HomeMy WebLinkAboutItem 3: Discussion and Approval of 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 April 15 and April 22, 2009
Meeting Date: April 27, 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 April 15 and April 22, 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 April 15 and April 22, 2009, to review staff recommendations on bills that
have been introduced in the state legislature. The minutes for these meetings are not ready for
ratification by the full City Council at this time.
However, the IGR Committee vote on several bills was not unanimous. Accordingly, the full council
must provide direction before these bills can be lobbied in Salem. The bills for which there was not a
unanimous vote are listed below.Staff comments for each bill are listed in the attached documents. Bills
may be accessed via the Legislature’s website: http://www.leg.state.or.us/09reg/measures/main.html.
April 15, 2009:
HB 2865:
This bill would allow collection of system development charges by local government only at
time of issuance of building permit or certificate of occupancy. It would limit parks and recreation
system development charge based upon increase in level of service beyond current levels; prohibit
Z:\CMO\2009 Council Agendas\M090427\S0904273.doc
increase in system development charges based upon presence of fire suppression sprinklers in structure;
and allow resolution of disputes through binding arbitration.
Staff Recommendation: Priority 2 Oppose
IGR Committee Vote: Priority 3 Support (1/2, Councilor Poling / Councilors Taylor, Ortiz voting no)
Councilor Poling believed this would assist contractors and give them time to complete projects in these
tough economic times.
April 22, 2009:
SB 519
: This bill would prohibit employers from taking adverse employment action against employee
who declines to attend meeting or participate in communication concerning employers opinion about
religious or political matters; require employers to post notice; and provide exceptions for religious
organizations, political organizations and certain meetings and communications.
Staff Recommendation: Neutral
IGR Committee Vote: Monitor (2/1, Councilors Poling, Taylor / Councilor Ortiz voting no)
Councilors Poling and Taylor moved to a monitor position after considering the recommendation of
Human Resources who, relying on information received from Harrang Long, believed that taking a
position on this bill might be contrary to the First Amendment’s Establishment Clause that prohibits
government from taking a position for or against issues regarding religion.
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 April 15 and April 22, 2009, IGR Bill Reports for bills not pulled for discussion at those IGR
meetings.
Z:\CMO\2009 Council Agendas\M090427\S0904273.doc
There also needs to be motions to state positions for each bill listed above where the IGR Committee action
was not unanimous.
ATTACHMENTS
A. Bill and Staff Comments on Non-Unanimous Actions
B. April 15, 2009 IGR Bill Report
C. April 22, 2009 IGR Bill Report
FOR MORE INFORMATION
Staff Contact: Brenda Wilson
Telephone: 682-8441
Staff E-Mail: brenda.s.wilson@ci.eugene.or.us
Z:\CMO\2009 Council Agendas\M090427\S0904273.doc
ATTACHMENT B
IGR Bill REPORT
APRIL 15, 2009
CITY OF EUGENE
HB 2040B
Relating to roadside assistance
Relating Clause:
Expands offense of failure to maintain safe distance from emergency vehicle or
Title:
ambulance to include roadside assistance vehicles and tow vehicles. Specifies amount
by which motorists { - on certain highways - } must reduce speed for purposes of
offense.
By Representative BEYER, at the request of House Interim Committee on Transportation
Sponsored by:
for AAA Oregon/Idaho, Northwest Auto Trades Association, Oregon Tow Truck
Association
http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2040.b.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 4/7/2009 Pri 3 Yes YesV. C7 Support
Comments:
Bill adds reducing speed to the requirements of a motorist passing emergency or service
vehicles stopped alongside the road, thus offering a tool to help enhance the safety of
emergency responders.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman D. Schulz EPD-ADM 4/7/2009 Pri 3 Yes YesV. C7 Support
Comments:
We recommended a "monitor" position on earlier versions of this bill, but believe that the
B-Engrossed version should be supported. The primary purpose of the bill was to add
roadside assistance and tow vehicles to the "move-over" law in order to protect the
individuals performing those roadside services. While arguably a good idea, this did not
have a direct impact on the City.
However, the current version of the bill has included a specific requirement that, in
situations where vehicles cannot move into another lane, they must slow to a speed at
least 5 mph below the speed limit for the road. We believe that this is a good
improvement to the current law, because it provides some specific guidance to motorists
as to what they should do. (The current statute simply requires that the driver "reduce
the speed of the motor vehicle" without setting any parameters. Thus, if someone were
travelling at 10 mph over the speed limit, s/he could comply with the existing "move-over"
law by reducing speed by 1 mph.) We believe that the current version of the bill is an
improvement in that it provides motorists with clearer direction, and will provide greater
protection for the police officers, firefighters, and medics currently covered by the law, as
well as those roadside assistance personnel who will be added.
HB 2212A
Relating to State Department of Agriculture control methods; appropriating money.
Relating Clause:
Broadens statutes currently applicable to tansy ragwort to include all noxious weeds.
Title:
Repeals statutes regarding ragweed. Revises quarantine authority of State Department
of Agriculture. Authorizes department to adopt rules for nonquarantine regulation of plant
pests. Makes violation of rule subject to
civil penalty, not to exceed $10,000. Authorizes department to conduct research for
control of plant pests. Prohibits { - possession or movement of - } { + person from
possessing or knowingly moving + } plant pests except in
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compliance with federal or state permit. Makes violation subject to fine not to exceed
$720 and civil penalty not to exceed $10,000. Declares plant pests to be public nuisance.
Authorizes department to issue orders or adopt rules to abate public nuisance caused by
plant pests. Makes violation of order or rule
for abating nuisance subject to civil penalty not to exceed $10,000.
