Legislative Policies for the 2007 Oregon Legislative Session

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City of Eugene Legislative Policies for 2007 Oregon Legislative Session City of Eugene Legislative Policies for 2007 Oregon Legislative Session IX. GENERAL GOVERNMENT D. LIQUOR LICENSING To sustain safe, livable neighborhoods, local government recommendations regarding the issuance of liquor licenses should have greater weight when the Oregon Liquor Control A. BUSINESS LICENSING Commission acts on license applications. Adverse recommendations bylocal Cities should be able to license business activities which are not already regulated by the governments should have "presumptive" effect, meaning that a liquor license applicant State in order to promote public health and safety. Cities also must be able to charge would have to show good cause to overcome an adverse recommendation from a city. sufficient fees to recover regulatory costs. Cities should retain the right to regulate activities when State regulations are insufficient to address local community concerns. For Prior to 1988, adverse local government recommendations regarding issuance of liquor example, the City of Eugene regulates a limited number of business activities such as taxi licenses did have a presumptive effect. The Oregon Liquor Control Commission (OLCC) service and sidewalk vending in order to safeguard the public's health, safety and welfare. defined presumptive effect as meaning that once an applicant received an adverse recommendation based on OLCC approval criteria, the OLCC would not issue a license B. CONTRACTING unless the applicant was able to show good cause that outweighed the local The City supports fair and open procedures in awarding contracts with the flexibility to recommendation. respond to local conditions and resources, including costs of monitoring the contracts and the availability of competent suppliers to ensure competitive bidding. In 1988, the Attorney General issued an opinion stating that OLCC licensing criteria concerning a local governing body endorsement was invalid; that by giving presumptive The City supports modifying Qualified Rehabilitation Facilities (QRFs) statutes to exempt effect to adverse local government recommendations, the commission was delegating its security employment from the areas QRFs are awarded selection preference. licensing authority to local governments unlawfully. The OLCC deleted the language and current language now states: "Local government, other government agencies, The City supports legislation that will promote local sustainability by permitting purchasing organizations, facilities or individuals may give the Commission reliable factual information and contracting by public entities to be awarded based on sustainable criteria such as concerning whether there is a basis to grant or deny a license or to impose license "locally grown or produced" and "family wages with benefits." restrictions C. LABOR Creating (or re-establishing) a presumption against a license when an unfavorable C1. Local Control of Wages, Benefits and Employment Practices recommendation is forwarded by a local jurisdiction should be pursued. Such a change in The City will oppose legislation that restricts or diminishes the rights of local governments the statutes would allow local governing bodies a greater role in the licensing. process. to exercise local control over benefits, wages and employment practices, whether those Local recommendations would carry greater weight; while OLCC would play more of a restrictions come through policy or the collective bargaining process. The City will oppose reviewing role and would maintain statewide criteria, thus maintaining consistency in adding any more groups or categories of employees to those already eligible to receive licensing matters across the state.. police and firefighter benefits. By applying a local government recommendation as a presumption, more of a burden C2. Adequate Benefits Levels would be placed on the licensee to Show good cause to overcome the recommendation. The City supports the provision of public employee benefits that are consistent with formal The local government recommendation would be based on a set of conclusions applying needs assessments andlor actuarial studies establishing standards of adequacy. Benefits the criteria developed by the OLCC to the facts, as determined by the local government. exceeding such standards should be provided at the discretion of individual employers, and should not be mandated. Recommendation ~ Support legislation providing local governments with presumptive effect regarding C3. Deference to Voluntary Negotiations the issuance ofliquorlicenses. Resolution of employment disputes through voluntary agreement between the parties is preferred to procedures which impose settlements by a third party. E. LIBRARY E1. Senate Interim Task Force on Library Cooperation C4. Installation of Electrical Equipment The City has an interest in partial funding to provide library resources to all Eugene The City supports expanding the existing exemption afforded to cable television residents through a variety of State programs including Oregon LINK and the Net Lender companies from electrical permit and licensing requirements to include all forms of Reimbursement program. The City will closely monitor legislative proposals to modify or communications cable (e.g., coaxial and fiber optic). These types of installations do not create new systems of library cooperation at the State level. require the knowledge, skills and abilities represented by a commercial electrician's E2. Freedom of Expression/Free Access toldeas license. Cities should not be required to pay the associated fees and expenses of using The City will closely monitor legislative. proposals that may have the effect of restricting licensed electricians to install telephone and computer cable and equipment. These freedom of expression or access to ideas. presented in literature and art, with a view requirements do not result in improved personnel or building safety. toward ensuring that both State and U.S: Constitutional guarantees of these freedoms are not eroded. 40 41