HomeMy WebLinkAboutItem 3: Ratification of IGR Actions
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Ratification of Unanimous Intergovernmental Relations (IGR) Committee
Actions and Discussion, and Action on Non-unanimous IGR Actions on Legislative
Policy from February 11, and February 18, 2009, Meetings
Meeting Date: February 23, 2009 Agenda Item Number: 3
Department: City Manager’s Office Staff Contact: Brenda Wilson
www.eugene-or.gov Contact Telephone Number: 682-8441
ISSUE STATEMENT
This is an action item to ratify the unanimous actions of the Intergovernmental Relations (IGR)
Committee from the February 11, and February 18, 2009, IGR Committee meetings.
BACKGROUND
As a matter of procedure, during the legislative session, the City Council is routinely asked to ratify the
actions taken by the Intergovernmental Relations (IGR) Committee on legislation. The IGR Committee
reviews all bills and their associated staff recommendations and provides direction for each piece of
legislation introduced during the legislative session.
Any member of the IGR Committee may pull a bill off the IGR Bill Report for discussion. If a bill is not
pulled for discussion, the staff recommendation stands. If a bill is pulled for discussion, the IGR
Committee may keep or change the staff recommendation. Actions on which the IGR committee is not
unanimous must be brought before the full City Council for consideration. These bills must be addressed
by the full council in order to provide direction to staff in Salem.
The IGR Committee met on February 11, and February 18, 2009, to review staff recommendations on
bills that have been introduced in the state legislature. The minutes for the February 11, and February 18,
2009, meetings are not ready for ratification by the full City Council at this time.
However, the IGR Committee vote on several bills was not unanimous. Accordingly, the full council
must provide direction before these bills can be lobbied in Salem. The bills for which there was not a
unanimous vote are listed below.Staff comments for each bill are listed in the attached documents. Bills
may be accessed via the Legislature’s website: http://www.leg.state.or.us/09reg/measures/main.html.
February 11, 2009:
SR 1: Urges Governor to withhold deployment of Oregon National Guard to Iraq or
Afghanistan.
Staff Recommendation: No recommendation
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IGR Committee Vote: Support (2/1, Ortiz, Taylor / Poling, No)
SB 227: Increases penalty for knowingly furnishing alcohol to persons under age of 21 years and
imposes suspension of driving privileges or right to apply for driving privileges for 90
days in certain instances.
Staff Recommendation: Priority 3, Support (By Ellwood Cushman)
IGR Committee Vote: Priority 3, Oppose (Taylor / No Second)
(See page 12 of the February 11, IGR Bill Report for staff comments).
HB 2403: Authorizes forfeiture of vehicle with hidden compartment if vehicle used or intended for
use in commission of criminal offense.
Staff Recommendation: Priority 2, Support (By Ellwood Cushman)
IGR Committee Vote: Priority 3, Oppose (Taylor / No Second)
(See page 2 of the February 11, IGR Bill Report for staff comments).
HB 2427: Provides that person commits offense of refusal to take test for intoxicants if person
refuses to submit to urine or blood test when requested to do so under implied consent
law.
Staff Recommendation: Priority 3, Support (By Ellwood Cushman)
IGR Committee Vote: Priority 3, Oppose (Taylor, No second)
(See page 4 of the February 11, IGR Bill Report for staff comments).
HB 2428: Increases penalty for assault in third degree if defendant commits assault by means of
motor vehicle and was driving while under influence of intoxicants.
Staff Recommendation: Priority 3, Support (By Ellwood Cushman)
IGR Committee Vote: Priority 2, Oppose (Taylor, No second)
(See page 5 of the February 11, IGR Bill Report for staff comments).
February 18, 2009:
SB 29: Clarifies that a county, city or metropolitan service district may adopt instant runoff
voting system for nomination or election of candidates to county, city or metropolitan
service district office.
Staff Recommendation: None
IGR Committee Vote: Monitor (2/1, Poling, Ortiz / Taylor No (wanting to support))
SB 422: Increases penalty for driving while suspended or revoked.
Staff Recommendation: Priority 3, Oppose (By Char Mauch)
IGR Committee Vote: Priority 3, Support (1/2, Poling / Taylor, Ortiz No)
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(See page 13 of the February 18, IGR Bill Report for staff comments).
HB 2426: Imposes minimum fine of $2,500 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 person at time of offense.
Staff Recommendation: Priority 3, Oppose (By Char Mauch)
IGR Committee Vote: Priority 3, Support (1/2, Poling / Taylor, Ortiz No)
(See page 4 of the February 4, IGR Bill Report for staff comments).
HB 2429: Modifies qualifications for property tax exemptions for business firms eligible to
participate in enterprise zone program. Requires firms engaged in private construction
projects with value of $5 million or more to comply with prevailing wage rate law.
Staff Recommendation: Priority 2, Oppose (By Larry Hill and Richie Weinman)
IGR Committee Vote: Monitor (2/1 Taylor, Ortiz / Poling No)
(See page 5 of the February 4, IGR Bill Report for staff comments).
HB 2430: Defines “building construction” and modifies definition of “residential construction” for
purposes of applying prevailing rate of wage to projects that predominantly provide
affordable housing.
Staff Recommendation: Priority 2, Oppose (By Richie Weinman)
IGR Committee Vote: Monitor (2/1 Taylor, Ortiz / Poling No)
(See page 5 of the February 4, IGR Bill Report for staff comments).
RELATED CITY POLICIES
Ratification of IGR Committee actions is the making or affirming of the City of Eugene’s policy with
respect to federal and state legislative issues or such other matters as may come to the council from the
committee.
COUNCIL OPTIONS
The council may ratify or decline to ratify the IGR Committee’s unanimous actions and approval of staff
recommendations. Actions on which the IGR committee is not unanimous must be addressed by the full
council in order to provide direction to staff in Salem.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends ratification of the IGR Committee's actions and that there be a discussion
on the actions that were not unanimous.
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SUGGESTED MOTION
Move to ratify the IGR Committee's unanimous actions on bills and approval of staff recommendations
in the February 11, and February 18, 2009, IGR Bill Reports for bills not pulled for discussion at those
IGR meetings.
There also needs to be motions to state positions for each bill listed above where the IGR Committee action
was not unanimous.
ATTACHMENTS
A. February 11, 2009 IGR Bill Report
B. February 18, 2009 IGR Bill Report
FOR MORE INFORMATION
Staff Contact: Brenda Wilson
Telephone: 682-8441
Staff E-Mail: brenda.s.wilson@ci.eugene.or.us
Z:\CMO\2009 Council Agendas\M090223\S0902233.doc
IGR BILL REPORT
February 11, 2009
CITY OF EUGENE
HB 2319
Relating Clause: Relating to persons with disabilities
Title:
Changes unlawful discrimination laws that determine if individual is person with disability
to be more similar to federal Americans with Disabilities Act.
Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Advocacy Center
URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2319.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 1/15/2009 Pri 3 No No Support
Comments:
This could make the interpretation of disability law and standards easier if ORS were in
line with the ADA regs.
HB 2377
Relating Clause: Relating to use of mobile communication device while driving.
Title:
Prohibits person of any age from operating motor vehicle while using mobile
communication device except under certain circumstances.
Sponsored by: Representative TOMEI
URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2377.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman EPD-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We concur with the concerns expressed in Eric Jones' analysis of SB 329, which is
identical with this bill. This bill (which is also similar to SB 319) would apply to, and limit
the use of, two-way radios in both the public sector (e.g., public works) and the private
sector, although this may not be what the bill is targeting. Any police or fire vehicle that
meets the definition of an "emergency vehicle" (ORS 801.260) would be exempt;
however, the operators of any that do not would also be prohibited from using a standard
two-way radio.
One thing that the bill does that we do agree with is to delete the portion of the current
version of ORS 811.507 which treats it as a secondary violation (enforceable only when
the person has been stopped for another offense).
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
As drafted, this bill would appear to include two-way radios under the definition of "mobile
communication device." Public Works vehicles are not exempted from the bill. Therefore,
Public Works employees would not be permitted to operate two-way radios or cell
phones, even when responding to critical calls and weather emergencies. (see also SB
319, SB 329, HB 2038)
I defer to Tony Jobanek, as fleet manager, to determine the feasibility of installing hands-
free phone and radio equipment in City fleet vehicles, particularly those assigned to
operational patrols (e.g., sweepers, dump trucks, etc.).
I defer to Ellwood Cushman to respond to the law-enforcement aspects of this bill.
Based on the above analysis, Public Works recommends a position of priority 3 opposed,
unless the bill is amended to address these concerns. This is consistent with the
legislative position taken on HB 2645 in the 2007 legislative session.
1
HB 2400
Relating Clause: Relating to certain peace officers.
Title:
Directs county sheriff's departments and municipal police departments to adopt policy
addressing whether members may appear in uniform while off-duty.
Sponsored by: COMMITTEE ON JUDICIARY at the request of Oregon Council of Police Associations
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2400.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
S. Swenson EPD-ADM 2/2/2009 Pri 2 Yes YesV. C1 Oppose
Comments:
We oppose this bill, which would require that every law enforcement agency adopt a
policy regarding whether its members may appear in uniform while off-duty, and require
that the same policy applies to all members of the department.
This bill would create a state mandate which requires that each law enforcement agency
have a policy on an issue which is arguably not critical in terms of public safety,
accountability, or liability. And it further mandates that a single policy on wear of the
uniform apply to all members of the department, including the police chief or sheriff.
Chief executives and members of upper management of police agencies have some very
different responsibilities from line-level employees, including much more of a demand for
public appearances which are outside the normal working hours (and which, thus, could
be construed as being "off duty" under the undefined term in this bill). Having a "one-
size-fits-all" policy in a non-critical area doesn't make sense, and it certainly should be
the prerogative of a police chief or sheriff whether or not to adopt a policy on the wear of
the uniform while off-duty and, if s/he chooses to issue one, develop one which reflects
the needs of his/her department and the values of the community which the agency
serves.
HB 2403
Relating Clause: Relating to forfeiture.
Title:
Authorizes forfeiture of vehicle with hidden compartment if vehicle used or intended for
use in commission of criminal offense. Provides that law enforcement agency seizing
forfeited vehicle may destroy, sell or use vehicle.
Sponsored by: Representative COWAN (at the request of Oregon Narcotics Enforcement Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2403.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. McCormick EPD-ADM 2/3/2009 Pri 2 No No Support
Comments:
We support this bill, which would allow forfeiture of a vehicle with a hidden compartment
which could be shown to have been used, or intended to be used, to commit a crime.
“Hidden compartment” is defined in the bill as a compartment integrated into the vehicle,
so the bill would not apply to a situation where something was hidden inside a vehicle,
but where it did not involve a compartment that was part of the vehicle itself.
Hidden compartments are most frequently used to hide contraband (such as significant
quantities of drugs, or large sums of money obtained from criminal activities). However,
they are also used to conceal weapons, and yet have them immediately available to the
person if s/he wants to use them. This obviously creates a very dangerous situation for
officers stopping such vehicles. (One such technique is to have a firearm hidden in the
location designed for the airbag, with ready access by the driver/passenger.)
