Item 2A: Approval of City Council Minutes

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House Bill 2385 Ms. Wilson reported that this bill would prohibit smoking in a vehicle while a person aged 16 and under was also in the vehicle, with a maximum fine of $90 for the first offense, $180 for the second offense, and $360 for any subsequent offense. She said the staff person commenting on the bill was Police Lieutenant Derel Shulz and he recommended a Priority 3 Neutral. She related that he felt that though this was good policy it would be difficult to enforce. She stated that Councilor Taylor had moved to adopt a Priority 3 Support for the bill and her motion died for lack of a second. She noted that the bill had received a hearing but had not yet received a work session. She also noted that the Oregon Police Association had agreed that the law would be difficult to enforce, but their position was that as with the seatbelt law there would be a high rate of people who would follow the law simply because it was the law. House Bill 2239 Ms. Wilson stated that the bill would fill any loophole that now did not allow for a fine if a person refused a blood or urine test under the Motorists Implied Consent Law. She said there currently was a fine for refusing to take a breathalyzer test. She related that Policy Analyst for the Eugene Police Department, Ellwood Cushman, had reviewed the bill and recommended adopting a Priority 3 Support. Councilor Taylor had moved to change this to a Priority 3 Oppose and this had resulted in a 2:1 vote. She noted that the bill had come from the Governor’s Task Force on DUII and the Mothers Against Drunk Driving had testified in support of it. She said the only opposition to the bill had come from the Oregon Criminal Defense Lawyers Association, which had indicated that they took no issue with the refusal of the urine test but they did have an issue with requiring blood testing. She related that their feeling was that people in the hospital might not be in the best condition to give that type of consent. She said the Oregon State Police (OSP) had reported that in the past year there had been 215 blood test refusals and 415 urine test refusals. She added that the OSP noted that criminal defense lawyers often recommended to clients that they refuse those tests and most of the people being asked to provide these tests were repeat offenders. House Bill 2384 Ms. Wilson said this bill would require the Oregon Justice Commission to administer collaboration grants for local Public Safety Coordinating Councils (PSCCs). She explained that it would require them to administer the grants to encourage collaboration between local agencies and organizations involved in the criminal justice system, noting that the grants would not exceed $100,000. She related that to qualify there would have to be an inter-agency project that would utilize a collaborative approach to solve a problem of local public safety concerns. She said the bill had been sponsored by Representative Nancy Nathanson. The staff person providing the recommendation had been Police Chief Pete Kerns and he recommended a Priority 3 Support. She reported that Councilor Taylor had moved to change this to Priority 3 Oppose and her motion had died for lack of a second. She noted that there had not been a hearing for the bill yet. Councilor Zelenka, seconded by Councilor Clark, moved to ratify the Intergovernmental Relations Committee’s unanimous actions on bills and approval of staff recommendations in the January 28, and February 4, 2009, Intergovernmental Relations Bill Reports for bills not pulled for discussion at those meetings. Roll call vote; the motion passed unanimously, 8:0. Councilor Poling expressed a preference for addressing the bills one at a time in future council meetings, rather than having Ms. Wilson highlight them all. He also asked that she explain what the levels of priority meant. MINUTES—Eugene City Council February 9, 2009 Page 6 Regular Meeting