HomeMy WebLinkAboutItem 3: Discuss and Approve Non-Unanimous IGR Positions
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Ratification of Unanimous Intergovernmental Relations (IGR) Committee Actions and
Discussion and Action on Non-Unanimous IGR Actions on Legislative Policy
from March 11 and April 1, 2009
Meeting Date: April 13, 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 March 11 and April 1, 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 March 11 and April 1, 2009, to review staff recommendations on bills that
have been introduced in the state legislature. The minutes for the April 1, 2009, meeting 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 on the Legislature’s website: http://www.leg.state.or.us/09reg/measures/main.html.
March 11, 2009:
HB 2831:
Provides that temporary employees be included in definition of 'appropriate bargaining unit'
for purposes of collective bargaining between public employers and public employees. Eliminates
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requirement that both issue of representation by labor organization and issue of designation of
organization as exclusive representative be placed on ballot for representation elections for faculty of
certain universities. Prohibits public employer from hiring permanent replacements for public employees
engaged in lawful strike. Repeals expedited bargaining process in collective bargaining between public
employers and employees.
Staff recommendation: Priority 3 Oppose
IGR Committee vote: Priority 3 Support (Councilor Taylor motioned, no second)
Ms. Taylor thought the City should support the bill, which included temporary employees in the definition
of “appropriate bargaining unit” for the purposes of collective bargaining, or at least not oppose it. Ms.
Taylor said that employers such as universities “got by” by hiring temporary employees. She thought that
temporary employees should have some rights and further maintained that their temporary employment
was sometimes an abuse of their rights.
NOTE: Staff’s comments from the IGR meeting are included since they are not reflected on the bill
comment sheet. At the IGR meeting, Classification and Compensation Analyst Susan Mullett said the bill
included elements similar to elements in bills the City had opposed in the past. For example, the
definition of “temporary employee” was similar to HB 2545, which the City opposed, the element
prohibiting a public employer from hiring permanent replacements was similar to HB 2546, and the
element related to the bargaining process was similar to HB 2709, which the City opposed. She said the
bill would place more restrictions on how the City could conduct business. The City currently did not
have temporary employees in its bargaining units and adding them would increase the organization’s
labor costs. Ms. Mullett also said the City’s contract with the American Federation of State, County, and
Municipal Employees (AFSCME) addressed how long individuals could be used as temporary employees.
She noted that most of the City’s temporary employees were employed at the Hult Center and at
recreation programs. Ms. Mullett said that the City did careful compensation comparisons for temporary
employees.
April 1, 2009:
HB 2690:
“Idaho bike stop” bill.Would permit a person operating bicycle to enter intersection with
specified traffic control device without stopping, provided that person operating bicycle slows to
safe speed and yields right-of-way to traffic or pedestrians. Provides that a person operating bicycle turn
without stopping at intersection with specified traffic control device, provided that person operating
bicycle slows to safe speed and yields right-of-way to traffic or pedestrians. Would create offense of
improper entry into intersection where traffic is controlled by stop sign with a punishment of a maximum
fine of $360 and create offense of improper entry into intersection where traffic is controlled by flashing
red signal with a punishment of a maximum fine of $360.
Staff recommendation and previously adopted IGR position: Priority 3 Oppose
IGR Committee vote: Neutral (2/1, Councilors Taylor, Ortiz / Councilor Poling voting no)
The IGR Committee previously adopted staff’s recommendation of a Priority 3 Oppose position on this
bill. The bill was lobbied with that direction. Subsequently, the Mayor requested the bill be brought back
to the IGR for reconsideration. Because the vote to change the direction to neutral was not unanimous,
the bill now comes to the full City Council for direction.
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HB 2842:
This bill would repeal Ballot Measure 57 (2008) and all related provisions.
Staff recommendation: Priority 2 Oppose
IGR Committee vote: Priority 2 Support (Councilor Taylor motioned, no second)
Councilor Taylor did not give a reason for her position.
HB 2875:
This bill would allow a taxpayer to elect to defer payment of increased property taxes
attributable to annexation of property by City. It would also allow for a deferral for 10-year period after
effective date of annexation and require payment of deferred property taxes if property is sold.
Staff recommendation: Priority 2 Oppose
IGR Committee vote: Priority 3 Support (Councilor Taylor motioned, no second)
Staff’s recommendation is consistent with the City’s Legislative Policies. Councilor Taylor felt that the
property owner should decide if they want or need the deferral. Councilor Ortiz felt that this bill does not
apply to Eugene since the City’s policy is that annexations only occur when requested.
HB 2961:
This bill would allow a municipality to impose local requirements for construction of new
structures that are more stringent than state building code.
Staff recommendation: Neutral
IGR Committee vote: Priority 3 Oppose (2/1, Councilors Poling, Ortiz / Councilor Taylor voting no)
Councilor Poling would rather oppose than remain neutral since he felt the state-wide building code
needed to remain consistent. He wanted to oppose it at a lower level than 3. Councilor Taylor wanted to
support the bill.
HB 2979:
This bill would require that places of public accommodation allow customer access to
employee toilet facilities if customer has certain medical conditions and would punish violations by a
maximum fine of $90.
Staff recommendation: Priority 3 Oppose
IGR Committee vote: Monitor (Councilor Ortiz motioned, no second)
Councilor Ortiz felt the bill should not be opposed, but that we should monitor it because Senator
Morrisette is sponsoring this bill. Councilor Taylor felt that not all facilities should be open to the public.
Councilor Poling agreed this bill should be opposed because of many issues.
HB 3031:
This bill would extend local government approval of residential development permits for two
years.
Staff recommendation: Neutral
IGR Committee vote: Priority 3 Support (Councilor Poling motioned, no second)
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Staff recommended neutral since the City Council had not had a discussion on this issue. Councilor
Poling felt that the bill would give a little bit of assistance and flexibility to developers.
HB 3056:
This bill would require 50 percent of increment to be added to total assessed value of property
within urban renewal area whenever increment equals total assessed value.
Staff recommendation: Priority 2 Oppose
IGR Committee vote: Priority 2 Support (Councilor Taylor motioned, no second)
Councilor Taylor wanted to support the bill because she felt it would provide more money to the general
fund. Staff’s recommendation is in line with the City’s Legislative Policies.
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 March 11 and April 1, 2009, IGR Bill Reports for bills not pulled for discussion at those IGR
meetings.
Motions are also needed 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. March 11, 2009, IGR Bill Report
C. April 1, 2009, IGR Bill Report
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FOR MORE INFORMATION
Staff Contact: Brenda Wilson
Telephone: 682-8441
Staff E-Mail: brenda.s.wilson@ci.eugene.or.us
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ATTACHMENT B
IGR BILL REPORT
MARCH 11, 2009
CITY OF EUGENE
HB 2542
Relating Clause: Relating to vehicles.
Title:
Defines 'medium-speed electric vehicle' for purposes of Oregon Vehicle Code.
Creates offense of unlawfully operating medium-speed electric vehicle on highway.
Punishes by maximum fine of $360.
Directs Department of Transportation to adopt safety standards for low-speed vehicles
and medium-speed electric vehicles.
Sets registration fee for medium-speed electric vehicles.
Sponsored by: Representative CAMERON; Representatives BAILEY, BARKER, BERGER, CANNON,
CLEM, SHIELDS, THATCHER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2542.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/5/2009 Pri 3 No No Support
Comments:
Several bills (e.g., HB 2492, HB 2542, SB 420) are aimed at the operation of non-
standard vehicles such as golf carts, electric-assisted bicycles and, in this case, medium-
speed electric vehicles.
While no specific legislative policy addresses these bills, two over-arching policies should
be considered: sustainability (including the use of alternate modes of transportation and
vehicles that do not use carbon-based fuels); and traffic safety.
This bill appears to address vehicles such as the Gizmo (which no longer is being
produced), which have maximum speeds below minimum posted highway speeds. The
bill deserves support because it fairly addresses traffic safety concerns (by not allowing
these light-weight, slower vehicles on highways posted at 45 mph or more) without
prohibiting them on lower-speed streets.
The bill also provides for an annual registration fee ($54), which helps pay for traffic
enforcement and other operational requirements (lighting, signs and signals, striping)
required for a safe transportation system. These vehicles cause little or no damage to
pavements and should not pay a full registration fee because a portion of registration
fees goes to pavement repair. Therefore, an amendment reducing the annual
registration fee to $27 per year (which is what hybrid and electric cars pay) or even $15
per year (which is what motorcycles and mopeds pay) might be fairer and more in line
with incentives to purchase low-impact vehicles.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 2/5/2009 Pri 3 No No Support
Comments:
This bill allows use of small electric vehicles on lower speed roads and directs the State
Transportation Department to establish state wide safety standards for such vehicles. It
also establishes a registration fee for those vehicles that meet the standards.
There is no specific benefit or burden placed on the city by this bill, but establishing state
standards for safety and performance of low speed electric vehicles will help support
future efforts to develop such vehicles.
HB 2564
Relating Clause: Relating to motor vehicles.
Title:
Permits person to provide Department of Transportation with odometer disclosure form
for vehicle 10 years old or older.
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Requires department to keep odometer records in electronic form.
Expands offense of abandoning vehicle to include leaving vehicle for sale on highway or
public property for at least eight consecutive hours.
Requires person who has possessory lien on motor vehicle to register with department.
Creates offense of failure to register possessory lien. Punishes by maximum fine of $90.
Sponsored by: COMMITTEE ON TRANSPORTATION (at the request of Oregon Vehicle Dealer
Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2564.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Petry Jeff Petry PDD-ADM 2/25/2009 Pri 3 V. C7 Oppose
Comments:
Oppose bill as it would enable vehicle sale on City streets, counter to EC 5.225(3)(h)(1)
that prohibits selling or reparing a vehicle in the public right of way at any time.
HB 2642
Relating Clause: Relating to urban renewal.
Title:
Limits maximum indebtedness of urban renewal plan to amount based on estimated cost
of completing urban renewal projects listed in report accompanying plan. Changes
annual reporting date of urban renewal agencies to January 31. Requires agencies to
report separately revenues, tax receipts and outstanding debt for each urban renewal
plan. Requires that annual report be filed with county assessor and be published before
March 1.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2642.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/2/2009 Pri 3 Yes YesII. A3 Oppose
Comments:
This bill limits our ability to use urban renewal and adds reqsirements. Sue Cutsogeorge
should also comment on this.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/2/2009 Pri 3 No No Oppose
Comments:
This bill requires that agencies use good faith estimates of the scope and cost of projects
when changing the maximum indebtedness amount. Eugene already did this when we
went through our most recent plan updates, so this would not be a significant change for
us. It also limits project completion to 20 years from the date of the plan adoption or
amendment after 12/31/09.
The bill also makes changes in the special annual report on the urban renewal plans.
The due date of the report is moved back to provide more time, which is a good thing. It
also adds more informtion to the reports, which is more work, but which doesn't add
significant information to the public, since this is included in budget and other annual
reports already.
HB 2681
Relating Clause: Relating to traffic control devices.
Title:
Adds green, yellow and red bicycle signals to list of traffic control devices.
Sponsored by: By Representatives BRUUN, READ (at the request of Bicycle Transportation Alliance)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2681.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
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Lee Shoemaker Lee Shoemaker PWE 2/24/2009 Pri 3 Yes YesV. C7 Support
Comments:
This bill would add bicycle signals to Oregon's list of traffic control devices. Portland
currently has bicycle traffic signals but Eugene does not. Bicyclists would be subject to
the same laws at bicycle signals as drivers and bicyclists do at the standard green, yellow
and red signals.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Gallup Steve Gallup PWE 2/25/2009 Pri 3 Support
Comments:
Adds bicycle signals to the list of traffic control devices and does not require their use
unless meeting warrants.
HB 2685
Relating Clause: Relating to disabled person parking placards.
Title:
Authorizes Department of Transportation to issue duplicate disabled parking permit
placards for each vehicle registered by applicant in this state.
Sponsored by: By Representative THOMPSON; Representatives BENTZ, BRUUN, CAMERON,
GARRETT, GILLIAM, HANNA, JENSON, KENNEMER, KOMP, KRIEGER,
SCHAUFLER, SPRENGER, THATCHER, WEIDNER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2685.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/27/2009 Pri 3 Yes YesV. A Neutral
Comments:
Concur with Jeff Petry, the parking manager. Lots of worthy sponsors, and it's a well-
intentioned effort to make life a little easier for drivers with disabilities. Unfortunately,
there are those who would abuse the system by sharing or selling duplicate placards; the
process needs to take into account this regretable abuse factor and provide a reasonable
way of dealing with it. Could easily move to support with amendments to accomplish this
objective.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Petry Jeff Petry PDD-ADM 2/25/2009 Pri 3 V. A Neutral
Comments:
Neutral-Would support if permit issuance process limited abuse of parking placards. The
City holds parking court every Thursday morning with the docket composed mostly of
disabled placard citations.
HB 2690
Relating Clause: Relating to bicycles.
Title:
Permits person operating bicycle to enter intersection with specified traffic control device
without stopping, provided that person operating bicycle slows to safe speed and yields
right of way to traffic or pedestrians. Permits person operating bicycle to turn without
stopping at intersection with specified traffic control device, provided that person
operating bicycle slows to safe speed and yields right of way to traffic or pedestrians.
Creates offense of improper entry into intersection where traffic is controlled by stop sign.
Punishes by maximum fine of $360.
Creates offense of improper entry into intersection where traffic is controlled by flashing
red signal. Punishes by maximum fine of $360.
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Sponsored by: By Representative BAILEY, Senators ATKINSON, PROZANSKI; Representatives
CANNON, DEMBROW, GALIZIO, SHIELDS, J SMITH (at the request of Bicycle
Transportation Alliance)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2690.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 2/26/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We oppose this bill. In addition to analysis by other reviewers of this bill, we believe that
vehicles that are required to utilize the same spaces need to be operating by the same
set of rules. This creates an environment where road users know what to expect from
each other. My experience in traffic enforcement and investigating vehicle crashes has
shown that it is often during those last critical moments when crashes occur. Requiring
all vehicles to stop at stop signs and at red lights allows for the time needed by vehicle
operators to adequately assess the intersection to determine whether it is safe to
proceed. It allows for this time while the vehicle operator is stationary, which is when
s/he is best able to make this safety assessment.
The same arguments for allowing bicyclists to not stop at these locations could also be
made for motorcycle operators and other vehicles. However, no one feels that would be
a good practice.
Stop signs and traffic lights are placed at intersections where there is significant conflict
between road users coming from different directions. These conflicts do not go away just
because someone is operating a bicycle.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/27/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
Agree with other reviewers. Sen. Prozanski is a sponsor, and we should recognize his
good intent in signing on to this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 2/23/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
This bill removes the requirement for cyclists to stop at stop signs or flashing red signals
if they slow to a safe speed prior to entering the intersection.
This bill in flawed in many respects. For brevity sake, I will refer only to stop signs, but
the analysis is equally true for the flashing red signal condition.
The safe speed for cyclists to ignore stop signs is ambiguous and subject to opinion. I
will defer to EPD, but feel it will be difficult to enforce.
The bill creates two different levels of users on the same street under the same
conditions; the automobile that must stop for the stop sign and the cyclist who need not
stop, but can treat the stop sign as if it were a yield sign. The bill begs the question; if it
is legal for cyclists at a stop sign to slow then proceed without stopping when it is safe to
do so, why is it illegal for a car in similar circumstance, to slow and proceed without
stopping when it is safe to do so? Common sense would say that a cyclist riding on a
street in traffic should be subject to the same basic rules of the road as a motorist. To do
otherwise creates less predictable, less safe conditions on our roadways.
This bill offers all cyclists the right to not stop at stop signs, independent of age. While it
true that many adult cyclists treat stop signs as if they were yield signs, to codify that
cyclists do not need to stop at stop signs sends a dangerous message to younger
cyclists, who lack the experience to judge the speed of cross traffic and other conditions
at intersections.
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HB 2692
Relating Clause: Relating to family leave.
Title:
Establishes that employee who returns to work after taking family leave is entitled to be
restored to available equivalent position instead of being restored to same position of
employment held by employee before taking leave.
Sponsored by: Representative CAMERON (at the request of Associated Oregon Industries)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2692.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 2 No No Support
Comments:
This added flexibility would be very helpful for employers, especially given the difficult
economic situation.
HB 2705
Relating Clause: Relating to vocational assistance for injured workers.
Title:
Modifies circumstances that require insurer or self-insured employer to contact injured
worker for evaluation of eligibility for vocational assistance.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2705.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jamie iboa CS-HRRS 3/3/2009 Pri 3 No No Support
Comments:
HB 2727
Relating Clause: Relating to records of concealed handgun licenses.
Title:
Prohibits public body from releasing information that can be used to identify holder of or
applicant for concealed handgun license. Authorizes disclosure for criminal justice
purposes and pursuant to court order.
Sponsored by: Representatives THATCHER, BARKER; Representatives BENTZ, BOONE, BRUUN,
CAMERON, CLEM, ESQUIVEL, FREEMAN, GARRARD, GELSER, GILLIAM, GILMAN,
HANNA, HUFFMAN, JENSON, KENNEMER, KRIEGER, MATTHEWS, MAURER,
OLSON, RICHARDSON, ROBLAN, SCHAUFLER, G SMITH, J SMITH, SPRENGER,
THOMPSON, WEIDNER, WHISNANT, WINGARD, WITT, Senators ATKINSON,
BOQUIST, FERRIOLI, GEORGE, GIROD, JOHNSON, KRUSE, MORSE, NELSON,
PROZANSKI, STARR, TELFER, VERGER, WHITSETT (at the request of Oregon
Sheriff's In Action)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2727.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/25/2009 Pri 2 No No Support
Comments:
We strongly support this bill, which is attempts to achieve the same goal as HB 2764, but
in a different way. Both bills are designed to protect the privacy of those individuals who
have, or who have applied for, a concealed handgun license (CHL).
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HB 2727 prohibits a public body from releasing the identity of a current holder of, or
applicant for, a concealed handgun license, except when the release of the information is
necessary for criminal justice purposes or pursuant to a court order.
It is hard to think of a legitimate reason why, other than for the exceptions listed, any
person or entity would need the individual identities of individuals with a CHL. Aggregate
data (such as how many such licenses were issued in particular cities or counties) would
still be available for those interested in such data. But this bill would protect the identity
of the individuals holding a CHL.
Most individuals who have a CHL have procured one because of personal safety
concerns. As part of the application, they obviously have to provide such personal
information as their name and address to the county. Release of this information could
result in harm to these individuals in at least two ways: First, a list of individuals with a
CHL would provide a potential burglar with a list of addresses where there is certainly at
least one handgun on the property that s/he could steal. Second, it provides a person
intending to victimize a person a way to learn whether s/he likely is armed. Although
some might argue that this could serve as a deterrent, it could equally well ensure that
the criminal arms himself/herself, and uses a higher level of pre-emptive force against the
victim, increasing the likelihood of serious injury or death to the victim.
In addition, if information regarding who has a CHL is publicly available, some individuals
who might otherwise obtain a CHL, but do not want that fact known, may opt to take their
chances by carrying a concealed firearm without a license, thus circumventing the
screening process that currently takes place during the licensing process.
On balance, we believe that the privacy rights of CHL holders, and their safety, far
outweigh any interest that might accrue from their individual identities being publicly
available.
HB 2747
Relating Clause: Relating to review fees for properties in historic districts.
Title:
Limits fees governing bodies may charge for conducting reviews of proposed changes to
property in historic districts.
Sponsored by: Representative ESQUIVEL; Representatives GARRARD, GILMAN, HUFFMAN,
JENSON, G SMITH, SPRENGER, THATCHER, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2747.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/3/2009 Pri 2 Yes YesII Oppose
Comments:
HB 2747 would have a negative financial impact on the City of Eugene. It would prevent
the City to recovering costs for a required review of property within a historic district.
Such a review is triggered by permit applications. The financial impact on the city would
depend on the number of permit applications requiring this review.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/3/2009 Pri 2 Yes YesIV. D2 Oppose
Comments:
Bill would limit city fees for historic reviews to $100. In Eugene, properties that have
historic zoning require an "Historic Alteration" application for physical changes to historic
buildings and/or property. Although the city processes only a few such requests a year,
historic reviews cost the city approximately $3,000 - $5,000 per application. This bill runs
counter to the city's goal of increasing the level of cost recovery for land use applications.
HB 2748
Relating Clause: Relating to employment of public employees who do not speak Spanish.
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Title:
Prohibits public employer from laying off or terminating employee who does not speak
Spanish.
Sponsored by: Representative ESQUIVEL; Representatives GARRARD, HUFFMAN, JENSON, G
SMITH, SPRENGER, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2748.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/26/2009 Pri 3 Oppose
Comments:
Some positions may require a second language as a duties requirement and this bill
could impact the City's ability to meet business needs.
HB 2758
Relating Clause: Relating to green energy technology in public buildings.
Title:
Requires public agency to include amount in contract for construction, reconstruction or
major renovation of public building equivalent to 1.5 percent of total contract price for
inclusion of appropriate green energy technology.
Sponsored by: Representative ESQUIVEL; Representatives GARRARD, G SMITH
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2758.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 2/26/2009 Pri 2 Yes YesIV. A Support
Comments:
Similar to SB 446, 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.
I think SB 446 is the better written of the 2 bills, but they both achieve essentially the
same thing. The 2 bills should be coordinated and the City should support the final
version as it is consistent with our energy efficiency and greenhouse gas reduction
policies and goals.
HB 2764
Relating Clause: Relating to public records; declaring an emergency.
Title:
Exempts concealed handgun license records from disclosure under public records law.
Requires disclosure of information obtained in connection with concealed handgun
license under specified circumstances.
Declares emergency, effective on passage.
Sponsored by: Representative WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2764.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/25/2009 Pri 2 No No Support
Comments:
We strongly support this bill, which is attempts to achieve the same goal as HB 2727, but
in a different way. Both bills are designed to protect the privacy of those individuals who
have, or who have applied for, a concealed handgun license.
HB 2764 takes the approach of making the CHL information an exemption to the public
records law (ORS 192.502), with exceptions for a public body carrying out its
governmental function, a requestor with notarized permission from the CHL holder, and
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certain entities when the information is to be used “in connection with a proceeding in any
court, government agency or regulatory body.”
We believe that the language of the third exception, contained in page 7, lines 4-9, of the
bill is somewhat ambiguous, and possibly subject to a fairly broad interpretation. We
would support eliminating this section or further restricting its language, but remain in
support of the bill even if this is not done.
It is hard to think of a legitimate reason why, other than for the exceptions listed, any
person or entity would need the identity of individuals with a CHL. Aggregate data (such
as how many such licenses were issued in particular cities or counties) would still be
available for those interested in such data. But this bill would protect the identity of the
individuals holding a CHL.
Most individuals who have a CHL have procured one because of personal safety
concerns. As part of the application, they obviously have to provide such personal
information as their name and address to the county. Release of this information could
result in harm to these individuals in at least two ways: First, a list of individuals with a
CHL would provide a potential burglar with a list of addresses where there is certainly at
least one handgun on the property that s/he could steal. Second, it provides a person
intending to victimize a person a way to learn whether s/he likely is armed. Although
some might argue that this could serve as a deterrent, it could equally well ensure that
the criminal arms himself/herself, and uses a higher level of pre-emptive force against the
victim, increasing the likelihood of serious injury or death to the victim.
In addition, if information regarding who has a CHL is publicly available, some individuals
who might otherwise obtain a CHL, but do not want that fact known, may opt to take their
chances by carrying a concealed firearm without a license, thus circumventing the
screening process that currently takes place during the licensing process.
On balance, we believe that the privacy rights of CHL holders, and their safety, far
outweigh any interest that might accrue from their individual identities being publicly
available.
