Services to provide continuing education curriculum for child abuse investigators on constitutional and statutory rights of children and families undergoing investigation. Requires child abuse investigators at time of initial contact with individual under SB 0895 3 Oppose investigation to inform individual about allegations made against individual. 4/14 Requires Department of Human Services to provide continuing education curriculum for child abuse investigators on constitutional and statutory rights of children and families undergoing investigation. Requires child abuse investigators at time of initial contact with individual under SB 0895A 3 Neutral investigation to inform individual about allegations made against individual. 5/12 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 Requires person filing voters' pamphlet argument to submit signed affidavit stating whether argument is intended to support or oppose measure. Specifies when affidavit is considered SB 0898 3 Neutral false. 4/28 Creates crime of dumping methamphetamine waste. Punishes by maximum of 20 years' SB 0911 3 Support imprisonment, $375,000 fine, or both. 3/17 Requires filing of not less than 10 percent and not more than 15 percent of total number of signatures required on state initiative petition to obtain ballot title. Specifies duties of Secretary of State, Attorney General and chief petitioner relating to ballot title and form of petition. Defines constitutional procedural requirement. Requires Secretary of State to determine compliance with constitutional procedural requirements. Prohibits circulation of state initiative measure if initiative measure fails to comply with constitutional procedural requirements. Applies to state initiative petitions for which prospective petition is filed on or after effective date SB 0933 3 Monitor of Act. Declares emergency, effective on passage. 5/12 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 SB 0938 3 Support/Am exception for offense of failure to use bicycle lane or path. 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 SB 0938A 3 Support/Am exception for offense of failure to use bicycle lane or path. 5/05 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' imprisonment, $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 SB 0942 3 Support/Am gun dealers to post notice concerning obligation to store firearms in safe manner. 3/17 68 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Permits declarant of condominium to expressly warrant against certain defects in newly constructed units and common elements for not less than three years. Limits applicability of statute of limitations to three years for construction defects when declarant elects to expressly warrant against certain defects for three years. Requires election for three-year warranty and three-year statute of limitations to be disclosed in contract for sale of condominium unit. Applies to warranties and limitations of actions on newly constructed units and common elements SB 0955 3 Support delivered into possession of unit owner other than declarant on or after effective date. 4/21 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 SB 0956 3 Support/Am of laws relating to possession of weapons on public property. 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 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 0962A 3 Monitor regarding brominated flame retardants. 5/12 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 SB 0969 3 Monitor account to council to carry out duties, functions and powers of council. 3/09 Prohibits disclosure of public records relating to criminal investigation or prosecution or to confinement of persons convicted of crimes unless personal identifiers have been deleted. Increases punishment for identity theft if personal information transferred relates to specified SB 0978 3 Support persons. 5/05 Requires motor trucks weighing 26,000 pounds or less and used for commercial delivery of packages and property to be equipped with forward crossview mirrors. Provides exceptions. SB 1027 3 Support Creates offense of operation without forward crossview mirror. Punishes by fine of $180. 4/28 Modifies authority of and procedures for public entity to pay compensation for or to modify, remove or not apply land use regulations that restrict use and reduce fair market value of real property. Modifies provisions authorizing establishment of lot of record dwellings in farm and SB 1037 3 Monitor forest zones. 5/12 Allows county to distribute amounts received from federal forest reserve receipts not required SB 1043 3 Support ifor county road fund to school fund of county. Declares emergency, effective July 1, 2005. 5/12 69 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Creates authority for fatality review teams to review records related to domestic violence SB 1047 3 Support fatalities for purpose of preventing future fatalities. 5/05 Proposes amendment to Oregon Constitution to allow Legislative Assembly, or people through initiative process, to enact laws limiting or prohibiting contributions made in connection with financing election campaigns. Refers proposed amendment to people for their approval or S JR 0003 3 Neutral rejection at next regular general election. 4/28 Proposes amendment to Oregon Constitution to allow Legislative Assembly, or people through initiative process, to enact laws limiting or prohibiting contributions or expenditures made in connection with campaigns for nomination or election to public office. Refers proposed S JR 0005 3 Neutral amendment to people for their approval or rejection at next regular general election. 4/28 Proposes amendment to Oregon Constitution to require Legislative Assembly to pass bill funding public education system by 81st day of regular session and to prohibit compensation of legislators if bill is not passed. Refers proposed amendment to people for their approval or S JR 0006 3 Monitor rejection at next 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 rejection at special election held on same date as next primary S JR 0009 3 Neutral election. 3/17 Proposes amendment to Oregon Constitution to allow voter registration not later than day of election. Refers proposed amendment to people for their approval or rejection at next regular S JR 0010 3 Neutral general election. 4/28 Proposes amendment to Oregon Constitution to specify that proposed initiative petition may be circulated for at least two years after date Secretary of State approves petition for circulation. Refers proposed amendment to people for their approval or rejection at next regular S JR 0018 3 Neutral general election. 4/28 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 S JR 0025 3 Monitor held on same date as next primary election. 3/24 Proposes amendment to Oregon Constitution to eliminate double majority voter participation requirement for measures authorizing property taxes to pay bonded indebtedness if taxes are not subject to limitation under constitutional property tax limits and if bonds are issued to fund seismic rehabilitation or tsunami preparedness. Refers proposed amendment to people for S JR 0030 3 Support their approval or rejection at next regular general election. 4/07 70 2005 Legislative Session IGR Commitee Bill Approval May 23, 2005 Changes requirements for registration of civil aircraft. Changes time limits for imposition of ~enalties for late registration and renewal of registration. { - Authorizes imposition of civil HB 2068A 6 Drop penalty for failure to register or renew registration of aircraft. - } 4/21 Increases number of enterprise zones that may be designated for electronic commerce. Extends period during which business firm may obtain certification for facilities in nonurban HB 2234 6 Drop enterprise zones. Takes effect on 91st day following adjournment sine die. 2/17 Expands criminal homicide to include causing death of unborn child. Provides exception for HB 2379 6 Drop lawful abortions and acts committed by pregnant woman. 2/11 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 HB 2441 6 Drop at next regular general election. 9-Mar Provides that duty of county court or board of county commissioners to inspect local HB 3157 6 Drop correctional facilities is discretionary for facilities not operated by county. 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 SB 0440 6 Drop child. Punishes by maximum of 10 years' imprisonment, $250,000 fine, or both. 2/17 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 Bill# Pri # Recommendation Title Committee 71