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.