HOUSE COMMITTEE ON JUDICIARY

 

 

April 07, 2003 Hearing Room 357

1:00 p.m. Tapes  125 - 126

 

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 Joseph, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3177 Reconsideration and Work Session

                                                HB 2592 Public Hearing                                              

                                                HB 2594 Public Hearing and Work Session

                                                HB 3259 Public Hearing

                                                HB 3317 Public Hearing and Work Session

                                                HB 3318 Public Hearing

                                                HB 3361 Public Hearing and Work Session

                                                HB 3366 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

TAPE 125, A

003

Chair Williams

Calls the meeting to order at 1:35 p.m. and opens a work session on HB 3177.

HB 3177 RECONSIDERATION and WORK SESSION

010

Chair Williams

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3177.

 

 

VOTE:  5-0-4

EXCUSED:  4 - Anderson, Krummel, Macpherson, Shetterly

012

Chair Williams

Hearing no objection, declares the motion CARRIED.

018

Chair Williams

MOTION:  Moves to RECONSIDER the vote by which HB 3177 was sent to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-4

EXCUSED:  4 - Anderson, Krummel, Macpherson, Shetterly

020

 Chair Williams

Hearing no objection, declares the motion CARRIED.

022

 Chair Williams

MOTION:  Moves HB 3177 to the floor with a DO PASS recommendation and BE REFERRED to the Committee on Ways and Means BY PRIOR REFERENCE.

 

 

VOTE:  5-0-4

EXCUSED:  4 - Anderson, Krummel, Shetterly, Macpherson

023

Chair Williams

Hearing no objection, declares the motion CARRIED.

030

Chair Williams

Closes the work session on HB 3177 and opens a public hearing on HB 2592.

HB 2592 PUBLIC HEARING

032

Carl Myers

Oregon Justice of the Peace Association. Testifies in support of HB 2592 which authorizes assignment of judgments from justice court to Department of Revenue for collection.

040

Jad Lemhouse

Judge, Linn County. Submits testimony and testifies in support of HB 2592 (EXHIBIT A).

090

Jim Markee

Oregon Collector’s Association. Testifies in opposition to HB 2592.

121

Chair Williams

Closes the public hearing on HB 2592 and opens a public hearing on HB 2594.

HB 2594 PUBLIC HEARING

135

Carl Myers

Oregon Justice of the Peace Association. Testifies in support of HB 2594 which provides that certain transfers and payments of monies by justice and municipal court be made not later than last day of month following month in which collected.

150

Jad Lemhouse

Judge, Linn County. Submits testimony and testifies in support of HB 2594 (EXHIBIT B).

215

Paul Snider

Association of Oregon Counties. Testifies in support of HB 2594.

219

Chair Williams

Discusses bill.

230

Lemhouse

Explains why he chose the last day of month in which payment of monies is collected.

248

Rep. Shetterly

Questions the emergency clause.

255

Lemhouse

Agrees that the emergency clause is not necessary in the bill as long as the bill is passed in time.

286

Bradd Swank

Dept. of Justice. Says that they haven’t taken a position on the bill.

290

Chair Williams

States that they have not seen a fiscal on the bill.

295

Swank

Recollects that they don’t think it has an effect on their courts.

301

Chair Williams

Closes the public hearing on HB 2594 and opens a work session on HB 2594.

HB 2594 WORK SESSION

310

Rep. Shetterly

MOTION:  Moves HB 2594 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

314

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. SHETTERLY will lead discussion on the floor.

329

Chair Williams

Closes the work session on HB 2594 and opens a public hearing on HB 3259.

HB 3259 PUBLIC HEARING

358

Rep. Jackie Dingfelder

House District 45. Submits testimony and testifies in support of HB 3259 which requires Public Health Officer, State Fire Marshal or law enforcement agency to give written notice to school district or person who resides or works near former illegal drug manufacturing site that real property is determined to be not fit for use (EXHIBITS C-E).

424

Dr. Michael Holcomb

Environmental Toxicology Manager, Department of Human Services. Testifies in support of HB 3259.

TAPE 126, A

001

Dr. Holcomb

Continues his testimony in support of HB 2594.

030

Mark Landauer

Office of Government Relations, City of Portland. Submits testimony and testifies in support of HB 3259 (EXHIBIT F).

060

Vice-Chair Ackerman

Asks Rep. Dingfelder about the -1 amendments (EXHIBIT G).

072

Rep. Dingfelder

Agrees on more amendments.

080

Landauer

Discusses amendments.

084

Bill Joseph

Committee Counsel. Comments on amendments.

088

Landauer

Says that they do have a concern about going toward work sites.

101

Rep. Prozanski

States that the -1 amendments are discretionary.

112

Chair Williams

Asks Rep. Dingfelder how she feels about the amendments.

120

Rep. Dingfelder

Answers that she would be happy to work with the committee staff.

137

Vice-Chair Ackerman

Suggests that it may be better to consider “every household” in the amendments.

154

Rep. Shetterly

Questions amendments.

166

Landauer

Discusses the clarification that the realtors requested.

178

Vice-Chair Anderson

Comments on the -1 amendments.

220

Chair Williams

Closes the public hearing on HB 3259 and opens a public hearing on HB 3317.

HB 3317 PUBLIC HEARING

235

Tim Martinez

Oregon Bankers Association. Testifies in support of HB 3317 which expands crime of unlawful factoring of credit card transaction.