Ordered printed by the Speaker pursuant to House Rule 12.00A (5). Presession filed. (at
Sponsored by:
the request of Governor Theodore R. Kulongoski for State Department of Agriculture)
http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2212.a.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 4/6/2009 Pri 3 Support
Comments:
The amended version of HB 2212 makes relatively minor changes to the original bill.
These changes to not change the substance of the bill, but rather, clarify the text
throughout the bill.
This bill substantially enhances existing statutes pertaining to the Department of
Agriculture's authority to regulate the movement (e.g., through the transportation system)
of plant pests. Plants pests include all organisms capable of having a significant adverse
affect on the environmental quality of the state or of causing a signficant level of
economic damage in this state, including but not limited to agricultural, horticultural, or
forest plants, crops, commodities or products.
Given the importance of our forests and local agricultural industry, this is an important bill
to sustain the health of our forests and farms.
HB 2641A
Relating to online sexual corruption of a child.
Relating Clause:
Modifies definition of online communication for purposes of online sexual corruption of
Title:
child.
Representatives OLSON, SPRENGER; Representatives BARKER, BARNHART,
Sponsored by:
BARTON, BENTZ, BERGER, BOONE, BRUUN, COWAN, D EDWARDS, ESQUIVEL,
FREEMAN, GARRARD, GILMAN, HANNA, HUFFMAN, JENSON, KENNEMER, KOMP,
MAURER, RICHARDSON, SCHAUFLER, G SMITH, STIEGLER, THATCHE
http://www.leg.state.or.us/09reg/measpdf/hb2600.dir/hb2641.a.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman E. Cushman EPD-ADM 4/7/2009 Pri 2 No No Support
Comments:
No change of position or recommendation. The IGR Committee approved a "2/support"
position on this bill at its 1 April meeting. The A-Engrossed version simply replaces the
phrase "method of communicating over the internet" with a list of specific technologies
used to transmit information.
HB 2750
Relating to sanitary sewer service.
Relating Clause:
Authorizes extension of sanitary sewer system to specified lots or parcels outside urban
Title:
growth boundaries and outside unincorporated communities without taking exception to
statewide land use planning goal relating to level of urban and rural public facilities and
services.
Representatives ESQUIVEL, BUCKLEY (at the request of Jackson County)
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2750.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 2/27/2009 Pri 2 Yes YesIV. D5 Neutral
Comments:
Bill would allow for extension of sewer service to existing dwellings outside of UGB's
under very limited circumstances. Bill would NOT enable further development outside of
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UGB's. However, City of Eugene code would prohibit such requests even if this bill
passed. Given the limited scope of this bill and city's home rule ability to determine the
appropriate policy direction, staff recommends a neutral position. Wastewater Division
may have additional comments around feasibility and capacity concerns.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier PWW 4/7/2009 Neutral
Comments:
Wastewater services are provided to the City of Eugene under an intergovernmental
agreement with the County and the City of Springfield. This IGA restricts service to the
growth boundaries of the two cities, and therefore would prohibit (absent a change in the
IGA) extension of sewer service under the provisions of the proposed bill. In any case, it
would not likely be cost-effective to extend sewer service to serve isolated, single unit
parcels of property.
HB 2918
Relating to disposal of prescription drugs; appropriating money; declaring an emergency.
Relating Clause:
Creates Drug Take Back Program in State Board of Pharmacy.
Title:
Establishes Drug Take Back Program Fund and continuously appropriates moneys in
fund to board to implement program.
Permits hospitals and long term care facilities to establish public education and outreach
programs with grants from fund.
Sunsets January 2, 2014.
Declares emergency, effective on passage.
Representative GREENLICK; Representatives GELSER, KOTEK, SHIELDS
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2918.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Peter Ruffier PWW 4/7/2009 Neutral
Comments:
SB598 is a stronger bill (including mandates) in support of establishing a drug-take back
program, HB 2918 would set up a volnutary program.
HB 3054
Relating to regional land use planning commissions; declaring an emergency.
Relating Clause:
Establishes five regional land use planning commissions. Prescribes duties and powers
Title:
of regional commissions. Provides that chairs of regional commissions constitute Land
Conservation and Development Commission. Modifies duties and powers of state
commission.
Becomes operative on January 2, 2010.
Declares emergency, effective on passage.
Representatives GARRARD, SCHAUFLER
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3054.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 4/2/2009 Pri 1 Yes YesIV. D5 Monitor
Comments:
HB 3054 would revise the state's land use oversight role from a single statewide body,
the Land Conservation and Development Commission (LCDC), to 5 separate regional
planning commissions. LCDC would remain and still have a certain level of authority
over these new commissions, however, to what degree is somewhat unclear. This
relationship and many other issues are not clearly addressed in this bill.
For example, the bill gives each commission the authority to adopt their own rules for
implementation of the statewide planning goals. This could affect the ability to achieve
these statewide objectives in a consistent manner if each region varies its implementation
3
requirements. In addition, the bill is unclear on how projects in process (such as HB
3337 implementation) will be addressed. It’s also unclear what type of staff support the
regional commissions would have, including their respective roles with local
governments.
This bill would establish a new layer of state government that does not currently exist.
It’s unclear whether there will be adequate funding to support this new system, and
whether this could result in a financial burden to local governments.
Given the depth and range of issues covered in this bill, there are numerous details that
would need further attention to ensure this bill could be adequately implemented. In
principle, these regional commissions might be better able to respond to local needs and
issues (as opposed to LCDC), but until the unanswered questions are fully addressed, it’s
difficult to assess the benefits and impacts to Eugene. Therefore, staff recommends
monitoring this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/31/2009 Monitor
Comments:
Defer to Steve Nystrom's comments. This is a very long bill that affects many statutes
and may create unintended consequences. For example, the City's comprehensive plan
has been acknowledged by the Land Conservation and Development Commission.