HB 2770
Relating Clause: Relating to registration plates for persons with disabilities.
Title:
Directs Department of Transportation to design and issue registration plate that grants
parking privileges to qualifying person with disability.
Sponsored by: Representative C EDWARDS; Representative GREENLICK, Senators DINGFELDER,
ROSENBAUM (at the request of Rodney Metzger)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2770.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/27/2009 Pri 3 Oppose
Comments:
Parking Manager Jeff Petry makes a good point, enough so that I am inclined to
recommend a priority 3 oppose position (vs a drop). I note that Rep. Edwards is a co-
sponsor.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jeff Petry Jeff Petry PDD-ADM 2/25/2009 Pri 3 Oppose
Comments:
Disabled permit should be with the individual not the vehicle.
HB 2776
Relating Clause: Relating to public employee retirement.
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Title:
Allows member of Oregon Public Service Retirement Plan who is police officer or
firefighter to purchase benefit units in same manner as Tier One or Tier Two member of
Public Employees Retirement System who is police officer or firefighter.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR (at the request of AFSCME Council 75)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2776.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 3 Yes YesVIII. C2 Monitor
Comments:
The police and fire units are paid for by the employee but may have an impact on
employer rates. The need for additional benefits under OPSRP should be established
after analysis by PERS or their actuary, rather than on a piecemeal basis.
HB 2780
Relating Clause: Relating to health insurance.
Title:
Requires health benefit plan coverage for treatment of infertility.
Sponsored by: Representative JENSON (at the request of Toni Harrington)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2780.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 3 No No Monitor
Comments:
The language in the bill is very broad and doesn't specify any particular types of infertility
treatment that must be covered. This would be a significant expansion of mandated
health insurance benefits since most standard plans have exclusions or limitations for
infertility treatments.
HB 2783
Relating Clause: Relating to Oregon Trail registration plate; appropriating money.
Title:
Requires Department of Transportation to issue Oregon Trail registration plate. Imposes
surcharge on issuance of plate, to be transferred to Oregon School for the Deaf and
Oregon School for the Blind.
Appropriates moneys from General Fund to Department of Transportation for start-up
costs of Oregon Trail registration plate program.
Sponsored by: Representative SHIELDS (at the request of Martell Radford)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2783.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 2/27/2009 Pri 3 Yes YesIII. A Oppose
Comments:
The question is, what position do we take on bills that dedicate money to special
purposes that otherwise might go into a general fund (in this case, the state highway trust
fund) that allocates money to the city? Certainly the proposed purpose is worthy, but in
general, we should oppose efforts to earmark license plate fees.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/3/2009 Pri 3 Yes YesIII. A1 Oppose
Comments:
HB 2783 would establish a special Oregon Trail license plate. In addition to the normal
vehicle registration fee, a surcharge would be paid by persons obtaining this plate. No
revenue from the surcharge would go to the State Highway Trust Fund. The State
Highway Trust Fund's revenue is already inadequate for the needs of city, county and
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state roads. Our position should be to support increased revenue for the Trust Fund, of
which the City of Eugene received a share.
HB 2809
Relating Clause: Relating to urban renewal plans.
Title:
Allows certain municipalities to irrevocably convert urban renewal plan from standard rate
plan to reduced rate plan for consolidated billing tax rate purposes.
Sponsored by: Representative HUFFMAN; Representative THOMPSON (at the request of Dan Durow)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2809.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 2/27/2009 Pri 3 Yes YesII. A3 Neutral
Comments:
Recommendation is neutral because the change is optional. Oppose if the change
becomes mandatory.
This bill would allow certain urban renewal districts to reduce tax increment collections by
excluding bonds and levies passed by voters after October 6, 2001. For Eugene, this
option would only apply to the Riverfront District.
HB 2814
Relating Clause: Relating to court filings.
Title:
Requires that clerk of court accept for filing document that is faxed to court by attorney, or
that is otherwise scanned and sent to court in electronic form by attorney, if attorney files
statement that certifies that scanned version is true copy of original and that attorney will
retain original for period of at least ___ years, or for such shorter time as court may
provide for.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2814.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 3/2/2009 Pri 3 Support
Comments:
Municipal Court supports the ability to use technological advances to help make the court
more efficient and effective while reducing the need to come to court to file documents by
allowing this to be done electronically.
HB 2816
Relating Clause: Relating to consent to annexation for extraterritorial service.
Title:
Clarifies language authorizing city or district to require consent to eventual annexation in
exchange for providing extraterritorial service to landowner.
Excludes service provided by city or district outside boundaries of city or district on
behalf of another local government pursuant to intergovernmental agreement.
Declares consent by landowner to annexation obtained by city or district prior to
effective date of Act void if consent was demanded for service provided outside
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boundaries of city or district on behalf of another local government pursuant to
intergovernmental agreement.
Sponsored by: Representatives C EDWARDS, CLEM; Representatives BARKER, GREENLICK, RILEY,
STIEGLER, THATCHER, Senator GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2816.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 2/27/2009 Pri 3 Yes YesIV. D4 Support
Comments:
Provides city's additional authority to require future annexation of properties who receive
extension of urban services without annexation. This is consistent with existing city
policy which strongly promotes annexation in order to receive urban services. Bill does
not affect local policy regarding extraterritorial extensions.
HB 2828
Relating Clause: Relating to Internet posting of municipal budget summaries.
Title:
Allows certain municipal corporations to publish budget summary on website.
Requires municipal corporation electing to publish summary on website to also publish
certain information relating to summary in newspaper of general circulation within
jurisdictional boundaries of corporation.
Sponsored by: Representative OLSON; Representatives BENTZ, BRUUN, CAMERON, ESQUIVEL,
FREEMAN, GARRARD, GELSER, HANNA, KRIEGER, SPRENGER, THATCHER,
THOMPSON, WEIDNER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2828.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 2/27/2009 Pri 3 No No Support
Comments:
HB 2828 would potentially reduce costs of publication of a budget summary as required
by law. Now the City must publish a budget summary either in a newspaper of general
circulation,or by first-class mail, or by hand delivery to every address in the city. Under
HB 2828 the statutes would recognize that a budget summary posted on the City's
internet website is readly available to citizens. While the savings would be small,
publication on the internet would incur lower costs to the City.
HB 2831
Relating Clause: Relating to public employment.
Title:
Includes temporary employees in definition of 'appropriate bargaining unit' for purposes of
collective bargaining between public employers and public employees. Eliminates
requirement that both issue of representation by labor organization and issue of
designation of organization as exclusive representative be placed on ballot for
representation elections for faculty of
certain universities. Prohibits public employer from hiring permanent replacements for
public employees engaged in lawful strike.
Repeals expedited bargaining process in collective bargaining between public
employers and employees.
Sponsored by: Representative SCHAUFLER, Senator ROSENBAUM; Representatives DEMBROW,
HOLVEY, WITT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2831.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett CS-HRRS 3/2/2009 Pri 3 Oppose
Comments:
This is a combination of earlier bills this session --- oppose for the same reasons.
11
HB 2853
Relating Clause: Relating to firearms.
Title:
Expands prohibition on possessing and transferring firearm to include person found guilty
except for insanity of misdemeanor.
Sponsored by: Representative GALIZIO
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2853.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/3/2009 Pri 3 No No Oppose
Comments:
We oppose this bill, which would make it a crime for anyone who had ever been
convicted of a misdemeanor to possess a firearm. Misdemeanor crimes encompass a
wide range of unlawful conduct, including some city ordinance violations (such as
shoplifting or criminal mischief). For the majority of these crimes, there is no nexus
between the offense and any propensity for violence on the part of the person, and
similarly no indication from the crime that it would be dangerous for the person to own a
firearm. In addition, there is no time limit---the disqualifying misdemeanor could have
occurred many years earlier. We believe this bill is excessive, and is bad public policy.
HB 2857
Relating Clause: Relating to unlawful possession of a firearm.
Title:
Increases punishment for second and subsequent convictions of unlawful possession of
firearms. Punishes by maximum of five years' imprisonment, $125,000 fine, or both.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2857.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/3/2009 Pri 3 No No Support
Comments:
We support this bill, which would increase the class of crime for Unlawful Possession of
a Firearm to a Class C Felony (from a Class A Misdemeanor) if the person had been
previously convicted of the same offense. We believe that firearms offenses have a
direct relationship to public safety, and that if the person has previously been convicted of
this offense, s/he merits a more severe penalty for the second offense.
SB 0426
Relating Clause: Relating to drugs in the workplace.
Title:
Expands ability of employer to prohibit use of medical marijuana in workplace.
Sponsored by: Senator GIROD; Representative GILLIAM
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0426.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 2 No No Support
Comments:
The City of Eugene has many safety sensitive positions which makes the use of medical
marijuana in the workplace problematic. This bill gives employers needed ability to
manage the workplace. Similiar to HB 2497
12
SB 0468
Relating Clause: Relating to telemedicine.
Title:
Requires health insurers, and Department of Human Services through state medical
assistance program, to cover services performed using telemedicine. Requires Director
of Department of Consumer and Business Services and Director of Human Services to
adopt rules.
Sponsored by: Senator ATKINSON; Senator STARR (at the request of Dr. Norwood Knight-Richardson)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0468.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 3 No No Monitor
Comments:
This would be another significant expansion of mandated coverage which would
undoubtedly increase health plan costs, although telemedicine would probably be helpful
in rural parts of the state with limited access to health care professionals.
SB 0518
Relating Clause: Relating to dispute resolution.
Title:
Provides that parties may not waive dispute resolution in certain cases arising out of
provision of health care.
Sponsored by: Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0518.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/2/2009 Pri 3 No No Monitor
Comments:
The requirement for dispute resolution would potentially lower health care costs by
reducing the number of medical malpractice lawsuits that go to trial. No direct impact on
the City. Indirect impact in the form of lower medical malpractice insurance costs for
providers, which could translate to lower provider costs.
SB 0532
Relating Clause: Relating to crime prevention; appropriating money; declaring an emergency.
Title:
Directs Department of Justice to distribute moneys to local governments and agencies for
methamphetamine and property crime prevention.
Appropriates moneys from General Fund to Department of Justice for grants to local
governments.
Declares emergency, effective July 1, 2009.
Sponsored by: Senator BOQUIST
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0532.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman C. Tilby EPD-ADM 3/2/2009 Pri 2 Support
Comments:
We strongly support SB 532, which would distribute $36 million from the state general
fund among local jurisdictions (counties and cities) across the state for enforcement,
prevention, and treatment activities related to property crimes and methamphetamine
use.
We, as a City, have established the attack on property crimes as one of our highest law
enforcement priorities. To that end, we are on record with agreeing with County law
enforcement officials, as well as intervention and prevention professionals, that the
number one barrier to us dealing effectively with property offenders (and
13
methamphetamine users who are property crime offenders) is the lack of jail space in
order to keep them long enough to get to court, and/or as a sanction to support their
decision to complete addiction prevention activities. This legislation would provide the
City, as well as the County and the District Attorney’s Office, with significant funds to put
toward this goal. Particularly if the local agencies which would receive funds under this
bill developed a coordinated approach, we believe that we could have a significant impact
on this problem.
Under this bill, the following funding would be allocated to local governments in Eugene-
Springfield:
• City of Eugene: $150K (prevention, education, and law enforcement activities)
• Lane County: $300K (prevention and law enforcement activities)
• Lane County: $50K (prevention and education activities)
• Lane County: $300K (methamphetamine treatment)
• Lane County District Attorney’s Office: $300K (property crime and
methamphetamine prosecution)
• City of Springfield: $150K (prevention, education, and law enforcement activities)
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/3/2009 Pri 3 Yes YesII. B1 Monitor
Comments:
I recommend monitoring SB 532. I think it is unlikely the bill will pass in its curent form
but it should be watched. A much smaller version may win pasage, and amendmends
should be monitored to ensure state shared revenue is not affected in particular.
As introduced, the bill's proposed appropriation of $36 million is totally out-of-scale with
the State's available resources. To fund this bill it is more likely that the legislature would
place restrictions on or redirect revenue currently shared with city and counties than to
find money elsewhere in the state budget. The City of Eugene now uses state shared
revenue for General Funed services, and any reduction in state shared revenues would
damage these services.
The one-time nature of SB 532's funding is also a significant concern because it could
result in expectations that those supplementary services should continue to be funded
from the City's General Fund after the state grant funding is exhausted. In a period of
fiscal difficulty like the one the city is now experiencing, this expectation would increase
budgetary stress on the General Fund.
SB 0541
Relating Clause: Relating to drug testing of public assistance clients.
Title:
Prohibits grants of public assistance to individuals who test positive for substances of
abuse.
Sponsored by: Senator KRUSE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0541.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 2/26/2009 Neutral
Comments:
Will this bill inadvertantly punish those with prescriptions for controlled substances or
medical marijuana? Also might collaterally punish dependents or others who depend on
the public assistance through the offender. However, it doesn't seem to impact our City
services.
SB 0542
14
Relating Clause: Relating to velodromes.
Title:
Directs State Parks and Recreation Department to construct velodromes in northern
Willamette Valley, southern Willamette Valley and southern Oregon.
Limits biennial expenditures for velodrome construction from lottery moneys allocated
from Parks and Natural Resources Fund.
Sponsored by: Senators ATKINSON, PROZANSKI
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0542.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker PWE 2/24/2009 Pri 3 Yes YesII. B1 Monitor
Comments:
This bill will require the States Park and Recreation Department to develop a plan to
construct three velodromes in Oregon including the southern Willamette Valley. State
Parks would work with Lane County, the City of Eugene and the biking community in
locating a site and devoping a funding raising plan. The legislation would provide a
maximum of $3.5 million from lottery funds to construct the facilities.
Supported by City Council policy: Eugene supports enhancing existing funding levels for
state programs that are allied with and support public park and recreation agencies and
programs; and maintaining park and recreation agencies’ eligibility for funding in existing
programs and promote eligibility for funding in new programs.
Developing a velodrome is a priority 5 in the proposed projects and priorities in the Parks,
Recreation and Open Space Project and Priority Plan. Priority 5 is the lowest priority but
in the community’s long range vision for parks, open space, recreation programs, and
services but are not anticipated to be completed within the next 20 years.
SB 0569
Relating Clause: Relating to firearms.
Title:
Modifies definition of 'public place' for purpose of certain city or county ordinances related
to possession of loaded firearms.
Sponsored by: Senator BOQUIST
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0569.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/25/2009 Pri 2 Yes YesV. C5 Oppose
Comments:
We oppose this bill, which would create a further limitation on the City's ability to regulate
firearms.
This bill would modify ORS 166.173, which authorizes local jurisdictions to regulate
firearms in public places, to exclude "the interior of a privately owned vehicle" from what
constitutes a public place. This would essentially mean that an ordinance which, for
example, prohibited firearms in public parks or schools, would not apply to a person who
had a firearm inside his/her vehicle.
SB 0573
Relating Clause: Relating to firearms.
Title:
Modifies circumstances under which person may petition for relief from prohibition on
possession of firearms.
Sponsored by: Senator BOQUIST
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0573.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 2/25/2009 Pri 2 No No Oppose
15
Comments:
We strongly oppose this bill, which would allow felons who are prohibited from
possessing firearms to petition a justice court to eliminate that prohibition. (The bill would
expand a provision of law open to certain other categories of individuals to encompass
convicted felons.)
First, we oppose this on principle. Convicted felons, under Oregon law, have forfeited
their right to possess firearms. We see no reason to open the door to possibly allow such
a person to possess a firearm. Such individuals have been proven to have decided to
violate serious laws, by virtue of having been convicted by a court for a felony offense. To
allow such a person to legally possess a firearm arguably creates a danger to society.
In addition, we have a concern about the procedure, which entails the person making
application to a justice court "in the petitioner's county of residence that is reasonably
accessible to the petitioner." That essentially allows the person to petition any justice
court in the county where the petitioner lives. The law requires that the police chief of the
city where the court is located be notified or, if the court is not in a city, that notification be
made to the county sheriff. However, this would mean that a Eugene resident could file
such a petition in either the Florence or Oakridge Justice Court, and the police chief of
that jurisdiction (who may not even know the individual) would receive the notification.
EPD would not even know the petition had been filed, and thus not have the opportunity
to contest the petition under provisions of ORS 166.274(5).
We believe that public safety is best served by continuing to prohibit convicted felons
from possessing firearms.
SB 0576
Relating Clause: Relating to local government recommendations on liquor licenses.
Title:
Allows county or city to make binding recommendation to Oregon Liquor Control
Commission regarding application for issuance or renewal of full on-premises sales
license or limited on-premises sales license. Requires commission to follow
recommendation unless applicant establishes good cause to disregard
recommendation.
Sponsored by: Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0576.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Mike McKerrow PDD-ADM 2/26/2009 Pri 2 Yes YesVIII. D Support
Comments:
Bill allows City to have more impact on OLCC granted licenses.
SB 0592
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: Senator FERRIOLI (at the request of Karen Foster in memory of Bonnie Craig)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0592.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/25/2009 Pri 3 No No Oppose
Comments:
16
**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.
SB 0620
Relating Clause: Relating to failure to yield.
Title:
Increases penalty for failure to yield to emergency vehicle or
ambulance. Punishes by maximum fine of $720.
Sponsored by: Senator JOHNSON (at the request of Oregon Volunteer Firefighters Association)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0620.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 2/25/2009 Pri 3 Yes YesV. C7 Support
Comments:
We support this bill, which would increase the penalty for failure to yield to an emergency
vehicle or ambulance by making it a Class A (rather than Class B) traffic violation.
Drivers who fail to yield to emergency vehicles responding to emergencies impair the
ability of police, firefighters, and paramedics to provide the most timely service at the
most critical time. Sometimes seconds can make a difference as to the outcome. In
addition, such drivers---particularly those who fail to yield due to their inattention---can
increase the risk of a collision, which may mean that the emergency vehicle may not
arrive at all. We believe that this is a serious traffic violation which merits a more severe
consequence for those who violate this statute---and perhaps the increased penalty will
yield increased attention for emergency vehicles by drivers.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 2/25/2009 Pri 3 No No Support
Comments:
Inattentive drivers are a continuing problem for emergency vehicle operators. The Fire &
EMS Department favors the additional deterrence offered by this bill.
SB 0624
Relating Clause: Relating to renewable energy devices.
Title:
Prohibits future adoption, enactment or creation of homeowners association rules or
private covenants, conditions, restrictions r other agreements that prohibit installation and
use of renewable energy devices.
17
Sponsored by: Senator DINGFELDER, Representative CANNON; Senators HASS, ROSENBAUM,
Representative BAILEY
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0624.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/2/2009 Pri 3 Yes YesVII. A1 Support
Comments:
SB 624 would clear some challenges from a new private developments covenant, code
and restrictions for a resident owner from installing a renewable energy device. The bill
is not retro-active, which is more politically feasible; yet a more progressive policy would
be to expand the ruling to all homeowner associations (existing and future). There would
likely be more challenges to the bill, but it can be modified to address association and
owner concerns while addressing the ability for increased energy conservation and
renewable energy generation. Removing as many barriers (perceived or real) to
improving the energy performance of the built environment should be supported by the
City of Eugene.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom PDD-ADM 3/2/2009 Pri 3 Support
Comments:
Agree with Ethan's comments. While local governments can promote and enable
renewable energy devices, the City of Eugene has little control over CC & R's which
might otherwise prohibit their use. This bill would address that gap.
SB 0626
Relating Clause: Relating to driving while under the influence of intoxicants.
Title:
Increases fee for screening interviews of persons convicted of driving while under
influence of intoxicants.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0626.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 2/26/2009 Pri 2 Support
Comments:
Municipal Court currently utilizes Lane County Mental Health for screening interviews.
The County has advised us they will no longer provide this service. We are currently
reviewing options with the other local courts. A reasonable fee to provide this screening
is essential to help make the evaluation process more financially viable.
SB 0629
Relating Clause: Relating to noxious weed control; declaring an emergency.
Title:
Requires State Department of Agriculture to establish program for issuing grants to
counties for noxious weed control. Allocates and limits expenditure of lottery funds for
2009-2011 biennium for purpose of carrying out grant program.
Declares emergency, effective on passage.
Sponsored by: Senator FERRIOLI; Senators ATKINSON, BOQUIST, NELSON, TELFER, WHITSETT,
Representatives BARKER, BOONE, ESQUIVEL, GILMAN, HUFFMAN, JENSON,
KRIEGER, OLSON, SCHAUFLER, G SMITH, STIEGLER, THOMPSON, WHISNANT,
WITT (at the request of Don Farrar)
18
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0629.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/2/2009 Pri 2 Yes YesVII. B3 Support
Comments:
SB 629 would require ODA to establish a program for issuing grants to counties for
noxious weed control. Noxious weeds are a ecological and economic threat to
agriculture, forestry, fishing, and tourism.
In Oregon, it is estimated that $83 million in losses are caused annual by noxious weeds.
The City of Eugene's Parks and Open Space Division spends a miminum of $200,000
each year controlling noxious weeds.
SB 629 would establish a grant fund of approximately $750,000 per year to combat
noxious weeds. These funds would be allocated as grants to counties if the county has
established a weed control district. Such a grant program would assist in the control of
noxious weeds throughout the state.
SB 0642
Relating Clause: Relating to urban renewal.
Title:
Eliminates school district taxes from division of tax method of funding urban renewal
projects.
Applies to urban renewal plans that are adopted or substantially amended on or after
effective date of Act.
Sponsored by: Senator STARR
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0642.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/2/2009 Pri 1 Yes YesII. A3 Oppose
Comments:
For new urban renewal districts, this bill would not allow school taxes (LCC, Lane ESD
and K-12) to be included in the calculation of urban renewal revenues. For Eugene's
current districts, upon a substantial amendment, we would either have to (1) not collect
any property taxes, or (2) refund all outstanding debt and only collect urban renewal
revenues from non-school districts.
In FY08, school taxes made up more than 40% of total urban renewal revenues in
Eugene's two districts, or about $1.1 million.
SB 0311A
Relating Clause: Relating to Oregon Tort Claims Act; declaring an emergency.
Title:
Increases amounts recoverable in tort actions against public bodies. Provides different
limits for tort actions against state and for tort actions against other public bodies.
Provides for future increases in limits based on Consumer Price Index.
Provides for direct review by Supreme Court to determine whether application of
limitations is constitutional under facts of specific case.
Creates Task Force on Oregon Tort Claims Act. Provides that task force becomes
operative January 1, 2014. Sunsets task force March 1, 2015.
Declares emergency, effective July 1, 2009.
Sponsored by: Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in
conformance with presession filing rules, indicating neither advocacy nor opposition on
the part of the President. (at the request of Senate Interim Committee on Judiciary for
Oregon Tort Claims Act Interim Task Force)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0311.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
19
Jerome Lidz Jerome Lidz ATTORNEY 2/23/2009 Pri 2 No No Monitor
Comments:
The A-engrossed amendments do not make significant changes to the bill; they just
clarify effective dates and describe the process for Supreme Court review of
constitutional issues more clearly.
As noted in the comments on SB 311, this bill increases the City's liability limits, but less
than it increases the State's. Given the recent Supreme Court's decision on Tort Claims
Act liability caps, this bill is as good as we could expect.
20
ATTACHMENT C
IGR BILL REPORT
April 1, 2009
CITY OF EUGENE
HB 2491
Relating Clause: Relating to substances that constitute an intoxicant when operating a vehicle.
Title: Expands offense of driving while under influence of intoxicants to include any substance
that adversely affects person's physical or mental faculties to noticeable or perceptible
degree. Defines 'intoxicant.'