2
Some hidden compartments are very sophisticated---difficult to locate and, even if one is
suspected, there are often non-intuitive methods of opening them (e.g., tuning the radio
to a particular channel and pushing two different buttons at the same time).
In cases where a vehicle has been specifically modified to create such compartments to
further criminal activities, we believe that forfeiture of the vehicle is appropriate. To return
the vehicle to the person is to return to him/her a mechanism to facilitate criminal activity.
And to require the return after disabling the compartment results in unnecessary time and
expense to the City.
HB 2409
Relating Clause: Relating to motorcycle helmets.
Title:
Directs Director of Transportation to issue certificate of exemption to person who
presents signed statement from physician that person should be exempted from wearing
motorcycle helmet.
Provides operators and passengers of motorcycles and mopeds medical exemption
from requirement to wear motorcycle helmet.
Sponsored by: By Representative GELSER; Representative CLEM (at the request of Bill Ashbaugh)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2409.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 1/30/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We oppose this bill. The use of helmets by persons operating motorcycles and mopeds
has been shown to save lives and reduce the severity of injury of those involved in traffic
crashes. In addition to protecting the operators of these vehicles, the reduced incidence
and severity of injury benefits the other drivers involved and the public at large in such
areas as insurance and medical expenses.
This bill attempts to carve out a medical exemption to this requirement. First, we believe
that this is a bad idea. The dangers of not wearing a helmet far outweigh any
inconvenience wearing a helmet might cause someone with a medical issue. And, even
if one believes this to be a good idea, the threshold established by this bill is very low. It
would *require* DMV to issue an exemption if it receives a statement signed by a
physician, with no ability to make any evaluation of the reason(s) given. And all the bill
requires the physician to do is to state that it would be "impractical" for the person to wear
a helmet. Such a low threshold and vague criterion would be easily subject to abuse by
individuals who simply do not want to wear a helmet. All the person needs to do is to
convince a physician to sign a statement for some reason based on "a physical condition
or a medical problem" (e.g., wearing a helmet gives the person a headache).
HB 2411
Relating Clause: Relating to termination of membership in the Public Employees Retirement System.
Title:
Provides that membership of person in Public Employees Retirement System may be
terminated by reason of inactivity only if Public Employees Retirement Board gives notice
of impending loss of membership to person. Provides that notice be mailed by first class
mail to last address known to board for member.
Sponsored by: By Representative GELSER (at the request of Susan Aronson)
URL: http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2411.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/28/2009 No No Monitor
Comments:
No direct impact on the City.
3
HB 2417
Relating Clause: Relating to railroad-highway grade crossings.
Title:
Requires Department of Transportation to notify road authority 60 days prior to closing
railroad-highway grade crossing.
Sponsored by: By Representative GELSER, Senator MORSE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2417.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 1/29/2009 Pri 2 Monitor
Comments:
Support for this bill will increase if amendments are made. The bill requires only
notification to the road authority when ODOT has decided to close a crossing. Corvallis,
Medford, Salem and Portland have apparently had problems with the consequences of
closures they had no invovlement with. This bill at least removes some of the surprise
associated with unilateral closures.
To be effective in protecting local interest, the optional public hearing should be
mandatory and held before the decision to close is made. There should be an appeal
process and ODOT should be made responsibile for the all the costs in the road system
that must be made as a result of the closure.
HB 2427
Relating Clause: Relating to implied consent.
Title:
Provides that person commits offense of refusal to take test for intoxicants if person
refuses to submit to urine or blood test when requested to do so under implied consent
law. Punishes 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 or not resulting from
citations issued by state police.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2427.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 1/30/2009 Pri 3 No No Support
Comments:
This bill is very similar to HB 2239.
We support this bill, which would expand the offense of refusal to take a breath test to
include refusal to take a blood or urine test in those (fairly limited) situations where a
person is required by statute to submit to such a test. This would create a consistent
penalty for refusing any required test for intoxicants, instead of the rather odd situation
which currently exists where there it is an offense to refuse to submit to a breath test
when required by law, but not when the person refuses to submit to a required blood or
urine test. Having this law in place will provide more of an incentive for the person to
submit to the legal requirement, which is designed to provide a basis for objective
determination of whether the person is or is not under the influence of an intoxicant while
driving, and provide a sanction if s/he does not.
4
HB 2428
Relating Clause: Relating to assault.
Title:
Increases penalty for assault in third degree if defendant commits assault by means of
motor vehicle and was driving while under influence of intoxicants.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2428.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 2/3/2009 Pri 2 Yes YesV. C7 Support
Comments:
We support this bill, which would increase the penalty for Assault III if the assault
resulted from the operation of a motor vehicle while DUII.
The DUII problem continues to have a tragic effect on communities throughout this state.
We know that locally with the recent very tragic collision at 11th and Bertelsen resulting in
the loss of four innocent lives and devastating injuries suffered by a fifth. There are a
number of collisions we investigate with the level of injury covered under the statute for
Assault III. To increase this to a B Felony would be a positive step in holding
accountable those who chose to ignore the dangers of drinking and driving and end up
injuring others in the process.
HB 2436
Relating Clause: Relating to public programs for housing; prescribing an effective date; providing for
revenue raising that requires approval by a three-fifths majority.
Title:
Establishes fee for recording of documents in deed and mortgage records of county.
Directs county clerk to transfer amounts collected to Housing and Community Services
Department to fund housing programs of department.
Modifies affordable housing programs and requires rulemaking.
Establishes General Housing Account in Oregon Housing Fund.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative SCHAUFLER (at the request of Oregon Housing Alliance, Oregon
Association of Realtors, Oregon Bankers Association, Oregon Home Builders
Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2436.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/2/2009 Pri 1 Yes YesIV. C Support
Comments:
This is the #1 bill of the Housing Alliance, which includes Eugene as a member. This
provides funding for affordable housing through a document recording fee.
HB 2470
Relating Clause: Relating to dogs.
Title:
Prohibits owning, possessing, controlling or having charge of more than 25 sexually intact
dogs aged four months or older. Imposes conditions for owning, possessing, controlling
or having charge of 10 or more sexually intact dogs aged four months or older. Creates
exceptions. Makes violation subject to maximum penalty of six months' imprisonment,
$2,500 fine, or both.
5
Imposes requirements and prohibitions on pet dealers selling, bartering or exchanging
dogs. Provides customers of pet dealers with specific remedies if dogs have diseases,
illnesses, adverse conditions or adverse congenital or hereditary defects.
Sponsored by: Representatives HOLVEY, GELSER, Senators COURTNEY, WALKER; Representatives
BUCKLEY, COWAN, GALIZIO, GARRARD, MATTHEWS, SCHAUFLER, WITT, Senator
PROZANSKI
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2470.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman C. Tilby EPD-ADM 2/3/2009 Pri 3 No No Neutral
Comments:
**Recommend review of this bill by IGR Committee**
This bill, sponsored by Senators Walker and Prozanski among others, is directed at
regulating so-called "puppy mills." Although we are taking a "neutral" position from a
police standpoint, we recommend that the IGR Committee look at the bill from a broader
public policy perspective to determine whether they might like the City to take a position
of support for the bill.
Only Section 1 of the bill deals with a criminal offense and, as such, this is the area of the
bill which would affect EPD. Since this is not a problem we encounter frequently in the
city, we are not recommending active lobbying of the bill from this perspective.
However, the remainder of the 6-page bill contains requirements for "pet dealers" and
protections for consumers who buy animals which have significant medical issues. This
would allow some regulation of some current practices, including requirements for
humane treatment of the animals, and would provide consumers with some meaningful
remedies.
HB 2472
Relating Clause: Relating to business energy tax credits; prescribing an effective date.
Title:
Establishes calendar year limit on total cost of facilities for which State Department of
Energy may issue preliminary certificates for business energy tax credit.
Applies to applications for preliminary certification received on or after January 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: COMMITTEE ON REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2472.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 2/3/2009 Pri 3 Monitor
Comments:
I concur with Ethan and Larry.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/2/2009 Pri 3 Yes YesIV. A Monitor
Comments:
HB 2472 does not include the proposed Business Energy Tax Credit (BETC) cap
amount in Section 2 (1). This figure is crucial to understanding the impact to local
development. The City supports tax credits related to sustainable development (IV.A.
Sustainable Development), yet this bill proposes to set a limit to the BETC to support a
balanced budget at the state level. This bill should be monitored for the proposed cap
amount.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill CS-FIN 2/2/2009 Pri 3 Yes YesIV. A Monitor
Comments:
HB 2472 would have no direct financial impact on the City of Eugene. I defer to Ethan's
recommendation to monitor the measure in light of the City's legislative policy on
sustainable development.
6
HB 2474
Relating Clause: Relating to property tax collection; prescribing an effective date; providing for revenue
raising that requires approval by a three-fifths majority.
Title:
Reduces discount on payment of property taxes.
Applies to property tax years beginning on or after July 1, 2008.
Takes effect on 91st day following adjournment sine die.
Sponsored by: COMMITTEE ON REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2474.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/2/2009 Pri 2 Yes YesII. A1 Support
Comments:
HB 2474 would reduce the statutory discount allowed on early payment of property taxes
from 2% to 1% for 1/3 payment by November 15, and from 3% to 2% for full payment by
November 15.
The reduced discount would decrease discount-related losses of revenue to the City, but
this may be mitigated because athe remaining discount may not be a sufficient incentive
for early payment and so would in turn reduce interest earnings on fund account
balances. These considerations make it difficult to estimate the revenue impact on the
City. On balance I think the measure is likely to benefit the City's revenue.
HB 2483
Relating Clause: Relating to physical hazards to air navigation.
Title:
Requires person to get permit from Oregon Department of Aviation before constructing
object or structure that constitutes physical hazard to air navigation.
Sponsored by: Representative CLEM (at the request of Oregon Department of Aviation) (at the request
of Oregon Department of Aviation)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2483.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Cathryn Stephens PW-APT 2/3/2009 Pri 2 Oppose
Comments:
Oppose unless amended to add "with approval from local airport sponsor." The language
in Section 2 would currently permit the ODA to allow the construction of an object or
structure that poses a hazard to air navigation with no input from the airport sponsor. This
could potentially impact the Eugene Airport.
HB 2493
Relating Clause: Relating to greenhouse gas cap-and-trade systems.
Title:
Prohibits Environmental Quality Commission from establishing greenhouse gas cap-and-
trade system.
Sponsored by: Representative SCHAUFLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2493.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/2/2009 Pri 1 Yes YesVII. A1 Oppose
Comments:
7
HB 2493 prohibits the Oregon Environmental Quality Commission from establishing a
cap and trade system for greenhouse gases. This bill is counter to the City of Eugene
legislative policy on greenhouse gas, counter to the recommendations made by the
Western Climate Initiative, and counter to Governor Kulongoski’s Climate Change
Initiative.
