HOUSE COMMITTEE ON JUDICIARY

 

 

June 26, 2003 Hearing Room 357

1:00 p.m. Tapes  226 - 228

 

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:                  Craig Prins, Counsel

Bill Taylor, Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 613A Public Hearing

                                                SB 617A Work Session

                                                SB 752A Work Session

                                                SB 820B Work Session

                                                SB 610A Public Hearing and Work Session

                                                SB 59A 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

 

226, A

 

004

Chair Williams

Call the meeting to order at 1:00 p.m.  Opens public hearing on SB 613A.

 

SB 613A PUBLIC HEARING

 

012

Senator Peter Courtney

Senate District 11.  Submits testimony and testifies in support of SB 613A which authorizes sports official to order coach, team player or spectator to leave sports event (EXHIBIT A). 

 

078

Alan Moberg

Coordinator of Officials. Testifies in support of SB 613A.

 

106

Tom Welter

Executive Director, Oregon School Activities Association (OSAA).  Submits testimony and testifies in support of SB 613A (EXHIBIT B).

 

149

Mark Caudel

Mayor of Sherwood. Testifies in support of SB 613A.

 

187

Rep. Shetterly

Asks about spectators and suggests that the word “attends” should replace “observes.”

 

204

Sen. Courtney

Agrees that “attends” is a better choice of words.

 

225

Rep. Shetterly

Asks what degree of misdemeanor this is.

 

236

Rep. Prozanski

Says that it is probably a Class C because it’s a criminal trespass in the second degree.

 

241

Rep. Krummel

Asks Mayor Caudel about Sherwood’s ordinance.

 

246

Caudel

Says they have not passed an ordinance yet. Adds they are looking for a statewide policy to follow.

 

256

Rep. Krummel

Asks if local government would need additional ordinances.

 

265

Caudel

Hopes that they set up a framework for cities to follow.

 

275

Rep. Prozanski

Comments that the word “attends” is a better choice than “observes.” Refers to line 23 of the bill and the term “inappropriate behavior.”

 

307

Caudel

States that inappropriate behavior is defined in the bill.

 

329

Sen. Courtney

Explains how the language was decided on.

 

338

Rep. Prozanski

States that this is something that they should be doing, but the statute needs to be very specific.

 

373

Craig Prins

Committee Counsel. Explains that criminal trespass in the second degree is a “C” misdemeanor and this would be up to 6 months in jail.

 

394

Rep. Krummel

Discusses “disorderly conduct” and “inappropriate behavior.”

 

411

Chair Williams

Refers to Rules of Conduct and discusses free speech issues.

 

TAPE 227, A

 

018

Rep. Shetterly

Comments that they could incorporate the crime of harassment in the bill.

 

051

Welter

Responds about conduct at school athletic events. Says that they are seeing a lot of fans combating with other fans. Testifies that SB 613A will give officials authority to remove abusive spectators. 

 

066

Rep. Krummel

Says that he sees this bill as necessary when an official has no other option.

 

102

Welter

Discusses situations when problems occur. Discusses codes of conduct. Says that this bill will give them some legal backing to deal with these incidents.

 

138

Rep. Jenson

Comments on the problem of kids modeling behavior of the professional athletes.

 

174

Sen. Courtney

Says this legislation would be statewide and would apply to professional sports teams as well.

 

186

Vice Chair Ackerman

Expresses concerns about technical aspects of bill. 

 

210

Chair Williams

Expresses the committee’s interest in the bill and suggests further work on it. Closes public hearing on SB 613A and opens a work session on SB 617A.

 

SB 617A WORK SESSION

 

224

Craig Prins

Committee Counsel.  Introduces SB 617A which requires restitution in all cases in which victim suffers injury, loss or damage. Explains the A4 and A5 amendments (EXHIBITS  C - E).

 

307

Hardy Myers

Attorney General.  Testifies in support of SB 617A with the A5 amendments. Clarifies the A5 amendments. Discusses the differences between the A4 and A5 amendments.

 

394

Rep. Shetterly

Testifies in support of the A4 amendments.

 

460

Rep. Barker

Testifies in support of the A5 amendments.

 

TAPE 226, B

 

031

Rep. Shetterly

Discusses judicial discretion.

 

059

Rep. Macpherson

Testifies that judicial discretion has its place, but restitution is apart from that. Testifies in support of the A5 amendments.

 

072

Vice Chair

Ackerman

Testifies in support of the A4 amendments.

 

080

Vice Chair Anderson

Thinks that the criminal should carry out the full sentence. Says the A5’s are the preferred amendments.

 

114

Rep. Prozanski

Agrees with parts of both amendments. Discusses restitution as a part of criminal justice to enable the victim to not have to go through the civil process.

 

189

Myers

Reiterates that full accountability should be carried out on the perpetrator.

