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.