HomeMy WebLinkAboutItem 5: Action: Discussion and Approval of Non-Unanimous IGR Positions
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 25 and March 4, 2009
Meeting Date: March 9, 2009 Agenda Item Number: 5
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 and to provide direction on the non-unanimous
actions of the Intergovernmental Relations (IGR) Committee from the February 25 and March 4, 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 25 and March 4, 2009, to review staff recommendations on bills
that have been introduced in the state legislature. The minutes for the February 25 and March 4, 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.
Z:\CMO\2009 Council Agendas\M090309\S0903095.doc
February 25, 2009:
HB 2643: Allows special taxing districts to be excluded from participation in urban renewal plans;
requires new or substantially amended plans to state duration of plan; permits urban
renewal agency to obtain amount lesser than maximum amount from diversion of tax
financing method.
Staff Recommendation: Priority 2, Oppose (By Larry Hill and Richie Weinman)
IGR Committee Vote: Priority 2, Support (Taylor voting yes / Ortiz and Poling voting No)
Councilor Taylor voted to support this bill noting her dislike of urban renewal districts in general.
Staff recommendation, however, reflects the policy adopted in the 2009 Legislative Policy
document which states that the City opposes reductions in urban renewal revenue.
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.
SUGGESTED MOTION
Move to ratify the IGR Committee's unanimous actions on bills and approval of staff recommendations
in the February 25 and March 4, 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. Bill and Staff Comments on Non-Unanimous Actions
B. February 25, 2009 IGR Bill Report
C. March 4, 2009 IGR Bill Report
Z:\CMO\2009 Council Agendas\M090309\S0903095.doc
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\M090309\S0903095.doc
CITY OF EUGENE
IGR BILL REPORT
FEBRUARY 25, 2009
HB 2103
Relating Clause: Relating to DNA (deoxyribonucleic acid) samples
Title:
Requires law enforcement agency to take DNA sample of person arrested for felony.
Requires destruction of sample, upon person's request, if arrest leads to acquittal, dismissal,
reversal of conviction or expiration of statute of limitations.
Sponsored by: at the request of former Representative Donna Nelson
URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2103.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman C. Tilby EPD-ADM 2/13/2009 Pri 3 No Oppose
Comments:
**Oppose as written; neutral if properly amended**
This bill would require that a DNA sample be taken from a person arrested for a felony unless
there was a sample already on file, or if taking the sample would result in a "substantial and
unreasonable risk to the health of the arrested person."
The provision of this bill which we believe to be unworkable is Section 3(8)(a)(C). It appears to
require, in every felony arrest where such a sample is taken and the statute of limitations runs out
without prosecution being commenced, that the DA's Office provide a "sworn affidavit" to OSP
within 90 days of the expiration of the statute of limitations advising that the authority to retain the
sample has ended. This appears to be a requirement whether or not the person arrested has
requested that the sample be destroyed. This would create a very significant workload for
already-overburdened DA's offices, and would be very costly. If this bill is to move forward, it is
our position that this provision needs to be eliminated, or at least limited to situations where this is
only required when the person arrested makes the request as part of a request to have the DNA
sample destroyed.
If this amendment were made, we would be neutral on the bill. We agree with the concept of
taking these DNA samples, but recognize that this process would have the potential to
significantly increase expenses for law enforcement agencies, particularly OSP, in this time of
fiscal austerity.
HB 2396
Relating Clause: Relating to public borrowing for West Eugene EmX Extension; appropriating money;
declaring an emergency.
Title:
Authorizes issuance of lottery bonds to finance extension of bus rapid transit system in west
Eugene.
Creates West Eugene EmX Extension Fund. Continuously appropriates moneys in fund to
Economic and Community Development Department.
Directs department to use moneys in fund to finance costs incurred by Lane Transit District
to establish West Eugene EmX Extension.
Declares emergency, effective July 1, 2009.
Sponsored by: Representatives C EDWARDS, HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2396.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Rob Inerfeld Rob Inerfeld PWE 2/12/2009 Pri 2 Yes III. A Support
Comments:
This bill would provide a key component of funding for the West Eugene EmX Extension. The
West Eugene EmX Extension will be the third leg of a regionwide bus rapid transit system
following the successful Franklin Boulevard section and the Pioneer Parkway EmX currently
under construction in Springfield. EmX is a key component of regional transportation and land
use policies to reduce reliance on the automobile and encourage more compact development
patterns. The lottery bond approach was successfully used by the Portland region to fund new
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fixed route transit lines in the last biennum. City staff have worked collaboratively with LTD on
the planning for the West Eugene EmX Extension.
HB 2461
Relating Clause: Relating to prevention, treatment and recovery tax; appropriating money; prescribing an
effective date; providing for revenue raising that requires approval by a three-fifths majority.
Title:
Imposes prevention, treatment and recovery tax on malt beverages. Establishes Alcohol
Impact Remediation Fund. Continuously appropriates moneys in fund to Department of
Human Services. Distributes moneys to alcohol and drug abuse prevention, treatment and
recovery services.
Applies to prevention, treatment and recovery tax reporting periods beginning on or after
effective date of Act.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative CANNON, Senators DINGFELDER, MORRISETTE; Representative
DEMBROW, Senator ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2461.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Larry Hill Doug Lauderbach CS-FIN 2/12/2009 Pri 3 Yes II. B1 Monitor
Comments:
While this bill as introduced has no direct impact on the City, I would advocate that the proceeds
from the additional tax on malt beverages should be distributed in the same manner as existing
ORS. ORS 471.810 requires that a set percent of the proceeds from malt beverage tax be
distributed to City government.
HB 2473
Relating Clause: Relating to real estate transfer taxation.
Title:
Permits counties to impose real estate transfer tax if tax revenues are dedicated to affordable
housing programs.
Sponsored by: COMMITTEE ON REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2473.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Richie Weinman PDD-DEV 2/2/2009 Pri 2 Yes IV. C Support
Comments:
Eugene should support this bill because it removes a preemption against a Real Estate Transfer
Tax. This is a matter of local control as well as an opportunity for the City, at some future date, to
use this tool to support low-income housing.
The bill will be opposed by The Housing Alliance (which includes Eugene as a member) because
of a deal that was cut with Realtors to support the document recording fee (HB 2436). So,the bill
probably doesn't have a strong chance of passing. The "deal" does not preclude Eugene or any
other member of the Alliance from taking a different position on their own.
HB 2492
Relating Clause: Relating to vehicles.
Title:
Permits road authority to allow golf carts or substantially similar vehicles to operate on
highways under jurisdiction of road authority. Eliminates certain restrictions on where person
may operate golf cart or substantially similar vehicle.
Restricts use of golf cart or substantially similar vehicle to highways with designated speed
of 25 miles per hour or less.
Restricts time of day person may operate golf cart or substantially similar vehicle on
highway.
2
Requires owner of golf cart or substantially similar vehicle operated within jurisdiction of
road authority to display decal with identifying number issued by road authority.
Requires golf carts or substantially similar vehicles to display slow-moving vehicle emblems
when operated on any highway.
Expands offense of operation of low-speed vehicle in prohibited area to include any person
who operates golf cart or substantially similar vehicle on any highway with designated speed
of greater than 25 miles per hour.
Sponsored by: Representative GALIZIO; Representative STIEGLER (at the request of Chuck Fessler, King
City Police Chief)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2492.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E.Cushman D. Schulz EPD-ADM 2/16/2009 Neutral
Comments:
This bill would expand the statutory authority for a road authority to permit golf carts "or
substantially similar vehicles" on roadways. It would not require this, but would allow the road
authority of a jurisdiction to do so, and to establish restrictions around the operation of such
vehicles, if it felt that such action was beneficial for the local jurisdiction involved. The bill was
introduced at the request of the Police Chief of King City.