284

Chair Williams

Wonders if there is a cost to this bill because they are upgrading a crime.

309

Martinez

Responds that he doesn’t think there is a fiscal to this bill or HB 3318.

338

Rep. Shetterly

Comments that he wouldn’t be surprised if there was not a fiscal.

350

Vice-Chair Anderson

Asks about the harm that occurs in identity theft.

355

Martinez

Answers that identity theft causes a lot of personal damage—both emotional and financial.

381

Chair Williams

Closes the public hearing on HB 3317 and opens a work session on HB 3317.

HB 3317 WORK SESSION

383

Rep. Prozanski

MOTION:  Moves HB 3317 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Krummel

386

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

400

Chair Williams

Closes the work session on HB 3317 and opens a public hearing on HB 3318.

HB 3318 PUBLIC HEARING

410

Tim Martinez

Oregon Bankers Association. Testifies in support of HB 3318 which increases penalty for unlawful production of identification cards, licenses, permits, forms or camera cards.

TAPE 125, B

002

Martinez

Continues his testimony in support of HB 3318.

008

Rep. Prozanski

Asks about moving this up to a Class C felony.

018

Chair Williams

Says he is concerned that there may be a fiscal impact on the bill so he wants to wait for the fiscal impact statement. Closes the public hearing on HB 3318 and opens a public hearing on HB 3361.

HB 3361 PUBLIC HEARING

039

Paul Frisch

Counsel, Oregon Medical Association. Submits testimony and testifies in support of HB 3361 which provides that for purposes of civil action against person licensed by Board of Medical Examiners, expression of regret or apology made by or on behalf of person does not constitute admission of liability (EXHIBIT H).

075

Barney Speight

Kaiser Permanente/NW Permanente. Testifies in support of HB 3361.

088

Bruce Bishop

Oregon Association of Hospitals and Health Systems. Submits testimony and testifies in support of HB 3361 (EXHIBIT I).

093

Rep. Macpherson

Asks if they envision a program that would provide re-education of this issue to physicians.

113

Frisch

Answers that they are currently educating physicians regarding this issue.

128

Chair Williams

Closes the public hearing on HB 3361 and opens a work session on HB 3361.

HB 3361 WORK SESSION

132

Rep. Macpherson

MOTION:  Moves HB 3361 to the floor with a DO PASS recommendation.

 

 

VOTE:  9-0

139

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. MACPHERSON will lead discussion on the floor.

143

Chair Williams

Closes the work session on HB 3361 and opens a public hearing on HB 3366.

HB 3366 PUBLIC HEARING

155

Dick Rasmussen

West Coast Bank. Testifies in support of HB 3366 which provides that defenses and exceptions created by provisions of Oregon Revised Statutes or recognized by courts of state do not apply to requirement that certain financial transactions be in writing.

195

Chair Williams

Asks for examples of situations in which this has been raised.

200

Rasmussen

Gives examples.

208

Rep. Krummel

Says that this is common sense to him. Asks if this will clarify the law.

223

Rasmussen

Answers, yes.

226

Vice-Chair Anderson

Wonders if this relates to transactions done over the phone.

228

Rasmussen

Says the statute deals with oral commitments.

237

Rep. Shetterly

Asks for an explanation of lines 9-11, page 2 of the bill.

258

Rasmussen

Explains changes.

275

Chair Williams

Closes the public hearing on HB 3366 and opens a work session on HB 3366.

HB 3366 WORK SESSION

287

Rep. Shetterly

Discusses changes in bill.

330

Rasmussen

Explains what the bill does.

391

Vice-Chair Anderson

Asks if the guarantee of a loan has to be in writing.

393

Rasmussen

Says yes, this will require that the commitment to lend has to be in writing.

400

Vice-Chair Ackerman

Asks why they would waive these defenses.

404

Rasmussen

Says that banks need these protections.

TAPE 126, B

002

Chair Williams

Discusses bill.

019

Rep. Krummel

MOTION:  Moves HB  3366 to the floor with a DO PASS recommendation.

023

Rep. Shetterly

Wonders about the deleting of language.

029

Rasmussen

Explains.

045

Chair Williams

Discusses bill.

060

Rep. Jenson

Expresses his reservations about the bill.

145

 

VOTE:  8-1-0

AYE:     8 - Ackerman, Anderson, Barker, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:     1 - Jenson

149

Chair Williams

The motion CARRIES.

REP. KRUMMEL will lead discussion on the floor.

169

Chair Williams

Closes the work session on HB 3366 and adjourns the meeting at 3:05 p.m.

 

 

 

EXHIBIT SUMMARY

 

A – HB 2592, written testimony, submitted by Judge Jad Lemhouse, 2 pgs.

B – HB 2594, Chart, submitted by Jad Lemhouse, 1 pg.

C – HB 3259, written testimony, submitted by Rep. Jackie Dingfelder, 1 pg.

D – HB 3259, written testimony of Deborah Andrews, submitted by Rep. Jackie Dingfelder, 3 pgs.

E – HB 3259, news article, submitted by Rep. Jackie Dingfelder, 5 pgs.

F – HB 3259, written testimony, submitted by Mark Landauer, 3 pgs.

G – HB 3259, -1 amendments, submitted by staff, dated 4/4/03, 2 pgs.

H – HB 3361, written testimony, submitted by Paul Frisch, 2 pgs.

I – HB 3361, written testimony, submitted by Bruce Bishop, 1 pg.