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HomeMy WebLinkAboutItem 3: Ratification of Unanimous IGR Actions and Discussion and Action on Non-unanimous IGR Actions ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Ratification of Unanimous Intergovernmental Relations (IGR) Committee Actions and Discussion and Action on Non-unanimous IGR Actions on Legislative Policy from May 20, 2009 Meeting Date: May 26, 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 May 20, 2009, IGR Committee meeting. BACKGROUND As a matter of procedure, during the legislative session, the City Council is routinely asked to ratify the actions taken by the 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 May 20, 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 May 20, 2009: HB 3485 : This bill would establish a tax credit for transportation of woody biomass from forest management operations to biofuel producers; for biomass electrical generation based on kilowatt hours of electricity produced; and for purchase of equipment to collect or process waste materials or to manufacture product from waste materials. Z:\CMO\2009 Council Agendas\M090526\S0905263.doc Staff Recommendation: Priority 3 Support IGR Committee: Priority 2 Oppose (1/2, Councilor Taylor, no second)) Councilor Taylor voted against supporting the bill on the grounds that she was concerned about creating new tax credits. 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 May 20, 2009, IGR Bill Report 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. May 20, 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\M090526\S0905263.doc ûèèûùôï÷îèû ûèèûùôï÷îèú IGR BILL REPORT MAY 20, 2009 REPORT DATE RANGE: MAY 5, 2009 thru MAY 11, 2009 CITY OF EUGENE HB 3436 Relating Clause: Relating to public assistance. Title:Requires Department of Human Services to verify legal presence in United States for applicants of public assistance Sponsored By:Representative THATCHER; Representatives ESQUIVEL, FREEMAN, GARRARD, GILLIAM, KRIEGER, MAURER, RICHARDSON, THOMPSON, WHISNANT, WINGARD, Senators BOQUIST, KRUSE, WHITSETT URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3436.intro.pdf Contact Respondent Dept Updated Priority Policy Policy No Recommendation Andy Fernandez JohnsonCS-CMO5/6/2009Neutral Comments:Although it may not directly impact COE services it is counter to our Human Rights ordinance and practice. City Human Rights staff do not support this bill. HB 3485 Relating Clause: Relating to tax treatment of waste materials. Title:Establishes tax credit for transportation of woody biomass from forest management operations to bio-fuel producer. Establishes tax credit for biomass electrical generation based on kilowatt hours of electricity produced. Establishes tax credit for purchase of equipment to collect or process waste materials or to manufacture product from waste materials. Directs State Department of Energy to conduct study of biomass facility sites in state. Sponsored By:Representatives SCHAUFLER, THOMPSON; Representatives BOONE, BRUUN, CAMERON, ESQUIVEL, GILLIAM, GILMAN, HANNA, HUFFMAN, KRIEGER, MAURER, OLSON, ROBLAN, SPRENGER, WHISNANT, WINGARD URL:http://www.leg.state.or.us/09reg/measpdf/hb3400.dir/hb3485.intro.pdf 1 Contact Respondent Dept Updated Priority Policy Policy No Recommendation PDD-BPS Ethan Nelson 5/11/2009Pri 3YesVII. A. 4aSupport HB 3485 provides tax credits for businesses to utilize waste resources that normally would Comments: be landfilled. While this legislation is focused on biomass utilization, this provision helps to provide additional incentives for currently marginal business opportunities such as recycled asphalt shingles incorporated into roadbed asphalt paving projects. This would have no fiscal impact on the City of Eugene operations, but would provide support to sustainable businesses. HB 2727A Relating to records of concealed handgun licenses. Relating Clause: { - Prohibits public body from releasing information that can be used to identify holder of Title: or applicant for concealed handgun license. Authorizes disclosure for criminal justice purposes and pursuant to court order. - } { + Exempts records and information that identify person as holder of or applicant for concealed handgun license from disclosure. Creates exceptions. Requires application for concealed handgun license to include information relating to exceptions. + } Representatives THATCHER, BARKER; Representatives BENTZ, BOONE, BRUUN, Sponsored By: 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 