Although we do not believe that such a practice would be consistent with traffic safety here, we
do not oppose allowing other jurisdictions to do so on a case-by-case basis, since this is
consistent with the philosophy of allowing local jurisdictions to make decisions on actions which
affect them. We would oppose the bill if it were amended to make this provision mandatory for all
jurisdictions.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 1/30/2009 Neutral
Comments:
The bill allows cities to adopt ordinances that would permit golf carts and similar vehicles to
operate on roads posted at 25 MPH and lower. We have serious safety concerns about
operating cars and golf carts together on the same road. The ordinance allowed under this rule
will need to establish standards for regulating and identifying the other similar vehicles. Under
the provisions of this bill golf carts and similar vehicles will not be able to cross the Willamette
River or use much of the arterial and collector street system. The ordinace process will be a very
complicated. While I strongly recommend that we not enact the ordinance permitted by this law, I
am not opposed to other cities in different circumstances passing ordinances that work for them.
HB 2499
Relating Clause: Relating to motorcycle helmets.
Title:
Requires only persons under 21 years of age to wear motorcycle helmets.
Sponsored by: Representatives BAILEY, FREEMAN; Representative MATTHEWS
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2499.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 2/12/2009 Pri 2 Yes V. C7 Oppose
Comments:
We strongly oppose this bill, which would require that only persons under 21 years of age wear
helmets while operating motorcycles.
Statistics from the National Highway Transportation Safety Administration and the Oregon
Department of Transportation have shown that simply wearing a protective helmet while
operating a motorcycle will substantially increase a person's chances of surviving a motorcycle
crash. The proposed legislation is suggesting that only motorcycle operators under the age of 21
be required to wear helmets; however, this particular demographic (21 & under) does not have
the highest percentage of motorcycle crash fatalities.
3
A 2005 NHTSA publication identified the age group of 20 to 29 year olds as having the highest
percentage of motorcycle crash fatalities. In that same study, the age group with the second
highest fatal crash rate is the 40-49 age group, with the 30-39 coming in the third highest. In a
2006 NHSTA study, all of the research data used showed an increase over the past 10 years in
the number of fatal motorcycle crashes involving riders 40 years of age and older. That same
study indicated that about two-thirds (66%) of the fatally injured motorcycle riders in states
without universal helmet laws in 2004 were not wearing their helmets compared to 15% in states
with universal helmet laws.
In 2004, motorcycles made up nearly 2.4 percent of all registered vehicles in the United States
and accounted for only 0.3% of all vehicle miles traveled. In comparison, motorcycle riders
accounted for 5.3% of total traffic crash fatalities in 1995, with that number increasing to 9.4% of
the total traffic crash fatalities in 2004. Per vehicle mile traveled in 2004, motorcycle riders were
about 34 times more likely than passenger car occupants to die in a motor vehicle traffic crash.
And the helmet law does not only affect motorcycle operators. By reducing the number of deaths
and the severity of injuries suffered by motorcycle operators, other drivers involved in these
crashes are spared some of the trauma of being involved in a crash involving a fatality or serious
injury, and the burden on the overall health care system is reduced.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 1/30/2009 Pri 2 Oppose
Comments:
This bill would relax Oregon's existing law requiring all motorcycle operators to wear a helmet,
instead applying the requirement only to operators under 21 years of age. Helmets save lives.
HB 2615
Relating Clause: Relating to urban renewal.
Title:
Requires majority approval by county governing body of urban renewal plan proposed,
substantially amended or extended in area by city of 300,000 within county boundaries.
Permits urban renewal agency to use urban renewal moneys to provide social services in
urban renewal area.
Requires urban renewal agency that proposes to provide social services to describe
services and to report results of study comparing economic viability of plan with and without
services.
Sponsored by: Representative KAHL
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2615.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/13/2009 Pri 1 Yes II. A3 Oppose
Comments:
This directly relates to our legislative policy that states "Eugene opposes additonal consent
requirements for new or amended urban renewal plans.
It also relates to our legislative policy that "Eugene opposes mandating that a portion of urban
renewal funds be spent on particular types of projects"
This bill would give the county significant power over the City of Eugene and would take away
City Council power to decided how to best use funds.
HB 2616
Relating Clause: Relating to local government tobacco taxes; prescribing an effective date.
Title:
Removes prohibition against local government imposition of taxes on cigarettes and tobacco
products.
Applies to cigarettes and tobacco products distributed after effective date of Act.
Takes effect on 91st day following adjournment sine die.
4
Sponsored by: Representative KAHL; Representatives BAILEY, BARNHART, BUCKLEY, CANNON, CLEM,
COWAN, DEMBROW, GALIZIO, GARRETT, GREENLICK, KOTEK, NATHANSON, READ,
RILEY, SHIELDS, J SMITH, STIEGLER, TOMEI, VANORMAN, WITT, Senator VERGER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2616.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/11/2009 Pri 2 Yes II Support
Comments:
HB 2616 would broaden the City's possible revenue options by allowing a local government to
impose an excise tax on tobacco products and cigarettes.
HB 2618
Relating Clause: Relating to designated highway speeds.
Title:
Directs road authority to evaluate and review, within 90 days, request from person to
establish or change designated speed for certain highways.
Directs Department of Transportation to act on request from road authority to review
designated speed on highway within 120 days.
Directs department to act on written objection, filed by road authority, to designated speed
proposed by department within 90 days.
Sponsored by: Representative WINGARD (at the request of Bret Lieuallen)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2618.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Tom Larsen Tom Larsen PWM 2/12/2009 Pri 3 No Oppose
Comments:
This bill requires road authorities to take written requests for speed limit changes from citizens,
study the request and make recommendations in 90 days and requires the State speed board to
respond within 120 days.
The bill would not change the outcomes or details of how we currently address speed limits, but
would open the door for many meritless requests and impose a burden on staff. If the volume of
requests increased the time limit could become an issue.
The current system allows road authorities to request speed limit changes based on engineering
studies. City staff currently evaluate speed change requests and submits requests when needed.
The existing Speed limit system works well. Nothing is broken or in need of repair.
HB 2633
Relating Clause: Relating to supervisory employees under public collective bargaining law.
Title:
Modifies definition of 'supervisory employee' for purposes of public employee collective
bargaining law.
Sponsored by: Representative SCHAUFLER (at the request of Oregon Council of Police Associations,
Oregon State Police Officers Association, Association of Oregon Corrections Employees)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2633.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/13/2009 Pri 3 Oppose
Comments:
These changes would have a negative impact on the City. The bill narrows the definition of
supervisor which would limit the City's ability to maintain operational needs. The bill may have an
unanticipated budget impact.
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HB 2636
Relating Clause: Relating to taking wildlife.
Title:
Exempts employee or agent of United States Department of Agriculture in course of lawful
taking of wildlife from criminal laws related to possession and discharge of firearms.
Sponsored by: Representative KRIEGER; Representatives BENTZ, CAMERON, ESQUIVEL, GARRARD,
GILMAN, HUFFMAN, JENSON, OLSON, THATCHER, THOMPSON, WEIDNER,
WHISNANT, WINGARD
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2636.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/17/2009 Yes V. C5 Neutral
Comments:
This is a bill that we would normally drop because we do not believe it has any significant impact
on the City; however, we are taking a Priority 3/neutral position on the bill to allow for IGR
Committee review of the City's position if it chooses to do so.
The bill is aimed at exempting USDA employees and agents who are acting within the scope of
their employment responsibilities in the lawful taking of wildlife from certain firearms regulations
that might otherwise apply. Sections 2 and 3 of the bill technically constitute a very limited pre-
emption on the City's ability to regulate firearms, since it adds this situation to the things that a
city may not prohibit by local ordinance. However, this is a very narrow exception which seems to
us to make sense, specific to USDA employees who might have to shoot wildlife while in
performance of their duties---which would be an unusual occurrence inside the city limits. We
therefore recommend that we do not expend lobbying efforts either in support of, or opposition to,
this bill as it is currently written.
