HOUSE COMMITTEE ON JUDICIARY

 

 

April 17, 2003 Hearing Room 357

1:00 pm Tapes 146 - 147

 

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 3520 Public hearing

HB 2864 Public Hearing and Work Session

HB 2694 Work Session

HB 3259 Work Session

HB 3318 Work Session

HB 3329 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 146, A

005

Chair Williams

Opens meeting at 1:15 pm.  Opens public hearing on HB 3520.

HB 3520 PUBLIC HEARING

025

Rep. Gordon Anderson

House District 3. Explains HB 3520 which requires court that offers traffic school and subsequent dismissal of citation to offer option to persons who plead not guilty and are convicted. 

035

Joyce Delphy

Grants Pass citizen. Gives personal experience of being ticketed for riding as a passenger without the seat belt fastened.  Testifies in support of HB 3520 and explains the importance of having seat belt training.

069

Rep. Barker

Asks if it is modified to have the court offer this training.

072

Carl Myers

OJPA, OMJA. Oregon Judges Association.  Testifies in opposition to HB 3520. Explains that by requiring diversion classes in all cases, the judge’s discretion is removed where inappropriate. Bill applies to all traffic violations.  Supports having diversion programs at the discretion of a judge.

111

Bradd Swank

Special Counsel, Government Relations, Judicial Department.  States the bill is not limited to seat belts.  Says there is no time limit.  States the bill as written could be very disruptive

145

Chair Williams

Asks how the seat belt law works now.

169

Myers

Says he offers diversion under appropriate circumstances, but there is no statutory reference to specify diversion programs. Says some judges do not allow diversions at all.

192

Vice Chair Anderson

Suggests some language changes to make the bill acceptable.

200

Myers

Responds he is receptive to changes.  Repeats some judges do not allow diversions.

219

Chair Williams

Mentions the word “must” is questionable.

224

Myers

Replies that is a possibility.  Say judges in traffic courts can offer diversion. Opposes the requirement it be offered in all cases.

253

Swank

Suggests that diversion programs should happen before the conviction is sent to Department of Motor Vehicles (DMV).

290

Chair Williams

Closes public hearing on HB 3520.  Opens public hearing on HB 2864.

HB 2864 PUBLIC HEARING

296

Richard Thompson

Home Owner Association Manager, Oregon-Washington Community Association Managers (OWCAM). Testifies in support of HB 2864 which directs certain planned unit developments, under specified circumstances, to cause annual financial statement to be reviewed by independent certified public accountant. Home owner associations control funds.  Says 80 percent are self managed. Explains HB 2864 addresses those associations below $75,000 cap. Explains the -1 amendment (EXHIBIT A).

380

David Schwindt

Consultant to Home Owners Associations, CPA. Explains why oversight is needed for the associations.  Mentions that California has a requirement for reviews and audits. Washington has requirement for annual audits.

404

Chair Williams

Says the bill suggests a review, not an audit.

TAPE 147, A

014

Vice Chair Anderson

Asks if a review can uncover fraud activities.

016

Schwindt

Explains the difference between a review and an audit and the difference in cost.

030

Rep. Krummel

Asks what cost there would be for a review.

038

Schwindt

Responds around $1,000 to $2,000 for an association.

045

Rep. Krummel

Asks if there have been fraud or malfeasance problems.

047

Schwindt

Discusses professional property managers.  The many home owners associations that are not professionally managed are at risk.

053

Thompson

Explains growth in reserve funds.

063

Vice Chair Ackerman

Asks about multi-unit owners in several states.  Asks what the cap means.

073

Schwindt

Answers he is not aware of associations with multi-state ownership.

084

Rep. Jenson

Expresses concern about associations having this financial review without a statute. Declares conflict of interest on this bill.

090

Chair Williams

Closes public hearing on HB 2864. Opens work session on HB 2864.

HB 2864 WORK SESSION

092

Rep. Krummel

MOTION:  Moves to ADOPT HB 2864-1 amendments dated 4/9/03.

093

Vice Chair Anderson

Declares conflict of interest on HB 2864.

094

Rep. Krummel

Declares conflict of interest on HB 2864.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Macpherson

095

Chair Williams

Hearing no objection, declares the motion CARRIED.

096

Rep. Krummel

MOTION:  Moves HB 2864 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Jenson, Macpherson

097

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

099

Chair Williams

Closes work session on HB 2864.  Opens work session on HB 2694.

HB 2694 WORK SESSION

115

Bill Joseph

Committee Counsel.  Explains HB 2694 which prescribes supplier’s obligations toward retailer of farm implements.  Describes the -3 amendments (EXHIBIT B).

