HOUSE COMMITTEE ON JUDICIARY

 

June 04, 2003 Hearing Room 357

1:00 p.m. Tapes 214 - 215

 

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: Craig Prins, Counsel

Ann Martin, Committee Assistant

 

MEASURE/ISSUES HEARD: HB 2637 Work Session

SB 880A Work Session

SB 189A Work Session

SB 564A Work Session

 

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speakers exact words. For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 214, A

003

Chair Williams

Calls the meeting to order at 1:15 p.m. Opens a work session on HB 2637.

HB 2637 WORK SESSION

017

J.L. Wilson

National Federation of Independent Business (NFIB/Oregon). Testifies on HB 2637 which provides that state agency has burden of proof on all disputed issues in certain contested case proceedings and that agency must meet burden by clear and convincing evidence and the -1 amendments (EXHIBIT A).

056

Patrick Allen

Office of Regulatory Streamlining. Says the -1 amendments replicate another bill, HB 2967. Says that HB 2637 should be referred to Ways and Means.

073

Rep. Shetterly

MOTION: Moves to ADOPT HB 2637-1 amendments dated 06/04/03.

 

 

VOTE: 8-0-1

EXCUSED: 1 - Macpherson

075

Chair Williams

Hearing no objection, declares the motion CARRIED.

078

Rep. Shetterly

MOTION: Moves HB 2637 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the Committee on Ways and Means BY PRIOR REFERENCE.

084

 

VOTE: 8-0-1

EXCUSED: 1 - Macpherson

083

Chair Williams

Hearing no objection, declares the motion CARRIED.

085

Chair Williams

Closes the work session on HB 2637 and opens a work session on SB 880A.

SB 880A WORK SESSION

087

Craig Prins

Committee Counsel. Introduces SB 880A which establishes amount of supersedeas undertaking required for stay of certain judgments if judgment is against tobacco product manufacturer or affiliate or successor of tobacco product manufacturer that is making payments to state under Master Settlement Agreement or related legislation. Discusses the A7 amendments (EXHIBIT B).

100

Pete Shepherd

Deputy Attorney General. Testifies in support of bill and explains the

A7 amendments.

156

Chair Williams

Discusses bill and the A6 amendments (EXHIBIT C).

173

Rep. Krummel

Asks if the A6 amendments would be in addition to the A5 amendments (EXHIBIT D).

187

Chair Williams

Answers, yes.

200

Rep. Krummel

Asks what happens if the state is the plaintiff.

204

Prins

Answers that they would fall back on the current law and it would be up to the judge.

215

Vice Chair Anderson

Asks if there are people representing either the plaintiffs or the defendants that could comment on the A7 amendments.

225

Chuck Tauman

Trial Lawyer, Portland. Discusses issues of Rep. Anderson and says he opposes any type of special treatment of the tobacco companies.

258

Vice Chair Ackerman

Asks about existing law and if any of the amendments repeal current statutes.

265

Prins

Answers, no. Says that the closest are the A5 amendments.

270

Vice Chair Ackerman

Asks about the -A5 amendments and if that is an irreconcilable conflict.

278

Prins

Says that is a good question and is not sure how they would interrelate with the new language.

318

Rep. Shetterly

MOTION: Moves to ADOPT SB 880A-5 amendments dated 05/28/03.

344

Rep. Prozanski

Says that he opposes the A5 amendments. Supports the A7 amendments.

364

Rep. Shetterly

Discusses amendments.

383

Vice Chair Ackerman

Opposes the A5 amendments and favors the A7 amendments.

396

 

VOTE: 5-4

AYE: 5 - Anderson, Jenson, Krummel, Shetterly, Williams

NAY: 4 - Ackerman, Barker, Macpherson, Prozanski

408

Chair Williams

The motion CARRIES.

 

410

Rep. Shetterly

MOTION: Moves to SUSPEND the rules for the purpose of making a CONCEPTUAL AMENDMENT to SB 880A.

 

 

VOTE: 9-0

412

Chair Williams

Hearing no objection, declares the motion CARRIED.

413

Rep. Shetterly

MOTION: Moves to AMEND SB 880A with CONCEPTUAL AMENDMENTS by inserting the word and on page 1, line 20, after the semicolon and on line 21 after the word plaintiff deleting the semicolon and the word "and" and inserting a period and deleting lines 22 and 23 in their entirety.