While there are challenges to the design and implementation of a cap and trade
mechanism, removing the ability for a professional state organization to establish a
citizen led process is counter productive to addressing the Climate Change issue.
The City of Eugene should oppose HB 2493
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/3/2009 Pri 1 Yes YesVII. A1 Oppose
Comments:
Oppose for the reasons outlined by Ethan.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 2/3/2009 Pri 1 Oppose
Comments:
I concur with Ethan and Larry.
HB 2494
Relating Clause: Relating to active duty military service homestead property tax exemption.
Title:
Extends active duty military service homestead property tax exemption to residents
deployed by Armed Forces of United States for more than 178 consecutive days.
Applies to property tax years beginning on or after July 1,
2010.
Sponsored by: Representative MAURER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2494.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/3/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
HB 2494 would extend an existing property tax partial exemption. The measure would
reduce revenue to the City of Eugene and all other local jurisdictions depending on
property tax revenue. The lost revenue would not be replaced by the Legislature.
Curently within Eugene about $2.3 billion in otherwise taxable property value is exempted
under the dozens of kinds of property tax exemptions in state statutes. This would
produce about $15.8 million revenue for the City's General Fund if it were not exempt
property. There are continuing efforts in the Legislature to expand current exemptions
and add new exemptions, each of which would reduce City revenue further.
HB 2496
Relating Clause: Relating to property tax exemptions for charitable organizations; prescribing an effective
date.
Title:
Authorizes property tax exemptions for qualified welfare programs that benefit animals.
Permits qualified welfare programs to apply for refund or abatement of property taxes.
Applies to tax years beginning on and after July 1, 2002.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative ROBLAN; Representative BOONE, Senator BURDICK (at the request of
Florence Area Humane Society)
URL: http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2496.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
8
Larry Hill Larry Hill CS-FIN 2/2/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
HB 2496 would create a new, additional property tax exemption that would reduce
revenue to the City of Eugene and all other local jurisdictions depending on property tax
revenue. The lost revenue would not be replaced by the Legislature. This particular new
exemption would be retroactive to 2002, requiring reimbursenment for prior years' taxes
paid, and would apply going forward. Curently within Eugene about $2.3 billion in
otherwise taxable property value is exempted under the dozens of kinds of property tax
exemptions in state statutes. This would produce about $15.8 million revenue for the
City's General Fund if it were not exempt property. There are continuing efforts in the
Legislature to expand current exemptions and add new exemptions, each of which would
reduce City revenue further.
HB 2498
Relating Clause: Relating to aviation safety; declaring an emergency.
Title:
Creates crime of endangering aircraft in the second degree. Punishes by maximum of
one year's imprisonment, $6,250 fine, or both.
Expands Port of Portland's regulatory and policing authority to port properties owned,
operated, maintained or controlled by port.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON JUDICIARY (at the request of Port of Portland)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2498.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Cathryn Stephens PW-APT 2/3/2009 Pri 3 Support
Comments:
This bill strengthens existing law regarding endangering aircraft.
HB 2502
Relating Clause: Relating to criminal procedure.
Title:
Expands authority of court to reduce fines for violations.
Provides that search warrant that authorizes seizure of items from corporation or limited
partnership may be executed in manner provided by Oregon Rules of Civil Procedure for
service of summons.
Sponsored by: Representative OLSON, Senator PROZANSKI; Representatives BARKER, BARTON,
BERGER, BOONE, BRUUN, BUCKLEY, CLEM, ESQUIVEL, FREEMAN, GARRARD,
HUFFMAN, JENSON, KOMP, MATTHEWS, SCHAUFLER, SPRENGER, WHISNANT,
WINGARD, Senators ATKINSON, BOQUIST, DEVLIN, FERRIOLI, GEORGE,
METSGER, WALKER, WINTERS
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2502.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman EPD-ADM 2/2/2009 Pri 2 No No Support
Comments:
Defer to Muni Court on Section 1 of the bill, which deals with the authority of courts to
reduce fines for violations.
We support Section 2 of the bill, which is identical with HB 2265, on which recommended
a Priority 2/support position. This section provides for using an alternative method,
consistent with procedures currently in place under the Oregon Rules for Civil Procedure
for the service of summonses, for serving search warrants on corporations and limited
partnerships.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 2/3/2009 Monitor
9
Comments:
Monitor for changes that may impact Municipal Court.
SB 0009
Relating Clause: Relating to mandatory health insurance coverage of treatment of inborn errors of
metabolism; declaring an emergency.
Title:
Removes sunset on requirement that health insurers, health care service contractors and
multiple employer welfare arrangements provide coverage for treatment of inborn errors
of metabolism under specified conditions.
Declares emergency, effective July 1, 2009.
Sponsored by: Senator COURTNEY
URL:http://www.leg.state.or.us/09reg/measpdf/sb0001.dir/sb0009.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/28/2009 Pri 3 No No
Comments:
So new impact on the City's plans. Just want to monitor.
SB 0105
Relating Clause: Relating to penalties for environmental laws.
Title:
Increases maximum penalties for violations of environmental
laws.
Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality
URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0105.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Eric Wold Eric Wold PW-POS 1/20/2009 Pri 2 Yes YesVII. A3 Support
Comments:
See comments submitted by Paul Klope and Therese Walch.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Therese Walch Therese Walch PWE 1/20/2009 Pri 2 Yes YesVII. B1 Support
Comments:
This bill is not expected to impact the City of Eugene directly since the City complies with
environmental regulations. However, since this bill increases out-dated penalty fees for
violation of environmental laws, they will provide a more meaningful deterrent against
negligent behavior which benefits the environment including in Eugene. Oregon DEQ's
penalty fees for violations of environmental laws were set in 1973 and at this point in
time, with inflation, are only worth about 25% of their original potency. Oregon's fees are
currently at the low end of the spectrum when compared to the rest of the country.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 1/29/2009 Pri 2 Yes YesVII. A3 Support
Comments:
The title describes the bill. Increases monetary penalties for unlawful handling,
transportation or disposal of solid waste or hazardous waste, unlawful air and/or water
pollution.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lori Davis Peter Ruffier PWW 1/26/2009 Pri 3
Comments:
We concur with Therese Walch's comments.
10
SB 0168
Relating Clause: Relating to agencies; appropriating money.
Title:
Allows state agencies to construct and operate facilities for generation of electricity.
Conditions sale of electricity generated. Allows certain agencies to purchase renewable
energy certificates.
Provides that revenues from sale of electricity are continuously appropriated to agency
that sells electricity.
Sponsored by: Governor Theodore R. Kulongoski for Oregon Department of Administrative Services
URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0168.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Felicity Fahy Felicity Fahy CS-CMO 1/30/2009 Pri 3 Yes YesVII. A1 Support
Comments:
Concur with Ethan's comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 1/29/2009 Pri 3 Yes YesVII. A1 Support
Comments:
SB 168 authorizes state agencies to construct and operate facilities for generation of
electricity and other power generation/sale mechanisms. The City should support this as
it allows state agencies to invest in renewable energy generation and sell any “Green
Tags” to a third party.
This policy will have the long term affect of decreasing greenhouse gas emissions, push
state agencies toward energy independence, and levelize power costs over the long
term.
Locally, this would benefit the City and community by allowing large state owned facilities
to generate their own power, sell to local utilities and offset projected increases in local
utilities baseload; thereby reducing the need for generation investments by the utilities.
The legislation expands the current level of authority for some state agencies (such as
Oregon University System) to build/operate/sell power) to all state agencies.
SB 0192
Relating Clause: Relating to historic property tax incentives; prescribing an effective date.
Title:
Creates historic property partial tax exemption. Requires property owners applying for
historic property partial tax exemptions to submit and implement historic preservation
plan for participating property. Establishes initial 15-year period of partial tax exemption
after which property owners continue to receive partial tax exemption at lower
percentage. Authorizes recertification for second period of partial tax exemption.
Permits application for participation in historic property partial tax exemption until July 1,
2025.
Restricts second 15-year term of historic property special assessment to commercial
historic properties and to residential historic properties located in areas where governing
body has authorized second term for residential property. Reduces application fee for
participation in historic property special assessment program.
Creates indeterminate period partial tax exemption for historic properties that have
completed at least one 15-year period partial tax exemption.
Extends existing historic property special assessment program to July 1, 2025.
Sponsored by: Governor Theodore R. Kulongoski for State Parks and Recreation Department
URL: http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0192.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/2/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
11
SB 192 would establish a new 15 year partial exemption from property taxes for
properties for which historic preservation plans have been submitted to and approved by
the state. Participating residential property would be taxed on 60% of assessed value,
and commercial property would be taxed on 50% of assessed value, for 15 years, after
which the exemption could be renewed. The state would not reimburse local jurisdictions
for lost property tax revenue. It is unknown how many properties would qualify for the
exemption, so financial impact on the City of Eugene cannot be accurately estimated.
Curently within Eugene about $2.3 billion in otherwise taxable property value is exempted
under the dozens of kinds of property tax exemptions in state statutes. This would
produce about $15.8 million revenue for the City's General Fund if it were not exempt
property. There are continuing efforts in the Legislature to expand current exemptions
and add new exemptions, each of which would reduce City revenue further.
SB 0201
Relating Clause: Relating to energy efficiency in low income housing; appropriating money.
Title:
Establishes energy efficiency program within Housing and Community Services
Department. Specifies purposes of program funding.
Appropriates moneys to department for 2009-2011 biennium for purposes of carrying
out program.
Sponsored by: Governor Theodore R. Kulongoski for Housing and Community Services Department
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0201.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Ethan Nelson PDD-BPS 1/29/2009 Pri 2 Support
Comments:
I support Richie's comments. In addition, the funding will help transform the market for
implementing more energy efficiency and green building strategies in the construction
industry.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 1/20/2009 Pri 2 Yes YesIV. C Support
Comments:
Increasing energy efficiency will help to lower the utility bills for low-income households,
making their housing more affordable. This bill establishes an incentive program.
SB 0227
Relating Clause: Relating to furnishing alcoholic beverages to a minor.
Title:
Increases penalty for knowingly furnishing alcohol to persons under age of 21 years.
Imposes suspension of driving privileges or right to apply for driving privileges for 90
days in certain instances.
Sponsored by: Attorney General Hardy Myers for Attorney Generals Underage Drinking Task Force
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0227.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman EPD-ADM 2/2/2009 Pri 3 No No Support
Comments:
We support this bill, introduced at the request of the Attorney General's Underage
Drinking Task Force, which would increase penalties for persons who furnish alcoholic
beverages to minors or intoxicated persons. It would increase the fines involved, and
prescribe a suspension of the person's driver's license for repeated convictions. We
believe that these increased sanctions will potentially deter individuals from providing
alcohol to minors and, if they choose to do so anyway, will provide a more appropriate
12
consequence for the offense. The many negative consequences of underage drinking---
including impaired driving, alcohol poisoning, and literally fueling riots in some cases---
are well-known.