Sheriffs In Action) http://www.leg.state.or.us/09reg/measpdf/hb2700.dir/hb2727.a.pdf URL: Contact Respondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman E. Cushman5/8/2009Pri 2NoSupport Comments:No change of position or recommendation. The IGR Committee approved a Priority 2/support position on the original version of this bill (as well as the same position on HB 2764, another bill dealing with the same subject) at its 11 March meeting. HB 2727-A provides that, generally, information about concealed handgun licenses and 2 applications for such licenses is exempt from disclosure. It provides that such information may be released in response to a subpoena or court order, or in cases where there is a showing "by clear and convincing evidence that the public interest requires disclosure in the particular instance." The bill also allows the permit holder or applicant to submit information to the public body relevant to that decision. On the whole, we believe that this bill represents a balanced approach to this issue. HB 2857A 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. - } { + Directs Oregon Criminal Justice Commission to classify crime of felon in possession of firearm in certain circumstances as specific category crimes of sentencing guidelines grid. + } Sponsored By:COMMITTEE ON JUDICIARY URL:http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2857.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman E. Cushman5/8/2009Pri 3NoSupport Comments: HB 2953A Relating to bidding requirements for public improvement contracts. Relating Clause: Provides that contracting agency may reject bid for public improvement contract if bidder Title: does not demonstrate that bidder is responsible. { - Provides that bidder must demonstrate responsibility by showing that bidder has licenses that businesses and service professionals operating in this state must have in order to undertake work specified in public improvement contract and that bidder is covered by liability and other insurance in amounts required in solicitation documents for public improvement contract. - } { + Specifies manner in which bidder must demonstrate responsibility. + } Sponsored By:COMMITTEE ON BUSINESS AND LABOR 3 URL:http://www.leg.state.or.us/09reg/measpdf/hb2900.dir/hb2953.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Mike Penwell Mike Penwell CS-FAC5/8/2009Pri 3YesVIII. BSupport Comments:This is primarily a housekeeping bill that clarifies some of the language related to bidding on public improvement projects and clarifies the process for determining a responsible bidder. This bill will benefit the City on public improvements by raising the bar a bit on what a bidder must do to demonstrate responsibility. HB 3158A Relating Clause: Relating to broadband; appropriating money; declaring an emergency Title:Creates Oregon Broadband Advisory Council { + for purposes relating to broadband communication and technology + }. { + Establishes Oregon Broadband Advisory Council Fund. Continuously appropriates moneys in fund to council for purpose of carrying out duties. Directs council to submit report on broadband technology by November 1 of each even-numbered year to appropriate committee of Legislative Assembly. + } Declares emergency, effective on passage. Sponsored By:Representatives J SMITH, CLEM; Representatives DEMBROW, STIEGLER URL:http://www.leg.state.or.us/09reg/measpdf/hb3100.dir/hb3158.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Pam BerrianPam BerrianCS-ISD5/6/2009Pri 3YesIXSupport Continue Support, please. Amendments improve the bill, I believe. Thank you - PAM Comments: HJM 0022 Relating Clause: Requesting passage of the Local Law Enforcement Hate Crimes Prevention Act. Condemns acts of violence based on sexual orientation, gender identity and other personal Title: characteristics. Calls on public institutions to remain vigilant against such acts. Requests 4 passage of Local Law Enforcement Hate Crimes Prevention Act to aid state and local jurisdictions in investigating and prosecuting bias-motivated, violent crimes based on race, color, religion, national origin, gender, sexual orientation, gender identity or disability. Sponsored By:COMMITTEE ON RULES URL:http://www.leg.state.or.us/09reg/measpdf/hjm1.dir/hjm0022.intro.