:
HB 2640
Relating Clause: Relating to designated speeds.
Title:
Authorizes city with population of 140,000 or greater to designate speeds on highways under
specified circumstances.
Sponsored by: Representative CAMERON (at the request of Sabrina Appel)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2640.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 2/13/2009 Pri 3 No Oppose
Comments:
This bill exempts cities with population over 140,000 from the regulation by the State Speed
Control Board for non-state highway roads.
On the surface this bills grants the city more control over it's own roads and one could argue that
the city should be able to have full control over setting it's own speed limits. This point of view
does not take into account the way that the State Speed Board functions and it's role in helping
protect overall public safety. As the road authority, the city under current law can apply to the
State Speed Board to modify any existing speed limit whenever we feel the change is justified.
Speeds are more dangerous under two conditions, when they are extreme (high or low) and
when there is greater speed differential between two vehicles. The Oregon State Speed Board
functions to assure State wide uniformity in the process of establishing posted speeds. The
criteria and evaluation are technically based; requiring road authorities to perform detailed
engineering analysis in support of any non-statutory speeds. If the City were granted the right to
make our own speed limit determinations, in order to adequately protect public safety, we would
use criteria likely to be indistinguishable from the current state speed board criteria. In recent
memory, the State Speed Board has never rejected a speed change proposed by the City.
Currently many types of road in Oregon have statutory speeds. In every community in Oregon,
the basic local street in a residential area is 25 MPH, in a downtown 20 MPH. This State wide
consistency adds predictability for drivers. Allowing larger road authorities to undermine this
statewide consistency could have a detrimental effect on public safety. This bill does not require
the road authority to use criteria beyond "reasonable and safe".
6
This bill could result in Salem and Eugene having different basic speed regulations from each
other and different than Corvallis and Springfield. There is value in uniform driver expectations
and increased public safety in the predictability of the rules of the road for drivers.
HB 2643
Relating Clause: Relating to urban renewal.
Title:
Establishes procedure by which special taxing district may be excluded from participation in
urban renewal plan. Requires new or substantially amended plan to state duration of plan.
Permits urban renewal agency to obtain amount lesser than maximum amount from
diversion of tax financing method.
Applies to urban renewal plans that are created or substantially amended on or after
effective date of Act.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2643.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Larry Hill Larry Hill CS-FIN 2/17/2009 Pri 2 Yes II. A3 Oppose
Comments:
HB 2643 would potentially have negative fiancial impacts on the City of Eugene's urban renewal
districts. The measure would allow exclusion of an affected taxing district from an urban renewal
plan. Any such exclusion would reduce revenue to the urban renewal district. Urban renewal
districts are intended to be self-funding as a result of increased taxable property values generated
as a result of implementation of an urban renewal plsn. Excluding any taxing jurisdiction from a
urban renewal plan would allow that jurisdiction to enjoy the benefits of the increased taxable
value of property resulting from the urban renewal plan, without any participation in the burden of
financing the plan.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/13/2009 Pri 2 Yes II. A3 Oppose
Comments:
This bill directly relates to several adopted legislative policies, including "opposing reductions in
urban renewal revenue"
HB 2654
Relating Clause: Relating to local option taxes.
Title:
Clarifies that apportionment provisions apply to local option taxes imposed by county for
roads.
Sponsored by: COMMITTEE ON REVENUE (at the request of Association of Oregon Counties)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2654.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/17/2009 Yes II. A1 Monitor
Comments:
As introduced at the request of the Association of Oregon Counties, HB 2654 only clarifies
current law and would have no financial impact on the City of Eugene. However the measure
should be monitored to ensure that the existing language that apportions county road local option
levy revenue amoung county, road districts and cities is not weakened.
7
HB 2663
Relating Clause: Relating to memorials for employees of public employers.
Title:
Requires public employer to create memorial for employees killed while working on public
works project.
Sponsored by: Representative G SMITH; Representative JENSON, Senator NELSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2663.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Eric Jones Eric Jones PW-ADM 2/17/2009 Pri 3 Oppose
Comments:
HB 2663 should be opposed for both philosophical and practical reasons.
Philosophically, the state should not order local jurisdictions to create memorials, particularly as
an unfunded mandate. Local governments are quite capable of figuring out how to do the right
thing, in a way and a manner that best the community's interests and values.
As a practical matter, the bill offers no clear dirction on what a "suitable" memorial might be. Nor
does it allow for different responses to different conditions -- for example, a worker tragically killed
through no fault of his own vs a worker who was under the influence or for some other reason
aggregiously failing to follow safety procedures.
There may well be a "back story" on this bill; however, as a matter of good public policy public
agencies (aka public employers) should continue to make appropriate decisions in matters such
as this.
HB 2436A
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.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/13/2009 Pri 1 Yes IV. C Support
Comments:
The amendments are fine and don't substantially change the bill. Although, the revenue is
probably decreased as a result of an exemption. NOTE: IGR direction on the original version –
HB 2436 – was Priority 1 Support.
HJM 6
Relating Clause: Urging Congress to set goals for universal and open access to Internet.
Title:
Urges Congress to set goals for universal and open access to Internet.
Sponsored by: Representative CLEM
URL:http://www.leg.state.or.us/09reg/measpdf/hjm1.dir/hjm0006.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Pam Berrian Pam Berrian CS-ISD 2/17/2009 Pri 2 Yes IX Support
Comments:
8
With amendment. I do not know what the author means by "5) Treat the Internet as a public
utility", but I would suggest an amendment to add ", and Oppose any existing or future Federal or
State pre-emption of local government authority regarding the delivery of this service". [The
reason for my suggestion is that local governments battle to even charge public rights of way use
fees to Internet Access providers, assess business priv taxes, and have no authority to
investigate complaints or advocate for the consumer in service disputes.]
SB 0129
Relating Clause: Relating to commercial driver licenses; declaring an emergency.
Title:
Directs Department of Transportation to cancel driver license with farm endorsement or deny
right to apply for farm endorsement if person is disqualified from holding commercial driver
license or if person's commercial driver license is suspended or revoked.
Changes definitions of 'commercial motor vehicle' and ' holds a ommercial driver license. '
Removes provision that person in Armed Forces of United States just have current out-of-
state license or permit issued by Armed Forces to be exempted from requirement to have
Oregon driver license to operate vehicle for military purposes.
Prohibits department from issuing and authorizes department tocancel person's commercial
driver license with hazardous materials endorsement if person is not U.S. citizen or
permanent legal resident.
Extends length of suspension for certain offenses upon notice from another jurisdiction.
Provides authority to cite out-of-state commercial motor vehicle operator for driving while
suspended or revoked.
Increases penalty for violation of out-of-service order or notice.
Declares emergency, effective on passage.
Sponsored by: Governor Theodore R. Kulongoski for Department of Transportation
URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0129.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Eric Jones Eric Jones PW-ADM 1/16/2009 No Monitor
Comments:
Commercial driver licenses are important to the Public Works Department; a number of PW
employees hold CDLs.
The proposed farm CDL permits are not relevant to PW. The requirements related to
citizenship/legal residency are not an issue (because we already have and embrace laws and
policies related to citizenship/legal residency in our hiring practices).
The definition of a commercial motor vehicle and the circumstances under which a CDL can be
suspended or canceled will be reviewed by the HR staff in PW to ensure that the changes
proposed in this bill do not present a problem for PW.
SB 0253
Relating Clause: Relating to custodial interrogations.
Title:
Precludes admission of statements made by persons subjected to custodial interrogation
under certain circumstances.