Acknowledgement is a long and complicated process. This bill provides that
comprehensive plans must be acknowledged by the regional commission but it is not
clear whether the City's comprehensive plan will be automatically acknowledged by the
regional commission or whether the City will need to ask the regional commission to
acknowledge the plan, nor is it clear how the City is required to operate until the regional
commission acknowledges the plan.
HB 3097
Relating to emergency medical personnel
Relating Clause:
Allows applicant for certification as emergency medical technician or first responder to
Title:
substitute certification by National Registry of Emergency Medical Technicians for
completion of training course approved by Department of Human Services.
Representatives MATTHEWS, WEIDNER; Representatives BARKER, BOONE,
Sponsored by:
FREEMAN, HARKER, KRIEGER, OLSON, SCHAUFLER, SHIELDS, G SMITH,
VANORMAN
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3097.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Denise Giard EFD 4/1/2009 Pri 3 No No Support
Comments:
This bill would streamline Oregon EMT certification for returning military medics who
already meet many Oregon requirements, and would more generally serve to broaden
and perhaps diversify applicant pools for all Oregon medical response agencies.
However, the bill should be amended to make clear that application for certification by the
state of Oregon is still required, and requirements delineating the three EMT certification
levels (Basic, Intermediate, Paramedic) should not be obscured or waived. This position
is consistent with that taken by the Oregon State Ambulance Association and numerous
emergency medical service providers in the state.
HB 3134
Relating to siting of electric transmission systems; declaring an emergency.
Relating Clause:
Requires State Department of Energy to determine locations for certain energy
Title:
transmission and distribution facilities. Specifies requirements for energy transmission
and distribution facility siting process.
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Establishes Energy Transmission and Distribution Facilities Siting Authority. Specifies
duties of authority.
Specifies process for review of decisions related to energy transmission and distribution
facilities.
Declares emergency, effective on passage.
COMMITTEE ON BUSINESS AND LABOR
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3134.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 4/7/2009 Pri 3 No No Oppose
Comments:
I agree with Steve Nystrom on why the City of Eugene should oppose.
Section 6 outlines the public input process, but in subsection 3 proposed conditions
through the process can be not adopted if the Siting Authority provides a reason to not
adopt. This could include financial, human health, environmental, or expediency. The
next layer of recourse for the public or local government is to file a petition with the
Oregon Supreme Court.
In the effort to fast track the siting process, it seems that additional safeguards are
implemented before the bill can be supported.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 4/3/2009 Pri 3 Yes YesIV. D6 Oppose
Comments:
Defer to Ethan regarding overall recommendation, but from a planning perspective, this
bill would enable the state to supersede local land use processes and regulations to site
energy transmission and distribution facilities. While the bill enables input from local
jurisdictions and appears to give some preference to sites where local governments have
provided support, ultimately the state would have jurisdiction to decide where such
facilities are located.
HB 3182
Relating to notice of local government decision-making.
Relating Clause:
Requires notification to residents of property, in addition to property owners, of proposed
Title:
land use decisions, limited land use decisions and other governmental decisions affecting
real property.
Representative THATCHER
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3182.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 4/2/2009 Yes YesIV. D2 Monitor
Comments:
HB 3182 requires that residents of property (in addition to property owners) be notified of
proposed land use decisions. Specifically, this bill would require notice to residents of
multiple family and manufactured dwellings. Eugene has required notification of owners
and residents for many years. In fact, Eugene's requirements would still be broader than
that envisioned in this bill. Specifically, notice is required to be sent to residents of all
housing types, as well as tenants of non-residential properties. In addition, Eugene
requires a much wider radius of notice than current state law. Therefore, this bill has no
impact on Eugene's current policies and procedures. Although this bill does impact local
home rule authority, staff would recommend a neutral position on this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Lauren Sommers ATTNY 3/31/2009 No No Monitor
Comments:
When a piece of property is the subject of a limited land use decision or quasi-judicial
land use hearing, the City is currently required to notify the owners of all properties
located within a certain distance of that property. This bill would also require the City to
notify residents of properties located within a certain distance of a property that is the
5
subject of a quasi-judicial land use hearing if the properties contain multi-family housing,
include sites for manufactured dwellings, or the owner of the property does not live on the
property. Section 1 of the bill also requires the City to notify residents "similarly situated"
to the residents described above when the City makes a limited land use decision. It is
not clear from the language of the bill what "similarly situated" means. Recommend
monitor.
HB 3223
Relating to residential price controls.
Relating Clause:
Repeals prohibition against city, county or metropolitan service district imposing
Title:
requirement that effectively establishes sales price for housing unit, residential lot or
residential parcel or limits availability of housing unit, residential lot or residential parcel to
class or group of purchasers.
COMMITTEE ON LAND USE
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3223.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom Steve Nystrom PDD-ADM 4/3/2009 Pri 2 Yes YesIV. C Support
Comments:
HB 3223 would repeal the current statute that prohibits local governments from enacting
inclusionary housing requirements. This bill would enable local governments to make
policy decisions whether to impose requirements related to affordable housing. This tool
has been available to local governments in many other states for decades. Support of
this bill does not necessarily indicate an endorsement of inclusionary housing provisions.
Rather it provides governments the ability to make those decisions individually. For
these reasons, staff recommends the city support this bill.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 4/3/2009 Pri 2 Support
Comments:
We should support this bill. It is really about local control. It would allow "inclusionary
zoning". While the merits of inclusionary zoning can be debated, the result should be a
local decision -- not one that is preempted by the the state.
Steve Nystrom should be lead on this.
HB 3248
Relating to railroad grade crossings.