Sponsored by: Representative CAMERON; Representative BARKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2491.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 3/17/2009 Pri 2 Yes YesV. C7 Support
Comments:
We strongly support this bill. One of the biggest holes in the ORS on DUII is the
definition of "intoxicant". I have spent ten years as a Drug Recognition Expert (DRE). As
such I recognized there were a large number of impaired drivers under the influence of
over-the-counter meds and prescription meds that did not fall within the current ORS
definition of "intoxicant", defined as "alcohol, controlled substance, and or inhalant."
When you consider the levels of impairment observed in these people being as severe as
they were and the very real consequences that result in driving in such a condition, we
believe that this loophole should be closed so as to improve the safety of those who use
the roadway and hold those who choose to drive despite being under the influence of
these substances accountable. In addition, passage of this law will certainly increase
public awareness of the hazards of driving under the influence of such substances,
hopefully resulting in a preventive benefit to this change in the law.
In the DRE protocol, the term "drugs" (our reference to intoxicant) is defined as "any
substance which, when taken into the human body, impairs the ability of the person to
operate a vehicle safely." While a concern has been expressed that the definition of
“intoxicant” in this bill is too vague, we respectfully disagree. There are a number of
states that have adopted the DRE definition, or similar language, into their DUII statutes
and have successfully enforced them. For example, Washington law states: “A person is
guilty of driving while under the influence of intoxicating liquor or any drug if the person
drives a vehicle within this state…while the person is under the influence of or affected by
intoxicating liquor or any drug.” (RCW 46.61.502) Washington law defines “drug” as,
among other things, “substances (other than food, minerals or vitamins) intended to affect
the structure or any function of the body of man or animals.” (RCW 69.41.010) Utah law
includes in its definition of the term “drug” the following: “any substance that, when
knowingly, intentionally, or recklessly taken into the human body, can impair the ability of
a person to safely operate a motor vehicle.”
The DRE protocol is the standard supported by the National Highway Traffic Safety
Administration. With literally hundreds of medications and substances available that
don’t fall within the Oregon definition for the purpose of DUII, we feel that this legislation
is necessary to close that gap.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 2/4/2009 Pri 3 Oppose
Comments:
The definition of "intoxicant" is too vague.
1
HB 2538
Relating Clause: Relating to vehicle lighting.
Title: Requires use of headlights when windshield wipers are on. Punishes by maximum fine of
$90.
Sponsored by: Representatives TOMEI, GREENLICK; Representative GELSER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2538.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 2/16/2009 Pri 3 Yes YesV. C7 Support
Comments:
We support this bill, which would require that a motor vehicle have its headlights on when
the windshield wipers are being used (except when they are being used solely for the
purpose of cleaning the windshield). Virtually anytime that windshield wipers must be
used, visibility is reduced. Requiring that headlights be used during such periods will
help to make vehicles more visible to other drivers, and reduce the risk of traffic crashe
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tony Jobanek Tony Jobanek PWM 3/11/2009 Pri 3 Support
Comments:
The passage of this bill does not adversely effect the cost of operation for the City's fleet
and from the perpective of Fleet operations should be supported since it could reduce
accident risk and frequency.
HB 2589
Relating Clause: Relating to health benefit plan coverage of hearing aids.
Title: Requires health benefit plans to provide coverage for hearing aids for enrollees under 18
years of age.
Sponsored by: Representative CANNON, Senator WALKER; Representatives DEMBROW, GELSER,
GREENLICK, RILEY, Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2500.dir/hb2589.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/22/2009 Pri 3 No No Monitor
Comments:
The City's health plan offer hearing aid coverage, but at a lower level of reimbursement
than would be required under this bill.
HB 2641
Relating Clause: Relating to online sexual corruption of a child.
Title: Modifies definition of online communication for purposes of online sexual corruption of
child.
Sponsored by: Representatives OLSON, SPRENGER; Representatives BARKER, BARNHART,
BARTON, BENTZ, BERGER, BOONE, BRUUN, COWAN, D EDWARDS, ESQUIVEL,
FREEMAN, GARRARD, GILMAN, HANNA, HUFFMAN, JENSON, KENNEMER, KOMP,
MAURER, RICHARDSON, SCHAUFLER, G SMITH, STIEGLER, THATCHER,
THOMPSON, WEIDNER, WHISNANT, WINGARD, Senators BURDICK, FERRIOLI,
KRUSE, MORSE, WHITSETT, WINTERS
URL:http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2641.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 3/24/2009 Pri 2 No No Support
Comments:
We support this bill, sponsored by 36 legislators, which would update the definition of
"online communication" in ORS 163.431 (used for purposes of the statutes prohibiting
2
online sexual corruption of a child) to include telephone text messaging. Obviously, such
text messaging is becoming a much more prevalent means of communication, and
passage of this bill will allow statutory definitions to keep up with technology and current
practices.
HB 2733
Relating Clause: Relating to asphaltic concrete pavement mix.
Title: Requires Department of Transportation to include asphaltic concrete pavement mix
composed of up to five percent recycled asphaltic shingles in materials selected for
construction, maintenance and operation of state highways.
Sponsored by: Representative SCHAUFLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2733.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/20/2009 Pri 3 No No Monitor
Comments:
Paul Klope and Ethan Nelson have worked out a thorough and centrist recommendation
on this bill. Their position acknowledges the value of recycling efforts (asphalt shingles in
this case) and provides opportunities and incentives for continued research into this area
without prescribing a specific approach that may prove to have fatal flaws. I fully support
their recommendations.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 3 Yes YesVII. A4 Monitor
Comments:
HB 2733 proposes to mandate the use of recycled asphalt shingles (RAS) in all new
ODOT road projects. City of Eugene Solid Waste and Public Works Engineering staff
have discussed in length the benefits and challenges of this bill.
We support the goals of the bill to provide a more sustainable solution to disposal of
asphalt shingles and to reduce loading on our landfills. This is supported by Council
Legislative Policies: VII A1 Climate Change, VII A4a, b, and d Solid Waste and
Recycling. Annually, Eugene discards over 5,830 tons (4.5% of total discards) of asphalt
shingles and tar roofing paper into the landfill. While this bill would help to redirect part of
this waste stream from the landfill, there are other technical considerations. We believe
that the wording of the bill should be revised to provide more detail and allow ODOT
engineers the professional discretion and flexibility as to which surfacing method and
material is most appropriate for a given road type.
Use of asphalt shingles in asphalt concrete is in an experimental state, and more
research and experimentation work needs to be done to insure that use of RAS is
successful. Rather than require use of shingles at some set percentage, and risk either
failure or limiting the use of recycled shingles, we believe the bill should be rewritten to
direct ODOT to conduct research and testing and to construct pilot projects to determine
the appropriate use of RAS in asphalt pavement mixes for all classifications of streets,
highways and freeways.
It would also be a good idea to set a completion time for the research and testing, far
enough in the future to allow for qualitative data, but on an aggressive time table to move
the technology forward. We recommend a 4 year study with progress reports to
legislature at the next two sessions.
We suggest that the bill also encourage ODOT to research other opportunities for reuse
of RAS on their public infrastructure projects and report their findings. We suggest the bill
include a provision that ODOT educate and assist other public agencies and private
companies on reuse of RAS in paving projects. We suggest the bill also include a
requirement for the State to develop an incentive program for cities, counties and other
public agencies and for private companies for use of RAS in pilot projects with reporting
requirements back to ODOT.
The City of Eugene should support a revised version of this bill that addresses the
concerns identified above.
3
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 3/3/2009 Pri 3 Yes YesVII. A4 Monitor
Comments:
Good initiative to remove more material from the waste stream. Agree with Ethan's
detailed comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/17/2009 Pri 3 Yes YesVII. A4 Monitor
Comments:
Ethan and I commented on this bill together. See his comments above.
HB 2806
Relating Clause: Relating to public borrowing for acquisition of railways by Oregon International Port of
Coos Bay; appropriating money; declaring an emergency.
Title:
Authorizes issuance of lottery bonds to finance acquisition of railways by Oregon
International Port of Coos Bay.
Creates Oregon International Port of Coos Bay Railway Acquisition Fund. Continuously
appropriates moneys in fund to Oregon Department of Administrative Services.
Directs department to use moneys in fund to further economic development by paying
costs incurred by port to acquire railways.
Declares emergency, effective July 1, 2009.
Sponsored by: Representative ROBLAN; Senator VERGER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2806.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 Yes YesIII. A Monitor
Comments:
While there is a need for continued rail service to and from Coos Bay and while this
continued rail service will likely increase freight and freight-related economies in Eugene,
it "earmarks" lottery funds rather than having projects compete on their merits.
This reviewer's recommendation is to monitor the bill, keep track of other
lottery/ConnectOregon 'earmark' bills, and pursue a comprehensive strategy for the
allocation of lottery funds in the next biennium.
HB 2818
Relating Clause: Relating to a tax on motor vehicle rentals; appropriating money; prescribing an effective
date; providing for revenue raising that requires approval by a three-fifths majority.
Title: Establishes tax on motor vehicle rentals. Deposits revenue to State Highway Fund.
Continuously appropriates moneys to Department of Transportation for highway
purposes.
Applies to motor vehicles rented on or after January 1, 2010.
st
Takes effect on 91 day following Sine Die
Sponsored by: COMMITTEE ON TRANSPORTATION
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2818.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 2 Yes III. A1 Support
Comments:
HB 2818 would generate new revenue for the State Highway Trust Fund. The City of
Eugene would receive a share of this new revenue for streets. The State Highway Trust
Fund has been inadequate for many years to support local and state road needs. This bill
could help improve this situation. No analysis of projected revenue is available at the time
of these comments, though.
4
As introduced the bill would impose a 12.5% tax on vehicle rental fees for rentals of 30
days or less. It would not preempt Lane County's existing vehicle rental tax. Most people
renting vehicles and paying the tax would probably be visitors from out-of-state.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 2 Yes III. A Support
Comments:
Support with amendments, per Robert Tintle's recommendation. The current language
stipulates the money must go to the highway fund and be spent for highway purposes.
Allowing a small percentage to be used for airport purposes (e.g., air service
development) makes good business sense because much of the car rental trade occurs
in conjunction with airport services, and improvements in air service will generate more
car rentals which will increase revenues from this tax.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Robert Tintle Robert Tintle PW-APT 3/12/2009 Pri 2 Support
Comments:
Support and amend. HB 2818 should be amended to include a provision in Section 7 (2)
that 2% of the balance of the moneys received shall be allocated back to the airport
where the car rental activity occurred for the sole purpose air service development.
Lane County currently has a 10% car rental tax and all of the proceeds go to the County
with 76% allocated to the general fund and 24% to parks. Approximately 60% of all lane
county car rental tax revenue is generated at the Eugene Airport. Although the airport is
legally prohibited from using general airport revenues for air service development, if a
portion of the car rental tax was allocated from the county or state to the airport, the
airport could use the funds for air service development. An increase in air service would
also increase car rental activity, which would increase car rental revenues.
HB 2827
Relating Clause: Relating to child abuse.
Title:
Extends statute of limitations for action based on conduct that constitutes child abuse or
conduct knowingly allowing, permitting or encouraging child abuse. Requires that action
be commenced before claimant attains 40 years of age, or not more than five years from
date claimant discovers or in exercise of reasonable care should have discovered causal
connection between child abuse and injury, whichever period is longer.
Sponsored by: Representatives OLSON, GARRETT; Representatives BARKER, BARTON, BERGER,
BRUUN, CAMERON, ESQUIVEL, FREEMAN, GARRARD, HANNA, HUFFMAN, KAHL,
KRIEGER, MATTHEWS, MAURER, SCHAUFLER, SPRENGER, STIEGLER,
THOMPSON, WEIDNER, WHISNANT, WITT, Senators BOQUIST, MORSE
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2827.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman K. Flynn EPD-ADM 3/24/2009 Pri 3 No No Support
Comments:
We support this bill, which extends the length of time after the incident during which a
person may bring a civil action for actions constituting child abuse, or actions which allow,
permit, or encourage child abuse. Sometimes, the damages due to the trauma caused
by such conduct may not be apparent for an extended period of time. This allows victims
additional time during which they can bring a civil action related to child abuse they have
have suffered.
HB 2837
Relating Clause: Relating to federal tobacco products tax; prescribing an effective date.
5
Title: Exempts amounts paid in federal tobacco tax from calculation of state tax on tobacco
products other than cigarettes.
Applies to tobacco tax reporting periods beginning on or after January 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative SCHAUFLER (at the request of Jan Esler-Rowe)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2837.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 1 Yes YesII. B1 Oppose
Comments:
HB 2837 would reduce revenue the City of Eugene receives from the state tobacco
products tax. Federal taxes are about $1 per pack of cigarettes, with equivalent federal
taxes on other tobacco products. Presently the cost of federal taxes is included in the
wholesale sales price of tobacco products, upon which the state tobacco tax is levied.
This bill would exempt federal taxes from the wholesale sales price for the purpose of
computing the state tax, thus reducing the state tax levied and reducing shared revenue
to state, counties and cities.
HB 2842
Relating Clause: Relating to crime; declaring an emergency; providing for criminal sentence reduction that
requires approval by a two-thirds majority.
Title: Repeals Ballot Measure 57 (2008) and related provisions.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2842.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman C. Tilby EPD-ADM 3/17/2009 Pri 2 No No Oppose
Comments:
We oppose this bill, which would roll back many of the sentencing enhancements
included in Ballet Measure 57, passed in 2008. Property crimes are our number 1
problem. The hope of getting the upper hand on these crimes are the significant
sentences offenders receive for aggravated cases and repeated offenses. To roll back
these provisions would have a large negative impact on our ability to protect the citizens
from property crime offenders.
HB 2864
Relating Clause: Relating to land use planning for land included within urban growth boundary.
Title:
Permits city, notwithstanding charter, to annex land within urban growth boundary
without election in city.
Prohibits inclusion of land in inventory of buildable lands if, five years after inclusion of
land within urban growth boundary of district, land use plan changes facilitating urban
level development have not been made and acknowledged.
Removes land from urban growth boundary and includes land within urban reserve if, 10
years after inclusion of land within urban growth boundary of district, land use plan
changes facilitating urban level development have not been made and acknowledged.
Sponsored by: Representative SCHAUFLER (at the request of Oregon Home Builders Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2864.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/11/2009 Pri 3 Yes YesIV. D4 Neutral
Comments:
6
Bill is primarily aimed at the Portland Metro area. However, bill does provide greater
local control regarding city initiated annexations, enabling Eugene to determine the
appropriate direction based on city council policy.
HB 2872
Relating Clause: Relating to the unlawful possession of a firearm.
Title: Increases punishment for second and subsequent convictions for unlawful possession of
firearm. Punishes by maximum of five years' imprisonment, $125,000 fine, or both.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2872.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/11/2009 Pri 3 No No Support
Comments:
We support this bill, which would increase the class of crime for Unlawful Possession of a
Firearm to a Class C Felony (from a Class A Misdemeanor) if the person had been
previously convicted of the same offense. We believe that firearms offenses have a
direct relationship to public safety, and that if the person has previously been convicted of
this offense, s/he merits a more severe penalty for the second offense. This bill has
wording very similar to, and has essentially the same effect as, HB 2857.
HB 2875
Relating Clause: Relating to annexation.
Title: Allows taxpayer to elect to defer payment of increased property taxes attributable to
annexation of property by city. Allows deferral for 10-year period after effective date of
annexation. Requires payment of deferred property taxes if property is sold.
Sponsored by: Representative C EDWARDS; Representative GREENLICK, Senator WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2875.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/9/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
HB 2875 would affect the City's annexation policies. If fully funded by the state, the new
tax deferal program would not have a financial impact on the City of Eugene. However If
inadequate state funding occurs, the deferral program may have a negative financial
impact on the City.
It would allow any owner of recently-annexed property to defer city property taxes for up
to 10 years and the state would have a lien against the property. No hardship or income
test would be required to qualify for the deferral; anyone would be eligiable. After 10
years, or when the property is sold, the deferred taxes plus interest would be payable to
the OR Dept. of Revenue.
When a property qualifies for the deferal program, the OR Dept. of Revenue would then
be required to pay an amount equivalent to the deferred taxes, less 3%, into county
revolving tax accounts. This state money would come from the existing Senior Property
Tax Deferral Revolving Account. However, no additional money is appropriated to this
account to cover the bill's financial impact.
HB 2881
Relating Clause: Relating to medical marijuana.
Title: Establishes procedure for employment-related marijuana drug testing and review of
results by medical review officer.
Requires attending physician who provides documentation for medical marijuana card to
perform in-person examination of patient.
7
Sponsored by: Representative BUCKLEY; Representatives HOLVEY, KOTEK, SHIELDS, TOMEI
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2881.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/19/2009 Pri 2 No No Oppose
Comments:
The City's medical consultant and Medical Review Officers recommend that the City
oppose HB 2881. Medical Review Officers are not required to be trained to assess and
treat substance abuse, as would be required by this bill. On the US DOT website a MRO
is described as:
"A Medical Review Officer (MRO) is a person who is a licensed physician and who is
responsible for receiving and reviewing laboratory results generated by an employer's
drug testing program and evaluating medical explanations for certain drug test results.
As a MRO, you act as an independent and impartial "gatekeeper" and advocate for the
accuracy and integrity of the drug testing process. You provide quality assurance review
of the drug testing process for the specimens under your purview, determine if there is a
legitimate medical explanation for laboratory confirmed positive, adulterated, substituted
and invalid drug test results, ensure the timely flow of test result and other information to
employers and protect the confidentiality of the drug testing information."
According to the City's medical consultant, many prospective employees currently test
positive for marijuana. If each were to be referred to a Medical Review Officer it would
increase employer costs significantly. It is also not clear that the MROs in this community
have the training required in this bill. Also, allowing labs to report to employers the results
for any substance except marijuana doesn't make sense.
The City consulted with a medical expert at OHSU on a CDL drug test question and the
expert told the City that THC, which is the main psychoactive substance found in the
Cannabis plant, "has the potential to cause cognitive impairment including impaired
attention and impaired ability to process complex information when used chronically."
HB 2885
Relating Clause: Relating to vehicle taxes; providing for revenue raising that requires approval by a three-
fifths majority.
Title: Increases fuel tax and motor carrier taxes. Schedules future increases of fuel tax every
five years.
Sponsored by: Representative GREENLICK
URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2885.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 1 Yes YesIII. A Support
Comments:
HB 2885 would potentially increase revenue the City would receive from the State
Highway Trust Fund for street. Any attempt to amend the bill to preempt of freze local fuel
taxes must be strongly resisted.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 1 Yes YesIII. A Support
Comments:
An increase in the state gas tax, along with a fair (i.e. 20-30-50) split among cities,
counties and the state and no pre-emption of local fuel taxes is a vital component of a
workable transportation funding solution for Oregon. At 5 cents a gallon (indexed to
increase 5 cents every five years), this proposal is stronger than the 2 cent increase
suggested in Gov. Kulongoski's HB 2120.
Eugene should vigorously support this proposal and vigorously any efforts to amend it to
pre-empt local fuel taxes.
HB 2900
8
Relating Clause: Relating to a reserve fund; declaring an emergency.
Title:
Modifies circumstances under which moneys in Oregon Rainy Day Fund may be
appropriated.
Requires that after first revenue forecast following adjournment sine die of regular
legislative session, specified percentage of projected General Fund revenues be
transferred to Oregon Rainy Day Fund.
Establishes Education Capital Construction Account. Specifies that moneys in account
be used only for capital construction projects for public education. Requires, for biennia
beginning on or after July 1, 2009, that if sum of moneys in Oregon Rainy Day Fund and
moneys in Education Stability Fund equals 10 percent of General Fund revenues
projected for biennium, moneys that would otherwise be transferred to Oregon Rainy Day
Fund be transferred to Education Capital Construction Account.
Declares emergency, effective on passage.
Sponsored by: Representative WINGARD; Representatives BENTZ, FREEMAN, HUFFMAN,
KENNEMER, SPRENGER, THOMPSON, WEIDNER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2900.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Doug Lauderbach CS-FIN 3/18/2009 Pri 3 Yes Yes Support
Comments:
HB 2900 as written would require that 1% of the projected amount of General Fund
revenues to be transferred to the HB 2900 as written would require that 1% of the
projected amount of General Fund revenues to be transferred to the Oregon Rainy Day
Fund. This differs from existing ORS, which requires that the lesser of 1% of General
Fund appropriations or the funds ending balance be transferred into the rainy day fund.
So passage of the bill would provide for more stable funding of the rainy day fund.
The bill would also create the Education Stability Fund. In the event that the balance of
these two funds reached 10%, any future transfers into the rainy day fund would instead
be made into the education capital assistance fund. However, it is unclear what the long-
term financial impact to the rainy day fund that this relationship would have.
HB 2901
Relating Clause: Relating to group registration plates.
Title: Allows Department of Transportation to issue group registration plate for group that
promotes prevention of wildfires. Directs State Forestry Department to seek federal
approval to use image of Smokey Bear on group plates.
Sponsored by: Representative BOONE; Representatives BAILEY, BARKER, BRUUN, CLEM,
ESQUIVEL, FREEMAN, GARRARD, GILLIAM, GILMAN, GREENLICK, HANNA,
HOLVEY, HUFFMAN, JENSON, KENNEMER, KRIEGER, MATTHEWS, MAURER,
OLSON, ROBLAN, SCHAUFLER, SHIELDS, G SMITH, STIEGLER, THATCHER,
THOMPSON, VANORMAN, WEIDNER, WHISNANT, WINGARD, Senators ATKINSON,
BATES, BURDICK, COURTNEY, FERRIOLI, GIROD, HASS, JOHNSON, MONNES
ANDERSON, MONROE, MORRISETTE, MORSE, PROZANSKI, ROSENBAUM,
SCHRADER, STARR, TELFER, VERGER, WALKER, WINTERS (at
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2901.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 No No Neutral
Comments:
Well-intentioned bill that does not affect the City of Eugene. Basic vehicle license fees
will continue to go to State Highway Trust Fund. Only the surcharge of $2.50/plate would
go to a dedicated use (Keep Oregon Green).
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HB 2902
Relating Clause: Relating to financing for transportation projects; appropriating money; declaring an
emergency.
Title:
Authorizes issuance of lottery bonds for transportation projects for nonmotorized vehicles
and pedestrians. Establishes Nonmotorized Vehicle Transportation Fund and
continuously appropriates moneys in fund to finance Department of Transportation grants
and loans to public bodies and private entities. Specifies uses of moneys.
Declares emergency, effective July 1, 2009.
Sponsored by: Representative BAILEY; Representatives BARNHART, BRUUN, CLEM, ESQUIVEL,
OLSON, READ, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2902.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 3 III. A Support
Comments:
Another noble transportation idea for lottery funding. As with all other bills that seek to
earmark this source of revenue, this reviewer recommends a monitor position to see the
full range of bills seeking this form of revenue and then determine whether to support a
competitive, merit-based process (e.g., ConnectOregon) or throw support to one or more
specific earmarks.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker PWE 3/4/2009 Pri 3 Yes YesIII. A Support
Comments:
This bill is the same as SB 635.. There are limited opportunities to fund transportation
capital projects for nonmotorized vehicles and pedestrians. Most of our capacity
enhancing bicycle projects come from state and federal grants. Eugene has been very
successful but we are only able to build new bike projects every 2-3 years due to the
limits on funding programs. The Nonmotorized Vehicle Transportation Fund would not
come from general funds. The State may issue lottery bonds to finance grants and loans.
HB 2906
Relating Clause: Relating to a study by the Department of Transportation; appropriating money; declaring
an emergency.
Title:
Requires Department of Transportation to study Oregon Route 126 between Veneta
and Eugene.
Appropriates moneys from General Fund to department for purpose of study. Requires
department to seek reimbursement from federal funds for amount appropriated from
General Fund.
Sunsets January 2, 2012.