SB 0285
Relating Clause: Relating to marijuana.
Title:
Directs State Board of Pharmacy to classify marijuana as
controlled substance in Schedule II.
Sponsored by: Senate Interim Committee on Judiciary
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0285.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman K. McCormick EPD-ADM 2/3/2009 Pri 3 No No Support
Comments:
Although we do not recommend active lobbying for this bill, we are supportive of this bill,
which would change marijuana to a Schedule II drug. This classification would be more
realistic than its current Schedule I drug designation.
SB 0291
Relating Clause: Relating to reporting vehicle accidents.
Title:
Requires filing of accident report when accident involves pedestrian or bicyclist.
Creates offense of failure of pedestrian or bicyclist to make accident report. Punishes by
maximum fine of $360.
Sponsored by: Senate Interim Committee on Judiciary for Bicycle Transportation Alliance
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0291.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman D. Schulz EPD-ADM 1/28/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
**Oppose as written; neutral if properly amended**
We recommend that the bill be amended to remove Section 1(3). If this is done, we
would be neutral on the bill.
Current Oregon law requires that involved drivers file accident reports if the accident
either (1) results in death or injury to any person, or (2) the property damage to any
person's property exceeds $1500. Section 1(3) of this bill would require that a driver file
an accident report for *any* accident involving a bicycle or pedestrian which occurred on
a street or premises open to the public (e.g., store parking lots) whether or not there was
*any* property damage or injury. This means that if a driver going 2 mph bumps a
bicycle in a parking lot, even if there is no damage or injury, the driver must file an
accident report. If the same driver runs into another car and causes $1400 damage, s/he
does not have to file an accident report.
This increased reporting will result in a significant increase in workload (and expense) for
DMV in processing these reports. In addition, the driver will now have a reported
accident on his/her driving record, potentially increasing his/her insurance premium. The
law already requires a report if the accident involves *any* injury to the bicyclist or
pedestrian, regardless of severity. We feel that the requirement included in Section 1(3)
of this bill is unnecessary for any public safety purpose, and will simply place an
additional unfunded workload on DMV.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker Lee Shoemaker PWE 1/30/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
13
I agree with the position taken by Officer Schulz to oppose but neutral if Section 3 is
eliminated because injury crashes already are required to be reported. I would add that
additional crash reports will also be required to be filed by pedestrians and bicylists for
very minor crashes with little or no damage.
SB 0302
Relating Clause: Relating to Oregon Tort Claims Act.
Title:
Provides that if state agency contracts with another public body for performance of
functions that would otherwise be performed by state agency, other public body is agent
of state agency for purposes of Oregon Tort Claims Act. Provides that contract may
provide that other public body waives right to indemnification under Oregon Tort Claims
Act if contract also requires that other public body have insurance coverage equal to
limitations imposed on recoveries for state agency under Oregon Tort Claims Act.
Sponsored by: Senate Interim Committee on Judiciary for Oregon Tort Claims Task Force
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0302.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Myrnie Daut Myrnie Daut CS-HRRS 1/27/2009 Pri 2 No No Oppose
Comments:
This is problematic because under SB 311 the state and local govts would have different
tort claim limits and the City would be required to have insurance to cover the higher
state limits proposed in SB311. In addition, this could present problems for entities that
do not purchase insurance or have large self-insured retentions. For example, the City of
Eugene is moving $1 million self-insured retention July 1, 2009.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Perry CS-FIN 1/28/2009 Pri 2 Oppose
Comments:
Agree with Myrnie's comments...
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jerome Lidz ATTNY 1/27/2009 Pri 2 No No Oppose
Comments:
I agree with Myrnie's comments.
The bill clarifies that the City would be an agent of the State if the City contracts with a
state agency to perform a function that would otherwise be performed by the State. That
much is fine. Although in theory it also makes sense for the City to assume the liability
for its actions under the contract if the State is paying the City for the work, this bill isn't
limited to contracts where the City receives payments. And, as Myrnie comments,
requiring the City to carry insurance to the state's liability limits, which will be three times
higher than the City's if SB 311 passes, is a big burden for the City.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 1/16/2009
Comments:
I defer to the City Attorney and Risk Services for their opinion regarding priority and
recommendation.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 1/20/2009
Comments:
I defer to the City Attorney on this one.
14
SB 0305
Relating Clause: Relating to Oregon Tort Claims Act.
Title:
Allows public body to enter into agreement with agent that provides that agent waives
right to indemnification under Oregon Tort Claims Act if agreement also requires that
agent have insurance coverage equal to limitations imposed on recoveries under Oregon
Tort Claims Act. Provides that if public body has entered into such agreement, liability of
public body for claim arising out of agent's tort is reduced to extent that claim is payable
from insurance available to agent.
Sponsored by: Senate Interim Committee on Judiciary for Oregon Tort Claims Task Force
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0305.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Jeff Perry CS-FIN 1/28/2009 Pri 2 Monitor
Comments:
In agreement with Myrnie and Jerry...
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jerome Lidz ATTORNEY 1/27/2009 Pri 2 No No Monitor
Comments:
This bill would allow the City to enter into an agreement with an agent that waives the
agent's right to indemnification otherwise required by statute, but only if the agent carries
insurance comparable to the Tort Claims Act coverage. The concept is fine, but it would
be a significant burden for the City to enforce the insurance requirement with every
contractor that might be deemed an agent of the City.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/21/2009 Pri 2 No No Monitor
Comments:
We think agents should be able to waive defense & indemnification but that it should not
be tied to any insurance requirements.
SB 0310
Relating Clause: Relating to deoxyribonucleic acid; declaring an emergency.
Title:
Requires custodian to preserve biological evidence related to criminal activity until certain
conditions are met. Provides that court may impose sanctions or order other remedies for
unauthorized destruction.
Creates Task Force on DNA Retention to devise standards for collection of biological
evidence.
Sunsets task force on January 2, 2012.
Declares emergency, effective on passage.
Sponsored by: Senate Interim Committee on Judiciary for American Civil Liberties Union
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0310.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/2/2009 Pri 2 Yes YesV. C1 Oppose
Comments:
Although this bill sounds good in concept, its passage would result in a very significant
additional expense to EPD, as well as all other Oregon law enforcement agencies. With
projections based on the current percentage of evidence which would qualify as DNA
evidence, should this bill become law, it would probably require triple our current square
footage of storage and staff requirements within five years, including freezers,
refrigerators and general vault type storage secure from pests, flooding, and temperature
extremes. We would most likely require several walk-in freezers and refrigerators to be
15
built in an emergency warehouse. Estimated cost: $2 million for a plain warehouse
design built on city owned land (not including space-saver shelving, which would be
required at an additional cost) plus monthly operating costs including security, HVAC,
phone, etc.
In addition to the potentially large expense required for storage of this evidence for the
extremely long periods of time specified by the bill, there are some other concerns:
Section 1(3) requires that "an inventory of biological evidence that has been preserved
under this section" be provided "upon written request by the defendant." First, this
language doesn't limit the response to the evidence relevant to the defendant, so it could
be interpreted to require that a complete inventory of all evidence be provided. Even if
this were interpreted in the way it is obviously intended (i.e., an inventory of evidence
relevant to the defendant's own case), there is no limit on how often such a request could
be made. Conceivably, a defendant could send such a request each month as a
harassment tactic, and we would be required to provide a response. (We currently have
one person in prison for rape who is on a regular basis trying to contact the detective
involved in his case. If this bill became law, he would almost certainly be sending such
requests with the same regularity.)
Section 1(4)(b) requires notice by certified mail to several persons if evidence is to be
destroyed. The cost of doing this is not inconsequential. As of today, the cost for us to
send one certified letter is $5.32. For just one defendant, the minimum cost to notify the
defendant, his lawyer, the DA, the Executive Director Office of Public Defense Services
and the Attorney General would be $26.60 per case. This would also increase employee
hours in the property room and mail room just in filling out paperwork.
Although Section 1(5) creates an exception for items for which retention is "impracticable"
due to the "size, bulk, or physical character" of the item, it does not account for the sheer
volume of items which, individually, are not a problem, but collectively require a lot of
storage space. As an example, our Forensic Evidence Unit routinely swabs potential
evidence such as beer bottles, pop cans, etc. and the swabs become the potential DNA
evidence so we can dispose of the original container to save space. (This is similar to
taking a small cutting of a bed spread so the original can go back to an owner or be
disposed so law enforcement doesn't have to keep 3 cu. Ft. of evidence.) Language in
the bill could require keeping the original articles, unless we went through the procedural
steps in the bill to allow destruction, creating another significant additional workload.
We have no problem with Section 2 of the bill which would appoint a Task Force to deal
with DNA retention issues. In fact, we believe that such a task force might be able to
arrive at a solution which creates a practical balance between the desire to retain DNA
evidence and the need to be realistic in terms of what agencies can reasonably be
expected to do in the current climate of inadequate---and diminishing---resources. We
would recommend that, if the bill is to move forward, Section 1 of the bill be eliminated.
SB 0316
Relating Clause: Relating to clinical trials.
Title:
Requires health benefit plan to provide coverage of routine costs of care in qualifying
clinical trials subject to copayment and other cost sharing requirements. Limits liability of
insurers for adverse effects of clinical trial.
Sponsored by: Senator DEVLIN
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0316.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/28/2009 Pri 3 No No Monitor
Comments:
Interesting idea. Not currently covered under the City's plans.
16
SB 0319
Relating Clause: Relating to operating a motor vehicle while using a mobile communication device.
Title:
Prohibits person of any age from operating motor vehicle while using mobile
communication device. Provides exceptions.
Sponsored by: Senator DINGFELDER
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0319.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tony Jobanek PWM 1/27/2009 Pri 3 Oppose
Comments:
Agree with comments from Eric Jones that use of a two way radio system by Public
Works departments are not included in the exemptions. This type of communication
equipment is essential in performing daily job functions and during adverse weather
operations. Need clarification on what constitutes and "emergency vehicle" in the bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 1/30/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We concur with Eric's analysis. This bill, which is similar to SB 329, would apply to two-
way radios used in both the public sector (e.g., public works) and the private sector,
although this may not be what the bill is targeting. Any police or fire vehicle that meets
the definition of an "emergency vehicle" (ORS 801.260) would be exempt; however, the
operators of any that do not would also be prohibited from using a two-way radio.
One thing that the bill does that we do agree with is to delete the portion of the current
version of ORS 811.507 which treats it as a secondary violation (enforceable only when
the person has been stopped for another offense).
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
As drafted by Sen. Dingfelder, SB 319 would appear to include two-way radios under the
definition of "mobile communication device." Public Works vehicles are not exempted
from the bill. Therefore, Public Works employees would not be permitted to operate two-
way radios or cell phones, even when responding to critical calls and weather
emergencies. (see also SB 329)
I defer to Tony Jobanek, as fleet manager, to determine the feasibility of installing hands-
free phone and radio equipment in City fleet vehicles, particularly those assigned to
operational patrols (e.g., sweepers, dump trucks, etc.).
