HOUSE COMMITTEE ON JUDICIARY

 

 

April 10, 2003 Hearing Room 357

1:00 pm Tapes  134 - 137

 

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

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Joseph, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:        

                                                HB 2758 Public Hearing

                                                HB 3196 Public Hearing and Work Session

                                                HB 2590 Public Hearing

                                                HB 2796 Public Hearing

                                                HB 2706 Public Hearing

                                                HB 2308 Work Session

                                                HB 2279 Work Session           

                                                HB 3340 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 134, A

022

Chair Williams

Opens meeting at 1:15 pm.  Opens public hearing on HB 2758.

HB 2758 PUBLIC HEARING

040

Linda Adlard

City of Beaverton.  Testifies in support of HB 2758 which authorizes cities with populations of 35,000 or more to have photo red light cameras at up to eight intersections and submits testimony (EXHIBIT A). Describes Beaverton’s experience with the photo red light cameras.

060

Forest Soth

Beaverton City Council. Testifies in support of HB 2758.

065

Dean Meisner

City of Beaverton Traffic Officer.  Testifies in support of HB 2758.

109

Rep. Prozanski

Describes personal experience in Houston and their high fines.

111

Rep. Jenson

Comments he does not like the way the bill is written narrowing it to cities of certain populations.


 

138

Rep. Shetterly

Describes attitude change since photo red light bill first appeared.  Thinks there has been a change in movement.

159

Staff

Submits letter in support of HB 2758 from Salem Chief of Police (EXHIBIT B).

160

Chair Williams

Closes public hearing on HB 2758 and opens public hearing on HB 3196.

HB 3196 PUBLIC HEARING

182

Rep. Macpherson

Explains HB 3196 which authorizes photo radar in cities of Lake Oswego and Newberg.

200

Judie Hammerstad

Lake Oswego Mayor. Supports HB 3196 and submits written testimony  (EXHIBIT C).

220

Dr. John R. Tongue

Chair, Oregon Transportation Safety Committee.  Testifies in support of HB 3196 and submits testimony (EXHIBIT D).

252

Rep. Krummel

Asks about all cities.

 

Rep. Macpherson

Replies adding cities.

274

Rep. Dave Hunt

House District 40.  Wants to add city of Gladstone to bill.

300

Jeff Barnes

Traffic Sergeant, City of Salem.  Testifies in support of HB 3196 and submits testimony from City of Salem (EXHIBIT E).

309

Staff

Submits HB 3196-1 amendments (EXHIBIT F).

310

Chair Williams

Closes public hearing.  Opens work session on HB 3196.

HB 3196 WORK SESSION

310

Rep. Jenson

Supports this bill for all cities.

311

Rep. Krummel

Comments that all cities should eventually have a chance to participate

312

Rep. Barker

MOTION:  Moves to ADOPT HB 3196-1 amendments dated 4/9/03.

 

 

VOTE:  9-0

313

Chair Williams

Hearing no objection, declares the motion CARRIED.

314

Rep. Barker

MOTION:  Moves HB 3196 to the floor with a DO PASS AS AMENDED recommendation.

315

 

VOTE:  7-1-1

AYE:               7 - Ackerman, Anderson, Barker, Krummel, Macpherson, Shetterly, Williams

NAY:               1 - Jenson

EXCUSED:     1 – Prozanski

316                  Chair Williams            The motion CARRIES.

                                                              REP. MACPHERSON will lead discussion on the floor.

318

Chair Williams

Closes work session on HB 3196. Opens public hearing on HB 2590.

HB 2590 PUBLIC HEARING

TAPE 135, A

032

Rep. Tootie Smith

House District 18.  Testifies in support of HB 2590 which allows principal real estate broker to claim lien upon commercial real estate that is subject of sale, lease or other conveyance. Explains why HB 2590 is needed.

065

Jana Jarvis

Oregon Association of Realtors.  Testifies in support of HB 2590 and submits testimony (EXHIBIT G).

082

Jarvis

Continues presentation on HB 2590.  Discusses broker lien laws under consideration.

104

Joe Woods

Executive Vice President, Commercial Firm. Re-emphasizes broker lien laws as opposed to lawsuits. Lien law is more equitable and more expedient than lawsuits.

140

Terry Shanky

Managing Director, Cushman and Wakefield. Testifies in support of HB 2590. Testifies about real estate transactions and expense of lawsuits and the time frame in the courts.  Describes the bill as innocuous because there will not be rampant liens filed; most people comply with the agreements.

163

Rep. Prozanski

Asks for duration of liens.