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Andy Fernandez JohnsonCS-CMO5/6/2009Support Even though this bill is directed to Federal legislation, it reinforces the work of the Human Comments: Rights Center, commission and is supported by staff. HJR 0013A Proposing revision of Oregon Constitution relating to bonded indebtedness; and requiring Relating Clause: approval by a two-thirds majority. Proposes { - amendment to - } { + revision of + } Oregon Constitution to exempt local Title: taxing districts from certain limitations on bonded indebtedness if bonded indebtedness is incurred to finance capital costs. { + Allows state to loan credit and incur specified amount of indebtedness to provide funds to school districts to finance capital costs. Specifies that indebtedness must be incurred in form of general obligation bonds. Specifies sources for repaying bonds. Creates school capital matching fund for purposes of financing school district capital costs and repaying bonds. Deletes provisions relating to school matching sub-account in education stability fund and outdated provision relating to transference of moneys from education stability fund. Transfers moneys in sub-account to school capital matching fund on specified date. Sunsets provision transferring moneys on January 2, 2011. + } Refers proposed { - amendment - } { + revision + } to people for their approval or rejection at next { - regular general - } { + primary + } election. Representative HUNT, Senator DEVLIN; Representatives BAILEY, BARTON, BOONE, Sponsored By: CANNON, DEMBROW, C EDWARDS, D EDWARDS, GALIZIO, HOLVEY, JENSON, KAHL, KOMP, READ, RILEY, ROBLAN, STIEGLER, THATCHER, VANORMAN, WEIDNER, Senator PROZANSKI http://www.leg.state.or.us/09reg/measpdf/hjr1.dir/hjr0013.a.pdf URL: ContactRespondent Dept Updated Priority Policy Policy No Recommendation Sue Cutsogeorge Sue Cutsogeorge CS-FIN5/5/2009Pri 3NoSupport 5 The original version of this bill would change the definition of what could be funded with Comments: General Obligation bonds to allow capital costs of assets having a life of more than one year, including equipping or repairing facilities (which is not currently allowed). The A version remains the same in this respect, so still a support position. The A version adds stuff about school bonds, which Larry Hill is reviewing. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Larry Hill Larry Hill CS-FIN 5/5/2009 Pri 3 Yes II Support HJR 13A, Paragraph 2, proposes to amend the Oregon Constitution to increase the level of Comments: debt the State would be allowed to incur through issuance of bonds for school capital construction. The money is to be used for matching grants with school district G.O. bonds. The amendment allows indebtedness to the extent of 0.5% of market value of property in the state. The bonds are to be backed with the full faith and credit of the State. However, the amendment specifically forbids the use of property taxation to repay the debt, instead directing the debt be repaid from other sources through a new fund created by HJR 13A. Current balance in a school capital sub-account plus redirection of the current 15% of lottery net proceeds that currently go to the school capital sub-account. The amendment would have no financial impact on the City of Eugene and would have a stimulus effect on Oregon's economy. Redirection of the lottery funds would have no impact on other state spending priorities because it is already assigned to school capital purposes. The prohibition on State property taxes provides assurance that property taxes are reserved for local jurisdictions. I recommend monitoring the measure. SB 0171A Relating to physical hazards to air navigation. Relating Clause: { - Requires person to get permit from Oregon Department of Aviation before constructing Title: object or structure that constitutes physical hazard to air navigation. - } { + Prohibits person from constructing object or structure that constitutes physical hazard to air navigation. Creates exceptions. Allows Director of Oregon Department of Aviation to adopt rules relating to mitigation of hazards to air navigation. + } Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in Sponsored By: conformance with pre-session filing rules, indicating neither advocacy nor opposition on the part of the President. (at the request of Governor Theodore R. Kulongoski for Oregon Department of Aviation) 6 URL:http://www.leg.state.or.us/09reg/measpdf/sb0100.dir/sb0171.