I defer to Ellwood Cushman to respond to the law-enforcement aspects of this bill.
Based on the above analysis, Public Works recommends a position of priority 3 opposed,
unless the bill is amended to address these concerns. This is consistent with the
legislative position taken on HB 2645 in the 2007 legislative session.
SB 0329
Relating Clause: Relating to use of mobile communication device while driving.
Title:
Prohibits operation of motor vehicle while using mobile communication device except
under certain circumstances. Authorizes suspension of driving privileges for repeat
offenses.
Sponsored by: Senator BURDICK
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0329.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tony Jobanek PWM 1/27/2009 Pri 3 Oppose
Comments:
17
I have the same comment as in SB319. The bill does not identify exemptions as
including public work department operations. Needs addition clarifications of what
constitutes "an emergency vehicle"
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We concur with Eric's analysis. This bill, which is similar to SB 319, would apply to two-
way radios used in both the public sector (e.g., public works) and the private sector,
although this may not be what the bill is targeting. Any police or fire vehicle that meets
the definition of an "emergency vehicle" (ORS 801.260) would be exempt; however, the
operators of any that do not would also be prohibited from using a two-way radio.
One thing that the bill does that we do agree with is to delete the portion of the current
version of ORS 811.507 which treats it as a secondary violation (enforceable only when
the person has been stopped for another offense).
This bill is identical with HB 2377.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 1/21/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
The operational effects of SB 329 are identical to those proposed in SB 319. Per that
analysis:
This bill would appear to include two-way radios under the definition of "mobile
commuication device." Public Works vehicles are not exempted from the bill. Therefore,
Public Works employees would not be permitted to operate two-way radios or cell
phones, even when responding to critical calls and weather emergencies.
I defer to Tony Jobanek, as fleet manager, to determine the feasibility of installing hands-
free phone and radio equipment in City fleet vehicles, particularly those assigned to
operational patrols (e.g., sweepers, dump trucks, etc.).
SB 329 differs from SB 319 in the penalty section. I defer to Ellwood Cushman to
respond to the law-enforcement aspects of this bill.
Based on the above analysis, Public Works recommends a position of priority 3 opposed,
unless the bill is amended to address these concerns. This is consistent with the
legislative position taken on HB 2645 in the 2007 legislative session
SB 0343
Relating Clause: Relating to public employee retirement
Title:
Removes limit on number of hours retired member may work and still qualify for
retirement under Public Employees Retirement System if retired member is employed by
school district or education service district as other than teacher or management
employee, or by community college as other than faculty member or management
employee. Applies to Oregon Public Service Retirement
Plan.
Sponsored by: Senator ROSENBAUM (at the request of Oregon School Employees Association)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0343.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/28/2009 Pri 3 No No Monitor
Comments:
No impact on the City as written. Monitor for changes.
SB 0351
Relating Clause: Relating to property tax exemption for religious leader dwellings.
18
Title:
Exempts from property taxation dwelling provided by religious organization for its spiritual
leader and lot on which dwelling is located. Provides that exemption does not apply if
spiritual leader occupies another residence as primary dwelling or if religious organization
or occupant of dwelling receives pay for use of property, unless pay is for foster care
provided in dwelling.
Applies to property tax years beginning on or after July 1, 2010.
Sponsored by: By Senator MONROE (at the request of Don LaFont)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0351.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/2/2009 Pri 1 Yes YesII. A2 Oppose
Comments:
SB 351 would have a negative financial impact on the City of Eugene. It would expand
the existing property tax exemption for religious property. The statutes currently exempt
property used for public worship, administration, education, literary, benevolent,
charitable, entertainment and recreational purposes by religious organizations. SB 351
would expand that exemption to include a dwelling and lot provided by a religious
organization and used by a spirtual leader as a primary residence. Current state law
already exempts religious property with a assessed value of $3.1 billion. In the "2009-11
Tax Expenditure Report" the Oregon Department of Revenue extimates that curent law
will result in a loss of $39.6 million in local property tax revenue, and an accompanying
shift of $14.7 million to other taxpayer, in the 2009-11 biennium. SB 351 would increase
these negative impacts on local governments and schools.
Curently within Eugene about $2.3 billion in otherwise taxable property value is exempted
under the dozens of kinds of property tax exemptions in state statutes. This would
produce about $15.8 million revenue for the City's General Fund if it were not exempt
property. There are continuing efforts in the Legislature to expand current exemptions
and add new exemptions, each of which would reduce City revenue further.
SB 0352
Relating Clause: Relating to sobriety checkpoints; prescribing an effective date.
Title:
Authorizes law enforcement agencies to establish sobriety checkpoints.
Takes effect only if Senate Joint Resolution 7 (2009) is approved by people at special
election held on same date as next primary election. Takes effect on effective date of
constitutional amendment proposed in Senate Joint Resolution 7 (2009).
Sponsored by: Senator MONROE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0352.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman M. Gilbert EPD-ADM 2/3/2009 Pri 2 Yes YesV. C7 Support
Comments:
We strongly support this bill, which would authorize the use of sobriety checkpoints to
detect impaired drivers *only if* the voters approve an amendment to the Oregon
Constitution authorizing them. The bill would require that such checkpoints be conducted
in accordance with guidelines issued by the National Highway Traffic Safety
Administration.
We've come a long way over the past three decades with respect to reducing the DUII
problem but, as evidenced in the recent very tragic events locally, we still have a long
way to go. Across this country we are still seeing the deaths of over 40,000 people and
many times that number permenantly maimed and injured. A large percentage of those
are still attributed to impaired driving. Studies have shown that for every one DUII
arrested, 500 to 2000 more go driving down the road uncontacted. The variance is
dependent upon the level of DUII enforcement any given area gives to the problem, thus
proving the effectiveness of good DUII enforcement. In the areas where the incidence of
19
DUII has been effectively reduced the collision rate and fatality rates have dropped with
it. (Sacramento CA conducted such a study over a three year period.)
The sobriety checkpoint is a proven tool in the detection of the DUII driver across the
country. As you know, law enforcement agencies in Oregon have not been permitted to
use this tool due to court rulings with respect to the wording of the Oregon Constitution.
This technique is used to great effect in most states around the nation and the National
Highway Traffic Safety Administration has established guidelines for the conduct of the
sobriety checkpoint.
We am confident with what we know about the DUII problem and how to effectively
combat it, if we had use of this tool and the resources to use it appropriately, we could
take more impaired drivers off the road and save lives.
SB 0376
Relating Clause: Relating to allocation of lottery bonds; declaring an emergency.
Title:
Authorizes issuance of lottery bonds for financing transportation improvement projects.
Declares emergency, effective July 1, 2009.
Sponsored by: Senator GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0376.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 1/30/2009 Pri 2 Yes YesIII. A Monitor
Comments:
This bill, introduced by Sen. Larry George, R-Dist. 13, authorizes the issuance of $150
million in lottery bonds for four specific highway projects in his district. The magnitude of
spending authority is at a level similar to past biennial ConnectOregon allocations.
Because, by definition, none of these projects benefit Eugene or Lane County, and
because this bill, if approved, would likely compromise or eliminate the possibility of
funding projects in Eugene and Lane County, this reviewer sees no reason to support this
bill.
This reviewer recommends a different approach to the allocation of lottery funds for
highway projects. This approach, similar to ConnectOregon programs in the past, would
establish broad criteria that apply throughout the state. Specific projects then compete for
limited funding, with the expectation that those projects with the most merit and that best
benefit the citizens of Oregon are selected to receive funding.
It may be politic to work with Sen. George on other legislation beneficial to Eugene. This
reviewer defers to the IGR Manager to determine that aspect.
The relating clause is broad enough that, at the very minimum, a monitor position should
be taken.
SB 0387
Relating Clause: Relating to smoking in a motor vehicle.
Title:
Creates offense of smoking in motor vehicle while person under age of 16 is in motor
vehicle. Punishes by maximum fine of $50.
Sponsored by: Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0387.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 1/30/2009 Pri 3 No No Oppose
Comments:
***Oppose as written; neutral if appropriately amended***
This bill, which is similar to HB 2385, is really a bill related to public health, rather than to
traffic safety or any other area in which law enforcement agencies normally operate.
20
From a public health standpoint, it is arguably a good thing to keep those under age 16
from suffering the effects of second-hand smoke while inside a vehicle. However,
enforcement would be difficult and, given the necessary emphasis on enforcing traffic
laws which directly relate to driving behaviors that result in traffic crashes, could not be
an enforcement priority.
Although we took a "neutral" position on HB 2385, we are opposed to this bill because we
object to the fact that the bill is treating this violation as a "secondary violation", which is
enforceable only when the driver has been stopped for another violation. (This
unfortunate concept was introduced into Oregon law by the 2007 legislature when it
passed a bill on mobile communications devices.) If something is going to be against the
law, police officers should be able to enforce the law; if not, then the action should not be
made part of the body of criminal and traffic law that police officers are expected to
enforce. The particularly odd thing about the application of this concept here is that,
although it may be a passenger that is violating the law, it cannot be enforced unless the
officer has some reason to stop the *driver* for some other violation. If the "secondary
violation" language contained in Section 2(2) were removed, we would be neutral on this
bill.
SB 0418
Relating Clause: Relating to expenditure of lottery moneys; declaring an emergency.
Title:
Limits expenditure of lottery moneys used to create jobs or further economic
development to use within economically distressed counties.
Declares emergency, effective on passage.
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0418.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Larry Hill Larry Hill CS-FIN 2/3/2009 Pri 2 Yes YesII Oppose
Comments:
SB 418 would restrict the use of most Lottery proceeds to a handful of economicly
distressed, primarily rural counties only. In the past Lottery-funded projects have been
distributed statewide. For example, Eugene's economy has benefited from 2007 Lottery
grants for the construction of SeQuential Biofuels fueling station on McVey Highway. A
Lottery grant in 2005 leveraged a $15 million investment by Invitrogen to keep and
expand its Molecular Probes subsidary in Eugene. Springfield received a Lottery grant in
2006 to train workers for the Royal Ceribbean customer service center, which employes
people from the entire metropoliton area. The Lottery has also invested millions in
upgrading State parks and waterways across the state. SB 418 would limit such activity
to just a few rural counties. An important point is that the primary opportunities to use
limited Lotter funds for sustained economic development do not lie in the sparsely
populated rural areas of the state, but in the populated areas that have the transportation,
utility and educational infrastructure and available quality workforce to leverage and
sustain private investment.
SJR 7
Relating Clause: Proposes amendment to Oregon Constitution authorizing sobriety checkpoints for law
enforcement purposes.
Title:
Proposes amendment to Oregon Constitution authorizing sobriety checkpoints for law
enforcement purposes.
21
Refers proposed amendment to people for their approval or rejection at next primary
election.