Sponsored by: Senate Interim Committee on Judiciary for Oregon Criminal Defense Lawyers Association
URL:http://www.leg.state.or.us/09reg/measpdf/sb0200.dir/sb0253.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman R. Barrong EPD-ADM 2/16/2009 Pri 2 No Oppose
Comments:
We strongly oppose this bill, which would require that, except in limited circumstances, any
interview conducted in a law enforcement facility of a suspect of a person felony be recorded.
Further, the bill goes far beyond simply requiring recording these interviews. Section 2 of the bill
would make inadmissible *any* statement made by the defendant after any such unrecorded
9
interview---even if the subsequent statement was totally voluntary and recorded---except in very
limited circumstances (such as statements in open court).
We oppose the recording requirement because it adds one more significant requirement to things
that police must do to in order to have statements made during an interview be admissible.
Heretofore, courts have established standards that attempt to ensure that the statements of the
defendant are voluntary, and that the defendant is aware of his/her rights: Miranda warnings are
required for custodial interrogations, and courts make a determination as to whether the
statement was voluntary. This bill would create a standard that does not get at either of these
central issues, and makes a statement inadmissible, even if it meets the existing tests for
reliability and voluntariness, if it was not recorded. Although there are some narrow exceptions
listed in the bill under the definition of “good cause”, some of these are not workable. One
exception is provided if the defendant refuses to have the interview recorded; however, if that
occurs and the defendant later alleges that he did not refuse, it is his word against the police
officer’s, and based on the language of this bill the court could opt to exclude the statements s/he
made.
SB 0373
Relating Clause: Relating to orders to withhold.
Title:
Provides that obligor and obligee under support order may bring civil action for damages
against employer or other person who withholds money under order to withhold, but who fails
to pay withheld amounts within time allowed by law. Eliminates cap on amounts of damages
that may be recovered by obligee in action against withholder by reason of failure to withhold
or pay.
Sponsored by: By Senator BONAMICI; Senator MORSE, Representatives BERGER, HARKER (at the
request of Brett Arvidson)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0373.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Finn Cronin CS-FIN 2/13/2009 Pri 2 No Oppose
Comments:
As written the amended bill would eliminate the cap on the amount of damages that may be
recovered. Without a cap in place to limit the amount of damages that the recipient may seek, the
City could potentially be dragged into legal arguments in instances where the recipient is claiming
unrealistic damages that are in excess of the original cap.
SB 0440
Relating Clause: Relating to taxation; prescribing an effective date.
Title:
Removes requirement that 70 percent of revenues from new or increased local transient
lodging tax be used to fund tourism promotion or tourism-related facilities.
Applies to local transient lodging taxes imposed on or after effective date of Act.
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/sb0400.dir/sb0440.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/12/2009 Pri 2 Yes II Support
Comments:
SB 440 would provide flexiability in the use of revenue from any marginal increase in the
Transient Room Tax rate. Under Eugene's current rate each transient pays a tax of 4.5% of the
rent charged by the operator for the occupancy. The tax is paid to the operator of the hotel at the
time the rent is paid; the operator remits the tax to the City.
Net proceeds from the current trainsient room tax may be expended only for the acquisition,
construction, operation, and maintenance of recreational, cultural, convention and tourist related
facilities and for recreational, cultural, convention and tourist related services.
10
SB 440 would allow any increased revenue to be used for any city services, not just the uses the
curent tax is limited to.
SB 0445
Relating Clause: Relating to bonds.
Title:
Authorizes issuance of bonds for transportation projects of statewide significance. Specifies
sources of repayment.
Sponsored by: Senator GEORGE, Representatives THATCHER, WINGARD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0445.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/11/2009 Pri 3 Yes III. A1 Oppose
Comments:
The intended use of state highway funds in this bill is identical to those in SB 376: five highway
projects in the Dundee-Salem corridor. In SB 445 the justification of expenditures is changed
slightly to define these as projects of "statewide significance." Staff currently is recommending a
"monitor" position on SB 376; however an oppose position may be more appropriate given the
introduction of SB 445.
Both bills, by definition, include no projects that benefit Eugene or Lane County. Therefore, this
reviewer sees no reason to support either bill.
Unlike SB 376, which, if approved, would likely compromise or eliminate the possibility of funding
projects in Eugene and Lane County by sucking up lottery bonding authority, SB 445 introduces a
fundamental inequity into the state's highway trust fund. Specifically, SB 445 would take 1 cent of
the state's 24-cent gas tax to underwrite bonding to pay for these five projects. If this money
comes "off the top" it will reduce the revenues available to the highway trust fund and the
corresponding allocations to cities, including Eugene.
Sen. George has gained support from Reps. Thatcher and Wingard on SB 445. While it is
undertandable that these lawmakers, all of whom have constituents in the project areas, look to
provide benefits in their home districts, the City of Eugene should vigorously oppose both the
presumptive "earmarking" of general state revenues as well as any financing approach that would
inequitably reduce the funding shared statewide by cities and counties.
It should also be noted that the relating clause is extremely broad: "relating to bonds."
Given the likelihood that this bill will be broadly opposed around the state, this reviewer
recommends a position of priority 3 opposed, recognizing that if the bill should begin to advance it
should opposed vigorously.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/11/2009 Pri 3 Yes III. A Oppose
Comments:
SB 445 would assign top priority for state funding from the State Highway Trust Fund to five
specific highway projects in the northern Willamette Valley area. Funding for these projects would
preceed any distribution of State Highway Trust Fund shares to cities and counties.
SB 0446
Relating Clause: Relating to energy technology in public buildings.
Title:
Provides that public improvement contract for construction or certain reconstruction or major
renovation of public building is considered to contain amount equal to at least 1.5 percent of
total contract price for inclusion of certain types of energy technology. Provides exceptions.
Sponsored by: Senator TELFER, Representative WHISNANT (at the request of Deschutes County) (at the
request of Deschutes County)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0446.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 2/17/2009 Pri 2 No Support
Comments:
11
This bill would broaden the list of energy efficiency measures meeting the required 1.5 percent of
total contract price from only solar technology to any energy technology that would significantly
contribute to lowered energy consumption. This would allow the City to achieve aggressive
energy savings goals using the most cost-effective energy efficiency measures rather being
forced to spend 1.5 percent of the construction budget only on solar technologies.
SB 0455
Relating Clause: Relating to health services; appropriating money; declaring an emergency.
Title:
Requires Health Resources Commission to conduct comparative effectiveness research and
to disseminate research findings. Requires Health Services Commission to develop or
identify and to disseminate evidence-based health care guidelines. Requires Office for
Oregon Health Policy and Research to coordinate work of both commissions. Requires public
bodies and public purchasers of health care to pursue purchasing strategies that encourage
adoption of research findings and evidence-based health care guidelines.
Appropriates moneys from General Fund to Department of Human Services for purposes of
Act.
Declares emergency, effective July 1, 2009.
Sponsored by: COMMITTEE ON HEALTH CARE AND VETERANS AFFAIRS
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0455.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 2/13/2009 Pri 3 No Support
Comments:
Encouraging evidence based purchasing will encourage best practices in medicine and will
improve treatment and outcomes and consumer information. This bill is targeting PEBB, OEBB
and state agencies. Other public entities would be encouraged to use evidence based health
care guidelines.
SB 0475
Relating Clause: Relating to boating.
Title:
Eliminates mandatory boating safety education program.
Sponsored by: Senator ATKINSON; Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0475.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 2/13/2009 Pri 3 No Oppose
Comments:
Bad legislation from a boating safety standpoint.
SB 0480
Relating Clause: Relating to recyclable materials.
Title:
Allows removal of recyclable material from solid waste disposal receptacles under certain
circumstances.