Declares emergency, effective on passage.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2906.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/20/2009 Pri 2 Yes YesIII. A2 Support
Comments:
A worthy study and one that offers local benefit. Rob Inerfeld offers a good analysis on
how this study fits into the work being done by the West Eugene Collaborative. He also
offers good comments on the logical bounds of the study and the emphasis on safety.
All this said, it is a bit unusual to legislate a transportation study. Surely every district in
the state has a transportation corridor that is most important to local residents. We have
not supported earmarked funding for legislatively mandated studies in other areas. (e.g.,
SB 376). This bill appropriates State General Fund monies for the study (other corridor
studies have sought highway funds or lottery funds).
All things considered, a priority 2 support position seems warrented.
10
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Rob Inerfeld Rob Inerfeld PWE 3/17/2009 Pri 2 Yes YesIII. A2 Support
Comments:
I recommend supporting this bill but only with the condition that the eastern terminus of
this study be extended to Terry Street in Eugene. Hwy 126 transitions from 5 to 2 lanes
at Terry Street, which makes this the logical point for the study to commence. The
section of Hwy 126/W. 11th from Terry to Greenhill in Eugene is currently designed as a
rural highway with no pedestrian or bicycle facilities or turning lanes; in 2006, the Council
set upgrading this section of W. 11th to state highway standards as its number two
transportation priority in west and north Eugene. I spoke with an ODOT Region 2 planner
about the idea of extending the study further east and he saw no problem with that.
If the terminus of the project is not extended further to the east, then I would only
recommend supporting the bill if none of the funding for the study were to come from the
Region 2 STIP budget or the Region 2 planning budget as these pots of funding support
other projects in our region such as the Beltline study from River Road to Coburg Road
(STIP) and our upcoming TSP update (likely to be partially funded out of the Region 2
planning budget).
The bill states that “alternatives to increasing capacity” on Route 126 should be studied.
This could be read as study different ways to increase capacity on Route 126. I think that
the number one objective of a Route 126 study should be to address safety issues and
not capacity. If a project that comes out of this study is to be ultimately implemented, it
will compete for funding with high priority projects within our MPO such as Beltline from
River Road to Coburg Road and Beltline from W. 11th to Roosevelt; these street sections
are more important to the region than 126 from Eugene to Veneta. A capacity-enhancing
project on 126 could potentially be much more expensive than a project that is designed
foremost to address safety but with some capacity benefits as well.
The city has not taken an official position on upgrading the section of Hwy 126 from
Eugene to Veneta. Although it is not an official city position, the West Eugene
Collaborative did provide a letter in support of the study to Rep. Holvey and Senator
Prozanski and the WEC final report recommends the study. Mayor Piercy and Councilor
Pryor are members of the WEC.
HB 2908
Relating Clause: Relating to the Prevailing Wage Education and Enforcement Account; declaring an
emergency.
Title:
Requires Commissioner of Bureau of Labor and Industries by order to set fee adequate
to pay costs of education and enforcement related to prevailing wage law and in amount
between 0.1 percent and 0.2 percent of contract price for public works.
Requires commissioner to set forth in rule basis for decision concerning fee.
Declares emergency, effective on passage.
Sponsored by: Representative HOLVEY
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2908.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/6/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
This bill has the potential to double BOLI fees for public works projects from the current
rate of .1% of the const. contract amount. It also removes the current fee cap of $5,000.
Whether these measures are needed to adequately fund BOLI education and
enforcement activities I don't know. It will, however, increase the cost of City projects.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/12/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
This is the same bill as SB0051 reviewed earlier, staff reviewers recommended "oppose".
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
11
Paul Klope PWE 3/5/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
Increases the BOLI fees charged on public works projects. Allows BOLI to set the fee at
anywhere between 0.1 and 0.2 percent of the construction contract price. Removes the
$5000 cap. Raises the minimum fee from $100 to $250. This bill will increase the cost of
construction contracts to the City. These fees fund BOLI activities.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/9/2009 Pri 3 Yes YesVIII. B Neutral
Comments:
Agree with comments from Mike Penwell and Paul Klope. As noted by Mike and Paul,
this bill would allow the BOLI Commissioner to set public contract fees in an amount
between 0.1 and 0.2 percent of the contract price. Currently, the fees may not be less
than $100 or more than $5000. This bill increases the minimum fee amount to $250 and
removes the $5000 maximum fee amount, so for a large project, the fees could be very
high.
HB 2946
Relating Clause: Representatives BAILEY, CLEM
Title: Directs Land Conservation and Development Commission to amend statewide land use
planning goals to require land use planning for public schools, consistent with policy of
Legislative Assembly.
Sponsored by: Representatives BAILEY, CLEM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2946.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/20/2009 Pri 3 Yes YesIV. D5 Monitor
Comments:
Current state statutes require that larger school district prepare school facilities plans
which are incorporated into a city's comprehensive plans. This amendment would direct
the state to include this as part of the statewide planning goals. Its unclear how this
would change current conditions. Staff recommends monitoring this bill at this point, with
an amended recommendation to be provided once further clarification is provided.
HB 2952
Relating Clause: Relating to small scale local energy projects.
Title: Adds requirement that applicant filing application to obtain loan funds for small scale local
energy project include proof that any necessary electrical, plumbing or other permits have
been obtained.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2952.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/11/2009 Pri 3 Yes YesIV. A Oppose
Comments:
HB 2952 would require any project requesting funding from the Oregon Department of
Energy (ODOE) through the Small Energy Loan Program (SELP) to show proof of
obtaining all electrical, plumbing and other required permits.
The City of Eugene should oppose this bill. The SELP program has been a highly
successful program and is overseen by highly qualified ODOE staff. The requirement to
obtain permits prior to obtaining loan financing is counter to all development models and
would severely curtail the level of renewable energy development occurring in the State
of Oregon. This bill requires project developers to have upfront capital for design and
permitting prior to applying for loan financing. Generally, the design phase is funded
through capital reserves and when financing is obtained, the developer will move forward
on obtaining permits (that have a time expiration associated with them).
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The City of Eugene should oppose HB 2952
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mark Whitmill PDD-BPS 3/16/2009 Pri 3 Yes YesIV. A Oppose
Comments:
I agree with Ethan's comments.
HB 2953
Relating Clause: Relating to bidding requirements for public improvement contracts.
Title: Provides that contracting agency may reject bid for public improvement contract if bidder
does not demonstrate that bidder is responsible. Provides that bidder must demonstrate
responsibility by showing that bidder has licenses that businesses and service
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2953.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mia Cariaga CS-FIN 3/11/2009 Pri 3 VIII. B Support
Comments:
Agree with Mike, language clean up.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/6/2009 Pri 3 Yes YesVIII. B Support
Comments:
This bill tightens up some of the wording relating to responsible bidders and appropriate
licenses. It is probably worth supporting even though it doesn't really change the intent of
any portion of ORS 279. Very low priority, however.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/17/2009 Pri 3 Yes YesVIII. B Support
Comments:
Agree with comments from Mike, Paul and Mia. Most of the changes seem to be intended
to clean up the language of the affected statutes. The bill would shift the burden to the
bidder to demonstrate responsibility. In order to be considered responsible the bill
requires that a bidder demonstrate that the bidder holds current licenses necessary to
undertake the work and holds insurance in amounts the City requires in the solicitation
document.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/12/2009 Pri 3 Yes YesVIII. B Support
Comments:
I agree with Mike also. Most of the bill is housekeeping and wordsmithing. However, in
addition the bill shifts the responsibility from the public agency to determine if the bidder
is responsible to requiring the bidder to demonstrate that it is responsible. No impact to
the City.
HB 2955
Relating Clause: Relating to retainage in connection with public improvement contracts
Title: Permits contracting agency to accept certain instruments from contractor in lieu of
moneys held as retainage in connection with public improvement contracts and permits
contractor to accept similar instruments from subcontractor.
Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2955.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/23/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
I agree with the comments of Paul Klope and Twyla Miller. This bill should be opposed
unless amended.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
13
Jenifer Willer Jenifer Willer PWE 3/19/2009 Yes YesVIII. B Oppose
Comments:
There does appear to be some ambiguity on what the agency has to accept or has the
option to accept.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/19/2009 Pri 3 Yes YesVIII. B Oppose
Comments:
This bill changes the existing language to require public agencies accept surety bonds in
lieu of cash retainage. This change could have significant impact to the City by increasing
the cost to administer contracts, and potentially lead to situations where contractors don’t
complete work on projects. Since the surety bond is an insurance policy and has no
monetary value and since the City already requires a surety bond called a performance
bond and a second surety bond called a payment bond, the surety bond for retainage is
of little value to the City because it provides staff with little leverage to “encourage”
contractors to perform. Retainage, with monetary value, is a tried and tested method to
motivate contractor's to complete infrastructure projects in a timely manner, because the
public agency is allowed to hold the 5% retainage until the contractor completes all the
work. Surety bonds covering performance and payment are necessary insurance policies
for the public agencies to have in case of contractor default, but do little to directly
motivate the contractor, because the insurance companies that provide the surety bonds
do little to encourage contractors to perform unless threatened with legal action by the
public agency. There are many situations where the amount of work left to do on a
contract is small and it is very unlikely that the City would chose to go to the expense of
legal action against a surety company to get that work completed. With the retainage as
actual dollars or with a monetary value that the City can readily cash into dollars, the City
rarely has to go after a surety company, because the contractors know that the City will
use their retainage to complete the work if they don’t.
If Section 1(b) of this bill were modified to drop the requirement that the public agency
accept surety bonds, then I would recommend the City support the modified bill.
The bill also adds a few more financial instruments to the list public agencies must accept
in lieu of retainage. The new additions are CD's, savings accounts, corporation bonds,
and GO bonds. These additions are acceptable.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peggy Keppler Peggy Keppler PWE 3/20/2009 Oppose
Comments:
I agree with and defer to Paul's comments.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Twylla Miller Twylla Miller CS-FIN 3/20/2009 Yes YesVIII. B Oppose
Comments:
Oppose as written: HB 2955 Section 1 (6) includes additional financial instruments
acceptable in lieu of retainage - particularly troublesome is (f) Corporation Bonds rated A
or better by recognized rating service. Bonds are more risky due to credit risk and
interest rate risk.
ORS 294.035 sets approved instruments for investment of surplus funds of political
subdivisions of the state. Under this ORS, the City is not allowed to invest in corporate
bonds for time periods longer than 18 months and only those with ratings of Aa or better,
unless the corporation has its headquarters in Oregon...then the rating is allowed to be A
or better. This statue recognizes the risk level of such bonds. It is not prudent for the
City to accept financial instruments in lieu of retainage that the City is unable to invest in
under current ORS/City investment policy.
If the following language were added to the bill, finance staff could support the bill:
Bonds and securities deposited or acquired in lieu of retainage must be an authorized
investment under both ORS 294.035 and the jurisdiction's investment policy.
14
HB 2961
Relating Clause: Relating to local requirements for the construction of structures.
Title: Allows municipality to impose local requirements for construction of new structures that
are more stringent than state building code.
Sponsored by: COMMITTEE ON CONSUMER PROTECTION
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2961.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mark Whitmill Mark Whitmill PDD-BPS 3/24/2009 Pri 3 Yes YesIV. B Neutral
Comments:
The state building code establishes uniform standards for construction throughout the
state. Municipalities are allowed to enact or enforce ordinances, rules or regulations that
relate to the same matters encompassed by the state building code but which provide
different requirements, but only if authorized by the Director of the Department of
Consumer and Business Services.
The amendment would significantly undermine the idea of a state-wide code.
Municipalities would be allowed to locally adopt more stringent construction standards
than those in the state code without approval from DCBS. Many if not most developers,
builders and trades people work in more than one jurisdiction. This bill could result in
confusing and possibly costly differences in code requirements from jurisdiction to
jurisdiction.
This bill would enable the city to more easily amend or modify the building code, if
desired. But it would be at the expense of state-wide consistency and maybe not in the
best interest of the general public.
HB 2962
Relating Clause: Relating to residential housing.
Title:
Requires Director of Department of Consumer and Business Services to adopt rules
requiring certificate of occupancy for new residential structure or zero-lot-line dwelling.
Requires director to adopt rules requiring general contractor or owner to present list of
contractors and subcontractors before issuance of certificate of occupancy for new
residential structure or zero-lot-line dwelling. Makes violation of rules subject to civil
penalty, not to exceed $5,000.
Requires that Construction Contractors Board information notice to property owners
about construction responsibilities include information about subcontractor information
and certificate of occupancy requirements. Requires contractor constructing new
residential structure or zero-lot-line dwelling to provide property owner with list of
subcontractors for structure or dwelling. Makes failure to provide list violation subject to
civil penalty, not to exceed $5,000.
Sponsored by: COMMITTEE ON CONSUMER PROTECTION
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2962.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mark Whitmill PDD-BPS 3/17/2009 Pri 3 No No Neutral
Comments:
Bill would require that a general contractor or owner building a new residential structure
maintain a list of all subcontractors involved in the construction, including names, contact
information and licensing information, and provide that list to the City (Building & Permit
Services) before obtaining a certificate of occupancy. A general contractor would also be
required to provide that list to the property owner.
The intent appears to be to increase accountability for poor workmanship or faulty
construction.
There would be some staff time involved collecting and processing the information, which
would presumably be covered by current administrative fees.
15
HB 2971
Relating Clause: Relating to use of State Highway Fund moneys.
Title: Increases allocation of State Highway Fund moneys for footpaths and bicycle trails.
Sponsored by: Representatives BAILEY, DEMBROW; Representatives CANNON, J SMITH (at the
request of Bicycle Transportation Alliance)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2971.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 3 Yes YesIII. A1 Support
Comments:
HB 2971 would have no practical financial impact on the City of Eugene. It would
increase the amount, from 1% to 2%, required by statute to be put into bike paths of the
City's annual share of the State Highway Trust Fund revenue. However the City already
exceds that level of investment into bike paths and no change in the City's activities
would be required.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 3 Yes YesIII. A Support
Comments:
Recommendation follows the position taken by IGR on SB 292, which offers identical
language to HB 2971.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker PWE 3/12/2009 Pri 3 Yes YesIII. A Support
Comments:
HB 2971 is the same language as SB 292. This would have no financial impact on the
City because we spending much more than the proposed 2% on bicycle facilities from the
state highway fund.
HB 2973
Relating Clause: Relating to public borrowing.
Title:
Modifies authority for issuance of bonds by public bodies. Requires voter approval for
public body to issue general obligation debt. Specifies that school district may not pledge
full faith and credit and taxing power of state. Specifies bonds of school district for which
State Treasurer may issue certificate of qualification for state guaranty.
Sponsored by: Representative WHISNANT, Senator TELFER; Representatives BENTZ, CAMERON,
FREEMAN, GARRARD, HANNA, HUFFMAN, KRIEGER, OLSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2973.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/20/2009 Pri 2 No No Oppose
Comments:
This bill would require a public vote on types of bonds that currently do not require a
public vote. For Eugene, an example would be the debt that we issued to pay for the
new library, or the debt that we issued to pay for the Santa Clara Fire Station. Under
current law, those types of borrowings do not require a public vote, and they do not
increase taxes. This bill would result in making it more difficult for the City to borrow
money for critical public projects that do not increase the tax burden on Eugene citizens.
HB 2979
Relating Clause: Relating to access to toilet facilities.
16
Title: Requires that places of public accommodation allow customer access to employee toilet
facilities if customer has certain medical conditions. Specifies exception. Punishes
violation of requirement by maximum fine of $90.
Sponsored by: Representative GARRETT; Senators DEVLIN, MORRISETTE (at the request of Mara
Addison)
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2979.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Beth Forrest CS-CMO 3/13/2009 Pri 3 Oppose
Comments:
Public restrooms should be required for any place of public accommodation. Bill
presents numerous enforcement, security, sanitation issues.
HB 2983
Relating Clause: Relating to property tax liens.
Title: Permits counties to sell property tax lien certificates.
Directs Department of Revenue to adopt rules establishing standards and procedures for
property tax lien certificate sales programs.
Sponsored by: Representative CAMERON; Representatives BENTZ, BERGER, ROBLAN, THATCHER
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2983.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Doug Lauderbach CS-FIN 3/18/2009 Pri 3 No No Support
Comments:
HB 2983 would give Counties the ability to sell "property tax lien certificates" to third
parties who would then have the right to receive payment on delinquent taxes, penalties,
and interest due. The potential financial benefit to the City would be the proportional
receipt of money from the sale of these tax liens which may not otherwise be realized if
the property taxes remained delinquent.
HB 2994
Relating Clause: Relating to annexation.
Title: Requires cities to provide urban services to territories approved for annexation within
three years of date of proclamation.
Sponsored by: Representatives CLEM, C EDWARDS; Representatives GREENLICK, READ
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2994.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/11/2009 Pri 3 Yes YesIV. D4 Oppose
Comments:
Staff opposes this bill more on principle than content. Bill would take away local home
rule ability to determine appropriate timing of urban service construction. Since Eugene
policy relies on owner initiated annexation requests, most requests are made when
owners have certainty around the timing of services. Bill appears to be aimed at
communities that regularly initiate annexations but may not be able to provide the
necessary services in a timely manner. As written, bill would also impose potentially
significant economic impact to local jurisdictions.
HB 2998
Relating Clause: Relating to manufactured dwelling park conversions.
Title:
Requires owner of manufactured dwelling park proposing to convert park to
manufactured dwelling subdivision to provide park tenants with copies of written notices
received by owner regarding conversion. Requires owner of potentially affected property
17
used as manufactured dwelling park to provide tenants with copies of written notices
received by owner regarding conversion of other manufactured dwelling park to
manufactured dwelling subdivision.
Makes violation subject to civil penalty, not to exceed $500.
Sponsored by: Representative CLEM
URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2998.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/18/2009 Pri 3 Support
Comments:
We should support and monitor and that's all for now.
HB 3000
Relating Clause: Relating to autism spectrum disorder.
Title: Requires health insurers and state medical assistance program to reimburse for
diagnosis and treatment of autism spectrum disorder.
Sponsored by: Representatives BUCKLEY, GREENLICK, C EDWARDS; Representatives KOTEK,
TOMEI, Senator BATES
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3000.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/17/2009 Pri 3 No No Monitor
Comments:
This bill would expand benefits under the City's existing health plans and would therefore
increase health plan costs, although the population receiving these benefits is relatively
small.
HB 3008
Relating Clause: Relating to bicycles; appropriating money.
Title:
Establishes bicycle registration and licensing system.
Creates offense of altering bicycle serial number or license. Punishes by maximum fine
of $90.
Creates offense of failure to register bicycle. Punishes by maximum fine of $25.
Sets registration, renewal and other fees.
Makes bicycle ownership information available to law enforcement agencies.
Establishes Bicycle Transportation Improvement Fund. Continuously appropriates
moneys in fund to Department of Transportation for bicycle related transportation
improvement projects.
Sponsored by: Representatives ESQUIVEL, KRIEGER; Representatives GARRARD, SCHAUFLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3008.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker PWE 3/17/2009 Pri 2 Yes YesIII. A Monitor
Comments:
This bill would mandate adults to register all of their bikes at the same $54 fee required of
motorists but much higher than the $30 required of motorcyclists. I support the voluntary
bicycle registration program run by the City of Eugene Police Department. Bicyclists with
a $200 bike would pay the same fee as a motorist purchasing a $15,000 car and their
impact to the wear and tear of the roadway is minimal as compared to car drivers. Every
garage sale bike purchased by an adult would have to be registered and a transfer of
ownership fee paid. A new administrative program would have to be established and a
new law for the police to enforce.
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Most adult bicyclists also own cars and pay for roadways with their auto registration.
Bicyclists also own homes and pay system development fees to support roadways.
Many adult bicyclists own more than one bike and would have to pay $54 for each one.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 2 Yes YesIII. A Monitor
Comments:
This bill already has gotten strong media attention. Taxing cyclists for their use of
transportation facilities is a hot issue for many Oregonians, some of whom feel it is only
fair and other who argue that cyclists are already paying their fair share.
There is no question that there is a need for funding for bicycle-related transportation
improvement projects. It would be intersting to see a fiscal projection of the annual
revenue that would come from a fee (that, of course, being dependent on the amount of
the fee). ODOT would be responsible for creating the administrative rules and procedures
for allocating funds to specific projects and programs.
A monitor position is recommended to see how the discussion of the fee level (initially
proposed at $54 per year) goes. It seems likely that a lower biannual registration amount
will be proposed, since $54 every two years is the same registration fee for a motor
vehicle.
HB 3019
Relating Clause: Relating to manufactured dwelling park tenants; prescribing an effective date.
Title:
Expands provisions for tax credit and landlord payment to tenants of manufactured
dwelling park to tenants who sell dwelling for loss and do not vacate park.
Applies to individuals whose household ends tenancy at manufactured dwelling park
during tax years beginning on or after January 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative CLEM
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3019.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/18/2009 Pri 3 Support
Comments:
This helps Manufactured Home Park tenants at no cost to the City
HB 3021
Relating Clause: Relating to emergencies.
Title:
Provides that qualified emergency service volunteer is agent of public body under
Oregon Tort Claims Act for purpose of acts and omissions of volunteer if acts or
omissions occur during state of emergency or state of public health emergency and while
volunteer is performing emergency services under direction of public body.
Requires Office of Emergency Management to provide workers' compensation
coverage for qualified emergency service volunteers who are injured in course and scope
of performing emergency service activities under direction of public body.
Provides that certain volunteer emergency health care providers, health care facilities
and operators of emergency health care centers are agents of state under Oregon Tort
Claims Act for purpose of acts and omissions of providers, facilities and operators during
state of emergency or state of public health emergency, without regard to whether
providers, facilities or operators are compensated for services.
Provides that qualified search and rescue volunteer is agent of county under Oregon
Tort Claims Act for purpose of acts and omissions of volunteer that occur while volunteer
is performing search and rescue activities under direction of sheriff or sheriff's designee.
Requires county to provide workers' compensation coverage for qualified search and
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rescue volunteers who are injured in course and scope of performing search and rescue
activities under direction of sheriff or sheriff's designee.
Provides that for purposes of limitation of Oregon Tort Claims Act on recovery for single
accident or occurrence, events giving rise to proclamation of state of emergency or state
of public health emergency do not constitute single accident or occurrence.
Revises other laws relating to emergencies.
Sponsored by: COMMITTEE ON VETERANS AND EMERGENCY SERVICES (at the request of Oregon
Law Commission)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3021.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Joe Rizzi CS-HRRS 3/24/2009 Pri 3 No No Support
Comments:
Oregon Emergency Management is a sponsor of this bill and we support their position.
HB 3023
Relating Clause: Relating to insurance coverage of dependents.
Title: Requires health benefit plans and health insurers to allow dependents to continue
coverage past age limit for dependent coverage in plan or policy under specified
conditions.
Sponsored by: Representative CANNON
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3023.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/17/2009 Pri 2 No No Oppose
Comments:
Employers are struggling to continue to provide existing health insurance benefits.
Mandating an extension of coverage for dependents who would otherwise lose eligibility
under the plan would increase employer costs.
HB 3030
Relating Clause: Relating to Ballot Measure 49 claims.
Title: Allows person who filed claim with county or with state under Ballot Measure 37 (2004) to
file claim under Ballot Measure 49 (2007) even though person did not file claim with both
county and state.
Sponsored by: Representative WINGARD (at the request of Oregonians in Action)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3030.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/23/2009 Drop Yes YesIV. D1 Drop
Comments:
This bill only applies to properties located outside an urban growth boundary and so
does not affect properties within the City of Eugene. The bill would amend Measure 49 to
entitle property owners located outside an urban growth boundary who timely filed a
Measure 37 claim with the state or the county but not both to relief under Measure 49.