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Cathryn Stevens Cathryn Stephens PW-APT 5/1/2009 Pri 2 Oppose Oppose unless amended. The bill still gives ODA power to determine hazards and permit Comments: hazards. This would be fine if it only pertained to ODA owned airports. Part 139 airports should be removed from this bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation Robert Tintle Robert Tintle PW-APT 5/6/2009 Comments:Defer to Cathryn Stephens who will respond SB 0570A Relating Clause: Relating to commerce in metal property. Title:Requires scrap metal business to create and maintain certain records of purchase or receipt of metal property or other transactions related to metal property. Prohibits scrap metal business from { - purchasing, receiving or conducting transaction related to - } { + purchasing or receiving + } certain types of metal property. Requires payment for purchase or transaction by check mailed to seller's street address { + no earlier than three days after date of transaction + }. 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 Oregon Criminal Justice Commission to adopt rules establishing disproportionate impact as aggravating factor for purposes of court imposing upward departure from presumptive sentence for conviction of theft in first degree or of aggravated theft in first degree. + } 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. Creates crime of unlawfully { - possessing - } { + transporting + } metal property. 7 Punishes by maximum of { - one year's imprisonment, $6,250 fine, - } { + 30 days' imprisonment, $1,250 fine, + } or both. Sponsored By:Senators ATKINSON, BATES, BONAMICI, BOQUIST, BURDICK, CARTER, COURTNEY, DEVLIN, DINGFELDER, FERRIOLI, GEORGE, GIROD, HASS, JOHNSON, KRUSE, METSGER, MONNES ANDERSON, MONROE, MORRISETTE, MORSE, NELSON, PROZANSKI, ROSENBAUM, SCHRADER, STARR, TELFER, VERGER, WALKER, WHITSETT, WINTERS, Representatives BAILEY, BARKER, BARNHART, BARTON, BENTZ, BERGER, BEYER, BOONE, BRUUN, BUCKLEY, CAMERON, CANNON, CLEM, COWAN, DEMBROW, C EDWARDS, D EDWARDS, ESQUIVEL, FREEMAN, GALIZIO, GARRARD, GARRETT, GELSER, GILLIAM, URL:http://www.leg.state.or.us/09reg/measpdf/sb0500.dir/sb0570.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation EPD-ADM Ellwood Cushman J. Shadwick 5/8/2009 Comments: ContactRespondent Dept Updated Priority Policy Policy No Recommendation PW-ADM Eric Jones Eric Jones 4/30/2009 Defer to Tom Larsen and Elwood Cushman for analysis of the changes in this version of Comments: the metal theft bill. ContactRespondent Dept Updated Priority Policy Policy No Recommendation PWM Tom Larsen Tom Larsen 5/1/2009 Pri 1 Yes V.C12 Support Comments:The amended bill makes many small changes to the original, most of which have a positive impact. Adding wire of the gauges we use for street lights to the list of metals covered and excluding aluminum beverage cans. Other changes like reducing the minimum ae to resell metal from 18 to 16 are more neutral. The only negative changes I find are reducing the period after conviction for several crimes, during which a person is prohibited from selling certain metals and shortening the period in which checks must be sent from 10 days to 3 days. While these changes weaken the bill, they are not so serious as to reduce our support. I would defer to Ellwood for a law enforcement perspective on any changes to the investigation and prosecution aspects of the bill. All the important aspects of the bill remained in place. 8 SB 0607A Relating Clause: Relating to outdoor advertising signs Title:{ - Prohibits use of certain lighting on signs viewed by traveling public on certain highways. Directs local government to impose fines for violation. - } { + Provides that city or county may not prohibit replacement of existing outdoor advertising sign if sign meets specified criteria. Prohibits Department of Transportation from issuing permit to replace sign unless person seeking permit submits certification by city or county that sign complies with criteria. + } Sponsored By:SENATOR Hass URL:http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0607.a.pdf ContactRespondent Dept Updated Priority Policy Policy No Recommendation Mike McKerrow PDD-BPS Mike McKerrow 5/7/2009 Pri 2 No Oppose This new bill would prohibit the City from phasing out legal nonconforming billboards Comments: over time. The City no longer uses an amortization deadline to remove billboards that are too large or tall. Instead, when those billboards reach the end of their structural life, they must be replaced with billboards complying with current sign standards. The criteria under Section 2, allows them to be rebuilt at the previous standard, never coming into compliance. In summary, if this bill passes as worded, all legal nonconforming billboards could be rebuilt perpetually. 9