167

Jarvis

Answers an average of two years.

170

Rep. Prozanski

Comments on recovery of attorney fees and asks if the contracts provide for that.

175

Shanky

Answers it can be.

180

Rep. Shetterly

Comments on sales agreements, and asks if listing agreements provide for arbitration too.

188

Woods

Responds that arbitration is preferred.

202

Rep. Shetterly

Asks if arbitration takes place before suits.

210

Woods

That is correct.

215

James Bentley

Commercial Association.  Testifies in support of HB 2590.

227

Tom Akins

NACM Business Credit Services.  Testifies in opposition to HB 2590 and submits testimony (EXHIBIT H).

245

Pat Jones

NACM Business Credit Services. Testifies in opposition to HB 2590.

263

Greg Speck

Commercial Real Estate Developer, Beaverton.  Testifies in opposition to HB 2590.  Gives background on experience. Does not think HB 2590 is needed. States they did not have any input on this bill.

320

Rep. Barker

Asks how long it takes to take such a case to court.

326

Shanky

Explains the process of getting a lien filed.

TAPE 134, B

044

Speck

Presents his view of what happens.

076

Rep. Shetterly

Asks on what grounds a dispute arises.

078

Speck

Answers how disputes come about.

096

Vice Chair Ackerman

Asks if you lose the case, would there be a lien against the property.

100

Speck

Responds he does not know. Comments on how business is done in the real estate industry.

120

Rep. Krummel

Asks what kinds of liens can be placed against commercial real estate. Suggests construction liens.

140

Rep. Jenson

Comments on the 1987 lien reform.

154

Shanley

Responds the broker does not participate in the construction on the real property.

164

Shanley

States their position.  Says this bill creates a new class of lien claimant.

180

Dwight Trahin

World Trade Center Building Manager. Testifies in opposition to HB 2590.

184

Craig Lewis

Melvin Mark Commercial Real Estate. Owners, developers, and brokers.  Testifies in opposition to HB 2590.

199

Pat Schreck

Melvin Mark Brokerage Company. Testifies in opposition to HB 2590.

237

Dick Cantlin

Real Estate lawyer, Board of NAOB. Testifies in opposition to HB 2590 which creates a special class of people giving self rights. 

350

Cantlin

Continues presentation in opposition to HB 2590.

422

Rep. Prozanski

Asks when did states start using these lien laws.

TAPE 135, B

033

Rep. Krummel

Asks if attorneys have lien rights in certain circumstances.

054

Paul Cosgrove

Oregon Financial Services. Testifies in opposition to HB 2590. Describes liens and leasing situations.  

077

Jim Markee

Oregon Mortgage Lenders Association. Testifies in opposition to HB 2590. Says this bill is unnecessary.

086

Tim Martinez

Oregon Bankers Association. Testifies in opposition to HB 2590.

104

Staff

Submits written testimony in opposition to HB 2590 from John Carder, Melvin Mark Brokerage Company (EXHIBIT I); Portland Metro Association of Building Owners and Managers (EXHIBIT J); and Dan Petrusich for Melvin Mark Development Company (EXHIBIT K).

105

Chair Williams

Closes public hearing on HB 2590. Opens public hearing on HB 2796.

HB 2796 PUBLIC HEARING

147

Rep. Betsy Close

House District 15.  Explains HB 2796 which expands types of proceedings in which murder of juror or witness becomes aggravated murder. Testifies in support of HB 2796 and submits testimony (EXHIBIT L). Opposes the -1 amendment. 

175

Anne Pratt

Crime Victims United. Testifies in support of HB 2796 and submits testimony (EXHIBIT M). Adds that this loophole needs to be fixed.

201

Janyce Iturra

Testifies in support of HB 2796 without the amendment and submits written testimony (EXHIBIT N).  Describes personal experience of her son being murdered as a witness to a crime.

251

Susan Russell

Oregon Criminal Defense Lawyers Association. Opposes HB 2796 and the -1 amendments.  States the current murder statute is adequate for these circumstances. States HB 2796 would reduce discretion of the judge. 

295

Rep. Jenson

Asks about the objection to capitol punishment. 

343

Rep. Barker

Asks about juvenile proceedings.

350

Staff

Submits written testimony by Bradley Berry for the Office of Yamhill County District Attorney in opposition to HB 2796 (EXHIBIT O); Clarence Pugh for Oregonians for Alternatives to the Death Penalty (EXHIBIT  P) and by David Reese, Deputy General Counsel for Office of the Governor (EXHIBIT Q).   Submits the -1 amendment (EXHIBIT R).