Relating Clause:
Requires Department of Transportation to prioritize actions taken when altering,
Title:
relocating or eliminating railroad grade crossing. Requires department to provide written
findings and cost and benefit analysis if department chooses to take certain actions over
other actions.
Representatives BAILEY, SCHAUFLER (at the request of City of Portland)
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3200.dir/hb3248.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 4/7/2009 Pri 3 No No Support
Comments:
This bill set a priority among the four options available to the Oregon Department of
Transportation when ruling on making changes to Railroad/highway crossings. To date
the City has not had difficulty with ODOT decisions on RR crossings that would be
considered contrary to the City's interest. Other Oregon citys have and their experiences
have resulted in this bill. The priorities are logical and would appear to protect the city's
interest in maintaining connectivity and overall safety of the travelling public. The bill also
adds a requirement for ODOT to furnish cost/benefit analysis when making a ruling. At
6
the Federal level there is interest in closing at grade crossings. This change in Oergon
law will help protect the city's future interest in that process.
SB 0657
Relating to exception to land use goals.
Relating Clause:
Authorizes local government to adopt exception to statewide land use goal without
Title:
demonstrating that statutory standards for exception have been met for use that is
necessary for employer of 10 or more employees under specified circumstance. Requires
employer in Willamette Valley seeking exception to provide green-collar jobs at family
wage. Requires employer outside Willamette Valley seeking exception to provide family
wage. Defines terms.
Senator GEORGE, Representative WEIDNER; Representatives GILLIAM, HUFFMAN,
Sponsored by:
SCHAUFLER, G SMITH, THATCHER, WHISNANT
http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0657.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Steve Nystrom PDD-ADM 4/2/2009 Pri 3 Monitor
Comments:
As written, this bill attempts to encourage the creation of green-collar jobs by providing a
streamlined process when such uses require a goal exception. Goal exceptions are
typically an issue affecting counties, such as urbanization within rural areas, outside of
UGB's. Therefore, this bill would likely have minimal effect within the City of Eugene. In
reality, if a use involving green-collar jobs were proposed inside Eugene's UGB, the city's
tools for considering such proposals would rarely involve the need to consider a goal
exception. The most likely situation would be a use that was within the Willamette
Greenway that didn't otherwise comply with this statewide goal. At this point, staff
recommends monitoring the bill to see if it is broaden in scope.
SB 0902
Relating to the application of pesticides near schools.
Relating Clause:
Requires person exercising control over property located within one-quarter mile of
Title:
school registered on State Department of Agriculture website to provide school with
written notice prior to aerial spraying of pesticide. Modifies notice requirement if spraying
is due to pest emergency. Applies to aerial applications of pesticide made on or after July
1, 2010. Makes violation of statute or department rules subject to civil penalty, not to
exceed $1,000 for first violation, $2,000 for subsequent violation or $10,000 for willful
misconduct or subject to criminal penalty of not more than one year's imprisonment and
fine not to exceed $1,000 for first violation or $2,000 for subsequent violation. Requires
department to create website for registration of schools wishing to receive pesticide
spraying notice.
COMMITTEE ON EDUCATION AND GENERAL GOVERNMENT
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sb0900.dir/sb0902.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Kevin Finney Kevin Finney PW-POS 4/3/2009 Pri 3 Neutral
Comments:
POS does no aerial spraying and I'm not aware that any other City programs do. No
impact on our operations.
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ATTACHMENT C
IGR BILL REPORT
APRIL 22, 2009
REPORT DATE RANGE JAN 1, 2009 TO APRIL 14, 2009
CITY OF EUGENE
HB 2717
Relating to whistleblowing by public employees.
Relating Clause:
Allows court to award punitive damages in public employee whistleblower case. Requires
Title:
court to award attorney fees to prevailing plaintiff in public employee whistleblower case.
Requires Oregon Government Ethics Commission to appoint ombudsman for public
employees. Requires ombudsman to act as advocate for public employees by accepting,
investigating and attempting to resolve complaints concerning alleged violations of
whistleblower laws.
Representative THOMPSON
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2717.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Jamie Iboa Cathy Joseph CS-HRRS 4/6/2009 Pri 3 Oppose
Comments:
The current civil litigation system and the complaint process through the Bureau of Labor
& Industries already provides adequate redress for employment-related allegations of
wrongdoing.
HB 2763
Relating to procurements of agricultural goods; declaring an emergency.
Relating Clause:
Permits contracting agency that procures goods for public use to give preference to
Title:
agricultural products produced and transported entirely within state if certain conditions
are met. Requires Director of Agriculture by rule to set standards for determining whether
agricultural products qualify for preference.
Declares emergency, effective on passage.
Representatives CLEM, CANNON; Representatives BEYER, GILLIAM, KRIEGER,
Sponsored by:
READ, ROBLAN, SCHAUFLER
http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2763.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/9/2009 Pri 3 Yes YesVIII. B Support
Comments:
HB 2763 permits contracting agencies to give preference to agricultural products that are
produced and transported entirely within the state of Oregon.
I think this is consistent with the City's sustainability goals by encouraging "local"
producers and by reducing the negative impacts associated with long-distance transport
of goods.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Paul Klope PWE 3/3/2009 Pri 3 Yes YesVIII. B Support
Comments:
Allows public agency that is considering bids to buy agricultural products, such as plants
and seed, to give preference to bids for products that are produced and transported
entirely in Oregon as long as they cost no more than 5% more than other bids for equal
products produced out of state. Allows the public agency to set a higher preference
percentage if desired. Although it would cost the City slightly more to offer this
preference, it would allow us to keep more money in the state also.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy CS-CMO 3/23/2009 Pri 3 Yes YesVIII. B Support
Comments:
Agree with Eric and Paul's comments.
