HOUSE COMMITTEE ON JUDICIARY

 

 

April 22, 2003 Hearing Room 357

1:00 pm Tapes 153  - 154

 

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 Taylor, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2490 Work Session

                                                HB 3193 Work Session

                                                HB 2094 Work Session

                                                HB 3481 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 153, A

004

Chair Williams

Opens meeting at 1:10 pm.  Opens work session on HB 2490.

HB 2490 WORK SESSION

016

Rep. Jeff Kruse

House District 7. Explains HB 2490 which modifies requirements in protective proceedings in which respondent or protected person is minor. Testifies in support of HB 2490. Discusses problems of children of incarcerated parents.

061

Janet Carlson

Commissioner, Marion County. Explains why HB 2490 is needed.  Testifies in support of HB 2490 and submits testimony (EXHIBITS A and B).

095

Chair Williams

Recesses work session on HB 2490.  Opens work session on HB 3193.

HB 3193 WORK SESSION

104

Rep. Brad Avakian

House District 34. Explains HB 3193 which reclassifies certain crimes against animals to double maximum fine when crime is committed as part of single criminal episode involving eight or more animals, with each animal being subjected to one or more of certain crimes.  Supports the -1 amendments (EXHIBIT C). Testifies in support of HB 3193 and submits testimony (EXHIBIT D).

170

Chair Williams

Recesses work session on HB 3193.  Reopens work session on HB 2490.

HB 2490 WORK SESSION

170

Diana Janowski

Testifies in support of HB 2490.  Relates personal experience of children of prisoners.

180

Melissa Garcia

Testifies in support of HB 2490. Describes experiences of children of prisoners.

212

Rep. Barker

Asks if the fathers are involved in the program.

215

Janowski

Explains that some parenting classes are available.

225

Claudia Black

Department of Corrections (DOC). Explains what the -1 amendments do.

235

Rep. Prozanski

MOTION:  Moves to ADOPT HB 2490-1 amendments dated 4/15/03.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Anderson

236

Chair Williams

Hearing no objection, declares the motion CARRIED.

237

Rep. Prozanski

MOTION:  Moves HB 2490 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  8-0-1

EXCUSED:  1 - Rep. Anderson

238

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

259

Chair Williams

Closes work session on HB 2490.  Reopens HB 3193 work session.

HB 3193 WORK SESSION

296

Sharon Harmon

Director, Oregon Humane Society. Supports HB 3193 and submits testimony (EXHIBIT E).

342

Harmon

Comments that jail sentences have increased but restitution has not been coming.

350

Rep. Prozanski

Comments that restitution is important.

363

Harmon

Responds not all who abuse animals are without property.

374

Taylor

Comments on -1 amendments. Asks how to prove abuse takes place in presence of other animals.

390

Harmon

Not sure of the bearing on this issue.

TAPE 154, A

011

Chair Williams

Comments on unclear wording in amendments.  Discusses element of proof.

029

Rep. Prozanski

Comments that when eight or more animals are together, there may not be the ability to prove abuse on every animal. With one animal abused, the others most likely have been abused also. Talks about guidelines.

049

Harmon

Replies the intent is to address hoarders and commercial enterprises that should be held at a higher standard of public trust for those who cannot speak for themselves.

059

Chair Williams

Reiterates the point that this bill will add a tool to collect with those who have assets. Comments on monetary gain of some who hold animals in bad conditions.

075

Rep. Jenson

Asks what the intent of the sponsor of the bill is.

080

Harmon

Rep. Avakian’s amendment is addressing commercial enterprises.

089

Staff

Submits written testimony in support of HB 3193 from Kelly Peterson (EXHIBIT F).

090

Chair Williams

Closes work session on HB 3193. Opens work session on HB 2094 for reconsideration.

HB 2094 WORK SESSION

092

Rep. Ackerman

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2094.

 

 

VOTE:  9-0

093

Chair Williams

Hearing no objection, declares the motion CARRIED.

094

Rep. Ackerman

MOTION:  Moves to RECONSIDER the vote by which "HB 2094 was sent to the floor with a Do Pass As Amended recommendation.”

 

 

VOTE:  9-0

095

Chair Williams

Hearing no objection, declares the motion CARRIED.

096

Pete Shepherd

Department of Justice.  States that there is no net fiscal impact to HB 2094 as amended.

099

Rep. Ackerman

MOTION:  Moves HB 2094 to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  8-0-1

EXCUSED:  1 – Barker

100

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. ACKERMAN will lead discussion on the floor.

105

Chair Williams

States HB 2802 will be held over.  Opens work session on HB 3481.

HB 3481 WORK SESSION

150

Cheryl Pellegrini

Oregon Department of Justice.  Testifies in support of HB 3481 which creates Task Force on Identity Theft.  Refers to the work group convened by the Department of Transportation, DMV, which has met and is addressing identity theft issues.

164

Chair Williams

Asks if it would be good to get a narrower group together.

10

Rep. Shetterly

Suggests the established work group not be disbanded.

228

Chair Williams

Asks what the process is to coordinate work groups.

235

Pellegrini

Says the present group did not feel it had standing.

260

Rep. Prozanski

Asks if the Interim Judiciary Committee could empower the existing work group.

283

Chair Williams

Asks if the work group could come before the Interim Judiciary committee.

284

Staff

Submits letter from Department of Human Service (DHS) in support of HB 3481 (EXHIBIT G).

285

Chair Williams

Closes work session on HB 3481.  Adjourns meeting at 2:00 pm

 

 

 

EXHIBIT SUMMARY

 

A – HB 2490, Feasibility Study, Janet Carlson, 16 pp

B – HB 2490-1 amendment, staff, 4 pp

C – HB 3193-1 amendment, Rep. Avakian, 2 pp

D – HB 3193, written testimony, Rep. Avakian, 5 pp

E – HB 3193, written testimony, Sharon Harmon, 2 pp

F – HB 3193, written testimony of Kelly Peterson, 8 pp

G – HB 3481, written testimony of Clyde Saiki, 3 pp