HOUSE COMMITTEE ON JUDICIARY

 

 

February 24, 2003   Hearing Room 357

1:00 p.m. Tapes  53 - 56

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            Measure Introduction

                                                HB 2332 Public Hearing and Work Session

                                                HB 2034 Public Hearing

                                                HB 2576 Public Hearing and Work Session

 

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

 53, A

003

Chair Williams

Calls the meeting to order at 1:06 p.m. Opens a public hearing on HB 2332 which allows obligor and obligee to elect to have support payments electronically transferred to licensed escrow agent.

HB 2332 PUBLIC HEARING

012

Rep. Tom Butler

House District 60. Testifies in support of HB 2332.

030

Ann Rupp

Ontario, Oregon. Submits testimony and testifies in support of HB 2332 (EXHIBIT A).

090

Rep. Krummel

Asks Ms. Rupp how their child support/spousal support accounting program works.

099

Rupp

Explains how their patented website and webware can be customized by attorneys and courts.

122

Rep. Butler

Adds that the Department of Justice will have something similar to this by the end of this next biennium.

159

Rep. Krummel

States that he is concerned about security.

169

Rupp

Mentions that there are three systems that are not connected. Discusses files that are set-up and security issues.

194

Rep. Krummel

Asks if they are currently providing this system to other states.

195

Rupp

Answers, no. Says that Idaho is looking at their system.

207

Rep. Butler

Adds that New Mexico may have some similar legislation to allow title companies to do this.

209

Rupp

Mentions that New Mexico has an interactive site for child support accounts to be established.

248

Ronelle Shankle

Department of Justice. Submits testimony and testifies as neutral to HB 2332 (EXHIBIT B).

282

Rep. Macpherson

Asks if there is any mechanism in the current support enforcement process that involves a third party.

290

Shankle

Says yes, but this would be a new process.

295

Rep. Macpherson

Inquires about the escrow aspect of the bill.

313

Shankle

Explains that their current system does have a title and escrow desk within the Department of Justice, but it is not online.

332

Rupp

Stresses that they strictly service the closed transaction.

367

Bill Taylor

Committee Counsel. Asks if the bill does not apply to situations where the state is the obligee.

368

Shankle

Answers that is correct.

371

Taylor

Asks if that means that there is a court order issued by the court and parties are current and there is no state involvement.

376

Shankle

Agrees and says that this would most likely be those customers that are entering a divorce decree in circuit court.

393

Chair Williams

Closes the public hearing on HB 2332 and opens a work session on HB 2332.

HB 2332 WORK SESSION

365

Rep. Krummel 

MOTION:  Moves HB 2332 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

366

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

422

Chair Williams

Closes the work session on HB 2332 and opens a public hearing on HB 2034.

HB 2034 PUBLIC HEARING

TAPE 54, A

003

Rob Bovett

Lincoln Interagency Narcotics Team (LINT) and Oregon Narcotics Enforcement Agency (ONEA), Legal Counsel. Submits testimony and testifies in support of HB 2034 which modifies definition of iodine matrix (EXHIBITS C & D).

100

Bovett

Discusses meth labs.

213

Bovett

Discusses their support of the -2 amendments (EXHIBIT E) and the -3 amendments (EXHIBIT F).

304

Larry Welty

President, ONEA. Submits testimony and testifies in support of HB 2034 (EXHIBIT G).

 

403

Craig Durbin

Sergeant, Oregon State Police. Submits testimony and testifies in support of HB 2034 (EXHIBIT H).

TAPE 53, B

006

Rep. Prozanski

Asks why they can’t keep up with the precursors.

010

Bovett

Says that the State Police have authority to make some changes, but they cannot make changes to the statutes.

025

Rep. Prozanski

Wonders if the State Police can identify some substances as precursors.

030

Bovett

Answers, yes.

034

Rep. Prozanski

Asks Sgt. Durbin about dropping the percentage of iodine.

045

Sgt. Durbin

Responds that they settled on the percentage of iodine at 2 percent.

066

Rep. Prozanski

Asks about looking at the records on iodine.

073

Bovett

Explains that they regulate some substances by requiring that records are kept.

081

Rep. Prozanski

Comments that the -2 amendments do not prohibit a minor from purchasing Sudafed.

087

Bovett

Says that their original proposal was to prohibit minors from purchasing Sudafed, but the industry was very unhappy with that. Adds that what they are proposing today is that products containing pseudoephedrine be kept behind the counter.

