HOUSE COMMITTEE ON JUDICIARY

February 5, 2003 Hearing Room 357

1:00 p.m. Tapes 23 - 24

MEMBERS PRESENT: Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

MEMBER EXCUSED: Rep. Lane Shetterly

STAFF PRESENT: Bill Joseph, Counsel

Ann Martin, Committee Assistant

MEASURE/ISSUES HEARD: Measure Introduction—LC 1291, 1374, 1588, 1588-1

Informational Meeting-Jeff Tryens, Oregon Progress Board

HB 2098 Public Hearing and Work Session

HB 2103 Public Hearing

HB 2426 Public Hearing

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
Tape 23, A
005	Chair Williams	Calls the meeting to order at 1:07 p.m.
012	Bill Joseph	Committee Counsel. Introduces Legislative Counsel drafts, LC 1291, 1374, 1588, 1588-1 (EXHIBITS A-D).
046	Chair Williams	MOTION: Moves LC's: 1291, 1374, 1588, 1588-1 BE INTRODUCED as committee bills.
		VOTE: 8-0-1 EXCUSED: 1 - Shetterly
048	Chair Williams	Hearing no objection, declares the motion CARRIED.
INFORMATIONAL MEETING—Orientation of Oregon Progress Board & Benchmarks
060	Jeff Tryens	Executive Director, Oregon Progress Board. Presents developments of the Oregon Progress Board (EXHIBIT E).
110	Tryens	Explains that the Progress Board sets targets for where they want to be in the future.
163	Tryens	Discusses crime rates in Oregon.
216	Tryens	Notes that Oregon has a high arrest rate compared to other states.
279	Chair Williams	Comments that he served on the Progress Board and talks about comparison of data.
354	Tryens	States that Oregon is substantially under the U.S. average for serious crimes involving youth.
455	Chair Williams	Discusses final Rand Report soon to be published that studied the impact of Measure 11.
TAPE 24, A
004	Tryens	Continues his presentation on the Oregon Progress Board.
115	Rep. Ackerman	Asks about Oregon’s Child Support Guidelines.
210	Tryens	Discusses improvements in Oregon’s statistics on controlling crime and controlling drugs.
309	Chair Williams	Opens a public hearing on HB 2098.
HB 2098 PUBLIC HEARING
311	Bill Joseph	Committee Counsel. Introduces HB 2098 which prohibits the use of Oregon address in charitable solicitation unless nonprofit beneficiary of solicitation maintains Oregon office or solicitation discloses actual headquarters address of nonprofit beneficiary and that Oregon address is mail drop.
332	Ross Laybourn	Assistant Attorney General. Submits testimony and testifies in support of HB 2098 (EXHIBIT F).
TAPE 23, B
003	Laybourn	Continues his testimony in support of HB 2098.
067	Chair Williams	Asks for clarification of the process.
096	Rep. Macpherson	Wonders if public safety related causes have the most activity in this situation.
107	Laybourn	Answers that most of this solicitation is telephone solicitation. Adds that the most popular involve law enforcement, firefighting organizations, veterans’ organizations and those relating to childrens’ causes.
120	Chair Williams	Closes the public hearing on HB 2098 and opens a work session on HB 2098.
HB 2098 WORK SESSION
135	Rep. Jenson	Comments that he thinks this will be a difficult law to enforce, but says that he supports the bill.
145	Chair Williams	Discusses the bill.
160	Rep. Jenson	MOTION: Moves HB 2098 to the floor with a DO PASS recommendation.
		VOTE: 8-0-1 EXCUSED: 1 - Shetterly
162	Chair Williams	Hearing no objection, declares the motion CARRIED. PROZANSKI will lead discussion on the floor.
168	Chair Williams	Closes the work session on HB 2098 and opens a public hearing on HB 2103.
HB 2103 PUBLIC HEARING
171	Bill Joseph	Committee Counsel. Introduces HB 2103 which prohibits person from selling, leasing or renting payment processing system that provides receipt with more information about customer than last four digits of customer’s credit or debit card number.
194	Cheryl Pellegrini	Assistant Attorney General, Department of Justice. Submits testimony and testifies in support of HB 2103 (EXHIBIT G).
324	Rep. Prozanski	Asks if the only identifier to a customer using a credit card on a receipt is the last four digits of the credit card number.
332	Pellegrini	Answers, that is correct.
335	Rep. Prozanski	Asks for clarification of what would be on the receipt.
347	Pellegrini	Explains. Says that this bill is mostly targeted towards the piece of paper that is returned to the customer.
358	Chair Williams	Comments on information on receipts. Says that he is worried about having the customer’s name on the receipt.
392	Pelligrini	States that they crafted the most protective bill for consumers, but they understand that they may need to look at amendments for the bill.
419	Julie Brandis	Associated Oregon Industries, Oregon Retail Council. Testifies in opposition to HB 2103.
TAPE 24, B
003	Brandis	Continues testimony in opposition to HB 2103.
058	Chair Williams	Recesses the committee at 2:20 p.m. for a fire drill.
059	Chair Williams	Reconvenes at 2:46 p.m.
062	Brandis	Continues testimony. Says that they will compile a list of what retailers need on the receipts.
085	Gary Oxley	Oxley and Associates. Testifies in opposition to HB 2103. Adds that his clients support the concept, but are concerned about the name issue on the receipt.
118	Chair Williams	Says that they need to work on the bill with possible amendments.
131	Rep. Anderson	Asks if there are any provisions for the destruction of the receipts.
133	Brandis	Answers that she doesn’t know if there is a standard legal requirement, but she believes that most companies shred the receipts.
149	Steve Dixon	Oregon State Public Interest Research Group (OSPIRG). Submits testimony and testifies in support of HB 2103 which would eliminate all but the last four digits of a consumer’s credit or debit card number on receipts (EXHIBIT H).
248	Chair Williams	Closes the public hearing on HB 2103 and opens a public hearing on HB 2426.
HB 2426 PUBLIC HEARING
266	Jim Gardner	Pharmaceutical Research and Manufacturers of America (PhRMA). Submits testimony and testifies in support of HB 2426 which makes technical or advisory committees and task forces for Office for Oregon Health Policy and Research subject to public meeting laws (EXHIBIT I).
335	Tom Gallagher	Oregon Newspaper Publishers. Testifies in opposition to HB 2426.
379	Rep. Macpherson	States that he is reluctant to proceed on this bill because of the lack of testimony.
450	Chair Williams	Informs the committee that there was an interesting dialogue last session regarding this issue. Wonders why there is no one from the Department of Justice or the Oregon Medical Assistance Program (OMAP). Closes the public hearing on HB 2426 and adjourns the meeting at 3:08 p.m.

EXHIBIT SUMMARY

A – LC 1291, submitted by staff, dated 1/27/03, 4 pgs.

B – LC 1374, submitted by staff, dated 1/13/03, 4 pgs.

C – LC 1588, submitted by staff, dated 1/10/03, 2 pgs.

D – LC 1588-1, submitted by staff, dated 1/10/03, 10 pgs.

E – Power Point Presentation, submitted by Jeff Tryens, Oregon Progress Board, 8 pgs.

F – HB 2098, written testimony, submitted by Ross L. Laybourn, dated 2/5/03, 1 pg.

G – HB 2103, written testimony, submitted by Cheryl A. Pellegrini, dated 2/5/03, 11 pgs.

H – HB 2103, written testimony, submitted by Steve Dixon, OSPIRG, dated 2/5/03, 2 pgs.

I – HB 2426, written testimony, submitted by Jim Gardner, (PhRMA), dated 2/5/03, 3 pgs.