Because the bill does not apply to properties in the City, recommend drop.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/16/2009 Pri 3 Yes YesIV. D1 Oppose
Comments:
Bill appears to be identical to HB 3225. Staff recommends opposition for the same
reasons as HB 3225, although this bill is limited in impact to counties and the state.
HB 3031
Relating Clause: Relating to residential land development; declaring an emergency.
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Title: Extends local government approval of residential development permits for two years.
Declares emergency, effective on passage.
Sponsored by: Representative SCHAUFLER (at the request of Oregon Home Builders Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3031.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/19/2009 Pri 3 Yes YesIV. D2 Neutral
Comments:
This bill would extend the expiration date of land use applications involving residential
development for 2 years beyond the current expiration date. In many jurisdictions, there
are numerous development requests that have been approved, but given the current
economic climate, have been put on hold by applicants. This bill is intended to provide
some assistance during this current downtown.
Extension of the expiration date would not necessarily pose any direct impact to local
jursidictions. One possible amendment which could help make this bill work more
effectively with community members would be to require that applicants provide notice of
this time extension to those who originally received notice for the project, so that they are
aware of the time frames in which the project may still proceed.
HB 3036
Relating Clause: Relating to telecommunications service.
Title:
Provides that rates, terms, conditions, charges and fees for telecommunications
services provided by telecommunications utility electing to be regulated under Act are not
subject to regulation by Public Utility Commission.
Provides for transition period during which rates charged by telecommunications utility
for primary line basic local exchange service are subject to price caps.
Requires commission to exempt telecommunications utility from providing certain
measures of service quality in required report if telecommunications utility petitions
commission and has met service quality levels in previous 12 months.
Sponsored by: COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3036.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Pam Berrian Pam Berrian CS-ISD 3/17/2009 Pri 2 Yes YesIX Oppose
Comments:
HB 3036 would relieve regulatory control over ILECs (the Incumbent carriers who are
small in number but cover the state as dial tone, local exchange carriers---the baby
bells).
My primary concern is that if ILECs think they deserve this type of regulatory relief, then it
is time to repeal ORS 221.515 rights of way use fee limitations (1989) sought by ILECs
because they were regulated by the PUC. If that regulation disappears, so to should
ORS 221.515 which placed an undue burden on local governments who receive rights of
way use fees from commercial users.
If ILECs want to look like a CLEC (unregulated competitive providers which do NOT get
their rights of way use fees limited by ORS 221.515, then ILECs no longer need ORS
221.515.
If 221.515 is not repealed, Telecom Program staff are concerned that if ILECs receive the
de-regulation benefits of this bill and begin to look more like CLECs, CLECs will use the
non-discriminatory treatment provisions of the Federal Telecom Act to try to force local
governments to use ORS 221.515 limiting guidelines when assessing ROW use
fees....with a potential resulting loss of ROW use fees for cities (including Eugene). That
'force' could come in the form of litigation.
It also appears that Section 6 impacts consumer protections by exempting service quality
measure reporting if an ILEC met a service quality benchmark in the 12 months
21
preceding the ILEC petition for exemption. This is not justified in a year when the Oregon
Department of Justice issued its report that Telecommunications Complaints rank No 1 in
the Oregon Attorney Generals' Consumer Complaint list.
http://www.doj.state.or.us/releases/pdf/top10_consumer_complaints_2009_rpt.pdf.
Telecom Program straff are working with other Oregon local governments to learn more
about HB 3036 and staff will inform the IGR Committee if our recommended position
should be changed.
HB 3037
Relating Clause: Relating to paint stewardship.
Title: Creates pilot program for paint stewardship. Directs manufacturers of paint to create
program. Requires paint manufacturers to report to Director of Department of
Environmental Quality.
Sunsets January 2, 2014.
Sponsored by: COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3037.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 3 Yes YesVII. A4 Support
Comments:
HB 3037 creates a pilot product stewardship program for architectural grade paint in
Oregon. The program is set up to drive private industry to evaluate and establish a
lifecycle product management process, but sunset by 2014. This bill is part of the suite of
product stewardship bills this session and is supported by Council Policy VII A4c.
Currently, there is no ban in Oregon on disposing of household hazardous waste
(including architectural paint) into landfills. Despite a lack of a ban, solid waste
management authorities strive to remove this stream from the landfill due the negative
environmental impacts of solvents in the leachate. For example, Lane County Solid
Waste manages the Glenwood Transfer Station voluntary hazardous waste drop-off
program. This program is funded through disposal fees and moves the end of life
management of the product from the producer to a public agency. The cost for a public
agency to manage the end of life process is far higher than if the paint industry
maintained a take-back program.
The City of Eugene should support HB 3037.
HB 3040
Relating Clause: Relating to utility programs to reduce greenhouse gases.
Title: Requires Public Utility Commission to approve rate changes to compensate public
utilities for programs and projects that reduce greenhouse gases.
Sponsored by: COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3040.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 1 Yes YesVII. A1 Oppose
Comments:
HB 3040 requests the Public Utility Commission to allow public utilities to increase rates
to offset increased greenhouse gas mitigation costs (such as carbon tax or cap and trade
scenarios). Also requests the PUC to allow companies to earn a reasonable rate of
return on capital investments for greenhouse gas mitigation measures.
This bill would directly affect Eugene area natural gas customers. Rather than allow the
PUC to identify what capital investments are allowable and the rates of return, this bill
legislates in favor of the utilities without opportunity for deliberation by the PUC. The
PUC is the policy body that should make these determinations, not legislature.
The City of Eugene should oppose this bill.
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HB 3049
Relating Clause: Relating to corporate minimum tax; prescribing an effective date; providing for revenue
raising that requires approval by a three-fifths majority.
Title: Increases corporate minimum tax to $300. Applies to tax years beginning on or after
January 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative BERGER; Representatives BENTZ, BRUUN, CAMERON, ESQUIVEL,
GILMAN, HANNA, HUFFMAN, JENSON, KENNEMER, MAURER, OLSON
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3049.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/13/2009 Pri 3 Yes YesII Support
Comments:
HB 3049 would have no financial impact on the City of Eugene but the City has a
legislative policy in favor of a higher corporate minimum tax. Current corporate minimum
tax is $10.
HB 3050
Relating Clause: Relating to education registration plates; appropriating money; declaring an emergency.
Title:
Directs Department of Transportation to establish education registration plate program.
Imposes $35 surcharge per year of registration. Directs that moneys from surcharge on
registration plate be transferred to qualified education foundation in each school district
and if no foundation exists, then to school district.
Directs Oregon Transportation Commission to conduct contest for design of education
registration plate. Appropriates moneys from General Fund to department for purpose
of initiating education registration plate program.
Authorizes department to offer four special registration plates at one time.
Declares emergency, effective July 1, 2009.
Sponsored by: Representative BERGER; Representatives BOONE, CLEM, THATCHER, WHISNANT,
Senators MONROE, TELFER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3050.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 3 No No Neutral
Comments:
Does not impact City of Eugene funding, since only the surcharge (extra) amount, over
and above the standard registration fee, would be allocated "qualified education
foundations."
Some amount of state General Fund is required to set up the program; probably a
relatively small amount of $$.
Police may have some concerns about proliferation of special plates (see also HB 2901,
Smokey the Bear plates).
HB 3052
Relating Clause: Relating to drugs in the workplace.
Title: Expands ability of employer to prohibit use of medical marijuana in workplace.
Sponsored by: Representatives HANNA, SCHAUFLER; Representatives BRUUN, CAMERON,
ESQUIVEL, FREEMAN, MATTHEWS, MAURER, G SMITH, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3052.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/19/2009 Pri 2 No No Support
23
Comments:
Similiar to HB 2497. 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 3056
Relating Clause: Relating to urban renewal.
Title: Requires 50 percent of increment to be added to total assessed value of property within
urban renewal area whenever increment equals total assessed value.
Sponsored by: Representative HUNT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3056.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/20/2009 Pri 2 Yes YesII. A3 Oppose
Comments:
This bill would affect the Downtown district immediately, but the Riverfront district has not
yet reached the condition where the bill would kick in. It's unclear how this would work
from a practical level.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/18/2009 Pri 2 Yes YesII. A3 Oppose
Comments:
This is counter to our adopted legislative policy.
HB 3057
Relating Clause: Relating to property tax deferral; prescribing an effective date.
Title:
Authorizes counties to designate educational development zones in which graduates of
Oregon post-secondary institutions may defer payment of property taxes on newly
purchased homes.
Directs Director of Economic and Community Development Department to adopt rules
directing counties in designating zones and establishing criteria for eligibility.
Directs Director of Department of Revenue to adopt rules establishing terms of and
procedures for claiming tax deferral.
Applies to tax years beginning on or after July 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: Representative READ; Representatives BENTZ, CANNON, CLEM, FREEMAN,
GARRARD, HUFFMAN, JENSON, SHIELDS
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3057.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
HB 3057 would not have an immediate financial impact on the City of Eugene. The bill
would allow a county to designate ares within which individuals, who graduated from a
community college, college, university, training school or other post-secondary institution
within Oregon, would have a property tax deferral for their primary residence. Cities
would have no authority regarding estblishment of these areas, and the state would not
replace deferred property tax revenue lost by a city.
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HB 3060
Relating Clause: Relating to product stewardship; appropriating money; declaring an emergency.
Title:
Makes legislative findings regarding certain products. Requires Department of
Environmental Quality to collaborate with certain parties to implement statewide system
for rechargeable batteries and lighting that contains mercury. Specifies selection process
for additional products to be covered in statewide system. Specifies provisions for
adoption of rules to implement product stewardship programs for rechargeable batteries
and lighting that contains mercury. Requires producers of rechargeable batteries and
lighting that contains mercury to establish product stewardship programs and product
stewardship plans and to submit annual written report to department. Requires producers
to establish annual performance goals.
Allows Environmental Quality Commission to adopt rules to implement provisions
related to rechargeable batteries and lighting that contains mercury.
Allows Department of Environmental Quality to establish schedule of fees to be paid by
producers. Establishes Product Stewardship Fund. Continuously appropriates moneys in
fund to department to pay costs of implementing provisions related to rechargeable
batteries and lighting that contains mercury.
Imposes civil penalty for disposal of, or knowingly accepting for disposal, rechargeable
batteries or lighting that contains mercury. Imposes civil penalties for other violations of
provisions related to rechargeable batteries and lighting that contains mercury.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON ENVIRONMENT AND WATER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3060.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 2 Yes YesVII. A4 Support
Comments:
HB 3060 is the House counterpart to SB 742, and is part of the Product Stewardship
suite of bills that have been proposed this session. Product Stewardship generally
means that product producers must manage their product from cradle to grave. These
types of programs are generally successful, for they advance public interest in waste
management policies and allow private industry to develop and implement the programs
themselves. Two high profile examples of product stewardship laws/programs are the
new E-Cycles program for electronic recycling and the Oregon Bottle Bill. This type of
legislation supports recycling system efficiency and quality environmental management
for recycling activities.
This is the “Framework” product stewardship bill (i.e., sets up a system that can handle
multiple products) that has been discussed under my comments to SB 320 and SB 742.
HB 3060 creates a comprehensive framework bill that multiple products can be included
over time as legislature reviews and adopts recommendations. The benefits of the
framework bill are two-fold: first, the language has been well thought out and vetted; and
second, the addition of new products over the years reduces the clutter in ORS from
individual product bills that vary slightly with implementation.
The implementation of product stewardship laws will reduce the amount of waste
disposed by consumers and reduce the cost to public agencies for hazardous waste
disposal.
The City of Eugene should support HB 3060.
HB 3061
Relating Clause: Relating to energy use of buildings.
Title:
Directs State Department of Energy to adopt energy efficiency rating system to be
implemented for residential and nonresidential buildings by specified dates.
25
Requires Director of State Department of Energy to convene advisory group to assist in
establishing energy performance scores for residential and nonresidential buildings.
Sponsored by: COMMITTEE ON ENVIRONMENT AND WATER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3061.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 2 Yes YesIV. A Support
Comments:
HB 3061 is the House counterpart to SB 79. Both are part of Gov. Kulongoski’s Climate
Change Legislative Package. This bill directly addresses energy efficiency in buildings
by providing a suite of actions including the rating system, an advisory group, building
code updates, and dedicated timeline for implementation.
Multiple council policies support this legislation including: IV.A Sustainable Development,
IV.B Building Code, IV.C Housing, and VII.A1 Climate Change.
Areas of consideration:
1. Sect 1: Provides property rating system for buildings, but does not specify
mechanism for regulatory perspective or potential cost recovery.
2. Sect. 3: Advisory group to establish scores must include broad stakeholders including
representatives from BOMA, HBA, Utilities, Municipalities, Real Estate, and State Gov.
3. Sect 6: Support: sets timeline for increase in building energy codes for non
residential (30%) and residential (15%) by 1/1/2012.
4. Questions: How will the program verify new buildings, by the design model or by
actual performance? If this is dependent upon a 3rd party verifier, how to ensure quality
verification?
The City should support HB 3061
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/23/2009 Pri 2 Yes YesIV. A Support
Comments:
I agree with Ethan's comments in support of this bill. In terms of new City facilities, this
bill will have little effect as our green building standards are already higher than this bill is
likely to produce. It should be supported on the basis of community and state-wide
benefit in terms of increased energy efficiency and reduced greenhouse gas production.
HB 3083
Relating Clause: Relating to personal flotation devices
Title: Requires person to wear personal flotation device when using inner tube on waters of this
state. Punishes by maximum fine of $360.
Sponsored by: Representative BARKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3083.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 3/17/2009 Pri 3 No No Support
Comments:
Very good legislation, providing another tool to help keep people safe on Oregon's
waterways.
HB 3085
Relating Clause: Relating to closure of manufactured dwelling park.
Title: Allows amendment of local ordinance regulating manufactured dwelling park closures or
partial closures until January 1, 2010, if amendment does not reduce statutory rights of
manufactured dwelling park tenants.
Sponsored by: Representative C EDWARDS; Representatives CLEM, KAHL, STIEGLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3085.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/11/2009 Pri 3 No No Support
26
Comments:
This is a sensible bill and it offers more local control with no risk. It will probably not
move.
HB 3088
Relating Clause: Relating to system development charges
Title:
Exempts small nonresidential uses from certain system development charges for minor
increases in impacts.
Sponsored by: Representative SCHAUFLER (at the request of Jan Esler-Rowe)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3088.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 1 Yes YesII Oppose
Comments:
HB 3088 would exempt projects that have a small but demonstrable impact on
transportation, drainabe or parks from paying SDC to the City of Eugene. It would also
exempt that part of a larger project that results in less than 25% increase in impacts. The
net effect would be a shortfall in SDC revenues necessary to adequately address the full
impact of development on transportation, drainage and parks.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Fred Mcvey Fred McVey PWE 3/12/2009 Pri 1 No No Oppose
Comments:
Exemption of incremental development from SDCs will result in reduced revenues to
construct needed capital improvements. The measurement thresholds of “small”
nonresidential uses and “minor” increases in impacts used in the bill may tend to under-
account for significant incremental impacts. For example, a 130,000 square foot
industrial use would be considered “small” and some 20,000 square foot additions could
be considered “minor”. For larger development impact increases, the City would be
unable to collect for a significant portion of impact. If passed as introduced this bill would
require changes to local SDC methodologies and administrative procedures; would add
to the cost and complexity of administering SDCs. Precise impacts are hard to gauge
given that the bill is poorly written, incomplete and unclear.
HB 3090
Relating Clause: Relating to renewable energy
Title: Prohibits inclusion in instrument conveying or contracting to convey real property or in
declaration or bylaws of community governed by declaration of certain provisions
prohibiting or limiting use of renewable energy devices.
Sponsored by: Representative CANNON, Senator DINGFELDER; Representatives BAILEY,
BARNHART, BRUUN, BUCKLEY, DEMBROW, HARKER, READ, STIEGLER, Senators
HASS, ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3090.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/16/2009 Pri 3 Yes YesIV. A Support
Comments:
HB 3090 is the companion bill to SB 624. The bill prohibits the ban in covenant, code
and restrictions the installation of renewable energy devices. The House version of the
bill is retroactive and covers all existing as well as new developments, whereas the
Senate version is only for new developments. This bill would clear any challenges from a
new private developments covenant, code and restrictions for a resident owner from
installing a renewable energy device. Removing as many barriers (perceived or real) to
improving the energy performance of the built environment should be supported by the
City of Eugene.
27
The City of Eugene should support HB 3090.
HB 3113
Relating Clause: Relating to imposition of registration fees on vehicles.
Title: Allows cities to impose registration fees on vehicles
Sponsored by: Representative BAILEY; Representative NOLAN
URL: http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3113.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/12/2009 Pri 1 Yes YesIII. A Support
Comments:
HB 3113 would allow cities to impose a local vehicle registration fee. Current law only
allows counties to do so. City vehicle registration fees were identifed as a possible
revenue source in discussions on city street funding.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 1 Yes YesIII. A Support
Comments:
Very small changes to ORS but huge policy benefits that give cities, including Eugene,
the option of collecting vehicle registration fees. This is a core strategy in the council's
transportation funding plan. It is optional, so we could continue to work with Lane County
on a countywide fee, but if that didn't work out we would still have the option of a city
registration fee.
This should be a high priority for the League of Oregon Cities as well.
HB 3121
Relating Clause: Relating to Keep Kids Safe registration plate.
Title:
Directs Department of Transportation to issue Keep Kids Safe registration plates.
Imposes surcharge on registration plates and directs department to deposit net proceeds
collected from surcharge to State Commission on Children and Families Account for child
abuse prevention programs.
Sponsored by: Representative WHISNANT, Senator TELFER; Representatives BAILEY, BARKER,
BARTON, BENTZ, BERGER, BOONE, BRUUN, BUCKLEY, CAMERON, CLEM, C
EDWARDS, ESQUIVEL, FREEMAN, GARRARD, GARRETT, GILLIAM, HANNA,
HARKER, HUFFMAN, JENSON, KENNEMER, KOMP, KRIEGER, MATTHEWS,
MAURER, OLSON, RICHARDSON, ROBLAN, SCHAUFLER, SHIELDS, G SMITH,
SPRENGER, STIEGLER, THATCHER, THOMPSON, VANORMAN, WEIDNER,
WINGARD, Senators BOQUIST, FERRIOLI, GIROD, KRUSE, SCHRADER, WHITSETT,
WINTERS
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3121.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 3 No No Neutral
Comments:
Another worthy cause for a special plate bill! Same as the others; no impact on City
revenues.
HB 3131
Relating Clause: Relating to public employees engaged in a lawful strike.
Title: Prohibits public employer from using replacement worker to perform duties of public
employee engaged in lawful strike.
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Sponsored by: COMMITTEE ON BUSINESS AND LABOR
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3131.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 3/13/2009 Pri 3 Oppose
Comments:
Has some similarity to HB 2546 except the word "permanent" has been removed from
before replacement worker. This bill could have a negative impact for the City if in a strike
situation on how service and business needs would be meet if replacement workers
could not be hired during the duration of a strike.
HB 3136
Relating Clause: Relating to tow vehicles.
Title: Exempts person who operates tow vehicle from liability if person operates tow vehicle at
direction of police officer, firefighter or person providing ambulance services.
Sponsored by: COMMITTEE ON TRANSPORTATION (at the request of Northwest Auto Trades
Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3136.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 3/16/2009 Pri 3 No No Oppose
Comments:
We have not seen many examples of damaged vehicles when towed at the direction of
fire crews, and do not believe an examption from liability is justified.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman EPD-ADM 3/18/2009 Pri 3 No No Oppose
Comments:
We oppose this bill, which would exempt a tow vehicle operator from liability for damage
to a vehicle if the vehicle is being towed at the direction of police, fire, or EMS personnel.
We believe that it is bad public policy to allow a "carte blanche" exemption from liability
for tow operators. The way this bill is worded, the exemption would apply even if the tow
vehicle operator was grossly negligent in towing the vehicle. In addition, we believe there
is a potential for increased liability to the City, at least in having to defend claims. If the
owner of the damaged vehicle cannot make a claim against the tow company, s/he will
no doubt try to make a claim against the jurisdiction employing the police officer,
firefighter, or paramedic who requested the tow. And, the way this bill is worded, it would
apply even if the public employee was simply being a conduit for a request from a private
person (e.g., police officer assisting a stalled motorist who relayed a request for a tow
truck made by the motorist).
HB 3137
Relating Clause: Relating to transportation; declaring an emergency.
Title: Repeals dedication of specified moneys to state highway modernization program.
Establishes priorities for highway projects. Increases allocation of State Highway Fund
moneys for footpaths and bicycle trails. Declares emergency, effective July 1, 2009.
Sponsored by: COMMITTEE ON TRANSPORTATION
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3137.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/11/2009 Pri 1 Yes YesIII. A Support
Comments:
This bill codifies a longstanding city of Eugene policy that places the highest priority for
flexible transportation funding on the operation, maintenance and preservation of the
existing transportation system. It should be supported vigorously.
Essentially, this bill repeals ORS 366.507, which gave the highest priority for much of
state highway spending "to establish and operate a state modernization program for
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highways." This priority has been replaced with a series of priorities that start with
operation and maintenance, then to efficiency of existing roads, then modernization, then
added capacity.
The bill includes a little "ornament," which is the bump in the allocation for footpaths and
bike trails (see SB 292 et al). IGR Committee already has approved a support position for
this concept, so it's easy to accept in this bill if that's what it takes to get a reprioritization
of State Highway Funds.
HB 3138
Relating Clause: Relating to transportation funding.
Title: Increases annual appropriation to Department of Transportation small cities program.
Sponsored by: COMMITTEE ON TRANSPORTATION(at the request of League of Oregon Cities)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3138.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/17/2009 Pri 2 Yes YesIII. A Oppose
Comments:
This is a tough call. On one hand, the increase in the annual appropriation to the small
cities program for road repairs will decrease by $4 million the highway split among cities
on a population basis (because the bill increases the reserved allocation for small cities
to $4.5 million from $500,000 per year). That means Eugene will get slightly less in
allocated highway trust funds.
On the other hand, small cities will get road money they very much need and that the
LOC is trying to get them.
To put this in perspective, the last full fiscal year net State Highway Trust Fund
distribution to cities (including the $500,000 to small cities program) was $113 million, of
which Eugene received $6.6 million. If all other things were equal and this bill was in
place in the previous fiscal year, the $4 million increase to the small cities program would
have amounted to a 3.5% decrease in net allocable city share, or $230,000 less revenue
to the city of Eugene.
On balance, given the significant potential loss of revenue to the City of Eugene is this bill
passes, this reviewer recommends a priority 2 oppose position, with our supportive
efforts to any and all revenue measures that would increase transportation funding for all
cities, regardless of their size.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/12/2009 Pri 2 Yes YesIII. A1 Oppose
Comments:
HB 3138 would have a negative financial impact of about $230,000 on the City of
Eugene. It would redirect some State Highway Trust Fund monies to small cities at the
expense of Eugene and other cities. A far better aproach to addressing the problem of
inadequate funding for small cities is to increase the State Highway Trust Fund's overall
revenue, thus benefiting all recepiant jurisdictions, small and large.
HB 3155
Relating Clause: Relating to energy efficiency for consumer-owned utilities.
Title:
Requires governing body of consumer-owned utility to adopt resolution to establish local
conservation and energy efficiency plan or annual conservation, energy efficiency and
carbon reduction or avoidance program. Specifies requirements for plan and program.
Specifies projects eligible for funding under plan or program. Requires consumer-owned
utility to provide certain annual reports.