Sponsored by: Senator MONROE
URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0007.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 2/3/2009 Pri 2 Yes YesV. C7 Support
Comments:
We strongly support this resolution, which would refer an amendment to the Oregon
Constitution to the voters for their determination a to whether sobriety checkpoints for
impaired drivers should be authorized.
All that passage of this resolution will do is to refer the question to the voters, who can
then decide whether they want to amend the Oregon Constitution.
For reasons we have stated in our support of SB 352 (which would statutorily authorize
such checkpoints if the amendment is approved by voters), we feel that sobriety
checkpoints are an important tool to help protect all of those using the roadways from the
extreme danger posed by impaired drivers.
SJR 13
Relating Clause: Proposing amendment to Oregon Constitution relating to surplus corporate income or
excise tax revenue.
Title:
Proposes amendment to Oregon Constitution to transfer surplus corporate income or
excise tax revenue to reserve fund intended to provide funding in response to economic
decline.
Refers proposed amendment to people for their approval or rejection at next regular
general election.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0013.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/2/2009 Pri 3 Yes YesII Support
Comments:
SJR 13 would propose an amendment to establish a state rainy day fund. It not have a
financial impact on the City of Eugene, but would be consistant with the City's legislative
policy. The amendment would redirect corporate and excise tax "kicker" revenue to the
reserve fund.
22
IGR BILL REPORT
February 18, 2009
CITY OF EUGENE
HB 2076
Relating Clause: Relating to provider assessment; providing for revenue raising that requires approval by a
three-fifths majority.
Title: Creates assessment by Department of Revenue upon patient care, items or services
provided by specified categories of health care providers.
Requires that moneys collected by department from assessment be deposited to
Oregon Health Plan Fund.
Sponsored by: House Interim Committee on Revenue
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2076.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 2/4/2009 Pri 2 Yes YesII Oppose
Comments:
Fire & EMS agrees with Finance. Bill would increase health care costs generally, and
ambulance transport costs specifically, at a time when financial projections for the
ambulance service are gloomy. Depending on the rate of taxation ultimately proposed,
priority could rise to 1.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/3/2009 Pri 2 Yes YesII Oppose
Comments:
HB 2076 could have a significant negative financial impact on the City of Eugene and
adversely impact City employees and their families. The measure would impose a state
tax assessment (rate currently left blank) on net revenue (excluding charity care costs
and bad debt)of a wide range of health care providers. This tax on health care would
increase already high health care costs.
The intent of the measure is to fund the Oregon Health Plan. But this measure's proposal
to increase the cost of health care is counterproductive. Health care coverage provided
by employers would likely be diminished, because organizations providing good health
care benefits to employees would pay a greater share of the tax assessment than
organizations providing fewer or no health care benefits. Similarly, individual health care
consumers would likely be discouraged from using health care services due to higher
costs, reduced benefits and/or higher copayments from individual health care consumers.
In addition, ambulance transport provided by the City would be subject to the tax
assessment, likely requiring increased ambulance transport charges.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 1/28/2009 Pri 2 No No Oppose
Comments:
Defer to Glenn and Larry
HB 2099
Relating Clause: Relating to firearms
Title: Provides persons licensed to carry concealed handgun in another
state with protections provided to persons with Oregon concealed
handgun license.
Sponsored by: at the request of former Representative Donna Nelson for Ken Dollinger
URL:http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2099.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman S. Swenson EPD-ADM 2/10/2009 Pri 3 Yes YesV. C5 Monitor
Comments:
1
This bill would allow persons who are licensed by other states to carry a concealed
handgun to carry it in Oregon in the same manner as a person with an Oregon concealed
handgun license. We are neutral on this bill as currently written, but believe it needs to
be carefully monitored because of the very broad relating clause and the important nature
of its subject matter.
While this bill would create a slight increase in the number of people who would be
carrying concealed handguns, it applies only to those individuals who have gone through
the licensing process in their home state. The potential benefit to the bill is to help create
some inter-state consistency in laws regarding carrying of weapons. Many people from
other states traveling through Oregon no doubt believe that their home state license
already allows them to carry a weapon concealed in this state.
HB 2169
Relating Clause: Relating to sex offender reporting.
Title: Modifies crime of failure to report as sex offender and
procedures related to sex offender reporting.
Sponsored by: Governor Theodore R. Kulongoski for Department of State Police
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2169.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 2/10/2009 Pri 3 No No Support
Comments:
***Support as written; amendment recommended**
We support this bill, which would require that photographs be taken of sex offenders who
are required to report when they do their annual reports, as well as to fingerprint them if
their fingerprints are not already on file with the state. In addition, it would allow
photographing of any scars, tattoos, or other identifying marks. These tools will help to
provide better information with which to locate the person in the event that the person re-
offends or fails to report as required by law.
While this section of the law is being changed, we would also recommend that the
wording which occurs in Section 1(3)(a) and Section 2(4)(a) of the bill be amended. The
involved wording in the bill requires the sex offender to report “in person to the
Department of State Police, a chief of police or a county sheriff.” Although this is the
wording in the current statute, taken literally it would require the person to personally
contact *the* Chief of Police or *the* Sheriff, which is obviously not feasible, nor is it the
intent of the statute. This phrase also occurs elsewhere in the statutes which are the
subject of this bill. We would recommend that the language be changed to that contained
in ORS 181.597, which requires that the report be made to “the Department of State
Police, a city police department or a county sheriff’s office.” Although this has apparently
not been a problem, this bill would be an obvious opportunity to clarify this language and
make it consistent across the statutes.
HB 2170
Relating Clause: Relating to sex offender registration.
Title: Modifies reporting requirements for sex offenders who move into
Oregon.
Sponsored by: Governor Theodore R. Kulongoski for Department of State Police
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2170.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 2/10/2009 Pri 3 No No Support
Comments:
We support this bill, which would adds the requirement a sex offender who moves to this
state must report within 10 days of beginning work at or attending an institution of higher
2
learning. We believe it is important that law enforcement is aware when a registered sex
offender is working or attending an institution of higher education in order to reasonably
protect other students who are considered a vulnerable population.
HB 2186
Relating Clause: Relating to greenhouse gas emissions; declaring an emergency.
Title: Authorizes Environmental Quality Commission to adopt rules to
help state to achieve greenhouse gas emissions reduction goals.
Specifies rules that commission may adopt.
Declares emergency, effective on passage.
Sponsored by: Governor Theodore R. Kulongoski for Department of Environmental Quality
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2186.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/6/2009 Pri 3 Yes YesVII. A1 Monitor
Comments:
Section 3 of this Bill looks useful to target specific rules to reduce greenhouse gas
emissions, but I'm not sure of the meaning or implications of section 4, declaring an
emergency. This section needs to be monitored.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/6/2009 Pri 2 Yes YesVII. A1 Monitor
Comments:
I support Felicity's comments, with the addition that the implemenation of this bill may
have large fiscal impacts on the City through Fleet Services.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tony Jobanek Tony Jobanek PWM 2/6/2009 Pri 3 Monitor
Comments:
I agree wth Felicity in the concern about what constitutes an "emergency." In addition, it
is unclear what the cost would be to the City of Eugene Fleet operations with regard to
not being able to purchase after-market vehicle parts.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/6/2009 Pri 2 Yes YesVII. A1 Monitor
Comments:
HB 2186 would likely have a negative financial impact on the City of Eugene, but I am
not able to estimate the impact. It will likely cause fleet and facility costs to increase. The
City's Legislative Priorities clearly support state efforts addressing reduction of
greenhouse gasses, but this ought to be balanced against the City's financial limitations. I
recommend monitoring this measure to allow the City's representatives to participate in
the discussion and help ensure that the rules that would be developed under the bill take
into account the fiscal condition of local governments while moving the state towards the
reduction of greenhouse gas emissions.
HB 2344
Relating Clause: Relating to discovery of sexually explicit material.
Title: Requires that sexually explicit property or material involving victim of criminal act remain
in control of law enforcement agency or court throughout criminal proceeding.
Sponsored by: Attorney General Hardy Myers and Attorney Generals Sexual Assault Task Force
URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2344.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman R. Barrong EPD-ADM 2/10/2009 Pri 2 No No Support
Comments:
We support this bill, which was introduced at the request of the Attorney General and his
Sexual Assault Task Force.
3
The bill would prohibit the defendant in a case from copying or otherwise duplicating
visual or audible evidence in a case which involved "a victim in a state of nudity or
engaged in sexual activity", provided that such evidence was made available for
inspection, view, and examination at a government facility by the defendant, his/her
attorney, and any qualified expert that the defendant may seek to have testify on his/her
behalf.
The goal of this legislation is to avoid having the victim victimized again by having this
very personal evidence out of the government's hands. Once a copy is outstanding,
there is no control as to what use might be made of this to embarrass or harass the
victim, especially in this age of easy mass dissemination of information (e.g., YouTube).
Note: This bill is nearly identical with SB 209.
HB 2425
Relating Clause: Relating to felony driving while under the influence of intoxicants.
Title: Modifies elements of felony driving while under influence of intoxicants to include prior
participation in diversion program.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2425.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 2/5/2009 Pri 3 Yes YesV. C7 Support
Comments:
We support this bill, which would modify the provisions of the DUII Felony charge to
count a prior DUII diversion as if it were a conviction if it occurred within the 10 years
prior to the current offense.
The DUII Felony provision was created to increase the penalty for those who continue to
drive while impaired after having 3 prior convictions for the same offense during the prior
10 years. This bill would count a diversion as if it were a conviction for this purpose if it
occurred within the past 10 years. We believe that this makes sense because the
diversion program was created to allow a person arrested for DUII for the first time an
alternative with less severe consequences than if s/he were convicted of DUII. It was
never designed to give a person one "free" DUII before consequences set in. For this
change of law to have any effect on an individual, s/he would need to have 2 prior DUII
convictions in addition to the diversion within the 10 years preceding the prosecution for
the current (fourth) DUII. Given the relatively small percentage of DUIIs who are
arrested, a person who has actually been convicted this many times for DUII is a severe
menace to others using the highway, and should be subject to the enhanced penalty.
HB 2426
Relating Clause: Relating to penalties for driving while under the influence of intoxicants.
Title: Imposes minimum fine of $2,500 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 person at time of offense.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2426.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Char Mauch CS-MUNI 2/4/2009 Pri 3 Oppose
Comments:
Municipal Court is concerned about the mandatory jail time due to the lack of jail space in
Lane County.
4
HB 2429
Relating Clause: Relating to enterprise zones.
Title: Modifies qualifications for property tax exemptions for business firms eligible to
participate in enterprise zone program. Requires firms engaged in private construction
projects with value of $5 million or more to comply with prevailing wage rate law.
Sponsored by: Representative SCHAUFLER (at the request of Oregon State Building and Construction
Trades Council)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2429.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/6/2009 Pri 2 No No Oppose
Comments:
HB 2429 would have a negative financial impact on the City of Eugene. It would newly
impose a prevailing wage requirement on private capital investments of $5 or more in an
enterprise zone. This would require the City to monitor compliance, increasing costs to
the City. The State would not reimburse the City for these costs.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/5/2009 Pri 2 Oppose
Comments:
Summary: Requires construction projects of $5 million or more in the enterprise zone tax
exemption program to comply with prevailing wage rate laws.