1
HB 2866
Relating to expedited process for public sector collective bargaining.
Relating Clause:
Eliminates expedited process for collective bargaining between public employer and
Title:
certain employees.
COMMITTEE ON BUSINESS AND LABOR
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2866.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett Susan Mullett CS-HRRS 3/6/2009 Pri 3 Oppose
Comments:
Same response as HB 2709 -- Could lenghten bargaining process.
Comments on HB 2709:
This could extend the bargaining times which would result in increased costs and
loss of goodwill with our unions.
Recommendation and priority on both bills was Oppose- Pri 3
HB 2940
Relating to renewable portfolio standards.
Relating Clause:
Allows biomass electricity generating facility to comply with renewable portfolio standard
Title:
under certain conditions.
Representative C EDWARDS (at the request of Oregon Forest Industries Council)
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2940.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Felicity Fahy Felicity Fahy CS-CMO 3/23/2009 Pri 3 Neutral
Comments:
This Bill looks like a specific ear mark. There is already a lot of research being
undertaken on the use of biomaterial for energy production. Identified grant sources
should be used for purpose.
HB 2997
Relating to the conversion of manufactured dwelling parks to subdivisions.
Relating Clause:
Allows manufactured dwelling park landlord to defer or forgo payment to tenant upon
Title:
park closure if closure is due to conversion of park to manufactured dwelling subdivision
and tenant continues occupancy as subdivision lot tenant following conversion. Specifies
conditions applicable to tenancy if manufactured dwelling park tenant continues to
occupy lot following conversion of park to manufactured dwelling subdivision.
Representative CLEM
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2997.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Richie Weinman PDD-DEV 3/9/2009 Monitor
Comments:
This bill is very unlikely to move.
HB 2999
Relating to the pesticide use reporting system; declaring an emergency.
Relating Clause:
Reduces size of identifying hydrologic unit to be used when reporting pesticide use.
Title:
Delays sunset date for pesticide use reporting system.
Declares emergency, effective on passage.
2
Representatives CLEM, C EDWARDS; Representatives BAILEY, BARNHART, BOONE,
Sponsored by:
BUCKLEY, CANNON, D EDWARDS, GREENLICK, HARKER, KOMP, KRIEGER,
NOLAN, READ, RILEY, J SMITH, TOMEI
http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2999.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Kevin Finney Kevin Finney PW-POS 4/13/2009 Pri 3 Yes YesVII. B4 Support
Comments:
The proposed changes to the pesticide regulations will, among other things, require
applicators to provide more detailed information about where they make applications.
These changes will provide more useful information about pesticide exposure and will
better protect public health.
HB 3005
Relating to business plans for energy production projects; appropriating money; declaring
Relating Clause:
an emergency.
Appropriates moneys to State Department of Agriculture for 2009-2011 biennium to
Title:
develop business plan for project to produce energy from agricultural sources and from
food or other wastes.
Declares emergency, effective July 1, 2009.
Representative CLEM
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3005.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/12/2009 Pri 3 No No Oppose
Comments:
HB 3005 seems to be a special interest earmark for Department of Ag to contract
$100,000 on a bioenergy project. While the City of Eugene should support these types of
projects, the funding should come through existing grant programs and private sector
investments, not general fund appropriations.
HB 3006
Relating to hunting on public lands.
Relating Clause:
Specifies that public lands used for wildlife management purposes must be accessible for
Title:
hunting. Requires State Fish and Wildlife Commission to avoid making management
determinations that result in net loss of access to hunting on public lands used for wildlife
management purposes. Directs State Fish and Wildlife Director to report to Legislative
Assembly on acreage of public lands accessible for hunting.
Representative CLEM; Representatives BOONE, C EDWARDS, D EDWARDS, HANNA,
Sponsored by:
KAHL, KRIEGER, ROBLAN, SCHAUFLER, STIEGLER
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3006.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/9/2009 Pri 2 Yes YesVII. B5 Oppose
Comments:
HB 3006 specifies that public lands used for wildlife management purposes must be
accessible for hunting. It also states that the State Fish and Wildlife Commission shall, to
the maximum extent practicable, avoid making management determinations that result in
a net loss of access to hunting on public lands used for wildlife management.
In my opinion, this bill is far too single-focused on the interests of hunters and hunting.
Land Management decisions on public lands should be based on a more comprehensive
analysis of issues, including community interests, habitat needs for the wildlife of interest,
habitat needs for threatened or endangered species, historic use of the land, regional
conservation interests, and much more.
3
In terms of direct impact to the City, this bill could open up hunting on City of Eugene
lands, such as the West Eugene Wetlands. This would run counter to the long-standing
management goals of the West Eugene Wetlands.
Please note that this bill is very similar to HB 3164 during the 2007 legislative session.
HB 3025
Relating to climate change.
Relating Clause:
Requires Department of Environmental Quality to study climate change issues facing
Title:
Oregon.
Sunsets January 2, 2012.
Representatives CANNON, READ, Senator DINGFELDER
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3025.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/18/2009 Pri 3 Yes YesVII. A1 Oppose
Comments:
HB 3025 is an unfunded mandate. While the DEQ should undertake a study of climate
changes facing Oregon, the legislature should appropriate funding for the agency to
properly conduct the study, while maintaining their currently mandated service programs.
The City of Eugene should oppose this bill. Support only if appropriate funding is
provided.
HB 3064
Relating to greenhouse gas.
Relating Clause:
Makes legislative findings regarding global warming and electricity. Requires State
Title:
Department of Energy to establish greenhouse gas emissions performance standard for
generating facilities that produce baseload electricity.
Prohibits electricity provider from entering into long-term financial commitment unless
generating facility complies with greenhouse gas emissions performance standard.
