Item 3: Ratification of IGR Actions

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IGR BILL REPORT February 11, 2009 CITY OF EUGENE HB 2319 Relating Clause: Relating to persons with disabilities Title: Changes unlawful discrimination laws that determine if individual is person with disability to be more similar to federal Americans with Disabilities Act. Sponsored by: at the request of House Interim Committee on Judiciary for Oregon Advocacy Center URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2319.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Andy Fernandez CS-CMO 1/15/2009 Pri 3 No No Support Comments: This could make the interpretation of disability law and standards easier if ORS were in line with the ADA regs. HB 2377 Relating Clause: Relating to use of mobile communication device while driving. Title: Prohibits person of any age from operating motor vehicle while using mobile communication device except under certain circumstances. Sponsored by: Representative TOMEI URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2377.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E. Cushman EPD-ADM 2/2/2009 Pri 3 Yes YesV. C7 Oppose Comments: We concur with the concerns expressed in Eric Jones' analysis of SB 329, which is identical with this bill. This bill (which is also similar to SB 319) would apply to, and limit the use of, two-way radios 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 standard 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, this bill 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 319, SB 329, HB 2038) 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. 1