098

Rep. Barker

Says that he will support anything to stop meth labs, but believes that this will be a hardship on small “mom and pop” stores.

109

Bovett

Answers that the “mom and pop” stores usually don’t keep many of these drugs.

121

Rep. Barker

Comments that he has concerns about putting an undue burden on the retailers.

129

Bovett

Says that he understands his concerns, but believes that putting pseudoephedrine behind the counters at stores makes it difficult for meth cooks to buy.

168

Rep. Shetterly

Comments on the change in percentage of iodine from 3.7% to 2%.

175

Rep. Krummel

Asks why we need the bill if the stores are already compliant in putting the drugs behind the counter.

179

Bovett

Answers that this is not universal, that not all stores are putting pseudoephedrine behind their counters.

187

Rep. Jenson

Asks if he has data on which stores are selling pseudoephedrine.

196

Bovett

Replies that this is such a recent trend, where some stores are putting pseudoephedrine behind the counter and some are not, that they don’t have data.

208

Sgt. Durbin

Gives an example of retailers selling to meth cooks.

231

Rep. Jenson

Asks how having pseudoephedrine behind the counter would help.

234

Sgt. Durbin

Says that it makes it more difficult for meth cooks to purchase.

241

Welty

States that if meth cooks know that they are going to face scrutiny, then they will not go in that store.

261

Rep. Prozanski

Asks how many boxes of cold medicine it would take for a meth lab to produce meth.

272

Bovett

Describes an example from Newport of two different retailers and how they keep pseudoephedrine.

285

Rep. Prozanski

Wonders how many boxes are needed to cook up a batch of meth.

290

Sgt. Durbin

Gives example of how many pills of pseudoephedrine one would need to make meth.

308

Rep. Ackerman

Asks about sales to minors of precursors.

318

Bovett

Answers that there have been a number of cases where meth cooks involve their children in buying pseudoephedrine, but says they are now abandoning the restriction of sales to minors.

332

Vice-Chair Anderson

Asks how much an ounce of meth costs.

335

Welty

Answers that an ounce of meth would sell for $450-650 dollars on the street.

342

Vice-Chair Anderson

Clarifies what the -2 amendments do (Exhibit E).

358

Marcia Keith

Oregon Veterinary Medical Association. Submits testimony and testifies in support of HB 2034 (EXHIBIT I). Discusses the -3 amendments (Exhibit F).

402

Rep. Prozanski

Asks about the -3 amendments and if they are from the Oregon Veterinary Medical Association.

409

Keith

Answers, yes.

430

Julie Brandis

Associated Oregon Industries/Retail Council. Testifies in opposition to HB 2034.

436

Mike Sargent

Consumer Healthcare Products Association (CHPA) Submits testimony and testifies in opposition to HB 2034 (EXHIBIT J).

TAPE 54, B

009

Sargent

Continues his testimony in opposition to HB 2034.

073

Shawn Miller

Oregon Grocery Association and Oregon Community Pharmacy Council. Submits testimony and testifies in opposition to HB 2034 (EXHIBIT K). Opposes Section 3, subsection 3, on page 3 of the bill and the -2 amendments.

168

Tom Holt

Executive Director, Oregon State Pharmacists Association.Testifies in opposition to HB 2034.

202

Brandis

Reports that HB 3661 (2001) is working.

228

Sargent

Says that for the record, his original concern was regarding the age limit.

255

Chair Williams

Says that the proponents of the bill have dropped the carding for minors of pseudoephedrine in the -2 amendments (Exhibit E) and they testified about their concerns about the behind-the-counter portions of the bill. Asks if they have any other objections to the bill.

266

Miller

Answers, no.

267

Brandis

Says that she needs to check with the hospitals to see if they are impacted by the bill and the iodine issue.

273

Holt

Comments that he needs to check the iodine percentage issue with his technical people.

277

Chair Williams

Asks about the list of drugs that they provided (Exhibit  K) and how many are single entity drugs.

284

Sargent

Answers that he has not looked at that list, but there are a significant number of single-entity pseudoephedrine products on the market.

317

Chair Williams

Asks Mr. Miller to get him a list of single-entity drugs.

320

Miller

Says that he will.

325

Vice-Chair Anderson

Asks about the difference in concentration of single-entity drugs and the combination drugs.

328

Sargent

Explains that it varies from product to product.

343

Rep. Macpherson

Asks Mr. Miller if there is any other product under Oregon Law that is required to be kept behind the counter and cannot be sold to minors.