Reason for Opposition: State prevailing rate laws currently exclude all tax exemption
programs from triggering prevailing wage laws. The average tax exemption granted in
the enterprise zone is approximately 3% of the total project costs. If prevailing wage is
required in these projects, the added construction costs would likely be equal or greater
than the 3% tax savings, therefore eroding all enterprise zone tax exemption benefit.
This disincentive could reduce investment and expansion opportunities and eliminate
long-term job creation that results from enterprise zone investment. Additionally,
monitoring payrolls for compliance in large construction projects is very labor intensive.
The City does not have the resources needed to monitor compliance with this unfunded
mandate.
HB 2430
Relating Clause: Relating to application of prevailing rate of wage; declaring an emergency.
Title: Defines 'building construction' and modifies definition of 'residential construction' for
purposes of applying prevailing rate of wage to projects that predominantly provide
affordable housing.
Declares emergency, effective on passage.
Sponsored by: Representative SCHAUFLER (at the request of Oregon State Building and Construction
Trades Council, Associated General Contractors, Oregon Opportunity Network)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2430.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/5/2009 Pri 2 Yes YesIV. C Oppose
Comments:
While appearing to help, this bill actually will make it more expensive and much more
difficult to construct low-income housing by placing additional requirements on projects.
HB 2440
Relating Clause: Relating to audits; declaring an emergency.
Title: Creates Director of Legislative Audit Office appointed by Joint Legislative Audit
Committee. Expands pool of members eligible to serve on committee. Authorizes director
to conduct performance and management audits of state agencies and programs and
othe
5
Sponsored by: Representative THATCHER; Representatives BENTZ, BERGER, BRUUN, CAMERON,
ESQUIVEL, FREEMAN, GARRARD, GILMAN, HANNA, HUFFMAN, JENSON,
KENNEMER, KRIEGER, MAURER, OLSON, RICHARDSON, G SMITH, SPRENGER,
THOMPSON, WEIDNER, WHISNANT, WINGARD, Senators BOQUIST, FE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2440.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Lauren Sommers ATTNY 2/10/2009 Pri 3 No No Neutral
Comments:
This bill creates position of Director of Legislative Audit office and authorizes the Director
to conduct performance and management audits of state agencies, state programs and
state-funded programs. In conducting an audit, the Director has the authority to examine
and inspect all accounts, records, files, and documents of any public body, including the
City. This might be a home rule issue except that the Director is only authorized to audit
the City's use of state funds. On the plus side, this may also prevent some government
waste. The bill also transfers the authority to investigate reports of waste, inefficiency or
abuse from the Secretary of State to the Director.
HB 2453
Relating Clause: Relating to lawyer-client privilege.
Title: Provides that lawyer-client privilege extends to communications made by or to agent of
client under specified circumstances.
Sponsored by: Representative BARTON; Representatives BARKER, CAMERON, GARRETT, KAHL,
KRIEGER, OLSON, SHIELDS, J SMITH, STIEGLER, WHISNANT, Senator PROZANSKI
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2453.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 2/9/2009 Pri 3 No No Support
Comments:
This bill would extend the attorney/client privilege to cover communications between an
attorney and an agent of the attorney's client. This expansion of attorney/client privilege
would protect communications between the city attorney and persons, such as volunteers
or consultants, who may represent the City, but are not city employees or city officials.
HB 2476
Relating Clause: Relating to sexual abuse.
Title: Creates sentencing enhancement for sexual abuse in second degree when offender is 21
years of age or older and is minor victim's athletic coach.
Modifies crime of sexual abuse in second degree to include sexual contact when
offender is 21 years of age
Sponsored by: Representative WINGARD; Representatives BARKER, BRUUN, CAMERON, FREEMAN,
JENSON, G SMITH, SPRENGER, THATCHER, THOMPSON, WEIDNER, WHISNANT,
Senator GEORGE (at the request of Ray Thomas)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2476.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 2/10/2009 Pri 2 No No Support
Comments:
We support this bill, which would enhance the degree of crime for sexual abuse when it is
committed by an athletic coach or trainer, and would create a penalty enhancement if the
victim is under 18 years of age. Because of the power and influence that coaches and
trainers exert over their athletes, we believe that taking advantage of this position to
commit sexual abuse merits a higher degree of culpability, particularly in cases where the
victim is young.
6
HB 2477
Relating Clause: Relating to invasion of personal privacy.
Title: Modifies crime of invasion of personal privacy. Increases penalty to maximum of five
years' imprisonment, $125,000 fine, or both. Requires person convicted to report as sex
offender.
Sponsored by: Representative HUFFMAN; Representatives BARKER, BARTON, BENTZ, BERGER,
CAMERON, COWAN, FREEMAN, GARRETT, GILLIAM, HANNA, KRIEGER,
MATTHEWS, OLSON, G SMITH, SPRENGER, STIEGLER, THOMPSON, VANORMAN,
WHISNANT, WINGARD (at the request of Judge Laura Pryor (ret
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2477.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman K. Flynn EPD-ADM 2/10/2009 Pri 2 No No Support
Comments:
We support this bill, which would elevate the level of offense for invasion of personal
privacy, and would require that a person convicted of that crime report as a sex offender.
This bill strengthens the punishment, which is appropriate given the impact on victims of
this crime. In addition, the requirement to report as a sex offender is appropriate as this
is definitely a sexually based crime.
HB 2485
Relating Clause: Relating to annexations.
Title: Requires that, in election proposing annexation, votes from city and territory to be
annexed be counted separately to determine separate majorities if acreage to be
annexed is 20 acres or more. Requires that votes from city and territory be combined to
determine single majority if acreage to be annexed is less than 20 acres.
Sponsored by: Representative CLEM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2485.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 2/4/2009 Pri 3 Yes YesIV. D4 Neutral
Comments:
Limited to annexation proposals where vote of the people is required. Given that city
policy limits annexation actions to owner requests as opposed to city initiated
annexations (which can require a vote), this provision does not directly affect Eugene.
HB 2506
Relating Clause: Relating to persons subject to regulation by Oregon Board of Licensed Professional
Counselors and Therapists.
Title: Requires health plans to cover services of professional counselors and marriage and
family therapists if certain other services are covered by plan. Prohibits practice of
professional counseling or marriage and family therapy without license.
Sponsored by: Representatives BUCKLEY, TOMEI; Representatives BOONE, ESQUIVEL, GELSER,
KOTEK, MAURER, NATHANSON, RILEY, STIEGLER, Senators BATES, MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2506.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 2/4/2009 Pri 3 Yes YesVIII. C1 Neutral
Comments:
This expansion of the recognized professional providers seems reasonable given the
licensing requirements.
7
HB 2512
Relating Clause: Relating to Fallen Public Safety Officer registration plate.
Title: Directs Department of Transportation to issue Fallen Public Safety Officer registration
plates. Imposes surcharge on registration plates and directs department to deposit net
proceeds collected from surcharge to Public Safety Memorial Fund.
Sponsored by: Representative WINGARD; Representatives BARKER, FREEMAN, GILLIAM, HANNA,
MATTHEWS, SPRENGER, WEIDNER, Senator BOQUIST (at the request of Mary
Nunnenkamp)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2512.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/4/2009 Pri 3 No No Support
Comments:
We support this bill, which would allow issuance of Fallen Public Safety Officer vehicle
license plates. It would charge those individuals choosing to display them an extra $8
fee, which would go into the state's Public Safety Memorial Fund. The Legislative
Revenue Office has determined that the bill will have no impact on state or local
revenues. We feel that these license plates are an appropriate way to honor police
officers who have given their lives in the line of duty, and to provide additional funds for
the Public Safety Memorial Fund.
HB 2536
Relating Clause: Relating to crime.
Title: Expands robbery in first degree to include use of look-alike firearm.
Expands disorderly conduct in first degree to include delivery of unidentified substance
with threatening message.
Expands felon in possession of restricted weapon to include taser
Sponsored by: COMMITTEE ON JUDICIARY (at the request of City of Medford, Oregon Association
Chiefs of Police)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2536.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 2/10/2009 Pri 2 No No Support
Comments:
**Support as written; amendment recommended**
We support this bill, and particularly believe that Sections 2 and 3 are important. Section
2 adds to the offense of disorderly conduct the act of delivering an unidentified
substance, along with a threatening message, to a person, government office, or
business. There have been, over the past few years, an increasing number of incidents
where an unidentified substance has been delivered along with a message either stating
or implying that the substance is some type of chemical or biological agent, such as
anthrax. Because such situations generally need to be treated as a haz-mat incident,
such an act is extremely disruptive to the person or entity which receives it, and
expensive for the jurisdiction in terms of police, fire, and other public resources which
must be brought to bear to protect the public by mitigating any hazard and investigating
the threat.
Section 3 of the bill adds "a taser or pepper spray" to the list of weapons that certain
convicted felons may not possess. We strongly support this provision, particularly in
terms of the taser, which can be used to completely immobilize a victim. We would
recommend that the bill be amended so that, instead of using the term "taser", the bill
uses the more generic term "an Electro-Muscular Disruption Technology device as
defined in ORS 165.540" as is used in another bill with a similar provision (SB 251).
"Taser" is technically a brand name and, since the term is not defined in this bill, could be
construed to be limited to that brand, although other brands of similar devices are also
available. Use of the more generic term, which is already defined in Oregon law, would
be preferable.
8
HB 2544
Relating Clause: Relating to environmental education; appropriating money; declaring an emergency.
Title: Establishes Oregon Environmental Literacy Task Force. Directs
task force to develop Oregon Environmental Literacy Plan. Sunsets task force on date of
convening of next regular biennial legislative session.
Appropriates moneys from General Fund to to Department of Education for purpose of
funding task force and developing plan.
Declares emergency, effective July 1, 2009.
Sponsored by: Representatives BUCKLEY, GELSER; Representatives CANNON, DEMBROW,
HARKER, KOMP, READ, ROBLAN, VANORMAN, Senators BONAMICI, DINGFELDER,
ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2544.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/9/2009 Pri 3 Yes YesVI Support
Comments:
HB2544 will establish an Oregon Environmental Education Task Force with a budget of
$50,000 for the biennium. The charge is to establish environmental literacy standards
and integrate environmental education into Oregon school curriculum to a higher degree.
The declaration of an emergency is to start the process by July 1, rather than wait until
Jan. 1 2010.
City of Eugene should support this as it helps to further our environmental
education/outreach goals, allowing existing programs to have a greater impact in schools.
HB 2545
Relating Clause: Relating to public sector collective bargaining.
Title: Includes temporary employees in definition of 'appropriate bargaining unit' for purposes of
collective bargaining between public employers and public employees.
