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

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interview---even if the subsequent statement was totally voluntary and recorded---except in very limited circumstances (such as statements in open court). We oppose the recording requirement because it adds one more significant requirement to things that police must do to in order to have statements made during an interview be admissible. Heretofore, courts have established standards that attempt to ensure that the statements of the defendant are voluntary, and that the defendant is aware of his/her rights: Miranda warnings are required for custodial interrogations, and courts make a determination as to whether the statement was voluntary. This bill would create a standard that does not get at either of these central issues, and makes a statement inadmissible, even if it meets the existing tests for reliability and voluntariness, if it was not recorded. Although there are some narrow exceptions listed in the bill under the definition of “good cause”, some of these are not workable. One exception is provided if the defendant refuses to have the interview recorded; however, if that occurs and the defendant later alleges that he did not refuse, it is his word against the police officer’s, and based on the language of this bill the court could opt to exclude the statements s/he made. SB 0373 Relating Clause: Relating to orders to withhold. Title: Provides that obligor and obligee under support order may bring civil action for damages against employer or other person who withholds money under order to withhold, but who fails to pay withheld amounts within time allowed by law. Eliminates cap on amounts of damages that may be recovered by obligee in action against withholder by reason of failure to withhold or pay. Sponsored by: By Senator BONAMICI; Senator MORSE, Representatives BERGER, HARKER (at the request of Brett Arvidson) URL:http://www.leg.state.or.us/09reg/measpdf/sb0300.dir/sb0373.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Finn Cronin CS-FIN 2/13/2009 Pri 2 No Oppose Comments: As written the amended bill would eliminate the cap on the amount of damages that may be recovered. Without a cap in place to limit the amount of damages that the recipient may seek, the City could potentially be dragged into legal arguments in instances where the recipient is claiming unrealistic damages that are in excess of the original cap. SB 0440 Relating Clause: Relating to taxation; prescribing an effective date. Title: Removes requirement that 70 percent of revenues from new or increased local transient lodging tax be used to fund tourism promotion or tourism-related facilities. Applies to local transient lodging taxes imposed on or after effective date of Act. Takes effect on 91st day following adjournment sine die. Sponsored by: COMMITTEE ON FINANCE AND REVENUE URL:http://www.leg.state.or.us/09reg/measpdf/sb0400.dir/sb0440.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Larry Hill Larry Hill CS-FIN 2/12/2009 Pri 2 Yes II Support Comments: SB 440 would provide flexiability in the use of revenue from any marginal increase in the Transient Room Tax rate. Under Eugene's current rate each transient pays a tax of 4.5% of the rent charged by the operator for the occupancy. The tax is paid to the operator of the hotel at the time the rent is paid; the operator remits the tax to the City. Net proceeds from the current trainsient room tax may be expended only for the acquisition, construction, operation, and maintenance of recreational, cultural, convention and tourist related facilities and for recreational, cultural, convention and tourist related services. 10