Sponsored by: Representatives BOONE, WITT, Senator JOHNSON; Representatives BENTZ,
BERGER, BEYER, BUCKLEY, C EDWARDS, GILMAN, HOLVEY, HUFFMAN, JENSON,
KOMP, OLSON, SCHAUFLER, G SMITH, STIEGLER, VANORMAN, WHISNANT,
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Senators BATES, BOQUIST, FERRIOLI, VERGER (at the request of Oregon Rural
Electric Cooperatives Association, Oregon Municipal Electric Utilities Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3155.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/20/2009 Pri 2 Yes YesVII. A1 Oppose
Comments:
HB 3155 requires consumer owned utilities (such as EWEB) to adopt resolution to
establish a local conservation and energy efficiency plan. Currently, EWEB is a leader in
this area, and has made exceptional gains in conservation and energy efficiency
programs. As the municipal utility for Eugene, EWEB is opposed to this bill for the
following reasons:
This bill, while of good intent, has some unclear language that could be troublesome to
implement. For example, it sets spending targets based on the words “retail sales.” This
could be interpreted in administrative rules as either revenue or energy sales—with very
different outcomes. It does not clearly define a number of terms and does not indicate
who sets the standards for various measures or activities (for example, market
transformation, or high efficiency cogeneration,)
It should not be adopted at this time, since there is a great deal of work going on in the
region around transition to the post-2011 Bonneville conservation requirements. Utilities
and organizations representing them are meeting to establish regionally cohesive
approaches for acquiring conservation. This bill confuses that process by adding another
reporting structure and set of requirements for Oregon consumer owned utilities. It also
creates another layer for ODOE to monitor from the one established for the investor
owned utilities through the Energy Trust.
The regional work with the Council and Bonneville will result in the same amount of
conservation being installed with accountability for utilities actions. This bill is not needed
at this time.
The City of Eugene should not support HB 3155.
HB 3160
Relating Clause: Relating to family leave benefits insurance; appropriating money; declaring an
emergency.
Title:
Creates Family Leave Benefits Insurance Program to provide benefits to employees
taking family leave. Establishes Family Leave Benefits Insurance Account. Requires
employers to pay premiums withheld from employee earnings into account.
Continuously appropriates moneys in account to Bureau of Labor and Industries and
requires bureau to administer claims for benefits. Establishes qualifications for benefits.
Creates unlawful employment practice. Authorizes bureau to assess civil penalties
against employers for failure to comply with withholding requirements.
Establishes procedures and requirements for employers to file reports with Department
of Revenue.
Declares emergency, effective on passage.
Sponsored by: Representatives TOMEI, CANNON, DEMBROW, Senator ROSENBAUM;
Representatives BAILEY, BOONE, BUCKLEY, CLEM, GALIZIO, GELSER, GREENLICK,
HARKER, HOLVEY, KAHL, KOTEK, NOLAN, READ, SCHAUFLER, SHIELDS, J SMITH,
STIEGLER, VANORMAN, WITT, Senators BATES, BONAMICI, DINGFELDER,
MONROE, PROZANSKI, WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3160.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/24/2009 Pri 3 No No Monitor
Comments:
31
This would provide an employee paid benefit for Family Leave. Employers would
withhold 2 cents per hour and remit to the state. Employees would file claims for benefits
with the state bureau of labor.
HB 3171
Relating Clause: Relating to jury service.
Title:
Provides that judge or clerk of court may not defer jury service for person more than once
unless person seeks deferral for specified emergency and person could not have
anticipated circumstances when first deferral was granted.
Provides that employer may not require that employee use vacation leave, sick leave or
annual leave for time spent by employee in responding to summons for jury duty and that
employer must allow employee to take leave without pay for time spent by employee in
responding to summons for jury duty.
Sponsored by: Representatives OLSON, BARKER; Representatives GARRETT, THOMPSON,
WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3171.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Char Mauch CS-MUNI 3/20/2009 Pri 2 Support
Comments:
Municipal Court supports these changes as they will help manage the jurors that
continually ask for deferrals. It would reduce the time that judges would spend reviewing
these requests, thus offering financial savings to the court's judicial contract budget,
since we would have a strict guidelines on how many a person could have.
The court also supports the change allowing jurors to not have to take vacation, sick
leave or their annual leave to serve on jury duty. They would have the right to use unpaid
leave if they want to.
HB 3202
Relating Clause: Relating to exemption from disclosure of audio recording of voice of caller to 9-1-1
emergency center.
Title: Exempts from disclosure under public records law audio recording of voice of caller to 9-
1-1 emergency center unless public interest requires disclosure. Creates exceptions.
Allows any person to obtain transcript of audio recording.
Sponsored by: Representative BAILEY; Representative WITT (at the request of Mary Ann Schwab)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3202.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Kristi J. Wilde Kristi Wilde EPD-911 3/24/2009 Pri 3 Yes YesV. B2 Monitor
Comments:
There is an undue burden in the last sentence of the bill where we could be required to
provide a transcription of a releasable audio recording. That is not part of our original
record. While the protection of privacy of a
9-1-1 caller included in the rest of the bill is not an issue, we would need to see the
transcription requirement addressed so that the labor and cost of supplying the new form
of the information would not fall on the 9-1-1 center staff and budget.
HB 3212
Relating Clause: Relating to Ballot Measure 49 (2007) claims.
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Title: Allows person who filed claim with county or with state under Ballot Measure 37 (2004) to
file claim under Ballot Measure 49 (2007) even though person did not file claim with both
county and state.
Sponsored by: Representatives ESQUIVEL, BUCKLEY, GARRARD, RICHARDSON, GILMAN,
WINGARD; Representatives BENTZ, FREEMAN, GILLIAM, HANNA, HUFFMAN,
KRIEGER, MAURER, SCHAUFLER, THATCHER, THOMPSON, WEIDNER,
WHISNANT, Senator WHITSETT (at the request of Jackson County, Oregonians in
Action)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3212.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/17/2009 Pri 3 Yes YesIV. D1 Oppose
Comments:
Bill appears to be identical to 2 other bills: HB 3030 and HB 3025. For the same reasons
identified in those bills, staff recommends opposition to this bill:
This bill would broaden the ability for claims to be filed under M 37/49 with the Counties
or the State. Although this bill only affects state and county jurisdictions (no impact to
Eugene), staff recommends opposition to this bill given overall policy position of the City
Council to oppose all M37/49 legislation that would increase its scope and impact.
HB 3225
Relating Clause: Relating to Ballot Measure 49 (2007) claims.
Title: Allows person who filed claim with county or with state under Ballot Measure 37 (2004) to
file claim under Ballot Measure 49 (2007) even though person did not file claim with both
county and state.
Sponsored by: COMMITTEE ON LAND USE
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3225.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/16/2009 Pri 3 Yes YesIV. D1 Oppose
Comments:
This bill would broaden the ability for claims to be filed under M 37/49 with the Counties
or the State. Although this bill only affects state and county jurisdictions (no impact to
Eugene), staff recommends opposition to this bill given overall policy position of the City
Council to oppose all M37/49 legislation that would increase its scope and impact.
HB 3227
Relating Clause: Relating to coal
Title: Requires that any coal used to produce energy in Oregon on and after January 1, 2025,
must achieve zero percent emission of greenhouse gases.
Sponsored by: COMMITTEE ON LAND USE
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3227.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/19/2009 Pri 3 Yes YesVII. A1 Oppose
Comments:
This bill is poorly written, has not immediate affect to City of Eugene and is too vague in
scope.
The City of Eugene should oppose this bill.
HB 3241
Relating Clause: Relating to license fees.
Title:
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Removes authority of city or county to levy tax on person who holds towing business
certificate and who conducts business within city or county.
Sponsored by: Representative BEYER (at the request of Oregon Tow Truck Association)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3241.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/22/2009 Pri 2 Yes YesII Oppose
Comments:
HB 3241 would exempt towing businesses that do business within a city but which do
not have an office or storage lot within the city from a general business license fee,
should the city choose to impose such a general license fee. This would allow towing
businesses with property located outside the city an advantage over towing businesses
with property located inside the city, even though both do businesses within the city.
While Eugene does not have a general business license fee, it remains an option for
additional revenue and regulatory goals. Special treatment for particular businesses
doing significant business within, but not located within, the city is very undesirable.
HB 3253
Relating Clause: Relating to plug-in electric drive motor vehicle tax credit.
Title: Establishes tax credit for plug-in electric drive motor vehicles.
Applies to tax years beginning on or after January 1, 2010.
Sponsored by: Representative NATHANSON; Representatives BAILEY, BARKER, BOONE, CANNON,
CLEM, DEMBROW, C EDWARDS, D EDWARDS, GALIZIO, GARRETT, HOLVEY,
MAURER, SCHAUFLER, J SMITH, STIEGLER, Senators PROZANSKI, WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3253.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 3/23/2009 Pri 2 Yes YesVII. A1 Support
Comments:
Establishing tax credits for electric vehicles will stimulate adoption of EV's and help with
the shift from fossil fuel propelled vehicles to cleaner energy. There are at least two EV
manufacturers (of single occupant vehicles) in Eugene. The proposed tax credits would
help develop a larger customer base for the vehicles and in turn be one of the tools for
decreasing greenhouse gas emissions in Eugene and the State.
HB 3269
Relating Clause: Relating to taxation; prescribing an effective date; providing for revenue raising that
requires approval by a three-fifths majority.
Title:
Reduces personal income tax rates, including rates imposed on capital gains. Increases
state earned income tax credit and makes earned income tax credit refundable
permanently.
Increases threshold level of estates of decedents that are not subject to Oregon
inheritance tax.
Establishes principal residence property tax exemption for homesteads of seniors or
persons with household income below threshold level. Increases elderly rental assistance
program.
Enacts uniform sales and use tax administration provisions. Directs Department of
Revenue to enter into Streamlined Sales and Use Tax Agreement. Imposes sales tax on
sales of tangible personal property or services. Imposes use tax on use of tangible
personal property purchased outside this state.
Provides that sales and use tax provisions become operative on January 1, 2010, and
apply to transactions occurring on or after January 1, 2010, but do not become operative
if Streamlined Sales and Use Tax Agreement is not executed prior to January 1, 2010.
Takes effect on 91st day following adjournment sine die.
34
Sponsored by: Representatives BERGER, BRUUN, ESQUIVEL, JENSON, Senators BURDICK, MORSE
URL:http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3269.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/23/2009 Pri 2 Yes YesII Oppose
Comments:
HB 3398 proposes a a state general sales tax and reductions in the state income,
inheritance and capital gains taxes. A new property tax exemption would be created
based on age and income, with the taxes otherwise lost to be paid by the state. In
addition local governments would be forbidden from piggybacking on the state sales tax
with a local sales tax. It is almost certain that the bill will go nowhere, but it is important to
note the prohibition on local general sales tax would be a new restriction imposed on
local governments, and the property taxes to be paid by the state would be subject to
future legislative appropriations.
HB 3368
Relating Clause: Relating to urban reserves
Title: Prohibits Land Conservation and Development Commission and anylocal government
from establishing minimum lot or parcel sizes on lands included within designated urban
reserve as result of inclusion.
Sponsored by: Representative WINGARD (at the request of John Bacon)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3368.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/16/2009 Pri 3 Yes YesIV. D5 Neutral
Comments:
State Statute allows local governments to establish rural reserves outside of UGB's to
serve as likely areas for future UGB expansions. This Bill would prohibit a County from
establishing a new minimum lot size on affected parcels, as a result of this rural reserve
designation. The purpose of this bill appears to be aimed at holding parcels harmless
from the act of this designation. This would not affect a city's ability to later apply new lot
standards if such parcels were ultimately included inside a UGB. Staff does not see this
having a direct impact to Eugene.
HB 3381
Relating Clause: Relating to tax incentives for services as an emergency medical technician; prescribing
an effective date.
Title:
Creates income tax credit or property tax exemption for emergency medical technicians
who provide volunteer services. Requires one-time election of credit or exemption by
emergency medical technicians. Provides for certification by Department of Human
Services.
Applies to tax years beginning on or after January 1, 2010, and to property tax years
beginning on or after July 1, 2010.
Takes effect on 91st day following adjournment sine die.
Sponsored by: By Representative BENTZ; Representatives GARRETT, JENSON, OLSON, ROBLAN,
Senators FERRIOLI, JOHNSON, MORRISETTE (at the request of Hines Volunteer Fire
Department)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3381.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/23/2009 Pri 2 Yes YesII. A2 Oppose
Comments:
HB 3381 would have a negative fiscal impact on the City of Eugene by adding yet
another property tax exemption to state statutes. This is one of the many efforts by
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legislstors to achieve some policy goal at the expense of cities, schools, counties and
other local jurisdictions that depend on property tax revenue.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 3/16/2009 Pri 2 No No Oppose
Comments:
Though laudable in its intent, this bill is only half baked, is confusingly worded, and
represents a slippery slope. I expect that there are other commendable activities being
undertaken by private citizens in Oregon that someone may also deem worthy of property
tax exemption.
HB 3398
Relating Clause: Relating to finance; appropriating money; prescribing an effective date; providing for
revenue raising that requires approval by a three-fifths majority.
Title:
Imposes, upon elector approval of Senate Joint Resolution 33 (2009), general retail
sales and use tax of ___ percent on sale and use of tangible personal property.
Exempts, among numerous other exemptions, food, utilities, prescription drugs, housing
and animal life, feed, seed, plants, fertilizer and pesticides used for commercial,
agricultural, horticultural or silvicultural activities.
Prohibits local governmental general retail sales and use taxes.
Provides that proceeds of sales tax be placed in General Fund.
Provides penalties.
Eliminates personal income taxes and corporate excise and income taxes for tax years
beginning on or after January 1, 2011.
Takes effect on effective date of constitutional amendment proposed by Senate Joint
Resolution 33 (2009).
Becomes operative on January 1, 2011.
Sponsored by: Representative BERGER, Senator KRUSE
URL:http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3398.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/23/2009 Pri 2 Yes YesII Oppose
Comments:
HB 3398 proposes a wide range of changes to Oregon's tax system. If voters approved
the amendment to the Oregon Constitution, a state general sales tax would be instituted
and the state income tax eliminated. In addition local governments would be forbidden
from piggybacking on the state sales tax with a local sales tax. The bill would leave
property taxes unaffected. It is almost certain that the bill will go nowhere, but it is
important to note the prohibition on local general sales tax would be a new restriction
imposed on local governments,
HB 3403
Relating Clause: Relating to payment of wages upon cessation of employment.
Title: Requires employer to pay final wages to an employee who has been discharged or
terminated within five working days of date of cessation of employment.
Sponsored by: Representative BARTON (at the request of Cathy Cole)
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3403.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Finn Cronin CS-FIN 3/24/2009 Pri 1 No No Support
Comments:
Presently, an employer is required to pay final wages the first day after the termination of
an employee. Providing five days allows City staff to process the final pay in a timely
manner without impacting ongoing work commitments.
36
HB 3408
Relating Clause: Relating to prohibition on local real property transfer taxes.
Title: Repeals law prohibiting imposition of real property transfer tax or fee by local jurisdiction.
Sponsored by: COMMITTEE ON REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3408.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/22/2009 Pri 2 Yes YesII. B8 Support
Comments:
In repealing the state ban on local real estate transfer taxes HB 3408 would accomplish
an important legislative goal for the City of Eugene. This would allow the City the option
of using this tax for additional revenue.
HB 3420
Relating Clause: Relating to public contracts for software procurement.
Title: Requires contracting agency to evaluate bids or proposals for software procurements
using certain criteria.
Sponsored by: Representative J SMITH; Representatives CLEM, ESQUIVEL, NATHANSON,
STIEGLER
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3420.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mia Cariaga CS-FIN 3/24/2009 Pri 3 VIII. B Neutral
Comments:
The City already uses proposal criteria outlined in HB 3420 as necessary.
HB 3438
Relating Clause: Relating to motorcycles
Title: Permits person to operate motorcycle without motorcycle helmet if person has increased
motor vehicle liability coverage for personal injury.
Sponsored by: Representative WINGARD
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3438.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 3/19/2009 Pri 3 No No Oppose
Comments:
From a safety standpoint, an insurance policy is not an adequate replacement for a
helmet.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 3/24/2009 Pri 3 Yes YesV. C7 Oppose
Comments:
We concur with Fire. The primary reason for requiring motorcyclists to wear helmets is
to reduce the injury to motorcycle operators and passengers if they are involved in a
traffic crash. Substituting vehicle liability insurance for a helmet will not achieve that goal.
In addition, enforcement would be difficult, because the only way to enforce this law
would be to stop any motorcyclist who was not wearing a helmet to determine if s/he had
the requisite insurance---something that police really don't have the time to do, and
something which we are sure the motorcyclists would not like. (It appears that the bill is
trying to mitigate one of the arguments by helmet proponents---i.e., that the more severe
injuries likely to be sustained by those not wearing a helmet will create increased costs
for medical care and insurance. However, it is not clear that the proposal as written
would even accomplish that goal.)
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HB 3457
Relating Clause: Relating to constitutional competency examinations
Title: Requires elected officials and public employees who must swear or affirm to support
Constitution as condition of office or employment to take examination on constitutional
principles. Makes results of examination accessible to public.
Sponsored by: COMMITTEE ON RULES (at the request of Richard Koenig)
URL: http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3457.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Beth Forrest CS-CMO 3/13/2009 Pri 3 Oppose
Comments:
How will law be enforced? Will examination take place before or after election? Places
conditions on ability to serve.
HB 3461
Relating Clause: Relating to demand-side management actions
Title: Expands list of options available for compliance with renewable portfolio standards.
Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3461.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/24/2009 Pri 2 Yes YesIV. A Support
Comments:
I concur with Ethan Nelson's comments. I do want to add that energy crops are
sometimes a controversial use of land, and have been linked to higher food prices. This
issue can be managed, however, and should not undermine support for the bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/18/2009 Pri 1 Yes YesIV. A Support
Comments:
HB 3461 authorizes energy efficiency measures as a complying with a renewable energy
portfolio standard. This is generally termed as the “nega-watt” concept, pioneered by
Amory Lovins. The concept is that relatively low level expenditures toward efficiency
measures yield a far larger cost benefit and the same carbon reduction goals as capital
intensive renewable energy generation technologies.
HB 3461 emphasizes demand side management technologies and practices to the
advantage of the owner, not the utility. Under Section 2, the customer becomes the
owner of the measure and any renewable energy credits that are issued for the project.
The bill covers residential, commercial and industrial demand side management projects.
Any financial incentive that is received for these projects will be considered income and
would need to meet IRS guidelines for this.
The City of Eugene could capitalize financially through this bill with demand side
management measures and energy efficient upgrades through the ownership and selling
of renewable energy credits or as offsets for other greenhouse gas intensive operations.
The City of Eugene should support this bill.
HJR 0013
Relating Clause: Proposing amendment to Oregon Constitution relating to local taxing districts
Title: Proposes amendment to Oregon Constitution to exempt local taxing districts from certain
limitations on bonded indebtedness if bonded indebtedness is incurred to finance capital
costs. Refers proposed amendment to people for their approval or rejection at
Sponsored by: Representative HUNT, Senator DEVLIN; Representatives BAILEY, BARTON, BOONE,
CANNON, DEMBROW, C EDWARDS, D EDWARDS, GALIZIO, HOLVEY, JENSON,
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KAHL, KOMP, READ, RILEY, ROBLAN, STIEGLER, THATCHER, VANORMAN,
WEIDNER, Senator PROZANSKI
URL:http://www.leg.state.or.us/09reg/measpdf/hjr1.dir/hjr0013.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Sue Cutsogeorge CS-FIN 3/20/2009 Pri 3 No No Support
Comments:
This bill would change the definition of what can be funded with General Obligation
bonds to allow capital costs of assets having a life of more than one year, and it would
allow bonds to pay for the costs of equipping or repairing facilities (which is now generally
not allowed).
SB 0427
Relating Clause: Relating to drug-free workplace policies.
Title:
Allows employer to adopt comprehensive drug-free workplace program, including drug
and alcohol testing policies. Establishes requirements for program and policies, including
requirements for collection of samples and testing procedures.
Exempts employer from civil actions under certain conditions when employer has
adopted comprehensive drug-free workplace program. Modifies definition of
'compensable injury' in workers' compensation law. Modifies application of disability law
in relation to illegal use of drugs.
Requires applicant for medical marijuana registry identification card to notify employer
before using marijuana. Provides that Oregon Medical Marijuana Act does not require
employer to make workplace accommodation regardless of where marijuana use occurs.
Sponsored by: Senator GIROD
URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0427.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 2/6/2009 Pri 3 Monitor
Comments:
Monitor for anything that would restrict employer's right to adopt workplace programs. HR
would refer to Risk for recommendation since it pertains to safety and drug testing
policies.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Jamie Iboa CS-HRRS 3/17/2009 Pri 3 No No Monitor
Comments:
It is my understanding the LOC does not expect this bill to go far. Monitor for any flurry
of activity or "gut and stuff".
SB 0517
Relating Clause: Relating to pharmacies; declaring an emergency.
Title:
Requires pharmacies to confirm that patient has valid prescription before causing
prescription drug ordered through online pharmacy to be dispensed. Punishes violation
by maximum of five years' imprisonment, $125,000 fine, or both.
Requires pharmacies to provide certain information to State Board of Pharmacy when
causing prescription drug ordered through online pharmacy to be dispensed. Punishes
violation by maximum of one year's imprisonment, $6,250 fine, or both.
Requires pharmacies that deliver prescription drugs ordered through online pharmacies
to comply with laws of states to which drugs are delivered.
Requires online pharmacies to post certain information on websites.
Declares emergency, effective on passage.
Sponsored by: Senator MORRISETTE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0517.intro.pdf
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ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E Cushman K. McCormick EPD-ADM 3/17/2009 Pri 3 No No Support
Comments:
We support this bill, sponsored by Sen. Morrisette, which would regulate on-line
pharmacies. Although we are not aware that on-line pharmacies been a significant
problem here to date, nationally abuse of prescription drugs, particularly by young
people, is becoming an increasing problem. One source of these prescription drugs is to
order them over the Internet. This bill would put procedures in place to ensure that on-
line pharmacies are properly regulated and are only dispensing prescriptions to those
entitled to receive them based on legitimate prescriptions.
SB 0535
Relating Clause: Relating to regulation of for-hire carriers.
Title:
Prohibits city or county from granting exclusive franchise to for-hire carrier of persons.
Prohibits city or county from limiting number of transportation providers or regulating
fares.
Allows certain government units to license taxicabs and other vehicles for hire. Prohibits
certain government units from regulating entry into business, fares or routes of taxicabs
and other vehicles for hire. Exempts for-hire carrier of persons providing transportation
services under contract with city or county from motor carrier regulations.
Sponsored by: COMMITTEE ON BUSINESS AND TRANSPORTATION
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0535.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Robert Tintle Robert Tintle PW-APT 3/13/2009 Pri 1 Oppose
Comments:
Oppose the bill. This bill will have negative impacts to the airport operations of the taxi
cab program. The changes would not allow us to control the number of cabs serving the
airport and the rates could vary cab by cab. This would provide the potential for major
complications at the terminal and with the customers. The airport needs to continue to be
able to inspect, monitor, and limit taxi cabs for compliance with mechanical, safety, and
security directives. By limiting cabs it allows for only authorized vehicles that are aware
of security standards.
SB 0546
Relating Clause: Relating to motorcycles.
Title:
Directs Department of Transportation to include on driver license examination at least two
questions pertaining to practices necessary for safe operation of vehicle around
motorcyclists.
Requires person of any age applying for first time for motorcycle endorsement to
complete motorcycle rider education course.
Increases motorcycle endorsement fees.
Allows person to enter into motorcycle improvement agreement if person is cited for
operating motorcycle without holding motorcycle endorsement. Allows dismissal of
charge upon successful completion of motorcycle rider education course.
