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introduced on behalf of the American Civil Liberties Union, and staff recommended a position of Priority 2, <br />Oppose. <br /> <br />Ms. Taylor moved to change the City’s position on the bill to Monitor. The motion died for <br />lack of second. <br /> <br />Ms. Wilson asked what Ms. Taylor wanted staff to monitor the bill for. Ms. Taylor said she thought the <br />City should actually support the bill. <br /> <br />Mr. Cushman said the bill had fiscal impacts on the City. While he supported the retention of DNA <br />evidence because of its role in exonerating or convicting individuals of a crime, Mr. Cushman said the <br />retention periods called for by the bill were very long and almost everything was required to be stored. He <br />noted that Section 2 of the bill called for a task force, which Mr. Cushman did support. He suggested there <br />was a point of diminishing returns to consider but the bill did not address that. <br /> <br />Ms. Ortiz believed that the current evidence process was already well-monitored and she supported the staff <br />recommendation. She also supported the task force. Mr. Poling agreed. He thought the nature of the <br />unfunded mandates imposed by the bill also needed to be considered. <br /> <br />Ms. Taylor was willing to drop the issue but was concerned about victims, particularly rape victims. <br /> <br />Ms. Wilson confirmed that the committee would keep the oppose position staff recommended, but that they <br />supported the creation of the task force called for by the bill. <br /> <br />HB 387 <br /> <br />Ms. Wilson said the bill would create the offense of smoking in a motor vehicle while a person under the age <br />of 16 was in the vehicle. The fine would be capped at $50. The bill was introduced by Senator Bill <br />Morrissette. She said that staff recommended a position of Priority 3, Oppose. She reminded the committee <br />that the council recommended a neutral position on a similar bill, HB 2385 which created an offense for <br />smoking in a vehicle when someone under the age of 17 was in the vehicle, and created escalating penalties. <br /> <br />Mr. Cushman said staff opposed the bill because it contained language related to secondary violations. He <br />said if something was against the law, the police should be able to enforce it; otherwise, such things should <br />be in the health code. He said that effect of the bill was to guarantee that someone would get a ticket to <br />ensure there was justification for a stop. He said in addition, the law could be enforced against a passenger, <br />but the driver would receive the ticket to establish the basis for the stop. <br /> <br />Mr. Poling concurred with Mr. Cushman. While he acknowledged that smoking was bad, he believed such <br />laws infringed on people’s personal choices. <br /> <br />There was no change to the staff recommendation. <br /> <br />Senate Joint Resolution 1 <br /> <br />Ms. Wilson said the resolution urged the governor to withhold deployment of the National Guard to Iraq or <br />Afghanistan. In order for the resolution to reach the governor’s desk, it must be passed by both the House <br />and the Senate. <br /> <br /> <br /> <br />MINUTES—Council Committee on Intergovernmental Relations February 11, 2009 Page 6 <br />