Item 5: Action: Discussion and Approval of Non-Unanimous IGR Positions

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CITY OF EUGENE IGR BILL REPORT FEBRUARY 25, 2009 HB 2103 Relating Clause: Relating to DNA (deoxyribonucleic acid) samples Title: Requires law enforcement agency to take DNA sample of person arrested for felony. Requires destruction of sample, upon person's request, if arrest leads to acquittal, dismissal, reversal of conviction or expiration of statute of limitations. Sponsored by: at the request of former Representative Donna Nelson URL:http://www.leg.state.or.us/09reg/measpdf/hb2100.dir/hb2103.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact E. Cushman C. Tilby EPD-ADM 2/13/2009 Pri 3 No Oppose Comments: **Oppose as written; neutral if properly amended** This bill would require that a DNA sample be taken from a person arrested for a felony unless there was a sample already on file, or if taking the sample would result in a "substantial and unreasonable risk to the health of the arrested person." The provision of this bill which we believe to be unworkable is Section 3(8)(a)(C). It appears to require, in every felony arrest where such a sample is taken and the statute of limitations runs out without prosecution being commenced, that the DA's Office provide a "sworn affidavit" to OSP within 90 days of the expiration of the statute of limitations advising that the authority to retain the sample has ended. This appears to be a requirement whether or not the person arrested has requested that the sample be destroyed. This would create a very significant workload for already-overburdened DA's offices, and would be very costly. If this bill is to move forward, it is our position that this provision needs to be eliminated, or at least limited to situations where this is only required when the person arrested makes the request as part of a request to have the DNA sample destroyed. If this amendment were made, we would be neutral on the bill. We agree with the concept of taking these DNA samples, but recognize that this process would have the potential to significantly increase expenses for law enforcement agencies, particularly OSP, in this time of fiscal austerity. HB 2396 Relating Clause: Relating to public borrowing for West Eugene EmX Extension; appropriating money; declaring an emergency. Title: Authorizes issuance of lottery bonds to finance extension of bus rapid transit system in west Eugene. Creates West Eugene EmX Extension Fund. Continuously appropriates moneys in fund to Economic and Community Development Department. Directs department to use moneys in fund to finance costs incurred by Lane Transit District to establish West Eugene EmX Extension. Declares emergency, effective July 1, 2009. Sponsored by: Representatives C EDWARDS, HOLVEY URL:http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2396.intro.pdf RespondentDept Updated Priority Policy Poli Numb Recommendation Contact Rob Inerfeld Rob Inerfeld PWE 2/12/2009 Pri 2 Yes III. A Support Comments: This bill would provide a key component of funding for the West Eugene EmX Extension. The West Eugene EmX Extension will be the third leg of a regionwide bus rapid transit system following the successful Franklin Boulevard section and the Pioneer Parkway EmX currently under construction in Springfield. EmX is a key component of regional transportation and land use policies to reduce reliance on the automobile and encourage more compact development patterns. The lottery bond approach was successfully used by the Portland region to fund new 1