SENATE COMMITTEE ON JUDICIARY

 

 

February 12, 2003                                                                                               Hearing Room 343

8:00 A.M.                                                                                                                       Tapes 25-26

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Charles Starr

Sen. Vicki Walker

 

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           SB 212 Public Hearing

                                                SB 90 Public Hearing

                                                SB 189 Public Hearing

                                                 

 

 

 

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 25, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 212.

SB 212  - PUBLIC HEARING

010

David Yandell

Oregon State Police.  Introduces Mary Campbell, Bill Buckley and Scott Tighe.

017

Bill Buckley

Oregon State Police.  Submits testimony and testifies in support of SB 212 which provides express authorization for certain agencies to submit fingerprints to Federal Bureau of Investigation to conduct criminal records checks (EXHIBITS A & B).

062

Chair Minnis

Asks if all fingerprint checks are sent to the FBI national records system.

064

Buckley

Replies only for concealed handgun licensing.

072

Vice Chair Burdick

Asks for clarification of what would change on the concealed handgun licensing.

074

Buckley

Replies it would provide authority to the sheriff’s office to conduct a national fingerprint check.

089

Chair Minnis

Asks why Oregon has to have a statute to conform to Federal requirements.

097

Buckley

Explains that states must meet certain requirements in order to access FBI records.

107

Sen. Walker

Asks if background checks are being done at this time.

108

Buckley

Says, yes.

114

Sen. Walker

Asks the cost of a background check.

116

Buckley

Details the costs.

132

Sen. Ferrioli

Asks who makes the determination that a background check is needed.

147

Mary Campbell

Oregon State Police.  Explains when a background check is needed and who authorizes it.

160

Chair Minnis

Wonders who develops rules governing when a national check would be necessary.

162

Buckley

Says the Sheriff’s office is the authorizing agency by statute.

190

Chair Minnis

Asks for further clarification.

221

Campbell

Says the State Police does the fingerprint verification.

229

Sen. Ferrioli

Asks about the FBI records.

232

Campbell

Explains how the FBI records are used.

244

Chair Minnis

Asks for clarification of local and federal records.

228

Campbell

Explains that an FBI number would be assigned to anyone who applies for a concealed weapon license.

265

Andrea Meyer

American Civil Liberties Union (ACLU).  Testifies in opposition to SB 212.  Asks for amendments.

324

Chair Minnis

Closes the public hearing on SB 212 and opens a public hearing on SB 90 which increases penalty for speed racing.

SB 90 – PUBLIC HEARING

330

Mark Landauer

City of Portland, Office of Government Relations. Testifies in support of SB 90 with amendments.

379

Mike Garvey

Commander, Portland Police Bureau, Traffic Division.  Testifies in support of SB 90.

TAPE 26, A

020

Rod Lucich

Sergeant, Portland Police Bureau.  Testifies in support of SB 90.

063

Sen. Ferrioli

Asks about pick-up races and wonders if they are more prevalent than organized speed racing.

068

Lucich

Alleges that pick-up racing is not more prevalent.

077

Garvey

Discusses the occurrence of both.

094

Sen. Ferrioli

Wonders if the penalty attached is a deterrent.

125

Lucich

Discusses the remedies.

171

Sen. Ferrioli

Asks about the impoundment procedure in the City of Portland.

172

Garvey

Explains the impoundment approach.

204

Landauer

Says there are impound ordinances in other local jurisdictions.


 

215

Lucich

Says there has been a drop in organized speed racing since Portland implemented its ordinance.

233

Vice Chair Burdick

Asks if the racers are insured.

237

Lucich

Says, yes.

244

Vice Chair Burdick

Asks if impoundment is similar to the impoundment for failure to have insurance.

250

Lucich

Discusses impoundment procedure.

266

Vice Chair Burdick

Asks about injuries and fatalities in recent years.

270

Lucich

Says there have been six fatalities in the past three months.

290

Craig Prins

Committee Counsel.  Explains convictions of those who were responsible for fatalities.

300

Chair Minnis

Asks if there is a defect in impoundment procedures.

308

Landauer

Says he is not aware of any.

330

Chair Minnis

Asks committee counsel to research the issue.

345

Chair Minnis

Asks if there is a way to prove someone is organizing a speed racing event.

359

Garvey

Responds, yes.

371

Lucich

States examples of probable cause.

430

Vice Chair Burdick

Asks about the raceway in Portland.

441

Lucich

Explains the development of the raceway.

TAPE 25, B

043

Chair Minnis

Closes the public hearing on SB 90 and opens a public hearing on SB 189.

SB 189 – PUBLIC HEARING

048

Troy Costales

Oregon Department of Transportation (ODOT).  Submits testimony and testifies in support of SB 189 that creates offense of organizing speed racing event (EXHIBIT C).

081

Chair Minnis

Closes the public hearing on SB 189 and adjourns the meeting at 9:10 a.m.

           

 

EXHIBIT SUMMARY

 

A – SB 212, written testimony submitted by Bill Buckley, 2 pp

B – SB 212, written testimony submitted by Scott S. Tighe, 1 p

C – SB 189, written testimony submitted by Troy Costales, 1 p