363

Miller

Answers that he believes there is only one product and that is tobacco.

370

Chair Williams

Closes the public hearing on HB 2034. Introduces LC’s to be introduced as committee measures (EXHIBITS L & M).

381

Chair Williams

MOTION:  Moves LC 2022 AND 2485 BE INTRODUCED as a committee bills.

 

 

VOTE:  9-0

385

Chair Williams

Hearing no objection, declares the motion CARRIED.

402

Chair Williams

Opens a public hearing on HB 2576.

HB 2576 PUBLIC HEARING

412

Brian DeLashmutt

Federation of Oregon Parole and Probation Officers (FOPPO). Submits testimony and testifies in support of HB 2576 which prohibits striking by parole and probation officers employed under public employee collective bargaining agreement who supervise adult offenders (EXHIBITS N & O).

TAPE 55, A

032

Launie Hitchcock

Parole and Probation Officer, Clackamas County. Submits testimony and testifies in support of HB 2576 (EXHIBIT P).

081

Lisa Settell

Parole and Probation Officer, Yamhill County. Submit testimony and testifies in support of HB 2576 (EXHIBIT Q).

132

Rick McKenna

Commander of the Parole and Probation Division. Testifies in support of HB 2576.

201

DeLashmutt

Notes that he submitted written testimony from Randy Settell (EXHIBIT R).

232

Paul Snider

Association of Oregon Counties. Testifies in opposition to HB 2576.

244

Maria Keltner

Association of Oregon Counties. Testifies in opposition to HB 2576.

323

Chair Williams

Says that he has trouble with her analysis and he views this bill as a public safety issue.

362

Snider

Explains the opposition of the Oregon Counties.

401

Rep. Barker

Comments that he was a policeman for 31 years and worked with parole and probation officers and sees them more as law enforcement and they should not be allowed to strike. Says he supports this bill.

419

Rep. Prozanski

Wonders how management cannot support this bill. Believes that the probation and parole officers are a component of corrections and law enforcement.

TAPE 56, A

005

Chair Williams

Closes the public hearing on HB 2576 and opens a work session on HB 2576.

HB 2576 WORK SESSION

038

Rep. Jenson

Expresses his support for the bill.

066

Vice-Chair Anderson

States that he will oppose the bill.

075

Rep. Krummel

Comments that he supports the bill.

096

Rep. Williams

MOTION:  Moves HB 2576 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-1-3

AYE:               5 - Barker, Jenson, Krummel, Prozanski, Williams

NAY:               1 - Anderson

EXCUSED:     3 - Ackerman, Macpherson, Shetterly

100

Chair Williams

The motion CARRIES.

REP. BARKER will lead discussion on the floor.

110

Chair Williams

Closes the work session on HB 2576 and adjourns the meeting at 3:30 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2332, written testimony, submitted by Ann Rupp, 5 pgs.

B – HB 2332, written testimony, submitted by Ronelle Shankle, 2 pgs.

C – HB 2034, written testimony, submitted by Rob Bovett, 5 pgs.

D – HB 2034, PowerPoint presentation, submitted by Rob Bovett, 12 pgs.

E – HB 2034, -2 amendments, dated 2/20/03, submitted by staff, 1 pg.

F – HB 2034, -3 amendments, dated 2/24/03, submitted by staff, 1 pg.

G – HB 2034, written testimony, submitted by Larry Welty, 2 pgs.

H – HB 2034, written testimony, submitted by Craig Durbin, 2 pgs.

I – HB 2034, written testimony, submitted by Marcia Keith, 1 pg.

J – HB 2034, written testimony, submitted by Mike Sargent, 1 pg.

K – HB 2034, List of drugs, submitted by Shawn Miller, 1 pg.

L – LC 2022, dated 2/20/03, submitted by staff, 2 pgs.

M – LC 2485, dated 2/21/03, submitted by staff, 2 pgs.

N – HB 2576, Information on Probation and Parole Services, submitted by Brian DeLashmutt, 10 pgs.

O – HB 2576, Information on Washington State’s Corrections Department, submitted by Brian DeLashmutt, 4 pgs.

P – HB 2576, written testimony, submitted by Launie Hitchcock, 1 pg.

Q – HB 2576, written testimony, submitted by Lisa Settell, 2 pgs.

R – HB 2576, written testimony of Randy Settell, submitted by Brian DeLashmutt, 2 pgs.