 

235

Rep. Shetterly

MOTION:  Moves to ADOPT SB 617A-4 amendments dated 06/17/03.

 

 

 

VOTE:  3-6

AYE:               3 - Ackerman, Jenson, Shetterly

NAY:               6 - Anderson, Barker, Krummel, Macpherson, Prozanski, Williams

 

239

Chair Williams

The motion FAILS.

 

240

Rep. Barker

MOTION:  Moves to ADOPT SB 617A-5 amendments dated 06/18/03.

 

 

 

VOTE:  8-1

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

NAY:               1 - Shetterly

 

245

Chair Williams

The motion CARRIES.

 

247

Rep. Williams

MOTION:  Moves SB 617A to the floor with a DO PASS AS AMENDED recommendation.

 

249

Rep. Krummel

Supports bill with A5 amendments.

 

266

Rep. Jenson

Says he will support the bill.

 

273

Rep. Prozanski

States he supports the bill.

 

293

Rep. Shetterly

Says he will support the bill, but has grave concerns.

 

324

 

VOTE:  9-0

 

326

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. BARKER will lead discussion on the floor.

 

329

Chair Williams

Closes work session on SB 617A and opens a work session on SB 752A.

 

SB 752A WORK SESSION

 

332

Craig Prins

Committee Counsel.  Explains SB 752A which creates Sexual Assault Victims’ Emergency Medical Response Fund.

 

386

Hardy Myers

Attorney General. Testifies in support of SB 752A with the A5 amendments (EXHIBIT F).

 

396

David Fiskum

Providence Health System. Testifies in support of SB 752A with the A5 amendments.  Concurs with the Attorney General. Supports SB 752A relative to hospital billing practices and health insurance claims practices.

 

439

Rep. Barker

Says he is appalled that there is a section taken out of the bill that protects rape victims and adds that he has proposed amendments that he is not bringing forward today. States he will vote no on the amendments and the bill.

 

467

Chair Williams

MOTION:  Moves to ADOPT SB 752A-5 amendments dated 06/25/03.

 

 

 

VOTE:  7-2

AYE:               7 - Ackerman, Jenson, Krummel, Macpherson, Prozanski, Shetterly, Williams

NAY:               2 - Anderson, Barker

 

471

Chair Williams

The motion CARRIES.

 

491

Chair Williams

MOTION:  Moves SB 752A to the floor with a DO PASS AS AMENDED recommendation.

 

499

Chair Williams

VOTE:  6-1-2

AYE:               6 - Ackerman, Anderson, Jenson, Prozanski, Shetterly, Williams

NAY:               1 - Barker

EXCUSED:     2 - Krummel, Macpherson

 

500

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. WILLIAMS will lead discussion on the floor.

 

 

TAPE 227, B

 

040

Chair Williams

Closes the work session on SB 752A. Opens a work session on SB 820B.

 

SB 820B WORK SESSION

 

046

Bill Taylor

Committee Counsel. Introduces SB 820B which specifies that Legislative Assembly reserves 250,000 acre-feet of Upper Columbia River mainstem water for future economic development. Discusses B12 amendments (EXHIBIT G).

 

070

Rep. Jenson

Explains SB 820B. Discusses other water bills HB 3215 and HB 3217.

 

120

Doug Riggs

Central Oregon Cities Organization. Submits testimony and testifies in support of SB 820B (EXHIBIT H).

 

163

Adam Sussman

Water Resources Department. Describes water rights in the Columbia River Basin.

 

199

Rep. Jenson

MOTION:  Moves to ADOPT SB 820B-12 amendments dated 06/25/03.

 

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Macpherson

 

200

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

202

Rep. Jenson

MOTION:  Moves SB 820B to the floor with a DO PASS AS AMENDED recommendation.

 

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel Macpherson

 

210

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

 

 

REP. JENSON will lead discussion on the floor.

 

213

Chair Williams

Closes the work session on SB 820B and opens a work session on SB 610A.

 

SB 610A PUBLIC HEARING

 

218

Senator Kate Brown

Senate District 21. Submits testimony and testifies in support of SB 610A which requires certain employers to allow employees who are victims of certain crimes to take leave from employment to attend criminal or juvenile proceedings or other proceedings at which crime victims have right to be present (EXHIBIT I). Discusses the A5 and A6 amendments (EXHIBITS J & K).

 

262

Rebecca Gandy

Oregon Coalition Against Domestic and Sexual Violence. Submits testimony and testifies in support of SB 610A (EXHIBIT L).

 

272

Anne Pratt

Reads testimony of Marie Armstrong, a parent of a murdered child and member of Crime Victims United (EXHIBIT M).

 

360

Craig Plunkett

Crime Victims United.  Submits testimony and testifies in support of SB 610A. Relates how his son was murdered in Washington, D.C. as a college student (EXHIBIT N). 