 

 

VOTE: 9-0

430

Chair Williams

Hearing no objection, declares the motion CARRIED.

441

Rep. Shetterly

MOTION: Moves SB 880A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 5-4

AYE: 5 - Anderson, Jenson, Krummel, Shetterly, Williams

NAY: 4 - Ackerman, Barker, Macpherson, Prozanski

448

Chair Williams

The motion CARRIES.

REP. SHETTERLY will lead discussion on the floor.

455

Rep. Prozanski

Gives notice of a possible minority report.

463

Chair Williams

Closes the work session on SB 880A and opens a work session on SB 189A.

SB 189A WORK SESSION

TAPE 215, A

017

Craig Prins

Committee Counsel. Introduces SB 189A which creates offense of organizing speed racing event. Discusses the A2 amendments and hand-engrossed bill (EXHIBITS E & F).

047

Troy Costales

Manager of Transportation and Safety Division, Oregon Department of Transportation. Says they have no opposition to the A2 amendments.

062

Phil Lemman

Oregon Criminal Justice Commission. Discusses bill. Says the bill does not need to go to Ways and Means.

072

Rep. Krummel

MOTION: Moves to ADOPT SB 189A-2 amendments dated 06/03/03.

 

 

VOTE: 8-0-1

EXCUSED: 1 - Shetterly

074

Chair Williams

Hearing no objection, declares the motion CARRIED.

079

Rep. Krummel

MOTION: Moves SB 189A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 8-0-1

EXCUSED: 1 - Shetterly

084

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. KRUMMEL will lead discussion on the floor.

086

Chair Williams

Closes the work session on SB 189A and opens a work session on SB 564A.

SB 564A WORK SESSION

088

Craig Prins

Committee Counsel. Introduces SB 564A which creates crime of assaulting law enforcement animal. Discusses A4 and A5 amendments (EXHIBITS G & H).

146

Rep. Macpherson

States his concerns.

165

Vice Chair Ackerman

Addresses his concerns that the bill goes too far in charging a person with a felony for acting in reasonable self defense if a law enforcement animal got out of hand and wounded that person.

174

Chair Williams

Says he likes the A4 amendments that give the Oregon Criminal Justice Commission the appropriate authority to set the level.

190

Rep. Prozanski

Agrees with Rep. Williams and thinks the A4 amendments are more appropriate.

215

Rep. Jenson

Talks about Rep. Ackermans concerns.

237

Chair Williams

Explains how a police department is ultimately responsible for their law enforcement animals.

284

Vice Chair Anderson

Says that this is a good bill.

296

Vice Chair Anderson

MOTION: Moves to ADOPT SB 564A-A5 amendments dated 06/02/03.

299

Rep. Krummel

Says that he like the A4 amendments.

330

Rep. Jenson

Supports the A4 amendments.

352

Vice Chair Anderson

Withdraws his motion.

356

Vice Chair Anderson

MOTION: Moves to ADOPT SB 564A-A4 amendments dated 06/02/03.

359

Rep. Macpherson

States he will support the A4 amendments. Expresses his concerns with the bill.

384

Rep. Barker

Explains that this will mostly apply if a person stabs or shoots a law enforcement dog or horse.

390

 

VOTE: 8-0-1

EXCUSED: 1 - Shetterly

399

Chair Williams

Hearing no objection, declares the motion CARRIED.

402

Rep. Anderson

MOTION: Moves SB 564A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE: 8-0-1

EXCUSED: 1 - Shetterly

413

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

418

Chair Williams

Closes the work session on SB 564A and adjourns the meeting at 2:05 p.m.

 

EXHIBIT SUMMARY

 

A HB 2637, -1 amendments, submitted by staff, dated 6/4/03, 7 pgs.

B SB 880A, -A7 amendments, submitted by staff, dated 6/4/03, 3 pgs.

C SB 880A, -A6 amendments, submitted by staff, dated 6/4/03, 2 pgs.

D SB 880A, -A5 amendments, submitted by staff, dated 5/28/03, 1 pg.

E SB 189A, -A2 amendments, submitted by staff, dated 6/3/03, 1 pg.

F SB 189A, hand-engrossed bill, submitted by staff, 6/4/03, 1 pg.

G SB 564A, -A4 amendments, submitted by staff, dated 6/2/03, 1 pg.

H SB 564A, -A5 amendments, submitted by staff, dated 6/2/03, 1 pg.