Item 3: Discussion and Approval of IGR Positions

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Eugene’s power profile includes a nominal amount of high GHG emitting generation sources; therefore there may be a slight rate increase over time for any purchases of coal fired power. The City of Eugene should support HB 3064 and SB 101. HB 3399 Relating to vehicular homicide. Relating Clause: Creates crime of vehicular homicide. Punishes by maximum of five years' imprisonment, Title: $125,000 fine, or both. Directs police officer responding to accident in which person is seriously injured or killed to administer tests to operators of vehicles involved to determine if operators were under influence of intoxicants. Makes results of tests admissible at trial for vehicular homicide. Makes refusal of test admissible at any court proceeding or trial. Representative READ; Representatives BARKER, RILEY, Senators BONAMICI, HASS Sponsored by: (at the request of Mary ODonnell) http://www.leg.state.or.us/09reg/measpdf/hb3300.dir/hb3399.intro.pdf URL: ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman M. Gilbert EPD-ADM 4/13/2009 Pri 3 Yes YesV. C7 Neutral Comments: ***Neutral as written; support if appropriately amended*** We appreciate that this bill is attempting to improve the ability to hold those accountable to violate traffic laws and kill or seriously injure others. However, we have concerns about Section 3 of the bill as written. First, this section mandates a police officer "administer tests" to every driver of a vehicle involved in a traffic crash which kills or seriously injured someone to determine whether that driver was driving under the influence of intoxicants. First, we have traditionally opposed laws that require, rather than permit, officers to take specific actions. Second, the wording does not specify what "tests" must be done. Unless this provision were made more specific, or supplemented by administrative rule, it is not clear to police officers what is expected, let alone members of the public. Third, we believe that this section will most likely be subject to challenges based on whether or not it is constitutional. We strongly support Section 2 of the bill, which creates a crime of vehicular homicide for a situation in which a driver is involved in a traffic crash that kills someone and that driver was driving while impaired, was driving without driving privileges, or was driving without insurance. In any of those situations, if the driver had not been driving in violation of the law, someone would still be alive. Therefore, we strongly support being able to hold such individuals accountable. We recommend that Section 3 be removed from the bill or be revised to address the concerns we have expressed. If this is done, we would support the bill. HB 2426A Relating to penalties for driving while under the influence of intoxicants. Relating Clause: Imposes minimum fine of $2,500 { - and mandatory imprisonment - } for person Title: convicted of driving while under influence of intoxicants if person had { - 0.20 - }{ + 0.15 + } percent or more by weight of alcohol in blood of person at time of offense. COMMITTEE ON JUDICIARY Sponsored by: http://www.leg.state.or.us/09reg/measpdf/hb2400.dir/hb2426.a.pdf URL: ContactRespondentDept Updated Priority Policy Poli Numb Recommendation E. Cushman M. Gilbert EPD-ADM 4/14/2009 Pri 3 Yes YesV. C7 Support Comments: 5