Item 3: Ratification of IGR Actions

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SB 0319 Relating Clause: Relating to operating a motor vehicle while using a mobile communication device. Title: Prohibits person of any age from operating motor vehicle while using mobile communication device. Provides exceptions. Sponsored by: Senator DINGFELDER URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0319.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Tony Jobanek PWM 1/27/2009 Pri 3 Oppose Comments: Agree with comments from Eric Jones that use of a two way radio system by Public Works departments are not included in the exemptions. This type of communication equipment is essential in performing daily job functions and during adverse weather operations. Need clarification on what constitutes and "emergency vehicle" in the bill. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman E. Cushman EPD-ADM 1/30/2009 Pri 3 Yes YesV. C7 Oppose Comments: We concur with Eric's analysis. This bill, which is similar to SB 329, would apply to two- way radios used in both the public sector (e.g., public works) and the private sector, although this may not be what the bill is targeting. Any police or fire vehicle that meets the definition of an "emergency vehicle" (ORS 801.260) would be exempt; however, the operators of any that do not would also be prohibited from using a two-way radio. One thing that the bill does that we do agree with is to delete the portion of the current version of ORS 811.507 which treats it as a secondary violation (enforceable only when the person has been stopped for another offense). ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Eric Jones Eric Jones PW-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose Comments: As drafted by Sen. Dingfelder, SB 319 would appear to include two-way radios under the definition of "mobile communication device." Public Works vehicles are not exempted from the bill. Therefore, Public Works employees would not be permitted to operate two- way radios or cell phones, even when responding to critical calls and weather emergencies. (see also SB 329) I defer to Tony Jobanek, as fleet manager, to determine the feasibility of installing hands- free phone and radio equipment in City fleet vehicles, particularly those assigned to operational patrols (e.g., sweepers, dump trucks, etc.). I defer to Ellwood Cushman to respond to the law-enforcement aspects of this bill. Based on the above analysis, Public Works recommends a position of priority 3 opposed, unless the bill is amended to address these concerns. This is consistent with the legislative position taken on HB 2645 in the 2007 legislative session. SB 0329 Relating Clause: Relating to use of mobile communication device while driving. Title: Prohibits operation of motor vehicle while using mobile communication device except under certain circumstances. Authorizes suspension of driving privileges for repeat offenses. Sponsored by: Senator BURDICK URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0329.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Tony Jobanek PWM 1/27/2009 Pri 3 Oppose Comments: 17