Prohibits Public Utility Commission from approving long-term financial commitment by
electric company unless generating facility complies with greenhouse gas emissions
performance standard. Requires State Department of Energy to ensure consumer-owned
utility complies with greenhouse gas emissions performance standard.
Modifies definition of 'energy facility' for purposes of regulation of energy facilities.
Modifies circumstances in which site certificate not required.
COMMITTEE ON ENVIRONMENT AND WATER
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3064.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Ethan Nelson PDD-BPS 3/18/2009 Pri 3 Yes YesVII. A1 Support
Comments:
HB 3064 is the House counterpart to SB 101, which directs the Oregon Department of
Energy to establish rules on the production of greenhouse gas emissions from utilities
producing baseload electricity. These rules will be for all electric utilities including
municipal owned and cooperatives.
The emission standard is based on combined cycle natural gas generation, which will
benefit all production sources that are cleaner and penalize those that have higher GHG
emissions (e.g. coal fired plants).
The rules level the market by requiring the PUC to approve all long term financial
commitments that comply with the standard. Those that don’t meet the standard will not
be approved. This should increase the development of renewable and clean energy
generation for Oregon markets.
4
Eugene’s power profile includes a nominal amount of high GHG emitting generation
sources; therefore there may be a slight rate increase over time for any purchases of coal
fired power. The City of Eugene should support HB 3064 and SB 101.
HB 3399
Relating to vehicular homicide.
Relating Clause:
Creates crime of vehicular homicide. Punishes by maximum of five years' imprisonment,
Title:
$125,000 fine, or both.
Directs police officer responding to accident in which person is seriously injured or killed
to administer tests to operators of vehicles involved to determine if operators were under
influence of intoxicants. Makes results of tests admissible at trial for vehicular homicide.
Makes refusal of test admissible at any court proceeding or trial.
Representative READ; Representatives BARKER, RILEY, Senators BONAMICI, HASS
Sponsored by:
(at the request of Mary ODonnell)
http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3399.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 4/13/2009 Pri 3 Yes YesV. C7 Neutral
Comments:
***Neutral as written; support if appropriately amended***
We appreciate that this bill is attempting to improve the ability to hold those accountable
to violate traffic laws and kill or seriously injure others. However, we have concerns
about Section 3 of the bill as written. First, this section mandates a police officer
"administer tests" to every driver of a vehicle involved in a traffic crash which kills or
seriously injured someone to determine whether that driver was driving under the
influence of intoxicants. First, we have traditionally opposed laws that require, rather
than permit, officers to take specific actions. Second, the wording does not specify what
"tests" must be done. Unless this provision were made more specific, or supplemented
by administrative rule, it is not clear to police officers what is expected, let alone
members of the public. Third, we believe that this section will most likely be subject to
challenges based on whether or not it is constitutional.
We strongly support Section 2 of the bill, which creates a crime of vehicular homicide for
a situation in which a driver is involved in a traffic crash that kills someone and that driver
was driving while impaired, was driving without driving privileges, or was driving without
insurance. In any of those situations, if the driver had not been driving in violation of the
law, someone would still be alive. Therefore, we strongly support being able to hold such
individuals accountable.
We recommend that Section 3 be removed from the bill or be revised to address the
concerns we have expressed. If this is done, we would support the bill.
HB 2426A
Relating to penalties for driving while under the influence of intoxicants.
Relating Clause:
Imposes minimum fine of $2,500 { - and mandatory imprisonment - } for person
Title:
convicted of driving while under influence of intoxicants if person had { - 0.20 - }{ + 0.15
+ } percent or more by weight of alcohol in blood of person at time of offense.
COMMITTEE ON JUDICIARY
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2426.a.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman M. Gilbert EPD-ADM 4/14/2009 Pri 3 Yes YesV. C7 Support
Comments:
5
We support the A-Engrossed version of HB 2426. On the original bill, we had deferred
to Municipal Court's opposition, based on the imposition of a mandatory jail sentence.
However, that provision has been removed, and Muni Court has deferred to us.
We believe that this amended version, by imposing a higher fine for a driver who drives
with a BAC of .15% or higher (nearly twice the presumptive limit), will provide a more
appropriate penalty for those who elect to drive with such a high blood-alcohol level and
endanger the public.
HJM 20
Urging Congress to enact legislation concerning Medicare reimbursement rates.
Relating Clause:
Urges Congress to enact legislation concerning Medicare reimbursement rates.
Title:
Representatives BARTON, DEMBROW
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/hjm1.dir/hjm0020.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Glen Potter Glen Potter EFD 4/10/2009 Pri 3 No No Support
Comments:
Amend to change "physicians" to "health care providers." As written, the memorial has
little if any relevance to City of Eugene services. But with the amendment, it would
address the single greatest cause of projected financial deficits in ambulance service.
HR 3
Expressing approval and support of forest resource management plans developed under
Relating Clause:
Western Oregon Plan Revisions and urging Governor to facilitate speedy implementation
of management plans.
Expresses approval and support of forest resource management plans developed under
Title:
Western Oregon Plan Revisions. Urges Governor to take steps to support, ensure and
facilitate speedy implementation of resource management plans.
Representatives SPRENGER, SCHAUFLER; Representatives BENTZ, BERGER,
Sponsored by:
BOONE, BRUUN, CAMERON, CLEM, ESQUIVEL, FREEMAN, GARRARD, GILLIAM,
GILMAN, HANNA, HUFFMAN, HUNT, JENSON, KENNEMER, KRIEGER, MATTHEWS,
MAURER, OLSON, RICHARDSON, ROBLAN, G SMITH, STIEGLER,
http://www.leg.state.or.us/09reg/measpdf/hr1.dir/hr0003.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/9/2009 Pri 3 VII. B3 Oppose
Comments:
HR 3 expresses approval and support of forest resource management plans developed
under the BLM's Western Oregon Plan Revisions (WOPR). I think this is a resolution the
City of Eugene would want to oppose.
