Item 3: Discuss and Approve Non-Unanimous IGR Positions

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Char Mauch CS-MUNI 3/17/2009 Pri 2 Oppose Comments: Municipal Court opposes the bill due to the requirement to sentence mandatory jail time due to the lack of jail space in Lane County. If the bill is revised to remove this sentencing requirement, Municipal Court would drop and defer to EPD. ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman D. Schulz EPD-ADM 3/17/2009 Pri 2 No No Oppose Comments: **Oppose as written; support if appropriately amended** While we support the general concept behind this bill, we have concerns about two provisions which would cause us to recommend opposing it unless amended to mitigate these issues. In general, the bill creates a process similar to one that was successfully used a number of years ago---providing a method to increase the likelihood of detecting suspended drivers by placing identifying stickers on the license plates of a vehicle which a person was operating who was cited or arrested for driving with a suspended or revoked driver's license. (The stickers under the old program were placed over the plate's renewal sticker and had black and white stripes, with the result that they became informally known as "zebra stickers.") Seeing a vehicle displaying such a sticker allows a police officer to stop the vehicle to determine if the driver is suspended. After an officer has placed the stickers on the vehicle, taken the registration, and turned it in to DMV, there follows an administrative process by which DMV determines whether the person cited is a registered owner of the vehicle. If so, the vehicle's registration is cancelled until the person's driving privileges are reinstated or until another person registers the vehicle; if the driver was not an owner of the vehicle, the vehicle owner can pay a fee and have a new registration and renewal stickers issued. (If the officer erred, and the driver was not suspended, the new registration and stickers are issued without charge to the vehicle's owner.) First, we concur with Muni Court that the mandatory jail sentences contained in Sections 13 and 14 should be removed, both from a standpoint of practicality, and because they limit judicial discretion. Second, we disagree with the fact that the bill mandates that, if a police officer arrests or cites a person for operating a vehicle with a suspended or revoked driver's license, the officer must initiate the procedure outlined in the bill. There are obviously times that officers must limit the time they spend on traffic stops so that they can get back into service and respond to calls. Making the process described in the bill mandatory means that, if the officer does not have the time to go through the entire process, s/he cannot cite or arrest the person for driving with a suspended/revoked DL. This obviously runs counter to what the bill is intended to accomplish. If the bill were amended to address these concerns, we would support the bill. SB 0833 Relating Clause: Relating to tort liability for land use errors by public body. Title: Eliminates requirement for special relationship to establish liability of local government for economic injuries incurred by person acting in good faith reliance on negligent misrepresentation by local government of effect of comprehensive plan and land use regulations. Sponsored by: Senators ATKINSON, GEORGE URL:http://www.leg.state.or.us/09reg/measpdf/sb0800.dir/sb0833.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom Steve Nystrom PDD-ADM 3/18/2009 Comments: 54