381

Chair Williams

Mentions that this bill was vetoed in 2001 session and presently it would also be vetoed.

 

Chair Williams

Closes public hearing on HB 2796. Opens public hearing on HB 2706.

HB 2706 PUBLIC HEARING

401

Stephen Kafoury

Professional Land Surveyors of Oregon. Testifies in support of HB 2706 which creates land surveyor lien for performance of land surveying activities.  Submits -1 amendment (EXHIBIT S).

420

George Cathey

Land Surveyor, Salem.  Testifies in support of HB 2706.

TAPE 136, A

100

Rep. Krummel

Asks about lien privileges already in the law.

105

Kafoury

Responds that a boundary survey does not fit under that statute.

107

Rep. Shetterly

Discusses activities toward construction of property.  This would include a survey, not necessarily construction, like a boundary survey, cutting timber.

123

Kafoury

Reiterates that is correct.

125

Rep. Ackerman

Relates to a partition.

130

Jack Munro

Oregon Land Title Association. Testifies as neutral. States the need to prioritize liens.

136

Paul Cosgrove

Oregon Financial Service Association.  Explains the priority issue in liens.  Opposes HB 2706.  

153

Jim Markee

Oregon Mortgage Lenders Association. Opposes HB 2706.  Adds information about contract disputes.  

298

Staff

Submits letter in support of HB 2706 by Gregory Crites (EXHIBIT T).

299

Chair Williams

Closes public hearing on HB 2706.  Opens work session on HB 2308.

HB 2308 WORK SESSION

400

Rep. Williams

MOTION:  Moves HB 2308 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Health and Human Services.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Barker, Macpherson

401

Chair Williams

Hearing no objection, declares the motion CARRIED.

403

Chair Williams

Closes work session on HB 2308. Opens work session on HB 2279.

HB 2279 WORK SESSION

415

Bill Joseph

Committee Counsel.  States there are -1, -2, -3, and -4 amendments to HB 2279 (EXHIBIT U).

416

Jim Damis

Oregon State Bar. Discusses the amendments. Says no one has objected to the -3 amendments which are a combination of the -1 and the -2.

430

Joyce Patton

Oregon State Bar, Public Affairs Program. States these are consensus amendments.

448

Rep. Williams

MOTION:  Moves to ADOPT HB 2279-4 amendments dated 4/9/03.

 

 

VOTE:  6-0-3

EXCUSED:  3 - Barker, Jenson, Macpherson

449

Chair Williams

Hearing no objection, declares the motion CARRIED.

450

Chair Williams

Says this bill will have another work session later. Closes work session on HB 2279.  Opens public hearing on HB 3340.

HB 3340 PUBLIC HEARING

TAPE 137, A

040

Richard Lane

Oregon Trial Lawyers Association.  Says this is not his bill. Opposes HB 3340.

042

Scott Gallant

Oregon Medical Association. Opposes HB 3340.

045

Chair Williams

Closes the work session on HB 3340 and adjourns the meeting at 3:37 pm.

 

 

EXHIBIT SUMMARY

 

A – HB 2758, written testimony, Linda Adlard, 5 pp

B – HB 2758, letter, Salem Chief of Police Walt Myers, 1 p

C – HB 3196, written testimony, Judie Hammerstad, 3 pp

D – HB 3196, written testimony, Dr. John Tongue, 1 p

E – HB 3196, letter, Jeff Barnes for Salem Police Department, 1 p

F – HB 3196-1 amendment, staff, 2 pp

G – HB 2590, written testimony, Jana Jarvis, 3 pp

H – HB 2590, written testimony, Tom Akins, Business Credit Services, 1 p

I – HB 2590, written testimony, John Carder, 1 p

J – HB 2590, written testimony, Building Owners and Managers, 2 pp

K – HB 2590, written testimony, Daniel Petrusich, 2 pp

L – HB 2796, written testimony, Rep. Betsy Close, 2 pp

M – HB 2796, written testimony, Anne Pratt, 1 p

N – HB 2796, written testimony, Janyce Iturra, 1 p

O – HB 2796, written testimony, Bradley Berry, 2 pp

P – HB 2796, written testimony, Clarence Pugh, 6 pp

Q – HB 2796, written testimony, David Reese, 1 p

R – HB 2796-1 amendment, Staff, 5 pp

S – HB 2706-1 amendment, Stephen Kafoury, 1 p

T – HB 2706, written testimony, Gregory Crites, 3 pp

U – HB 2279 -1, -2, -3, -4 amendments, staff, 10 pp.