The City Council is already on record as having serious reservations about the WOPR.
The Governor is on record as being opposed to the WOPR. In addition, the Obama
administration is considering reviewing the process that the Bush administration used to
approve the WOPR. Multiple federal agencies and many conservation groups are
opposed to the WOPR.
Among the many concerns expressed about the WOPR are: (a) that it does not protect
stream health and water quality sufficiently; and (b) that it does not protect habitat
suitable for northern spotted owls adequately.
In particular, I think the City should be concerned about the reduced protection for stream
health and water quality that WOPR provides relative to the NW Forest Plan. This lack of
streamside protection in WOPR will have downstream affects, all the way to Eugene (in
both the Willamette and McKenzie Rivers).
SB 0519
6
Relating to mandatory workplace communications to employee about employer's
Relating Clause:
opinions.
Prohibits employer from taking adverse employment action against employee who
Title:
declines to attend meeting or participate in communication concerning employer's opinion
about religious or political matters. Requires employer to post notice. Provides exceptions
for religious organizations, political organizations and certain meetings and
communications. Creates cause of action.
Senators ROSENBAUM, DEVLIN, Representatives SCHAUFLER, WITT; Senators
Sponsored by:
BATES, MONNES ANDERSON, MONROE, WALKER, Representatives BAILEY,
BARKER, BUCKLEY, DEMBROW, GALIZIO, HOLVEY, NOLAN, ROBLAN, SHIELDS
(at the request of Oregon AFL-CIO)
http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0519.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Susan Mullett CS-HRRS 2/24/2009 Drop Drop
Comments:
We don't see impact to City. We already have employment policies in place regarding
religious and political issues.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Andy Fernandez CS-CMO 2/24/2009 Pri 3 Support
Comments:
Seems to protect the employee against freedom of religon and freedom of speech (or to
not speak).
Will have an effect on City practice and may put more of the burden of proof regarding
some discipline on the City.
SB 0570
Relating to commerce in metal property
Relating Clause:
Requires scrap metal business to create and maintain certain records of purchase or
Title:
receipt of metal property or other transactions related to metal property. Prohibits scrap
metal business from purchasing, receiving or conducting transaction related to certain
types of metal property. Requires payment for purchase or transaction by check mailed to
seller's street address.
Requires scrap metal business to produce records in response to lawful demand and to
segregate, identify and hold metal property reasonably suspected to be lost or stolen.
Requires within 10 days determination of whether metal property is lost or stolen.
Requires consignment or secondhand store that purchases or receives metal property
to comply with provisions of Act.
Provides immunity to owner of land for injury or damage caused by theft or attempted
theft of metal property.
Specifies civil penalty of not more than $1,000 for first violation of certain provisions of
Act and not more than $2,000 for subsequent violations.
Creates crime of unlawfully altering metal property. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both.
Creates crime of making false statement on metal property record. Punishes by
maximum of one year's imprisonment, $6,250 fine, or both.
Creates crime of unlawfully purchasing or receiving metal property. Punishes by
maximum of one year's imprisonment, $6,250 fine, or both.
Senators ATKINSON, BATES, BONAMICI, BOQUIST, BURDICK, CARTER,
Sponsored by:
COURTNEY, DEVLIN, DINGFELDER, FERRIOLI, GEORGE, GIROD, HASS,
JOHNSON, KRUSE, METSGER, MONNES ANDERSON, MONROE, MORRISETTE,
MORSE, NELSON, PROZANSKI, ROSENBAUM, SCHRADER, STARR, TELFER,
VERGER,
http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0570.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman J. Shadwick EPD-ADM 3/6/2009 Pri 1 Yes YesV. C12 Support
Comments:
7
We support the bill as it is written, but believe that the bill could be improved in its impact
on the metal theft problem if certain elements were added.
The bill and additional elements will help combat theft of non-ferrous metals. Although
the theft rate is currently low, it was at a peak last year when metal prices peaked. The
price of non-ferrous metals has been cyclical. It is currently down, but it has always been
like a roller coaster and we expect the value to rise again in the future. When the value
rises theft will increase as it has done in the past.
We recommend that the bill be amended to include the following provisions, which would
help law enforcement to combat this problem:
• MANDATORY REPORTING to law enforcement versus MANDATORY
RECORDING: This is probably the most important piece for law enforcement. The
current law and this bill talk about mandatory recording. Law enforcement would benefit
more if mandatory reporting to law enforcement was included. It would help in that the
buyers would supply law enforcement a list of sellers along with what they were selling.
This would give law enforcement an opportunity to look over this list and possibly match
cases to stolen property or identify people that we need to contact because the quantities
or types of metal they are selling may appear similar to stolen property. This has been
very a very effective investigative element of the pawn laws. With the current mandatory
reporting, law enforcement officers do not get the opportunity to review incoming property
unless they are actually at the business. We only find out about it after the fact if we
identify a suspect. With mandatory reporting, the metal buyers would have to send us
the names of the sellers which would give us a distinct advantage over the criminal
element that might be involved in the thefts.
• Requiring buyers to photograph, as well as write down a description of, the non-
ferrous metal purchased: There is no element requiring the buyers to hold the purchased
metal unless it is found by law enforcement to be stolen. Metal is moved so quickly by
some of the buyers that it is possible for an item to be purchased one day and be gone
the next. A photograph would at least help law enforcement identify stolen property.
• Requiring a thumbprint: Criminal suspects have been known to use forged
identification but they cannot forge their thumbprint. This would allow positive
identification of those selling metal.
