TO: Mayor and City Council
THROUGH:
FROM: City Council Legislative Committee
SUBJECT:
title
City’s legislative activities during the 2018 session of the Oregon State Legislature.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
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ISSUE:
End of 2018 Legislative Session report.
RECOMMENDATION:
recommendation
Information only.
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SUMMARY AND BACKGROUND:
On January 8, 2018, in anticipation of the 35-day legislative session set to begin in February 2018, the Council adopted a set of legislative policy statements (Attachment 1). The policy statements provided guidance to public officials and the City's contracted lobbyist in responding to and formulating positions on issues expected to come before the Oregon Legislature, and positioned the City to respond more expeditiously to moving legislation. The statements address broad topics of economic development, financing and revenue, human resources, land use, telecommunications, public safety, land use and the environment.
FACTS AND FINDINGS:
The City Council’s Legislative Committee met twice in February 2018 to consider positions on bills before the Legislature. The Council’s Legislative Committee is comprised of Mayor Bennett and Councilors Andersen, McCoid and Nanke. Councilor Kaser serves as an alternate.
Through the work of City Council’s Legislative Committee and the City’s contracted lobbyist, Perseverance Strategies, Inc. the City tracked more than 40 pieces of legislation. Of these, six bills were of high priority. Bills determined to be of significant interest by the City Council’s Legislative Committee were recommended to Council for adoption as a 1 or 2 priority based on the following assessment:
1. Very High Priority - Major fiscal or policy impact. Mayor, councilors, and/or staff should work to support or oppose the bill.
2. High Priority - Moderate Impact. Staff should be involved in supporting or opposing the bill.
Perseverance has provided the attached 2018 Legislative Session summary (Attachment 2), which describes the Legislative Session, in general, and features a brief summary of key issues of interest this session.
For this short session, in an effort to be more responsive and nimble, the City Council delegated the authority to adopt official City positions on legislation to the Council Legislative Committee. The outcome of the City’s six priority bills are shown below:
HB 4009
Relating to juvenile dependency proceedings; declaring an emergency.
Heightens standard for taking child into protective custody without court order.
HB 4009 would generally require a Police officer to obtain a court order before a child, found in an unsafe or dangerous environment, could be taken into protective custody. Officers may be the first responder in many situations which may be harmful to children. This requirement of a court order prior to being taken into protective custody could result in children remaining in an unsafe or dangerous environment, or being moved from the site while a protective order is being sought.
City of Salem position: Oppose, 1
As of February 16, 2018, HB 4009 was amended to remove the pre-requisite court order prior to taking a child into protective custody. With this element of the bill removed, the City no longer is opposed to the HB 4009.
HB 4120
Relating to transient lodging taxes; prescribing an effective date.
Expands definition of "transient lodging intermediary" to include person that collects consideration for occupancy of transient lodging and person that receives fee or commission and requires transient lodging provider to use specified third-party entity to collect consideration for occupancy of transient lodging.
HB 4120 would create consistency with the City's code regarding Transient Occupancy Tax (TOT) and could increase compliance from intermediaries.
City of Salem position: Support, 2
House Bill 4120 passed.
SB 1531
Relating to law enforcement officers.
Requires law enforcement officers to meet with mental health professional.
SB 1531 would require police officers to meet with a mental health professional at least once every two years. Salem offers an extensive benefit program, including an Employee Assistance Program, and makes other services available to officers through a Trauma Team. This unfunded mandate would have a significant effect on productivity, create scheduling conflicts, and increase cost of providing service to our community through over time required to be at full staffing and cover off-duty appointments.
City of Salem position: Oppose, 2
Senate Bill 1531 was in committee upon adjournment.
SB 1536
Relating to mass transit districts.
Provides that directors of certain mass transit districts be appointed by Governor instead of elected.
SB 1536 is the re-introduced Senate Bill 10 from last session (which provides more options for transit agencies to finance construction, acquisition, purchase, lease, operation and maintenance of a mass transit system and related facilities) with one modification: to not remove the restrictions on methods of financing until 2024.
City of Salem position: Support, 1
Salem provided oral testimony in support of this bill. Senate Bill 1536 passed and has been signed by the Governor.
SB 1566
Relating to employer contributions to the Public Employees Retirement System; prescribing an effective date.
Establishes Employer Incentive Fund.
SB 1566 could allow the City to establish a cash funded side account to offset Public Employee Retirement System (PERS) employer rates. It is not clear if the City would meet the qualifications to incentive match in the first 180 days. To qualify in the first 180 days the employer must have an unfunded actuarial liability of more than 200 percent of payroll, it does not specify if this is before or after applying current side account. The City would qualify if it was before side accounts were applied. The bill has the potential to reduce state shared marijuana and alcohol (Cider and malt beverage privilege tax) revenue as it is currently written. The bill takes any excess revenue over the state estimates and moves it to the Employer Incentive Fund, (PERS) employer rates. It is not clear if the City would meet the qualifications to incentive match in the first 180 days. To qualify in the first 180 days the employer must have an unfunded actuarial liability of more than 200 percent of payroll, it does not specify if this is before or after applying current side account. The City would qualify if it was before side accounts were applied. The bill has the potential to reduce state shared marijuana and alcohol (Cider and malt beverage privilege tax) revenue as it is currently written. The bill takes any excess revenue over the state estimates and moves it to the Employer Incentive Fund, whereas if it was to be distributed as is currently in statute, the City would receive a share.
City of Salem position: Support, with amendments, 2
As of February 16, 2018, SB 1566 was amended to remove Salem's concern about potential reductions in State shared revenues. With this provision clarified, Salem is supportive of SB 1566 without the need for further amendments. Senate Bill 1566 passed with amendments.
HB 4092
Establishes standards for expansion of state airport on land zoned for exclusive farm use
HB 4092 deviates from standard Oregon land-use and public-process laws to permit, among other provisions, extension of the runway at the Aurora State Airport without going through the otherwise required land use and public processes. This will result in unfair competition with adjacent jurisdictions and make further development on or near Salem's municipal airport all the more challenging. It will also likely drive forward the inclusion of this Airport/French Prairie area into the UGB, which could lead to future political and process fallout that may very well complicate any possible future UGB expansion efforts.
City of Salem position: Oppose, 1
Salem submitted written or provided oral testimony in opposition of this bill. House Bill 4092 was in committee upon adjournment.
Courtney Knox Busch
Strategic Initiatives Manager
Attachments:
1. 2018 Salem Legislative Policy Statements
2. City of Salem, 2018 Session Overview, as submitted by Perseverance Strategies, Inc.