Sponsored by: Senator PROZANSKI (at the request of Jim Hoover, Waste Recovery Systems) (at the
request of Jim Hoover, Waste Recovery Systems)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0480.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/17/2009 Pri 3 Yes VII.A. 4b Oppose
Comments:
SB 480 is the same as 2007’s SB 437 and 2005’s SB 291. These bills were opposed by a
number of municipalities including Albany, Hillsboro, and Salem; the League of Oregon Cities,
12
Association of Oregon Counties, American Forest and Paper Association and the Oregon Refuse
and Recycling Association.
SB 480 is not a recycling bill. The goal of the bill's proponent is to compact garbage at apartment
complexes -by putting a person in the container and having that person stomp on the garbage -
thereby cutting the amount of collection service needed. The proponent does not have any
verifiable information about the amount of materials claimed to be recycled.
The major concerns for this bill include:
1. It takes away local control of solid waste services, by mandating “Professional source
separation by a third party.” This provision is precluded in Section 2 (2) d with “The multifamily
collection program shall include..” This mandates a service rather than allow a municipality to
adopt.
2. Unclear as to what constitutes “professional source separation.” This is not covered
under Eugene City Code 3.245.
3. It puts container owners at a liability risk.
4. It increases access to private information that is thrown away, increasing the risk of
identity theft.
The City of Eugene should oppose SB 480.
SB 0491
Relating Clause: Relating to system development charges.
Title:
Allows local governments to grant transferable credits for development or building projects
that reduce impact to public facilities.
Sponsored by: Senator PROZANSKI (at the request of John Brown)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0491.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Fred Mcvey Fred McVey PWE 2/16/2009 No Monitor
Comments:
Bill as drafted does not require any change in administration City of Eugene SDCs. Allows but
does not require transfer of previous use or building demolition credits. Current City policy is that
such credits remain on site and are not transferrable to other sites.
SB 0497
Relating Clause: Relating to system development charges.
Title:
Adds facilities and assets for law enforcement and fire control to list of capital improvements
for which local government unit may assess and collect system development charges.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE (at the request of City of Medford, Oregon
Association Chiefs of Police)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0497.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/17/2009 Pri 1 Yes V. C10 Support
Comments:
SB 497 would allow the imposition of SDCs on new construction to help meet law enforcement
and fire services capital improvement needs. If implemented by the council, these new SDC
revenue would have a positive financial impact on the City of Eugene and would help cover
capital costs for these services that are related to new development.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 2/13/2009 Pri 1 Yes V. D1 Support
Comments:
Sensible legislation given that public safety systems are extended to new construction. The City
of Eugene has long supported this change.
13
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/13/2009 Pri 1 Yes V. C10 Support
Comments:
We support SB 497, which would amend ORS 223.299 to grant authority to establish and adopt
system development charges for services related to law enforcement and fire service activities
within the definition of "capital improvement". When communities intensify use through
redevelopment or expand to include additional neighborhoods, business complexes or industrial
developments, the need for police and fire services increases. The fees are needed to support
growth in the community and to recoup a portion of the community’s investment in the
infrastructure already in place, thus allowing new development to pay their share of the cost of
providing these services. This legislation is directly responsive to, and supported by, Legislative
Policy V.C.10.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Fred Mcvey Fred McVey PWE 2/17/2009 Pri 1 Yes V. C10 Support
Comments:
Support as introduced. Consistent with Council Policies on both police and fire facility SDCs.
SJR 21
Relating Clause: Proposing amendment to Oregon Constitution relating to the State Highway Fund.
Title:
Proposes amendment to Oregon Constitution to allow revenue from taxes on motor vehicle
fuel and ownership, operation or use of motor vehicles to be used for public transportation
services.
Refers proposed amendment to people for their approval or rejection at next regular general
election.
Sponsored by: Senator PROZANSKI (at the request of Tom Bowerman)
URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0021.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Eric Jones Eric Jones PW-ADM 2/17/2009 Pri 3 Yes III. A1 Support
Comments:
While SJR 21 would not have an immediate or direct effect on the City's share of state highway
trust fund revenue, it does raise the question: where would the money come from to fund public
transportation services?
SJR 21 seeks only to amend the Oregon Constitution Section 3a, Article IX, to allow the use of
gas taxes and other related vehicle taxes for public transportation services. In the past, Oregon
voters have rejected other uses of the State Highway Trust Fund, including for parks and for
police services.
The council's 2009 legislative policies support using the Highway Trust Fund for "...alternative
transportation modes, including, but not limited to, light rail, electric trolley and shuttle bus
systems." However, the council also has placed a strong policy priority on using transportation
funds to maintain the existing local transportaton system. The Highway Trust Fund is the primary
source of revenue to meet this priority, and the amount the City receives from this source is
insufficient to meet this purpose.
This reviewer suggests reserved support for SJR 21, which is noble in concept but which should
not be interpreted as indicating that the City of Eugene would support any diversion of its share of
Highway Trust Fund dollars from the primary priority of maintaining the existing transportation
system.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/17/2009 Pri 3 Yes III. A1 Support
Comments:
SJR 21 would have no financial impact on the City of Eugene. It would place before the voters a
constitutional amendment that would expand permitted uses of motor vehicle fuel tax revenue. If
the amendment is approved by voters, these revenues could be used for public transportation
14
services, facilities and operating expenses. The City's Legislative priorities document supports
this expanded flexiability for the State Highway Trust Fund, which is made up primarily of state
motor vehicle fuel tax revenues. The distribution formula for the State Highway Trust Fund
revenues to local governments would not be affected by this measure. Use of any of these
revenue for public transportation purposes by the City of Eugene would be permitted, not
required.
15
IGR BILL REPORT
March 4, 2009
City of Eugene
HB 2279
Relating Clause: Relating to liability for failure to comply with orders to withhold.
Title: Provides that obligor under support order may bring civil action for damages against
employer or other person who withholds money under order to withhold if withheld
amounts exceed amount specified in order or are not paid within time allowed by law.
Eliminates cap on amounts of damages that may be recovered by obligee in action
against withholder by reason of failure to withhold or pay.
Sponsored by: Attorney General Hardy Myers for Department of Justice
URL:http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2279.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Finn Cronin CS-FIN 2/23/2009 Pri 1 No No Oppose
Comments:
As written the amended bill would eliminate the cap on the amount of damages that may
be recovered. Without a cap in place to limit the amount of damages that the recipient
may seek, the City could potentially be dragged into legal arguments in instances where
the recipient is claiming unrealistic damages that are in excess of the original cap.
HB 2497
Relating Clause: Relating to employment.
Title: Expands ability of employer to prohibit use of medical marijuana in workplace.
Sponsored by: Representative SCHAUFLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2497.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/5/2009 Pri 2 Support
Comments:
Any limitations against employers. Input from Risk might be warranted.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 2/19/2009 Pri 2 No No Support
Comments:
This bill is being supported by the Oregon Employer Drug-Free Initiative, AOI, and the
Oregon State Council, an affiliate of the Society for Human Resource Management. This
bill specifies that employers are not required to accomodate the medical use of marijuana
in the workplace. According to the City's insurance broker, many workers’ compensation
experts report to have evidence that the use of medical marijuana has contributed
towards accidents and injuries in the workplace.
HB 2522
Relating Clause: Relating to regulation by political subdivision of certain conduct related to public use of
intoxicants.
Title: Repeals prohibition against political subdivision's adoption or enforcement of local law or
regulation of certain offenses related to public intoxication, public drinking, drunk and
disorderly conduct, vagrancy or using or being under influence of controlled substances.
Sponsored by: Representative MAURER; Representative RICHARDSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2522.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman S. Swenson EPD-ADM 2/20/2009 Pri 3 Support
Comments:
1
We recommend that the IGR Committee consider support of this bill, since it is consistent
with the City's desire for home rule authority. This bill would repeal ORS 430.325, which
currently prohibits local jurisdictions from enacting or enforcing any local law or regulation
related to certain conduct, such as drinking-related offenses and using or being under the
influence of controlled substances. If this bill passes, local jurisdictions would be free
from this prohibition.