• Requiring a metal transport record: Oregon law formerly required a person to have a
metal transport record. We would recommend that a requirement be reinstituted that any
person transporting a more than a designated quantity of non-ferrous metal have some
documentation (such as a receipt) as to how the person lawfully obtained the metal. This
law would allow law enforcement officers to contact persons with suspected stolen metal
and interview them regarding the source of the metal they were transporting.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Jones Eric Jones PW-ADM 3/12/2009 Pri 1 Yes YesV. C12 Support
Comments:
This is a piece of a comprehensive package of solutions that have been offered.
Eventually, these various bills (including HB 2421, HB 2423 and SB 405) will boil down to
one or two key pieces of legislation. For now, all bills that address this issue are
receiving a priority one support recommendation. Recommend that Tom Larsen review
all bill relating to metal theft.
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Tom Larsen Tom Larsen PWM 4/8/2009 Pri 1 Yes YesV. C12 Support
Comments:
This bill is one of several that takes a multi-pronged approach to reducing metal theft. It
is comprehensive and contains many good ideas from other bills. Key aspects of this bill
include payment only by check mailed to a physical address and a waiting period before
the check is sent. Additional record keeping and penalities are also important elements.
I like the original 10 day waiting period more than proposed shorter periods, but support
the concept over all. Other bills allowing small payments in cash on site are weaker than
this legislation.
8
SB 0665
Relating to employment practices
Relating Clause:
Permits administration of polygraph examination to police officer applicants and reserve
Title:
officer applicants. Provides that decision by employer to disqualify applicant solely on
basis of polygraph examination is unlawful employment practice.
COMMITTEE ON JUDICIARY
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0665.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
E. Cushman S. Swenson EPD-ADM 3/10/2009 Pri 2 Yes YesV. C9 Support
Comments:
We strongly support this bill, which would allow the use of the polygraph as part of the
hiring process for police officers and reserve police officers. This is the subject of
Legislative Policy V.C.9.
Because of the significant authority vested in police officers, it is important to hire the best
candidates, and extremely important that unsuitable applicants be eliminated during the
hiring process. To accomplish this task, it is important to use every tool at our disposal.
Oregon law currently prohibits the use of the polygraph during the police officer hiring
process, although many other states use the polygraph as a standard part of the hiring
process, and some (such as Washington) actually require it. To not be able to avail
ourselves of this tool deprives us of a significant means to learn if an applicant is being
untruthful about some of the information s/he has provided.
The bill contains protections which limit the use of the polygraph solely to hiring police
officers and reserve police officers. The bill does not otherwise change the current
prohibition against using the polygraph for any other aspect of employment, such as
promotion or internal investigations. It also prohibits disqualifying an applicant solely on
the basis of a polygraph examination.
SB 0698
Relating to thermal field sanitation
Relating Clause:
Changes 'field burning' and 'open field burning' to 'thermal field sanitation' for provisions
Title:
relating to air quality. Reduces amount of acreage allowed to be propane flamed.
Senator FERRIOLI
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0698.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Eric Wold Eric Wold PW-POS 3/9/2009 Pri 1 Yes YesVII. A2 Monitor
Comments:
SB 698 is the third bill introduced this session that addresses the topic of "field burning".
The other two, related bills were introduced by the Governor and Representative Holvey
(and both of these bills have provisions to eliminate field burning within 0-2 years).
The main intent of SB 698 is to change all references to "open field burning" and "field
burning" to the term "thermal field sanitation". I do not fully understand the motivation for
this change or the implications of this change. It seems like this change may have
broader implications than is immediately apparent from the bill. I am looking for the City's
IGR staff to follow-up with people in Salem on whether this change has other
implications.
There are no provisions in this bill to reduce the acreage of allowed, annual field burning.
SB 0800
Relating to the pesticide use reporting system; declaring an emergency.
Relating Clause:
Eliminates sunset for pesticide use reporting system. Reduces size of identifying
Title:
hydrologic unit to be used when reporting pesticide use. Declares emergency, effective
on passage.
9
Senator BATES
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0800.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Kevin Finney Kevin Finney PW-POS 4/13/2009 Pri 3 VII. B4 Support
Comments:
The proposed changes to the pesticide regulations will, among other things, require
applicators to provide more detailed information about where they make applications.
These changes will provide more useful information about pesticide exposure and will
better protect public health.
SJR 0025
Proposing amendment to Oregon Constitution relating to property taxes.
Relating Clause:
Proposes amendment to Oregon Constitution to require approval by at least three-fifths
Title:
of electors who cast ballot for measures that authorize new or increased property taxes.
Refers proposed amendment to people for their approval or rejection at next regular
general election.
Senator STARR; Senators FERRIOLI, GEORGE, KRUSE, WINTERS
Sponsored by:
http://www.leg.state.or.us/09reg/measpdf/sjr1.dir/sjr0025.intro.pdf
URL:
ContactRespondentDept Updated Priority Policy Poli Numb Recommendation
Larry Hill Larry Hill CS-FIN 3/9/2009 Pri 1 Yes YesII. A1 Oppose
Comments:
SJR 25 proposes a new amendment to the Oregon Constitution that would impose a
supermajority requirement for passage of any property tax measure. If this amendment
were to become law, a minority of voters could block the majority's favorable vote in favor
of funding local government services. This undemocratic proposal is an attempt to shift
marginal control on property tax votes to an anti-tax minority that otherwise would be
unable to prevail against funding local government services.
To illustrate the importance of the simple majority rule in governance, had a 3/5
supermajority rule had been imposed on May 2, 1843, at Champoeg, the minority would
have then prevailed over the majority and Oregon would have failed to form its first
system of American government.
10