150

Ron Moore

President, Pacific Northwest Hardware and Implement Association.  

151

Verl Schivey

St. Paul, Ernst John Deere Implements.

153

Don Shellenberg

Oregon Farm Bureau.

155

Moore

Testifies in support of HB 2694 which prescribes supplier’s obligations toward retailer of farm implements.  Describes -3 amendments to HB 2694.

258

Rep. Shetterly

Affirms that everything has been fixed by the -3 amendment.

268

Schivey

Comments that the bill covers short line manufacturers. Describes oversupply of inventory and how it affects dealers. Explains major liners.

288

Shellenberg

Describes how equipment dealers are key to the agriculture industry. Supports HB 2694.

298

Rep. Prozanski

Asks if the bill would bring in manufacturer-owned dealerships to displace local dealerships.

300

Moore

Answers that is alright.

301

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2694-3 amendments dated 4/16/03.

 

 

VOTE:  9-0

302

Chair Williams

Hearing no objection, declares the motion CARRIED.

303

Rep. Prozanski

MOTION:  Moves HB 2694 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Macpherson

304

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ZAUNER will lead discussion on the floor.

305

Chair Williams

Closes work session on HB 2694.  Opens work session on HB 3259.

HB 3259 WORK SESSION

266

Rep. Jackie Dingfelder

House District 45.  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.  Supports -2 amendments (EXHIBIT C).

290

Vice Chair Ackerman

Asks what is a “rural area.” 

300

Mark Landauer

City of Portland.  Responds that rural area may not be covered.

TAPE 146, B

017

Landauer

Suggests fixing the bill to include rural area.

020

Harlan Levy

Oregon Association of Realtors. Comments that un-annexed portion in a county may need to be included.

038

Chair Williams

Asks if this can be fixed on the Senate side.

046

Rep. Prozanski

MOTION:  Moves to ADOPT HB 3259-2 amendments dated 4/10/03.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

048

Chair Williams

Hearing no objection, declares the motion CARRIED.

050

Rep. Prozanski

MOTION:  Moves HB 3259 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

051

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. DINGFELDER will lead discussion on the floor.

052

Chair Williams

Closes work session on HB 3259.  Opens work session on HB 3318.

HB 3318 WORK SESSION

060

Bill Joseph

Committee Counsel. Explains HB 3318 which increases penalty for unlawful production of identification cards, licenses, permits, forms or camera cards. Explains the -1 amendment (EXHIBIT D).

075

Rep. Jenson

Asks if the -1 amendment assumes that minors are not capable of understanding what crime is.

081

Joseph

Responds that it could catch a lot of kids when there are other laws that prevent such activity. Explains identity theft focus.

088

Rep. Jenson

Mentions there is still a crime as far as identity theft.

090

Joseph

Explains the difference in identity theft and age.

109

Rep. Prozanski

Comments about unlawful identification cards.

130

Tim Martinez

Oregon Bankers Association. Further explains the Criminal Defense Bar’s concerns which have been fixed with the -1 amendment.

150

Rep. Barker

Gives example of someone who makes ID’s for others.

155

Martinez

Responds if making ID’s for other folks, they can be charged.

161

Chair Williams

Comments on false identification.

162

Rep. Barker

MOTION:  Moves to ADOPT HB 3318-1 amendments dated 4/16/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Macpherson

163

Chair Williams

Hearing no objection, declares the motion CARRIED.

164

Rep. Barker

MOTION:  Moves HB 3318 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-2

EXCUSED:  2 - Macpherson, Shetterly

165

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

202

Chair Williams

Closes work session on HB 3318.  Opens work session on HB 3329.

HB 3329 WORK SESSION

204

Bill Joseph

Committee Counsel.  Explains HB 3329 which authorizes the Department of Justice to initiate and participate in efforts to prepare for, and to assist in, delivery of services to individuals traumatized by acts of mass violence.

211

Chair Williams

Comments on previous hearing on this bill. Refers to DOJ letter of 4/7/03 regarding services.

212

Rep. Prozanski

MOTION:  Moves HB 3329 to the floor with a DO PASS recommendation.

 

 

VOTE:  8-0

EXCUSED:  1 – Macpherson

253

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

REP. PROZANSKI will lead discussion on the floor.

252

Chair Williams

Comments that next Wednesday evening will be a meeting. Closes the work session on HB 3329 and adjourns at 2:25 pm.

 

 

EXHIBIT SUMMARY

 

A – HB 2864-1 amendment, staff, 3 pp

B – HB 2694-3 amendment, staff, 5 pp

C – HB 3259-2 amendment, staff, 2 pp

D – HB 3318-1 amendment, staff, 1 p