HB 2541
Relating Clause: Relating to alcoholic liquor.
Title: Requires driver license or identification card issued by Department of Transportation to
indicate that person may not purchase alcoholic liquor if person is convicted at least two
times of driving while under influence of intoxicants.
Requires licensees and permittees of Oregon Liquor Control Commission to check
identification of all persons before selling or serving alcoholic liquor.
Directs commission to cancel or suspend license of licensee who knowingly sells
alcoholic liquor to person prohibited from purchasing alcoholic liquor.
Sponsored by: Representatives SHIELDS, THATCHER; Representative GELSER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2541.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 2/5/2009 Monitor
Comments:
Bill would require additional work for Municipal Court. Monitor for changes due to
potential workload impact.
HB 2547
Relating Clause: Relating to denial of public assistance to individuals fleeing from law enforcement
authorities.
Title: Denies public assistance to fleeing felons, Class A or B
misdemeanants or probation, parole or post-prison supervision violators who are actively
sought by law enforcement authorities. Makes exception for public assistance to
individual under 18 years of age or public assistance necessary to ensure health or
safety of individual under 18 years of age.
Sponsored by: Representative D EDWARDS; Representatives BARKER, CAMERON, C EDWARDS,
GREENLICK, HARKER, MATTHEWS, NATHANSON, OLSON, SCHAUFLER,
VANORMAN, WITT, Senator JOHNSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2547.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/18/2009 Pri 3 No No Support
Comments:
We support this bill, which would prevent persons who are fleeing "to avoid prosecution,
or custody or confinement after conviction" for crimes which are felonies or Class A or B
misdemeanors from receiving public assistance. The bill is sponsored by 13 legislators,
including Rep. Nathanson. It makes no sense that a person who is evading his/her
responsibilities under the law by fleeing from the justice system would be able to, at the
same time, receive taxpayer-paid public assistance.
The bill contains some safeguards, in that it requires that law enforcement agencies are
"actively seeking" the person, and makes exceptions where the public assistance is being
paid to meet the needs of a person under 18 years of age, or where the assistance is
"necessary to ensure the health or safety of an individual who is under 18 years of age."
2
HB 2626
Relating Clause: Relating to energy use; appropriating money; declaring an emergency.
Title: Requires State Treasurer to solicit investors for State Department of Energy program for
installation of energy efficiency features and packages in one and two family residential
dwellings. Requires State Treasurer to administer investor accounts.
Creates Energy Efficiency and Productivity Fund for use by department in developing
and administering energy efficiency program for one and two family residential dwellings
in cooperation with certain nongovernmental entities and public and private utilities.
Requires establishment of pilot program during biennium beginning July 1, 2009, and
statewide implementation by January 2, 2012.
Increases State Treasurer expenditure limit for biennium beginning July 1, 2009, for
purpose of attracting investors in energy efficiency program and administering investor
accounts.
Requires State Treasurer to report to interim committee of Legislative Assembly no later
than October 1, 2010, regarding efforts to attract energy efficiency program investors.
Increases State Department of Energy expenditure limit for biennium beginning July 1,
2009, for purpose of funding energy efficiency pilot program.
Requires State Department of Energy to report to interim committee of Legislative
Assembly no later than October 1, 2010, regarding implementation of pilot program.
Declares emergency, effective July 1, 2009.
Sponsored by: READ, BAILEY, C EDWARDS, FREEMAN; Representatives BARNHART, BARTON,
BENTZ, CANNON, DEMBROW, ESQUIVEL, GALIZIO, GARRARD, GARRETT,
GILLIAM, HOLVEY, SHIELDS, J SMITH, WITT, Senators BATES, BONAMICI, DEVLIN,
DINGFELDER, MORSE, NELSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2626.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/24/2009 Pri 3 Yes YesIV. A Support
Comments:
HB 2626 will allow the State Treasurer and Department of Energy to establish energy
efficiency loan programs with local utilities and non-profit entities (mainly Energy Trust of
Oregon). The loan program would be created from private and public investment funding
with the funding pool separate from the General Fund.
This would have no fiscal impact on the City of Eugene, and would provide an
exceptional funding source to advance green building and energy efficiency projects in
Eugene.
EWEB supports the bill with the one modification that the program expands from single
and two family dwellings to include triplexes and quads. There some outstanding issues
regarding the technical standards and administrative requirements that are not spelled
out in the bill, but will be developed by ODOE in Administrative Rules setting. That is
preferable to having them in the bill. I don't think that will be troublesome since ODOE
will want to conform as much as possible to the existing regional standards administered
by Energy Trust and utilities.
HB 2628
Relating Clause: Relating to the Access and Habitat Board.
Title: Authorizes moneys available for access and habitat programs to be expended on
programs that promote access to public and private lands through acquisition of lands or
through acquisition of easements.
Sponsored by: Representative WITT; Representatives BAILEY, BARKER, BARNHART, BOONE,
CANNON, CLEM, DEMBROW, GARRETT, GREENLICK, HARKER, HOLVEY, KOMP,
ROBLAN, SCHAUFLER, SHIELDS, STIEGLER, VANORMAN, Senators DEVLIN, HASS,
JOHNSON, MONNES ANDERSON, MONROE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2628.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
3
Eric Wold Eric Wold PW-POS 2/21/2009 Pri 3 Yes YesVII. B5 Support
Comments:
HB 2628 would authorize money from ODFW to be spent on programs that promote
access to public and private lands through the acquisition of lands or through acquisition
of easements. This bill could help the City implement some of its Parks and Open Space
goals, including providing habitat and recreational connections as identified in the Rivers
to Ridges Vision Strategy.
HB 2678
Relating Clause: Relating to crime; providing for criminal sentence reduction that requires approval by a
two-thirds majority.
Title: Reduces sentences of persons committed to custody of Department of Corrections by
one percent. Requires that costs saved by department as result of reduced sentences be
expended by Oregon Criminal Justice Commission to reduce crime.
Sponsored by: Representative SHIELDS; Representative GREENLICK
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2678.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
E. Cushman S. Swenson EPD-ADM 2/24/2009 Pri 3 No No Oppose
Comments:
This bill would mandate a 1% reduction in the sentence of anyone sentenced to state
prison (except those sentenced to death or life without possibility of parole), calculate the
amount of monetary savings resulting from those reduced sentences, and deposit that
amount of money to the Oregon Criminal Justice Commission to be used "solely for the
purposes of developing and executing policies that reduce crime and delinquency."
The goal is laudable---money for crime prevention by reducing incidences of crime and
delinquency would be a good thing. However, to mandate an across-the-board reduction
in prison sentences is not the way to go about this. First, it thwarts the actions and
authority of judges whose responsibility it is to determine appropriate sentences for
convicted persons within prescribed sentencing guidelines. Another issue is that, to the
extent that sentencing guidelines allow, such a law may result in some judges giving
longer sentences, knowing that they will be reduced by 1%---or, perhaps even giving
longer sentences so that more money will be calculated to go into this fund (which, of
course, would result in a false saving). Further, we think it may be difficult to have a
really precise estimate of costs saved.
HB 2699
Relating Clause: Relating to the application of prevailing wage rates; declaring an emergency.
Title: Modifies definition of 'public works.' Requires payment of prevailing rate of wage in
connection with public works for which funds of public agency are used, including funds
received in form of tax credit or tax abatement.
Exempts projects that are privately owned and that use private funds and not more than
certain amount of funds of public agency from prevailing wage requirements.