Directs Department of Transportation to phase in motorcycle rider education course
program for persons 21 years of age and older.
Sponsored by: Senator WALKER
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0546.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 3/17/2009 Pri 3 Yes YesV. C7 Support
Comments:
40
We support this bill, introduced by Sen. Walker, which deals with motorcycle operation.
The bill would require that tests taken for driver's licenses include at least two questions
about safe operation of vehicles around motorcycles. It requires that a person who does
not currently have a motorcycle endorsement and who applies for one to complete a
motorcycle rider education course (a requirement phased in over a 5-year period). It also
creates a "diversion" program of sorts for individuals cited for not having a motorcycle
endorsement in the form of a motorcyclist improvement program. Since motorcycle
operators are more susceptible to being injured in a crash than are automobile drivers, it
is even more important they have properly demonstrated the skills and knowledge
necessary for safe operation. We feel that the provisions of this bill could increase the
visibility of motorcycle safety, and ensure that those operating motorcycles have the
knowledge and skills to do so. The only concern we have is whether passage of this bill
would place an unreasonable additional burden on DMV, although the bill does slightly
raise the fees related to motorcycle endorsements.
SB 0563
Relating Clause: Relating to interest due on the late payment of property taxes.
Title: Redirects deposit of interest on late payment of property taxes from County Assessment
and Taxation Fund to County Assessment Function Funding Assistance Account.
Sunsets redirected deposits of interest for tax years beginning
on or after July 1, 2013.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0563.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 2 Yes YesII Oppose
Comments:
SB 563 would reduce revenue received by the City of Eugene by diverting 100% of
interest on delinquint property taxes to the county assessment function. Currently, 75% of
interest on delinquient taxes goes to the City and 25% to the county assessment function.
While adequate of the county tax assesssment function is important to the City of
Eugene, City revenues should not be reduced to achieve this funding level.
SB 0587
Relating Clause: Relating to active duty military registration plates.
Title: Directs Department of Transportation to establish program to issue active duty military
registration plates to qualified owner of motor vehicle.
Sponsored by: Senator FERRIOLI; Senators BOQUIST, GEORGE, GIROD, KRUSE, STARR, TELFER,
WHITSETT (at the request of Michael Shawn-Chun)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0587.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 No No Neutral
Comments:
Special license plate bill; no financial impact on Eugene
SB 0594
Relating Clause: Relating to exemption from property taxation; prescribing an effective date.
Title: Permits property tax exemption claim for cemetery and crematory property regardless of
claimant's organizational structure or state of organization.
Permits claim for exemption for tax years beginning on or after July 1, 2008.
Takes effect on 91st day following Sine Die,
Sponsored by: Senator MONROE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0594.intro.pdf
41
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 3 Yes YesII. A2 Oppose
Comments:
SB 594 would expand an existing property tax exemption to include all cemetary and
crematory property, regardless of the ownership or business structure of the owner.
Current law exempts property of cemetary associations, but not private property. Current
law also exempts property exclusively occupied and used as a family burial ground. All
cemetary property within Eugene is already exempt, so this bill would not have any
immediate financial impact on the City.
SB 0608
Relating Clause: Relating to public borrowing for acquisition of railways by Oregon International Port of
Coos Bay; appropriating money; declaring an emergency.
Title:
Authorizes issuance of lottery bonds to finance acquisition of railways by Oregon
International Port of Coos Bay.
Creates Oregon International Port of Coos Bay Railway Acquisition Fund. Continuously
appropriates moneys in fund to Oregon Department of Administrative Services.
Directs department to use moneys in fund to further economic development by paying
costs incurred by port to acquire railways.
Declares emergency, effective July 1, 2009.
Sponsored by: Senator VERGER; Representative ROBLAN
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0608.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 Yes YesIII. A Monitor
Comments:
Identical to HB 2806
While there is a need for continued rail service to and from Coos Bay and while this
continued rail service will likely increase freight and freight-related economies in Eugene,
it "earmarks" lottery funds rather than having projects compete on their merits.
This reviewer's recommendation is to monitor the bill, keep track of other
lottery/ConnectOregon 'earmark' bills, and pursue a comprehensive strategy for the
allocation of lottery funds in the next biennium.
SB 0612
Relating Clause: Relating to state revenue sharing.
Title: Allows state revenue sharing for cities that are located in counties with population greater
than 100,000 and that directly provide or contract with another service provider to provide
at least four significant municipal services.
Sponsored by: Senator GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0612.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Doug Lauderbach CS-FIN 3/17/2009 Pri 3 Yes YesII. B1 Support
Comments:
The City’s legislative policies are in favor of increasing the amount of state shared
revenues sent to local governments, which this bill would provide to those Cities that
meet the requirements outlined in the bill.
While, this bill could potentially dilute the City’s share of state shared revenues as
additional Cities that are currently not the recipients of state shared revenue become
eligible under this bill, but the impact should be marginal.
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SB 0634
Relating Clause: Relating to priority of land for inclusion within urban growth boundary.
Title: Modifies priority of land for inclusion within urban growth boundary.
Sponsored by: Senators TELFER, WALKER; Senators FERRIOLI, KRUSE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0634.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/18/2009 Pri 3 Yes YesIV. D5 Neutral
Comments:
State law currently requires that the first priority lands to be included in any UGB
expansion are those that have been formally identified as urban reserve areas. This bill
would add another priority: land that is zoned exclusive farm use and owned by the State
after being acquired from the federal government. While staff is not clear why such lands
should necessarily be given priority, this amendment would appear to have very limited
application. As such, staff recommends a neutral position.
SB 0635
Relating Clause: Relating to financing for transportation projects; appropriating money; declaring an
emergency.
Title:
Authorizes issuance of lottery bonds for transportation projects for nonmotorized vehicles
and pedestrians. Establishes Nonmotorized Vehicle Transportation Fund and
continuously appropriates moneys in fund to Department of Transportation to finance
grants and loans to public bodies and private entities. Specifies uses of moneys.
Declares emergency, effective July 1, 2009.
Sponsored by: Senators MONROE, ATKINSON; Senators BURDICK, MORSE, PROZANSKI, TELFER
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0635.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lee Shoemaker PWE 3/4/2009 Pri 3 Yes YesIII. A Support
Comments:
There are limited opportunities to fund transportation capital projects for nonmotorized
vehicles and pedestrians. Most of our capacity enhancing bicycle projects come from
state and federal grants. Eugene has been very successful but we are only able to build
new bike projects every 2-3 years due to the limits on funding programs. The
Nonmotorized Vehicle Transportation Fund would not come from general funds. The
State may issue lottery bonds to finance grants and loans.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 Yes YesIII. A Support
Comments:
Identical to HB 2902
Another noble transportation idea for lottery funding. As with all other bills that seek to
earmark this source of revenue, this reviewer recommends a monitor position to see the
full range of bills seeking this form of revenue and then determine whether to support a
competitive, merit-based process (e.g., ConnectOregon) or throw support to one or more
specific earmarks.
SB 0675
Relating Clause: Relating to solar access.
Title: Requires governing bodies of counties and cities to adopt and implement solar access
protection ordinances. Establishes standards for solar access protection ordinances.
Sponsored by: Senator PROZANSKI (at the request of Robert Ball)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0675.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
43
Ethan Nelson PDD-BPS 3/9/2009 Pri 3 Yes YesIV. A Oppose
Comments:
Senate Bill 675 requires City Councils and County governing bodies to adopt and
implement solar access ordinances. SB 675 proposes to modify existing solar access
language in ORS 227.190 City Planning and Zoning. ORS 227.195 would still be in
effect requiring that solar access ordinances shall not be in conflict with acknowledged
comprehensive plans and land use regulations.
The intent of SB 675 is to increase protections that can support solar energy market
transformation and the investment made in these technologies. The challenge is to do so
without infringing upon other development standards and implementing in a reasonable
cost-effective manner. Eugene currently has a solar setback and lot orientation
ordinance adopted into code: EC 9.2780, 9.2790, and 9.2795. While there may be
revisions that can be made to improve the Eugene code; SB 675 is not the vehicle for
this, as it will remove the ability for home rule and impose statewide requirements.
The City of Eugene should not support SB 675.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/16/2009 Pri 3 Yes YesIV. A Oppose
Comments:
This bill would mandate that all local jurisdictions establish solar protection ordinances.
The city of supports the use and accommodation of solar energy alternatives, and in fact
has established standards providing for solar access setbacks and lot orientation
requirements to enable and protect solar access.
However, this bill serves as an unfunded mandate to all jurisdictions which leaves many
unanswered questions as to the scope of such ordinances as well as as potentially
significant cost implications to local jurisdictions. Protecting solar access for one property
while enabling and promoting compact urban development on adjoing parcels can be a
very complex and challenging effort. Local jurisdictions need to have the ability to
determine the best way to approach this issue based on local conditions and policies.
SB 675 is not the vehicle for this discussion, as it will remove the ability for home rule and
impose statewide requirements.
The City of Eugene should therefore oppose SB 675.
SB 0691
Relating Clause: Relating to compensation for the loss of value of private forestland resulting from
regulation of forest practices.
Title: Modifies provisions for claiming compensation for land use regulation that restricts forest
practices on private real property.
Allows claim by owner based on land use regulation restricting forest practices and
enacted before owner acquired property.
Sponsored by: Senator JOHNSON (at the request of Oregon Forest Industries Council)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0691.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/17/2009 Pri 2 Yes YesIV. D1 Oppose
Comments:
This bill amends the compensation provisions established under M37/49 by adding
compensation measures regarding limitations on forest practices. Although this bill is
primarily aimed at forestlands outside of the city, state statutes define "forestlands"
broadly enough that some properties within Eugene's UGB could qualify. Bill requires
local governments to compensate owner if regulations on forest practices reduces the fair
market value of the property. Based on previous council policy, staff recommends
opposition of this bill.
SB 0707
44
Relating Clause: Relating to employment.
Title:
Provides that employer who discloses information about current or former employee's job
performance to prospective employer of employee is presumed to be acting in good faith
and immune from civil liability unless presumption is rebutted by clear and convincing
evidence.
Sponsored by: Senator STARR (at the request of Dennis Griffiths)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0707.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/17/2009 Pri 3 No No Oppose
Comments:
The expansion of the bill to cover reference checks for current as well as former
employees is ok but I would not support adding the language in this bill saying that the
presumption that the employer is acting in good faith can be "rebutted by clear and
convincing evidence". The current statutory language outlining the what is considered to
be a rebuttal of the employers' presumption of acting in good faith is much more specific
and clearer.
SB 0708
Relating Clause: Relating to employment by law enforcement agency.
Title:
Provides that if person applies for employment with law enforcement agency all former
and current employers of person, and all employers to which employee has made
application for employment, upon request must provide to law enforcement agency all
information available to employers relating to person. Limits use of information received
by law enforcement agency under Act.
Allows employee to inspect information received by law enforcement agency under Act.
Sponsored by: Senator STARR (at the request of Dennis Griffiths)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0708.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/20/2009 Pri 3 No No Oppose
Comments:
Although we support the ability of law enforcement agencies to obtain as much
information as possible to inform their decision as to whether or not to hire a person as a
police officer, we cannot support this bill as written because it contains too many
provisions that would create more problems than it would solve.
SB 0727
Relating Clause: Relating to abusive work environments.
Title: Establishes unlawful employment practice of subjecting employee to abusive work
environment. Limits recovery of damages to private right of action.
Sponsored by: Senator BURDICK (at the request of Pam Beaty)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0727.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 3/23/2009 Pri 3 Oppose
Comments:
We do support the concept of the bill regarding unlawful employment practice regulations
regarding abusive work environment - however this bill would be very burdensome in
creating and implementing necessary City policies as written.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/24/2009 Pri 3 Oppose
Comments:
45
Current law provides adequate avenues and remedies to protect employees from this
situation either through BOLI or through the tort claims system. Section 5 could conflict
with the Oregon Tort Claims act, which obligates employers to defend and indemnify
employees if acting within the course and scope of their employement.
We see lots of potential problems with the way this bill is drafted.
SB 0734
Relating Clause: Relating to health insurance.
Title: Requires certain health insurers to cover tobacco use cessation programs.
Sponsored by: Senator MORRISETTE; Senators BATES, TELFER
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0734.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Myrnie Daut Myrnie Daut CS-HRRS 3/24/2009 No No Monitor
Comments:
The City's health plans currently do not cover tobacco cessation. This would be a new
mandate. The benefit is only $500 but the bill doesn't specify how often a plan member
would be eligible for the benefit.
SB 0742
Relating Clause: Relating to product stewardship; appropriating money; declaring an emergency.
Title:
Makes legislative findings regarding lighting that contains mercury. Requires
Department of Environmental Quality to collaborate with certain parties to implement
statewide product stewardship system for lighting that contains mercury. Requires
producers of lighting that contains mercury to establish product stewardship programs
and to submit product stewardship plans to department. Requires department to establish
annual performance goals for lighting that contains mercury.
Authorizes Environmental Quality Commission to adopt rules to implement provisions
related to lighting that contains mercury.
Allows Department of Environmental Quality to establish schedule of fees to be paid by
producers. Establishes Product Stewardship Fund. Continuously appropriates moneys in
fund to department to pay costs of implementing provisions related to lighting that
contains mercury.
Imposes civil penalty for disposal of, or knowingly accepting for disposal, lighting that
contains mercury. Imposes civil penalties for other violations of provisions related to
lighting that contains mercury.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0742.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/12/2009 Pri 2 Yes YesVII. A4 Support
Comments:
For the same reasons articulated by Ethan Nelson, I think the City should support SB
742.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 Support
Comments:
If there are no mercury lighting manufacturers in Eugene and if Eugene does not
purchase or own mercury lighting fixtures (pending a response by traffic operations),
perhaps the appropriate recommendation is 3 support, if there is no local impact.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/11/2009 Pri 2 Yes YesVII. A4 Support
46
Comments:
SB 742 is part of the Product Stewardship suite of bills that have been proposed this
session. Companion Bill to HB 3060. Product Stewardship generally means that product
producers must manage their product from cradle to grave. These types of programs are
generally successful, for they advance public interest in waste management policies and
allow private industry to develop and implement the programs themselves. Two high
profile examples of product stewardship laws/programs are the new E-Cycles program
for electronic recycling and the Oregon Bottle Bill. This type of legislation supports
recycling system efficiency and quality environmental management for recycling
activities.
This is the “Framework” product stewardship bill (i.e., sets up a system that can handle
multiple products) that has been discussed under my comments to SB 320. SB 742
creates a comprehensive framework bill that multiple products can be included over time
as legislature reviews and adopts recommendations. The benefits of the framework bill
are two-fold: first, the language has been well thought out and vetted; and second, the
addition of new products over the years reduces the clutter in ORS from individual
product bills that vary slightly with implementation.
The City of Eugene should support SB 742.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Gallup Steve Gallup PWE 3/19/2009 Pri 2 Support
Comments:
Traffic Operations does not use lighting that contains mercury. Defer to other staff for
recommendations.
SB 0743
Relating Clause: Relating to electricity from low-impact hydroelectric facilities that may be used to comply
with renewable portfolio standards.
Title: Modifies provision related to qualifying electricity for purposes of compliance with
renewable portfolio standard.
Sponsored by: COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0743.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/12/2009 Pri 3 Yes YesVII. A1 Oppose
Comments:
SB 743 revises what types of power generation technologies are allowable for
compliance with the renewable portfolio standard. I have a call into EWEB staff for
comment on this item, I will defer to EWEB’s recommendation on this issue.
In the absence of comments from EWEB, the City should oppose SB 743. The bill
requires that certified low impact hydroelectric facilities be both owned by an electric
utility and be located in Oregon. If EWEB purchases power from a qualified facility
(under PURPA), that is not an electric utility or located outside of Oregon, the power
purchase would not qualify to meeting the RPS. This could negatively impact EWEB
ratepayers by having to pay a premium for electricity that is generated under the
proposed guidelines.
SB 0761
Relating Clause: Relating to annexation of contiguous territory.
Title:
Requires local government annexation election to include electors on property not
proposed for annexation, but abutting public right of way proposed for annexation.
Requires consent of electors residing on property not proposed for annexation, but
47
abutting public right of way proposed for annexation, and property owners of fee title
under right of way to avoid annexation election.
Sponsored by: Senator WALKER, Representative C EDWARDS
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0761.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peggy Keppler Peggy Keppler PWE 3/18/2009 Pri 2 Oppose
Comments:
This bill could create a significant conflict with the current annexation policies of Eugene.
For properties that are not contiguous to other annexed property, street annexations may
be the only means to accommodate the annexation request. This bill would enable
unaffected owners or tenants to determine whether another property owner can even
request annexation approval.
Eugene city code requires public notice of proposed annexations to properties within 500
ft of the annexation area, including streets, so city and non-city residents currently have
the ability to voice concern.
There may be a fear of creating island annexation which would eliminate volutary or
elector choice of future annexation. Oregon law no longer allows island annexation
without a vote of the electors within proposed annexation area.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/18/2009 Pri 2 Yes YesIV. D4 Oppose
Comments:
SB 761 would require consent from electors (owners and tenants) of properties not
included in an annexation request, but who abut right of way under consideration for
annexation. State law currently requires consent only from those that are directly a part
of the annexation proposal. This bill would change that fundamental principle by
requiring consent from electors who are not a part of the annexation request. The
authors of the bill may assume that street annexations will have a direct impact on
adjoining properties (who are not currently annexed), including future street
assessments. This is not the case. The act of annexing the streets will have no impact
on those properties which are not within the city limits. The City can assess properties
that are annexed, but can only assess properties outside of the city limits if approved by
the County Board.
More importantly, this bill could create a significant conflict with the current annexation
policies of Eugene. Since Eugene does not have a practice of initiating annexation
without consent of those affected properties (although allowed by state law), we rely on
voluntary, owner initiated requests. For properties that are not contiguous to other
annexed property, street annexations may be the only means to accommodate the
annexation request. This bill would enable unaffected owners or tenants to determine
whether another property owner can even request annexation approval. Finally, its
important to note that city code requires public notice of proposed annexations to
properties within 500 ft of the annexation area, including streets, so city and non-city
residents currently have the ability to voice concern. Staff therefore, recommends the
city oppose this bill.
SB 0763
Relating Clause: Relating to transferable development credits
Title: Authorizes Department of Land Conservation and Development to implement system for
buying and selling transferable development credits to encourage landowners to
voluntarily protect resource lands.
Sponsored by: Senator SCHRADER, Representative NOLAN; Senators BATES, DEVLIN,
DINGFELDER, HASS, MORRISETTE, Representatives CLEM, GARRETT,
GREENLICK, ROBLAN
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0763.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
48
Eric Wold Eric Wold PW-POS 3/9/2009 Pri 3 Yes YesIV. D5 Support
Comments:
SB 763 is the Senate version of HB 2081, which we reviewed earlier in the session. I'm
giving this the same analysis that I did the House version.
The purpose of HB 2081 and SB 763 is to establish the framework, guidelines, and
incentives for establishment of transferable development credit systems operable at the
state, regional, or local level. If adopted, jurisdictions could develop specific systems for
buying and selling transferable development credits to encourage landowners to
voluntarily protect resource lands.
In general, the system would transfer development rights on lands outside UGBs to lands
inside UGBs. In other words, the system would provide incentives for owners of resource
lands outside UGBs to voluntarily limit development on the resource land. The foregone
development could then be allowed on lands inside UGBs.
This system provides some flexibility in how land use regulations and zoning are
implemented.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/13/2009 Pri 3 Yes YesIV. D5 Support
Comments:
This bill is an evolution of HB 2228 which would establish a new tool for local
governments, involving transfer of development credits. The purpose of the bill would
enhance protection of natural resource areas outside of UGB's by allowing those
development rights on high value resource lands to be transferred to other marginal lands
outside of UGB's or inside UGB's. Local governments would have the option to use this
tool, so there is no obligation on local governments to implement this. It's likely that
opportunities involving the City of Eugene would be very limited, but staff support the
concept in that it provides an additional tool that may assist the city in the future.
SB 0777
Relating Clause: Relating to licensing for land use planners.
Title: Requires state, county and city planners to be licensed by state. Creates Land Use
Planners Oversight Board.
Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0777.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/13/2009 Pri 2 Oppose
Comments:
Staff opposes this bill for the following reasons:
1) There is no defined problem or concern identified that warrants the need for state
certification. Simply requiring certification because other disciplines such as engineers
and building inspectors require similar certification, provides little justification.
2) Other disciplines that do require certification typically do so because those services
involve highly technical, life-safety issues. That is not the case with Planning.
3) This bill would add a substantial layer of state bureaucracy at a time where resources
are at a premium
4) The American Planning Association already has a certification process (although
optional), which is the appropriate intetity to oversee certification.
5) The City of Eugene currently requires similar levels of qualifications as prerequisites of
employment with the city, ensuring a high level of competence.
SB 0781
Relating Clause: Relating to inclusion of land within urban growth boundary of cities with population
greater than 100,000; declaring an emergency.
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Title: Requires that city with population greater than 100,000 include within its urban growth
boundary certain tracts of land that are within corporate limits of city.
Declares emergency, effective on passage.
Sponsored by: COMMITTEE ON RULES
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0781.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/16/2009 Pri 1 Yes YesIV. D5 Oppose
Comments:
Requires cities with a population of 100,000 or more to include a tract of land of 70-200
acres in size into its UGB if that land is contiguous to the UGB and is capable of being
served. This action must take place within 6 months of adoption of this bill. This action is
not subject to state statutes governing UGB amendments or other related land use
procedures.
This bill would completely circumvent all established rules and procedures established in
state statute including related public processes. Cities would essentially have no choice
but to include such lands regardless of their local land inventories and related policies.
This bill also leaves many significant questions about how such determinations would be
made, how this land would be redesignated, etc.
SB 0786
Relating Clause: Relating to unlawful religious discrimination in employment practices.
Title:
Requires employer to provide reasonable accommodation to religious observance or
practices of employee unless providing accommodation would impose undue hardship on
employer. Requires employer to permit employee to use certain leave as accommodation
to religious observance or practices of employee. Prohibits occupational requirement that
restricts ability of employee to wear religious clothing, to take time off for holy day or to
participate in religious observance or practice if activities have only temporary or
tangential impact on employee's ability to perform job functions.
Specifies that school district, education service district or public charter school does not
commit unlawful employment practice by reason of prohibiting teacher from wearing
religious dress while engaged in performance of duties as teacher.
Sponsored by: Senator NELSON, Representative HUNT; Senators DEVLIN, KRUSE, MONNES
ANDERSON, STARR, Representatives BERGER, BOONE, BRUUN, CANNON, C
EDWARDS, D EDWARDS, GELSER, GILMAN, READ, ROBLAN, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/sb0700.dir/sb0786.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 3/23/2009 Pri 3 Oppose
Comments:
The City has current policy around religious discrimination. At this time we would be
unable to support this bill as written. Due to safety of employee or others, occupational
requirements may be imposed regarding religious clothing and this bill would prevent this
requirement.
SB 0806
Relating Clause: Relating to contracts entered into by public sector entities.
Title: Specifies requirements and conditions for public sector entity to enter into contract with
private sector entity.
Sponsored by: Senator ROSENBAUM
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0806.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mia Cariaga CS-FIN 3/11/2009 Pri 2 VIII. B Oppose
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Comments:
SB 806 creates entirely new statutory language that establishes specific criteria that
work and projects must meet in order to be considered for external contracts rather than
using employees and existing resources if available. Also requires that agency proves
cost and performance benefits to contracting work out and requires that contractor hire
an agency employee if that employee is displaced by establishment of contract.