Sponsored by: Representative SCHAUFLER; Representatives DEMBROW, WITT, Senator
ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2545.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Susan Mullett Susan Mullett CS-HRRS 2/6/2009 Pri 3 Oppose
Comments:
Could have limited impact on City. Would expand definition in union clarification. If "under
grants and for special projects" wording is eliminated, all temps would then be considered
part of union. Could possibly have current impact in some departments and funding of
their temp/limited duration positions. Possible future impact as City considers grant
monies to help fund projects and positions during budget shortfalls. If temps are included
as part of union, salaries are required to be bargained.
HB 2546
Relating Clause: Relating to replacements for striking public employees.
Title: Prohibits public employer from hiring permanent replacements for public employees
engaged in lawful strike.
Sponsored by: Representative SCHAUFLER; Representatives DEMBROW, WITT, Senator
ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2546.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/6/2009 Pri 3 Neutral
9
Comments:
Likely no impact to City, low strike potential with unions and in case of strike, City would
likely choose not to use such tactics.
HB 2553
Relating Clause: Relating to motor vehicle accidents.
Title: Requires Department of Transportation to remove or cause to be removed any vehicle,
cargo or debris from state highway after motor vehicle accident if accident resulted in
death of person 18 years of age or younger.
Sponsored by: Representative BRUUN (at the request of Family of Daniel Sawyer)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2553.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman E. Cushman EPD-ADM 2/9/2009 Pri 3 No No Oppose
Comments:
Although this bill in its current form will not have a direct impact on the City, we oppose
the bill because it is bad public policy. We recommend that the City have a formal
position of opposition to the bill so that we can respond if asked our position on the bill,
but that we not expend any lobbying resources to actively oppose it.
This bill creates an unfunded mandate for the Oregon Department of Transportation. It
puts a burden on them to remove any debris from a traffic crash involving the death of a
person 18 years of age or younger, irrespective of fault. In some cases, particularly in a
fatal crash, such clean-up could result in significant expense. And there is no good policy
reason to separate out crashes involving those who are 18 years of age and younger
from any other fatal crash. This bill appears to be one introduced at the request of the
family of such a crash victim. Such particularlized legislation has no place in Oregon law,
particularly in the light of increasingly scarce public resouces.
If the bill moves, it needs to be monitored for any changes which would impact City
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 2/9/2009 Pri 3 No No Oppose
Comments:
While this bill has no impact on the city as it applies only to teh State Highway
deapartment for crashes on State Highways in specific circumstances, it represents very
poor public policy. It shifts the responsibility for the cost of vehicle removal and clean up
in crashs when a person 18 or under dies from the vehicle owners to the State. While
very limited in scope, creating a special type of totalled or abandoned vehicle that the
road authority is responsible constitutes an unfunded mandate and bad preceedent.
I don't beleive the bill in current form deserves active opposition from the city, but we
should be on record and if asked be opposed to the concept.
If this bill become law we should watch for future expansion to other road authorities and
other crash types.
HB 2559
Relating Clause: Relating to vehicle fuels.
Title: Removes requirement for State Department of Agriculture to monitor ethanol fuel
production and issue notice when ethanol production reaches specified level.
Removes requirement that retail dealer, nonretail dealer or wholesale dealer of gasoline
sell
Sponsored by: Representative GILMAN; Representatives BENTZ, CAMERON, ESQUIVEL, FREEMAN,
GARRARD, HANNA, HUFFMAN, KENNEMER, KRIEGER, MAURER, OLSON,
RICHARDSON, SPRENGER, THATCHER, THOMPSON, WEIDNER, WHISNANT,
WINGARD, Senator WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2559.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
10
Ethan Nelson PDD-BPS 2/9/2009 Pri 2 Yes YesIV. A Oppose
Comments:
HB 2559 would repeal the renewable fuels standards that were put in place during the
2007 biennium. In particular it would repeal the requirements for percentage of ethanol in
motor vehicle fuels. Ethanol is a domestically produced fuel that is primarily used as a
fuel oxygenate and as a substitute for MTBE, which is a carcinogen. The City of Eugene
should oppose this bill.
SB 0209
Relating Clause: Relating to discovery of sexually explicit material.
Title: Requires that sexually explicit property or material involving victim of criminal act remain
in control of court or law enforcement agency throughout criminal proceeding.
Sponsored by: Attorney General Hardy Myers for Attorney Generals Sexual Assault Task Force and
Representative Sara Gelser
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0209.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman R. Barrong EPD-ADM 2/10/2009 Pri 2 No No Support
Comments:
We support this bill, which was introduced at the request of the Attorney General and his
Sexual Assault Task Force.
The bill would prohibit the defendant in a case from copying or otherwise duplicating
visual or audible evidence in a case which involved "a victim in a state of nudity or
engaged in sexual activity", provided that such evidence was made available for
inspection, view, and examination at a government facility by the defendant, his/her
attorney, and any qualified expert that the defendant may seek to have testify on his/her
behalf.
The goal of this legislation is to avoid having the victim victimized again by having this
very personal evidence out of the government's hands. Once a copy is outstanding,
there is no control as to what use might be made of this to embarrass or harass the
victim, especially in this age of easy mass dissemination of information (e.g., YouTube).
Note: This bill is nearly identical with HB 2344.
SB 0381
Relating Clause: Relating to health benefit plans.
Title: Requires health benefit plan to provide coverage of medically necessary
treatment for traumatic brain injury.
Adds orthotic and prosthetic devices to lists of required coverage for health care service
contractors and multiple employer welfare arrangem
Sponsored by: Senator MORRISETTE; Representative GILLIAM (at the request of Brain Injury
Association of Oregon)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0381.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 2/4/2009 Pri 3 Yes YesVIII. C1 Neutral
Comments:
The City's health plans cover orthotic and prosthetic devices, so that part of this bill would
not have an impact on the City's plans. I'm not sure what all would be covered under
"medically necessary treatment for traumatic brain injury", so cannot say if this
requirement would have a financial impact on the City's plans. Traumatic brain injury isn't
specifically referenced in the City's health plans.
11
SB 0396
Relating Clause: Relating to local government real estate transfer taxes; prescribing an effective date.
Title: Removes prohibition against local government enactment of taxes on real estate
transfers.
Takes effect on 91st day following adjournment sine die.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0396.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Larry Hill Doug Lauderbach CS-FIN 2/6/2009 Pri 1 Yes YesII. B8 Support
Comments:
This bill would repeal the prohibition against local governments from enacting local real
estate transfer taxes.
SB 0405
Relating Clause: Relating to metal property.
Title: Prohibits scrap metal business from conducting transaction involving metal property with
individual unless individual provides name, valid street address and telephone number at
time of transaction. Prohibits scrap metal business from paying individual
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0405.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 2/6/2009 Pri 1 Yes YesV. C12 Support
Comments:
This bill joins HB 2421 and HB 2423 in increasing penalities, requiring more control at the
dealer level and increasing support for record keeping and law enforcement efforts.
This bill like the others, requires payment be mailed to a fixed address, a period of time
after the metal is delivered. It does not include robust record keeping and verification
contained in other bills.
This bill has provisions that should help reduce some theft, but the house bills are
stronger and more comprehensive than this bill and should be more strongly supported.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman J. Shadwick EPD-ADM 2/10/2009 Pri 1 Yes YesV. C12 Support
Comments:
We support the provisions of this bill as being a part of the solution to the metal theft
problem. While this bill attempts involve recyclers in the growing metal theft problem, it
does not address the illegal possession of metal by individual sellers. Currently there are
very few tools a patrol officer has when coming upon someone with a bicycle trailer
loaded with wire. Bills that require a form of registration or proof of where the metal
originated from would have a greater impact. This would need to include the requirement
that dealers record the location where the metal was obtained.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/6/2009 Pri 1 Yes YesV. C12 Support
Comments:
This bill contains a piece of the solution to the metal theft problem; however, it is not a
comprehensive legislative solution. Staff's strategy at this point in the session is to
support all legislation that addresses the metal theft problem, in the hopes that a
comprehensive package will emerge.
12
SB 0414
Relating Clause: Relating to county funding; declaring an emergency.
Title: Increases amount of highway funds distributed to counties.
Applies to biennia beginning on or after July 1, 2009.
Declares emergency, effective on passage.
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0414.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Eric Jones Eric Jones PW-ADM 2/4/2009 Pri 2 Yes YesIII. A Oppose
Comments:
I agree with Larry Hill's analysis. This is contrary to the principles of city-county-state
coordination. By reslicing the pie to increase only the county share of State Highway
Trust Fund Allocations, cities do not benefit (particularly in light of county revenue
problems that have eliminated all county road fund revenue sharing with the cities in
Lane County). Presumably ODOT would see less money. As Larry Hill notes, the relating
clause is very restrictive and would likely prevent any amendments designed to increase
cities' share of SHTF allocations. What is the LOC position on this bill (and what is the
AOC position)? The better model for state-county-city revenue sharing is contained in
the Transportation Vision Committee's Report to the Governor (Nov 2008, pg 18).
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/3/2009 Pri 2 Yes YesIII. A1 Oppose
Comments:
SB 414 as introduced would increase by more than one third the share of the State
Highway Trust Fund that goes to counties, from 24.38% to 34.38%, but would leave
cities' share unchanged at 15.57%. I recomend that SB 414 be opposed because it
cannot be amended, due to a restrictive relating clause, to provide a proportionate
increase in cities' share, from 15.57% to 20.76%. A better alternative to SB 414 would be
to increase the motor vehicle fuel tax to generate more revenue to benefit state, counties
and cities alike.
SB 0420
Relating Clause: Relating to electric assisted bicycles.
Title: Alters definition of 'electric assisted bicycle.' Requires that electric assisted bicycle be
equipped with horn and lighting equipment.
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0420.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker Lee Shoemaker PWE 2/10/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
814.405 Status of electric assisted bicycle. An electric assisted bicycle shall be
considered a bicycle, rather than a motor vehicle, for purposes of the Oregon Vehicle
Code, except when otherwise specifically provided by statute. [1997 c.400 §4]. This bill
would require horns and lights appropriate for motorcycles and mopeds and increase the
speed allowed from 20 to 35 mph. This legislation will allow electric assisted bicycles to
operate more like a motorcycle or moped on bikeways.
Electric assisted bicycles are allowed in bike lanes and bike paths in Oregon and on off-
street paths in Eugene if operated by human power. Using horns may startle pedestrians
and bicyclists and cause crashes. Motorcycle lights are not appropriate on paths.
Bicycle bells and bike lights are more approriate.
Increasing the speed allowed from 20-35 mph is not appropriate for off-street paths or
bike lanes and conflicts between pedestrians and bicyclists will increase.
13
SB 0422
Relating Clause: Relating to driving while suspended.
Title: Increases penalty for driving while suspended or revoked.
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0422.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 2/4/2009 Pri 3 Oppose
Comments:
Municipal Court is concerned about the mandatory jail time due to the lack of jail space in
Lane County.
14