Declares emergency, effective on passage.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2699.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 2/24/2009 Pri 2 No No Oppose
Comments:
This bill would increase the number of projects on which the City would be required to
pay prevailing wage by amending the definition of "public work" to require that prevailing
wage be paid on public projects that "use the funds of a public agency" rather than those
carried on or contracted for by a public agency. The bill also amends the definition of
"funds of a public agency" to include tax credits provided in conjunction with a project or
an enterprise zone. Finally, the bill would lower the threshold of projects requiring
4
payment of prevailing wage from projects for which less than $750,000 of funds of a
public agency are used to projects for which less than $2,000 of funds of a public agency
are used and remove the exemption for projects where less than 25% of the square
footage will be occupied or used by a public agency.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mia Cariaga CS-FIN 2/24/2009 Pri 2 Opppose
Comments:
Removes privately funded projects from definition of 'public works'. Contractors don’t
have to pay BOLI rates if the project is privately funded.
HB 2706
Relating Clause: Relating to closure of workers' compensation claims.
Title: Authorizes insurer or self-insured employer to close workers' compensation claim if
preponderance of medical evidence supports closure and attending physician fails to
provide closing report after receiving request for report. Requires expedited
reconsideration of claim closure unless waived by worker.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2706.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jamie Iboa CS-HRRS 2/23/2009 Pri 3 No No Monitor
Comments:
This bill would make it easier to close claims when doctors don't respond to letters timely
or when workers fail to seek treatment. However, the expedited reconsideration and
appointment of a medical arbiter would increase claim costs. If the
reconsideration/arbiter language is dropped from the bill I would recommend we support
it.
HB 2709
Relating Clause: Relating to collective bargaining.
Title: Repeals expedited bargaining process in collective bargaining between public employers
and employees.
Sponsored by: By COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2709.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/24/2009 Pri 3 Oppose
Comments:
This could extend the bargaining times which would result in increased costs and loss of
goodwill with our unions.
HB 2713
Relating Clause: Relating to public safety officers.
Title: Applies disciplinary action provisions to all public safety officers. Provides safeguards for
public safety officers under investigation.
Provides procedures for placement of adverse comment in public safety officer's
personnel records.
Sponsored by: By COMMITTEE ON JUDICIARY (at the request of Oregon Council of Police
Associations)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2713.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/24/2009 Pri 2 No No Oppose
Comments:
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This bill does two major things: it expands statutory protections already in place to all
public safety officers (rather than just police officers), and it significantly expands those
protections.
We are neutral on the expansion of existing law to include other public safety officers
(i.e., corrections officer, youth corrections officer, parole/probation officer) because this
would not affect the City.
In terms of the expansion of protections, although we already do many of the things
listed, we oppose on principle having such things in the law. First, they are an unfunded
mandate which requires local jurisdictions to take certain actions, and restricts other
actions which they can take, in opposition to the City's desire for home rule. Second,
they are protections which are provided for very specific categories of employees for
investigations of allegations of misconduct.
In addition, there are some specific provision of the bill which are of particular concern:
* Section 2(2)(b): This section allows an employee being interviewed to have "a
representative of the officer's choosing present at the interview." This language could
allow an employee under investigation to select another employee who was involved in
the same incident to be present for his/her interview, and compromise the ability of the
employer to conduct a thorough and fair investigation by interviewing the two employees
separately.
* Section 2(2)(j): This section requires that, if the employer records the interview, that the
employee be provided with a "transcript" of the interview upon request. Although not
defined, this is presumably a written record of what was recorded. Transcribing an
interview is a time-consuming task, and it may not be necessary in every case to have a
verbatim transcript of an entire interview. However, this section would require that the
employer incur that expense if the employee requests a transcript.
* Section 2(3)(a): Although the bill is attempting to provide an exception for the more
routine interactions between employees and supervisors, this language does not clearly
establish a "bright line", and there would certainly be many debates, grievances, and
perhaps litigation about this. Such an exception clearly needs to be included, but needs
to be more clear.
* Section 4(7)(a): This section states: "Upon request, a public safety officer may inspect
the officer's own personnel records during normal business hours and without loss of
compensation." It does not place any limit on the amount of time that the employee may
spend doing this (while s/he is being paid to work), or even how many times an employee
may do this. Arguably, an employee working during "normal business hours" could,
under this statute could make a request every week to look at his/her records, and spend
several hours doing so, all while being paid by the City. At a minimum, the words "and
without loss of compensation" need to be deleted.
HB 2725
Relating Clause: Relating to tax incentives for use of organic matter; prescribing an effective date.
Title: Prohibits allowance of tax incentives for use of biofuel or biomass that is fit for human
consumption.
Applies to tax years beginning on or after January 1, 2010, and to preliminary
certifications issued on or after January 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative WINGARD; Representatives CAMERON, ESQUIVEL, FREEMAN,
GILMAN, RICHARDSON, THATCHER, WEIDNER, Senator KRUSE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2725.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/24/2009 Pri 3 Yes YesIV. A Oppose
Comments:
HB 2725 restricts the types of fuel sources that are eligible for renewable fuels and
energy incentives offered by the State of Oregon. The restriction is to not allow organic
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matter that is fit for human consumption or directly derived from matter that is fit for
human consumption.
Many Oregon farmers have the opportunity to grow alternative fuel crops that have
marginal human consumption options. There are three examples that illustrate the
challenges of how this bill is currently written. The first is growing winter wheat for the
production of ethanol or biogas. The second is use of post crush grape must for
anaerobic digestion. The third is the production of rapeseed for biodiesel production
(currently done through Madison Farms in NE Oregon and blended by Sequential
Biofuels). Under these amendments, a local farmer could not grow winter wheat for
ethanol, could not use the must for AD, nor grow rapeseed for biodiesel and obtain a tax
credit; as all of these fuel sources can be classified as “fit for human consumption or
directly derived from matter that is fit for human consumption.”
Additionally, some farmers are using bio-solids and liquid wastes (similar to the poplar
rotation at the BioCycle Farm) to crops as a petrochemical fertilizer replacement. There
would be no incentive to use these organic fertilizers if the crop is “fit for human
consumption” and utilized as an energy product.
These amendments are in response to the food vs fuel debate from the corn based
ethanol production in the Midwest US. This would be bad public policy that does not
allow market based mechanisms to function under the current successful renewable
energy incentive system that the State of Oregon has crafted over the past decade.
City of Eugene should oppose this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/24/2009 Pri 3 Oppose
Comments:
Ethan outlines the issues well.
HB 2730
Relating Clause: Relating to pay differentials based on residency.
Title: Prohibits employer from including residency pay differential in wages or salaries of
employees that is based on cities, counties or states in which employees reside.
Sponsored by: Representative JENSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2730.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Finn Cronin CS-FIN 2/23/2009 Pri 3 No No Support
Comments:
City presently does not pay any form of salary or wage differential for employees based
on cities, counties or states in which employee resides.
HB 2731
Relating Clause: Relating to prequalifications for public contracts.
Title: Permits contracting agency and person appealing disqualification or denial, revocation or
revision of prequalification for public contracting work to agree on time in which Director
of Oregon Department of Administrative Services or local contract board must conduct
hearing and decide appeal.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2731.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mia Cariaga CS-FIN 2/24/2009 Monitor
Comments:
Requires City to agree to time for aggrieved contractor hearing rather than mandate.
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SB 0358
Relating Clause: Relating to punitive damages.
Title: Imposes limits on awards of punitive damages based on nature of action and type of
defendant.
Provides that employer or principal is not liable for punitive damages by reason of tort of
employee or agent unless employer or principal knew that employee or agent intended to
commit tort and failed to take reasonable action to prevent commission of tort or
employer or principal ratified actions of employee or agent that constitute tort.