This language would add requirements to contracting processes. Bargaining unit
contracts already have articles in place to cover the intent of this bill which is to ensure
that entities consider assigning work in house prior to bidding work out.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike Penwell Mike Penwell CS-FAC 3/16/2009 Pri 2 Yes YesVIII. B Oppose
Comments:
I agree with comments made by Paul Klope, Mia Cariaga, and Jenifer Willer. This bill
would add cost and bureaucratic process to City contracting with no real benefit.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jenifer Willer Jenifer Willer PWE 3/12/2009 Pri 2 Yes YesVIII. B Oppose
Comments:
I agree with the comments made by Paul and Mia in opposition to this Bill. It seems that
it would add significant administrative process without gain. Also, it is very prescriptive
and should probably be opposed on home-rule grounds.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/12/2009 Pri 2 Yes YesVIII. B Oppose
Comments:
This bill sets tight limits on the circumstances whereby public agencies are allowed to
hire contractors to perform work, and may reduce the ability of public agencies to hire
contractors. Typically for Eugene this includes consulting contracts for engineers,
architects and surveyors, public improvement contracts and personal service contracts.
The City contracts for this work because either it doesn't have the expertise, or adequate
personnel or equipment, or in the case public infrastructure, because law discourages
public agencies from constructing projects over a certain dollar amount. This law would
make it difficult and require a considerable amount of staff time to generate paperwork to
allow the City to contract for any work, no matter how obviously justified it is.
The City does not contract out work that causes displacement of it's employees. This
proposed law may have an honorable intention to protect workers of public agencies, but
it is too broad, too general and will have very negative consequences for all public
agencies. I recommend the City oppose this bill.
Below are a list of key elements of the bill and a brief comment on each.
1. Bill Element: Requires public agency to demonstrate that contracting with a private
contractor for work that would customarily be done by employees will be cheaper than
having that work done by the employees. Prohibits the cost analysis from adding indirect
overhead costs to the local agency costs, with a few exceptions. Requires public agency
to add inspection, supervision and monitoring costs by the public agency to the contractor
costs. Requires agency to prove that cost savings from contracting will not go away over
the life of the contract, and that the amount of savings justifies the size and duration of
the contract.
1.Comment: If it was necessary to contract this work, because of limited staff or the
urgency of the work, the time necessary to complete this analysis would interfer with
necessary service to the public. It doesn't take into account that staff retire or take jobs
elsewhere which leaves an organization unable to provide necessary services for a time
until those positions are filled. Also, even the rules for this analysis are skewed in that
they don't compare like with like. Contractors and condultants include an element of
indirect overhead in their bid prices--so should the public agencies costs. Also, if
monitoring and supervision costs are added to the contractor costs, they should be added
to the public agency costs, because monitoring and supervision would be the same
regardless of who does the work.
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2. Bill Element: Prohibits public agency from awarding to a contractor who's wage rates
are lower than the public agency. Requires contractor to hire public employees displaced
by the contract.
2. Comment: The prohibition from awarding to a contractor simply because it's wage
rates are lower than the public agency is a disservice to the public because it doesn't
allow the public agency to manage the public's resources for the benefit of the public.
Also, if the contractor has a satisfactory or good record of performance, not awarding a
contract to that contractor is also a disservice to the public, because it will cause a delay
to the project to either extend the solicitation process or start a new one to seek out
another contractor.
Requiring the contractor to hire displaced workers seems like an ok thing to do, but it
certainly doesn't guarantee long term employment to the worker, so it seems like a token
gesture at best.
3. Bill Element: Requires agency to add requirements to contract related to union
signups.
3. Comment: It is inappropriate for a public agency to take actions that either favor or
create disincentives for unions. Adding this type of language to contracts has the effect of
creating an atmosphere favoring unions and is inapropriate.
4. Bill Element: Requires contractor's workers to be prequalified.
4. Comment: May sounds like it makes sense, but appears to be just another obstacle
introduced by the bill to make contracting for public agencies more difficult, and interfers
with apprenticeship requirements that are required in federal projects. The bottom line is
that contractors don't continue to employ people who can't do the work, because it costs
the contractor money.
Another negative element of this requirement is that it would require extensive amounts
of public agency staff time to verify worker qualifications.
5. Bill Element: Requires contract provisions that minimize potential for contractor rate
increases.
5. Comment: This is an unnecessary element of the law. One of the primary purposes of
a contract is to lock in prices.
6. Bill Element: Prohibits public agencies from contracting with individuals--contract must
be with a "firm".
6. Comment: Not sure what the rationale behind this element is, but this is a very bad
part of the bill. There are many single individuals out there providing specialized services
to public agencies such as cost analysis, efficiency studies, environmental studies,
mediation and arbitration, etc. etc. Public agencies should not be limited to just hiring
"firms" to perform work it needs done.
7. Bill Element. Lays out a limited set of conditions whereby public agencies are allowed
to contract for work which are:
- new agency "functions" for which state of federal law requires the work be contracted;
- public policy, administrative or legal goals and purposes can't be accomplished by a
public employee, such as an expert witness for litigation;
- where the only other way to accomplish the work would be to hire a public employee
using emergency appointment procedures;
- a contractor can provide equipment, materials, facilities or support services to a specific
location that can't be provided by the agency;
- the work is of such a temporary or infrequent nature that hiring an employee would
"frustrate the purpose of the work".
7. Comment: These limitations unneccessarily and could dramatically reduce public
agency's ability to contract for work, and would be a significant reduction in local
decision-making authority with respect to contracting.
8. Bill Element. The bill also provides a method for employees displaced by a contract to
arbitrate the decision to contract with the public agency. The public agency always will
pay for the cost of the arbitration.
8. Comment: In order to protect against frivolous claims, the wording should be changed
to require the loser of the arbitration to pay all the costs.
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SB 0814
Relating Clause: Relating to unlawful possession of a firearm.
Title: Increases punishment for third and subsequent convictions of unlawful possession of
firearms. Punishes by maximum of five years' imprisonment, $125,000 fine, or both.
Sponsored by: COMMITTEE ON JUDICIARY
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0814.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 3/11/2009 Pri 3 No No Support
Comments:
We support this bill, which would increase the class of crime for Unlawful Possession of
a Firearm to a Class C Felony (from a Class A Misdemeanor) if the person had been
convicted of the same offense twice previously. We believe that firearms offenses have a
direct relationship to public safety, and that if the person has previously been convicted of
this offense, s/he merits a more severe penalty for subsequent convictions for this
offense. (This bill is similar to HB 2857 and 2872, except that those bills only require one
prior conviction to invoke the elevation to a Class C Felony.)
SB 0815
Relating Clause: Relating to enforcement of immigration laws.
Title: Permits law enforcement agencies to apprehend person for violation of federal
immigration law based upon probable cause.
Sponsored by: Senator WHITSETT; Senators BOQUIST, MORSE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0815.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman P. Kerns EPD-ADM 3/17/2009 Pri 3 Yes YesV. C8 Oppose
Comments:
We oppose this bill, which is directly in contradiction to Legislative Policy V.C.8. This bill
would authorize peace officers in Oregon to enforce federal immigration laws, something
which is currently prohibited by ORS 181.850. Although the bill does not mandate the
local police agencies enforce these laws, we believe that passage of the bill would create
an expectation by certain segments of the community that we do so. We simply do not
have the resources to do that, even if we wanted to, and believe that such enforcement
is, and should remain, the responsibility of federal authorities. In addition, we believe that
passage of a bill providing such authority, even if we did not actively undertake such
enforcement, would detract from our ability to assist members of our community who
might not be able to clearly establish that they are here legally. When they are crime
victims, they might hesitate to come forward and report their victimization, fearing that we
might enforce these federal immigration laws against them.
SB 0825
Relating Clause: Relating to transportation.
Title: Directs police officer to confiscate registration card and to mark registration plate with
special sticker if driver is arrested for or issued citation for driving while suspended or
revoked. Creates offense of removal of special stickers. Punishes by max
Sponsored by: Senator WINTERS, Representative CAMERON; Senators BOQUIST, FERRIOLI,
GEORGE, GIROD, KRUSE, MORSE, TELFER, WHITSETT, Representatives BENTZ,
BERGER, ESQUIVEL, FREEMAN, GARRARD, GILMAN, HANNA, JENSON,
KENNEMER, KRIEGER, OLSON, THOMPSON, WHISNANT
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0825.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
53
Char Mauch CS-MUNI 3/17/2009 Pri 2 Oppose
Comments:
Municipal Court opposes the bill due to the requirement to sentence mandatory jail time
due to the lack of jail space in Lane County. If the bill is revised to remove this
sentencing requirement, Municipal Court would drop and defer to EPD.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 3/17/2009 Pri 2 No No Oppose
Comments:
**Oppose as written; support if appropriately amended**
While we support the general concept behind this bill, we have concerns about two
provisions which would cause us to recommend opposing it unless amended to mitigate
these issues.
In general, the bill creates a process similar to one that was successfully used a number
of years ago---providing a method to increase the likelihood of detecting suspended
drivers by placing identifying stickers on the license plates of a vehicle which a person
was operating who was cited or arrested for driving with a suspended or revoked driver's
license. (The stickers under the old program were placed over the plate's renewal sticker
and had black and white stripes, with the result that they became informally known as
"zebra stickers.") Seeing a vehicle displaying such a sticker allows a police officer to stop
the vehicle to determine if the driver is suspended. After an officer has placed the
stickers on the vehicle, taken the registration, and turned it in to DMV, there follows an
administrative process by which DMV determines whether the person cited is a
registered owner of the vehicle. If so, the vehicle's registration is cancelled until the
person's driving privileges are reinstated or until another person registers the vehicle; if
the driver was not an owner of the vehicle, the vehicle owner can pay a fee and have a
new registration and renewal stickers issued. (If the officer erred, and the driver was not
suspended, the new registration and stickers are issued without charge to the vehicle's
owner.)
First, we concur with Muni Court that the mandatory jail sentences contained in Sections
13 and 14 should be removed, both from a standpoint of practicality, and because they
limit judicial discretion.
Second, we disagree with the fact that the bill mandates that, if a police officer arrests or
cites a person for operating a vehicle with a suspended or revoked driver's license, the
officer must initiate the procedure outlined in the bill. There are obviously times that
officers must limit the time they spend on traffic stops so that they can get back into
service and respond to calls. Making the process described in the bill mandatory means
that, if the officer does not have the time to go through the entire process, s/he cannot
cite or arrest the person for driving with a suspended/revoked DL. This obviously runs
counter to what the bill is intended to accomplish.
If the bill were amended to address these concerns, we would support the bill.
SB 0833
Relating Clause: Relating to tort liability for land use errors by public body.
Title:
Eliminates requirement for special relationship to establish liability of local government for
economic injuries incurred by person acting in good faith reliance on negligent
misrepresentation by local government of effect of comprehensive plan and land use
regulations.
Sponsored by: Senators ATKINSON, GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0833.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/18/2009
Comments:
54
I'll defer to City Attorney and Risk staff regarding liability issues, but from a Planning staff
perspective, any bill that could expose the city to greater risk of damages should be
opposed.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Cathy Joseph CS-HRRS 3/23/2009 Pri 2 No No Support
Comments:
The passage of this legislation would create additional liability exposure to the City in the
area of land use consultative services.
Cathy Joseph
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/23/2009 Pri 2 No No Oppose
Comments:
This bill would make the City liable under the Oregn Tort Claims Act for economic
injuries sustained by a land use applicant who relies on the "negligent
misrepresentations" of city staff about the effect of the Metro Plan and the city's land use
code on his or her application. It is not clear what constitutes a "negligent
misrepresentation" on the part of the City, but in order to reduce the City's potential for
liability, staff would need to stop advising land use applicants.
SB 0852
Relating Clause: Relating to the national instant criminal background check system.
Title: Removes Department of State Police as designated state point of contact for purposes of
National Instant Criminal Background Check System. Requires gun dealer to obtain
authorization to transfer firearm directly from system.
Sponsored by: Senator GEORGE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0852.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/24/2009 Pri 3 Yes YesV. C5 Oppose
Comments:
We oppose this bill, which we believe would weaken current laws relating to the sale of
firearms. It would eliminate OSP as the point of contact for gun dealers in determining
whether a potential purchaser was eligible to purchase a firearm, allowing the dealer to
electronically make their request directly to the system established under U.S. Code. It
also would allow the dealer to proceed with the transaction if s/he does not receive a
response within 3 business days that the purchaser cannot legally buy the weapon. This
creates a situation where, if there is any kind of a glitch in the system that delays the
response, the seller has default authorization to proceed with the sale. In addition, it
deletes the requirement that the seller obtain a thumbprint from the purchaser, making it
much easier for a purchaser to use a false name and identification to make the purchase,
and making it much more difficult to positively identify the purchaser if his/her identity is
ever an issue.
SB 0883
Relating Clause: Relating to debt collection.
Title:
Allows Department of Revenue and financial institutions to enter into agreements to
operate data match system under which financial institutions will provide information to
department about persons who maintain account at institution and owe debt to state
agency or county. Allows collection of fee.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0883.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/22/2009 Pri 2 No No Support
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Comments:
As introduced SB 883 would probably increase the success rate for collection of
delenquent property taxes. In addition it would be desirable to amend the bill to extend
the bill to apply to cities as well as counties and state agencies. This would probably
improve collection of delinquent accounts that own the city.
SB 0894
Relating Clause: Relating to transportation workforce development
Title: Directs Department of Transportation to use one-half of one percent of federal funds
department receives for on-the-job training.
Sponsored by: COMMITTEE ON COMMERCE AND WORKFORCE DEVELOPMENT
URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0894.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 3 No No Neutral
Comments:
For context, in the current biennium, ODOT was budged to receive $863 million in federal
funds. This was prior to the economic stimulus appropriations, so the actual figure will
probably be closer to $1 billion, or $500 million a year. A half percent of $500 million
equals $2.5 million.
With that context, the direct benefits or costs to the City of Eugene are pretty minor.
There's the possibility that a worker trained on the job by the state could come to work for
Eugene or go to work for a company that gets a Eugene contract. At the same time, the
$2.5 million that would go for more on-the-job training would not be available for projects
and grants, including projects and grants for which Eugene might apply. Probably a
wash, so recommend 3 neutral.
SB 0910
Relating Clause: Relating to establishing specified facilities
Title: Requires public agencies and political subdivisions to provide notice to certain persons
before establishing certain facilities.
Sponsored by: Senator STARR
URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0910.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 3/17/2009 Pri 3 Yes YesIV. D2 Neutral
Comments:
Bill requires that notification be provided by an agency that is proposing youth care
facilities, halfway houses or residential treatment centers before such facilities are
established. The city already requires such notification as well as a public process to
consider such uses. This notification would be provided by the applicant in addition to
other notice provided by the city.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mike McKerrow Mike McKerrow PDD-BPS 3/18/2009 Pri 3 Yes YesIV. D2 Neutral
Comments:
Agree with Steve Nystrom's updated comments.
SB 0912
Relating Clause: Relating to local government income taxes.
Title: Requires local government taxes imposed on or measured by income to be imposed on
or measured by taxable income as determined for state personal income tax purposes or
Oregon taxable income as determined for state corporate excise or income tax purposes.
Sponsored by: Senator STARR (at the request of Robert Butler)
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URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0912.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/11/2009 Pri 3 Yes YesII Monitor
Comments:
SB 912 would have no immediate financial impact on the City of Eugene. If the City were
to implement a local income tax, SB 912 would require that the state definition of taxable
income would be used. Since a local income tax would probably "piggy-back" on the
state income tax, this would be fine. I recommend monitoring this bill to watch for any
amendments that might restrict a local government's ability to levy a local income tax. If
any such amendments are proposed they should be strongly opposed.
SB 0915
Relating Clause: Relating to the regulation of structures; declaring an emergency
Title:
Prohibits municipality that enforces state building code provision or building requirement
by means of municipal ordinance from assessing criminal penalty for ordinance violation
if violation of corresponding state building code provision or building requirement is
subject to civil penalty. Prohibits municipality from imposing civil penalty for ordinance
violation that exceeds maximum civil penalty for violation of corresponding state building
code provision or building requirement. Requires that fees municipality charges for
investigation or other activities regarding alleged violation of ordinance be approved
by Director of Department of Consumer and Business Services.
Revises grounds on which director may allow municipality to adopt municipal ordinance,
rule or regulation conflicting with state building code.
Requires that rules for uniform enforcement of state building code provide for building
official or inspector to give violator notice of penalties and procedural rights when issuing
citation.
Requires that rules provide appeal process for denial of certificate of occupancy if denial
is based on violation of state building code specialty code.
Declares emergency, effective on passage.
Sponsored by: Senator MORSE
URL:http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0915.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Mark Whitmill Mark Whitmill PDD-BPS 3/24/2009 Pri 3 Yes YesIV. B Oppose
Comments:
The city should oppose this bill.
The state building code establishes uniform standards for construction throughout the
state. Municipalities may enact or enforce ordinances, rules or regulations that relate to
the same matters encompassed by the state building code but which provide different
requirements only if authorized by the Director of the Department of Consumer and
Business Services. Under current law, the Director is required to “encourage
experimentation, innovation and cost effectiveness by municipalities in the adoption of
ordinances, rules or regulations which conflict with the state building code”.
The amendment would significantly limit and modify the director’s authority to authorize
local changes to the code. The director must first find that a unique local geological or
other condition exists, and then judge whether the ordinance, rule or regulation will result
if better service to the public. This does not appear to be in the best interest of the City or
the general public, as it discourages innovation at a time when jurisdictions are looking at
new ways to use technology, to improve efficiencies and lower costs, and to promote
sustainability and green building.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/23/2009 Pri 3 Yes YesIV. B Oppose
Comments:
This bill would only allow the Director of the Department of Consumer and Business
Services to authorize the City to adopt an ordinance, rule or regulation that conflicts with
57
the state building code when a unique local geological condition makes the state building
code impractical or the city rule or regulation will result in better service to the public. This
change contrasts with the current law which encourages cities to experiment and
innovate with regard to building codes. The bill also requires that if the City denies a
certificate of occupancy based on a specialty code, the denial may be appealed to a
municipal appeals board. This would require a code change since the Code currently
provides that the appeal of a denial of a certificate of occupancy goes to a hearings
official. Finally, the bill provides that the City may not impose a criminal penalty for
violation of a city ordinance if violation of the building code is subject to a civil penalty,
and the civil penalties imposed by cities cannot exceed the civil penalty under the state
building code. These provisions limit the City's ability to determine the scope of penalties
for violation of the City Code.
SB 0124A
Relating Clause: Relating to operating a vehicle without driving privileges.
Title:
Increases penalty for operating motorcycle without motorcycle endorsement. Punishes by
maximum fine of $720. { + Authorizes court to suspend fine if motorcycle operator
completes motorcycle education course and obtains motorcycle endorsement within 120
days of date of sentencing. + }
Sponsored by: Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in
conformance with presession filing rules, indicating neither advocacy nor opposition on
the part of the President. (at the request of Governor Theodore R. Kulongoski for
Department of Transportation)
URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0124.a.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 3/20/2009 Pri 3 Yes YesV. C7 Support
Comments:
No change of position or recommendation. The IGR Committee approved a Priority
3/support position on the original bill at its 28 Jan meeting.The "A-Engrossed" version of
the bill adds a type of "diversion" program for people cited for driving without a
motorcycle endorsement, similar to that contained in SB 546,
SJR 0035
Relating Clause: Proposing revision of Oregon Constitution relating to ad valorem property taxation; and
requiring approval by a two-thirds majority.
Title: Proposes revision of Oregon Constitution relating to ad valorem property taxation. Refers
proposed revision to people for their approval or rejection at next primary election.
Sponsored by: COMMITTEE ON FINANCE AND REVENUE
URL:http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0035.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/23/2009 Pri 2 Yes YesII. A1 Oppose
Comments:
SJRs 35, 36 and 37 are proposed Oregon Constitutional amendments with different
approaches to the problem of the widening gap between assesed property valuse and
real market values. The measures were introduced by the Senate Committee on Finance
and Revenue in order to facilitate a discussion on the general issue. I recommend the
City support amendments to whatever approach seems likely to advance.
Specific to SJR 35, I recommend we strongly opposes the proposed undemocratic, 60%
supermajority voting requirements and strongly oppose the ability of the voters to
decrease permament tax rates. This last provision could enable voter backlash over short
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term issues that would have very damaging long term consequences. A simple majority
to increase the permament is democratic and should be our objective.
SJR 0036
Relating Clause: Proposing amendment to Oregon Constitution relating to valuation of property.
Title:
Proposes amendment to Oregon Constitution creating minimum assessed value for
property taxation equal to 50 percent of real market value and maximum assessed value
for property taxation equal to 75 percent of real market value. Changes exception
valuation of property to 75 percent of real market value. Adds to classes of property
subject to exception valuation property sold or transferred to new owner.
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/sjr0036.intro.pdf
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/24/2009 Pri 2 Yes YesII. A1 Oppose
Comments:
SJRs 35, 36 and 37 are proposed Oregon Constitutional amendments with different
approaches to the problem of the widening gap between assesed property valuse and
real market values. The measures were introduced by the Senate Committee on Finance
and Revenue in order to facilitate a discussion on the general issue. I recommend the
City participate in the discussion aand urge amendments to whatever measure advances.
Specific to SJR 36, the measure would create a minimum assesed value of 50% of real
market value. This would have little effect on the City of Eugene. It would also set
assessed value at 75% of real market value when a property is improved, rezoned, and
so forth, with the addition of an adjustment to 75% of real market value upon sale.
Specific to SJR 37, the measure would set assessed value at 75% of real market value
rather than at thr changed property ratio when a property is improved, rezoned, or is
otherwise classified as having exceptions value. In addition the bill would set assessed
value at 75% of real market value upon sale or transfer of property. Right now the
changed property ratio for a category of property determined the assessed value of a
changed or exceptions value property. This is the average ratio of assessed value to real
market value for a property category. in Eugene the changed property ratio varies
between 100% for industrial property to 58% for residential property to 46% for
recreational property. Switching to a flat 75% rather than the current scale of changed
property ratios would increase the assessed value for residential and most changed
properties, but lower the assessed value for industrial and some other changed
properties. This proposal as introduced could be beneficial to local governments but
needs a much closer look. However, it appears the measure would also cap assessed
value at 75% of real market value, rather than at the current 100%. This would put many
more properties in the City of Eugene into compression and reduce tax revenue
unacceptably. This last provision should be strongly opposed.
SJR 0037
Relating Clause: Proposing amendment to Oregon Constitution relating to valuation of property.
Title: Proposes amendment to Oregon Constitution changing exception valuation of property to
75 percent of real market value. Adds to classes of property subject to exception
valuation property sold or transferred to new owner.
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/sjr0037.intro.pdf
59
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/24/2009 Pri 1 Yes YesII. A1 Neutral
Comments:
SJRs 35, 36 and 37 are proposed Oregon Constitutional amendments with different
approaches to the problem of the widening gap between assesed property valuse and
real market values. The measures were introduced by the Senate Committee on Finance
and Revenue in order to facilitate a discussion on the general issue. I recommend the
City participate in the discussion aand urge amendments to whatever measure advances.
Specific to SJR 37, the measure would set assessed value at 75% of real market value
rather than at thr changed property ratio when a property is improved, rezoned, or is
otherwise classified as having exceptions value. In addition the bill would set assessed
value at 75% of real market value upon sale or transfer of property. Right now the
changed property ratio for a category of property determined the assessed value of a
changed or exceptions value property. This is the average ratio of assessed value to real
market value for a property category. in Eugene the changed property ratio varies
between 100% for industrial property to 58% for residential property to 46% for
recreational property. Switching to a flat 75% rather than the current scale of changed
property ratios would increase the assessed value for residential and most changed
properties, but lower the assessed value for industrial and some other changed
properties. This proposal as introduced could be beneficial to local governments but
needs a much closer look.
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