 

TAPE 228, A

 

002

Plunkett

Continues describing how his employer treated him during his grief over his son’s murder.

 

041

Steve Doell

Crime Victims United.  Testifies on murder cases in Portland area and how parents lost their jobs.

 

078

Chair Williams

Closes the public hearing on SB 610A and opens a work session.

 

SB 610A WORK SESSION

 

083

Craig Prins

Committee Counsel. Discusses the A5 and A6 amendments. Comments on the testimony submitted by Phil Lemman (EXHIBIT O).

 

096

Chair Williams

Talks about bill and amendments.

 

123

Rep. Prozanski

MOTION:  Moves to ADOPT SB 610A-6 amendments dated 06/26/03.

 

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Shetterly

 

125

Chair Williams

Hearing no objection, declares the motion CARRIED.

 

126

Rep. Prozanski

MOTION:  Moves SB 610A to the floor with a DO PASS AS AMENDED recommendation.

 

 

 

VOTE:  7-0-2

EXCUSED:  2 - Krummel, Shetterly

 

131

Chair Williams

Hearing no objection, declares the motion CARRIED.

REP. PROZANSKI will lead discussion on the floor.

 

135

Chair Williams

Closes the work session on SB 610A and opens a work session on SB 59A.

 

SB 59A WORK SESSION

 

135

Craig Prins

Committee Counsel. Introduces SB 59A which extends period during which forfeiture counsel must file criminal information or indictment for criminal forfeiture. Discusses the A5 amendments (EXHIBIT P).

 

165

Rep. Jenson

MOTION:  Moves to ADOPT SB 59A-5 amendments dated 06/26/03.

 

178

Rep. Prozanski

Wonders why they have the A5 amendments.

 

227

Rep. Jenson

Says he thinks the A5 amendments are necessary.

 

239

Chair Williams

Says according to Rep. Prozanski there is another forfeiture process if they want to sell a weapon and Rep. Jenson says there is another process.

 

268

Prozanski

This expedites the ability for the guns to be forfeited.

 

300

Daina Vitolins

Assistant Attorney General, Department of Justice. Mentions this is not an expedited forfeiture process. Expresses the need for SB 59A.

 

328

Rep. Prozanski

Asks for further explanation on forfeiture.

 

346

Vitolins

Describes the change in the statute.

 

378

David Fidanque

American Civil Liberties Union. Testifies on SB 59A and talks about how the proceeds are used.  

 

379

 

VOTE:  5-1-3

AYE:               5 - Ackerman, Anderson, Barker, Jenson, Williams

NAY:               1 - Prozanski

EXCUSED:     3 - Krummel, Macpherson, Shetterly

 

380

Chair Williams

The motion CARRIES.

 

448

Rep. Jenson

MOTION:  Moves SB 59A to the floor with a DO PASS AS AMENDED recommendation.

 

452

Rep. Prozanski

Says that he will be voting no on the bill because he sees it in direct conflict with Measure 3.

 

477

 

VOTE:  5-1-3

AYE:               5 - Ackerman, Anderson, Barker, Jenson, Williams

NAY:               1 - Prozanski

EXCUSED:     3 - Krummel, Macpherson, Shetterly

 

478

Chair Williams

The motion CARRIES.

REP. JENSON will lead discussion on the floor.

 

491

Chair Williams

Closes the work session on SB 59A. Adjourns the meeting at 3:22 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 613A, written testimony, submitted by Senator Peter Courtney, 2 pgs.

B – SB 613A, written testimony, submitted by Tom Welter, 1 pg.

C – SB 617A, -A4 amendments, submitted by staff, dated 6/17/03, 2 pgs.

D – SB 617A, -A5 amendments, submitted by staff, dated 6/18/03, 2 pgs.

E – SB 617A, hand-engrossed bill, submitted by staff, 7 pgs.

F – SB 752A, -A5 amendments, submitted by staff, dated 6/25/03, 7 pgs.

G – SB 820B, -B12 amendments, submitted by staff, dated 6/26/03, 16 pgs.

H – SB 820B, written testimony, submitted by Doug Riggs, 3 pgs.

I – SB 610A, written testimony, submitted by Senator Brown, 1 pg.

J – SB 610A, -A6 amendments, submitted by staff, dated 6/26/03, 1 pg.

K – SB 610A, -A5 amendments, submitted by staff, dated 6/26/03, 1 pg.

L – SB 610A, written testimony, submitted by Rebecca Gandy, 1 pg.

M – SB 610A, written testimony of Marie Armstrong, submitted by Anne Pratt, 2 pgs.

N – SB 610A, written testimony, submitted by Craig Plunkett, 3 pgs.

O – SB 610A, letter and list, submitted by Phil Lemman, 2 pgs.

P – SB 59A, -A5 amendments, submitted by staff, dated 6/26/03, 3 pgs.