Sponsored by: By Senator GEORGE; Senators ATKINSON, FERRIOLI, GIROD, KRUSE, NELSON,
STARR, WINTERS, Representatives GILLIAM, THATCHER, WINGARD (at the request
of Oregon Freedom Works)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0358.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 2/24/2009 Pri 3 No No Monitor
Comments:
Concur with Cathy Joseph's priority recommendation. This bill provides that an employer
is not liable for damages for torts committed by employees unless the employer knew
that the employee intended to commit the tort and failed to take reasonable measures to
prevent it or the employer ratified the actions of the employee. The term "employer" is
not defined in the bill and it is unclear how the provisions of this bill would interact with
the Oregon Tort Claims Act.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Cathy Joseph CS-HRRS 2/19/2009 Pri 3 No No Monitor
Comments:
This bill is not clearly written and I would like it monitored for any changes in the
language. It is doubtful this bill would have any significant financial impact on the City.
SB 0436
Relating Clause: Relating to land use planning for areas of critical state concern.
Title: Limits applicability of statewide land use planning goals to areas of critical state concern
designated by Legislative Assembly.
Sponsored by: Senator GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0436.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Steve Nystrom Steve Nystrom PDD-ADM 2/19/2009 Pri 2 Yes YesIV. D5 Oppose
Comments:
Bill would eliminate the use of statewide planning goals in decision making except in
cases where the state identifies areas of critical state concern (which is not well defined).
Bill also leaves many significant unanswered questions about its effect on other well-
established programs and processes which are based on compliance with these goals,
such as periodic review, amendments to adopted comprehensive plans (Metro Plan).
Given the obvious omissions, adoption of this bill as written seems highly unlikely. If
amended, staff will reassess priority ranking and recommendation.
SB 0510
Relating Clause: Relating to local regulation of manufactured dwelling parks; declaring an emergency.
Title: Removes prohibition against adoption, amendment or enforcement of local ordinance,
rule or other local law regulating manufactured dwelling park closures or partial closures.
Declares emergency, effective on passage.
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Sponsored by: Senator MORRISETTE; Representative BUCKLEY (at the request of Oregon
Manufactured Homeowners United)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0510.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/24/2009 Pri 3 Yes YesIV. C Monitor
Comments:
This bill is not going to move so we shouldn't spend time on it. If it somehow sprngs to
life we should support it.
SB 0513
Relating Clause: Relating to ecosystems; appropriating money.
Title: Establishes policy regarding ecosystem services. Makes legislative findings regarding
ecosystem services. Encourages state agencies to take certain actions related to
ecosystem services and ecosystem services markets.
Requires Sustainability Board to convene ecosystem working group. Sunsets working
group on date of convening of next regular biennial legislative session.
Appropriates moneys from General Fund to Sustainability Board for purpose of
ecosystem working group.
Sponsored by: Senator DEVLIN; Senator ATKINSON, Representatives GARRETT, GILLIAM
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0513.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 2/21/2009 Pri 2 Yes VII. B3 Support
Comments:
SB 513 establishes policy regarding "ecosystem services", which are defined as the
benefits that humans enjoy as a result of natural processes and biological diversity. The
bill encourages state agencies to promote an ecosystem service market. This market is
a system in which providers of ecosystem services can access financing to protect,
restore, and maintain ecological values.
Currently, the City of Eugene participates in one long-standing ecosystem market:
wetland mitigation banking. This market exists throughout the country. With SB 513,
groundwork would be laid to develop markets for other services, such as salmon habitat,
water quality, and carbon. These markets have the potential to provide a very effective
and useful method for mitigating negative impacts to these services that result from
development.
SB 513 is also supported by The Nature Conservancy and Defenders of Wildlife.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 2/18/2009 Pri 2 Yes YesVII. B1 Support
Comments:
This Bill is focused at State agencies but their actions will have impacts on Eugene
including water quality, slamon habitat. I defer to Eric Wold for more specific comments.
SB 0539
Relating Clause: Relating to exemptions from the Insurance Code.
Title: Exempts from Insurance Code self-insurance program for tort liability and property
damage that is established by two or more affordable housing entities.
Sponsored by: Senator BONAMICI
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0539.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 2/24/2009 Pri 3 Yes YesIV. C Support
Comments:
Low priority, but it could help housing providers. This bill will probably not move.
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SB 0560
Relating Clause: Relating to dissolution of county service districts.
Title: Allows dissolution of county service districts without election if district is no longer
necessary for its purpose.
Sponsored by: COMMITTEE ON JUDICIARY (at the request of Lane County, Clatsop County)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0560.intro.pdf
RespondentDept Updated Priority Policy Poli Numb Recommendation
Contact
Steve Nystrom Steve Nystrom PDD-ADM 2/23/2009 Pri 3 Yes YesIV. D4 Support
Comments:
Bill would simplify process for dissolution of service districts. In Lane County's case, it
would allow the elimination of an unnecessary step for annexation applications. State
law requires that Counties approve any annexations to special districts. The Lane
County Wastewater Service District was formed years ago as the financial tool related to
the creation of the Metropolitan Wastewater Management Commission (MWMC). With
the repayment of bonds completed, this district no longer serves any useful purpose.
However, its existence arguably requires each newly annexed parcel to go through a
second application process with the County (following city annexation approval) to annex
to this district, even though the city's annexation approval already entitles them to MWMC
service.
This bill would have no impact on the role and function of MWMC. Additionally, this bill
would not affect the status of other functioning special service districts.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier Ruffier PWW 2/24/2009 Support
Comments:
The County Service District in Lane County was formed in the late 1970's/early 1980's to
raise funds for the local share of the construction costs for the Eugene/Springfield Water
Pollution COntrol Facility. The facility was put in service in 1984, and the local bond
debts were fully paid off by the County Service District (CSD) in 2005. The CSD no
longer collects funds, and all borrowing for the regional wastewater program is now done
directly by the Metropolitan Wastewater Management Commission. There has been
discussion about the future and purpose of the CSD, but there are no plans nor need for
it to serve regional wastewater functions in the future. The proposed amendment to ORS
198.940 would make it easier for Lane County to dissolve the CSD.
SB 0581
Relating Clause: Relating to state financial administration
Title: Transfers moneys from Waste Tire Recycling Account to General Fund.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON WAYS AND MEANS
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0581.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 2/24/2009 Pri 3 Yes YesVII. A4 Oppose
Comments:
Currently SB 581 is solely a transfer from the Waste Tire Recycling Account to the
General Fund for an amount of $18,824. SB581 is placeholder for other fund transfers.
What is being proposed is to add provisions to the bill that would transfer $4.1million from
the Orphan Site Account (DEQ administered) to the General Fund, among other
dedicated funds.
Currently there is $6.3million in the Orphan Site Account. The account was established
in 1989 and is funded by a $.13/ton tipping fee at landfills to haulers. It is meant to fund
human health, safety and/or environmental problems at closed landfills that do not have a
responsible party (somewhat similar to Superfund sites). The fund has been used 2
times since then. 1989 site in PDX to correct a faulty methane collection system used
$1.1million in 3 months. An ongoing project outside of Scappoose has utilized $4.6
10
million in 2 years. DEQ estimates there are 60 sites in Oregon that could become orphan
sites.
It seems like a large number of funds are going to be accessed in SB581, which is
understandable given the current budget crunch. The problem with removing so much
from the Orphan Site Account is that if a problem does occur, the state will have less
funds to match local clean-up efforts.
SB 0583
Relating Clause: Relating to all-terrain vehicle helmet requirements.
Title: Requires operators and passengers of Class II all-terrain vehicles to wear motorcycle
helmets if under 18 years of age. Provides exceptions.
Sponsored by: Senator METSGER; Senator DEVLIN
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0583.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 2/24/2009 Pri 3 No No Support
Comments:
This bill adds to the list of circumstances under which helmets are required. Helmets
save lives.
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