SENATE COMMITTEE ON JUDICIARY

 

 

March 19, 2003                                                                                                   Hearing Room 343

8:00 a.m.                                                                                                                     TAPES 62 - 63

 

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 620 Public Hearing

                                                SB 611 Public Hearing

                                                SB 683 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 62, A

004

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on SB 620.

SB 620 PUBLIC HEARING

011

Mary Botkin

American Federation of State, County and Municipal Employees (AFSCME).  Testifies in support of SB 620 that requires agency employing police or corrections officer to reimburse officer for attorney fees incurred as result of criminal prosecutions and investigations against officer under specified circumstances.  Submits testimony of Scott Campbell (EXHIBIT A).

023

Dwayne Skinner

Department of Corrections.  Submits testimony and testifies in support of SB 620 (EXHIBIT B).

050

Chair Minnis

Asks if counsel has reviewed the “use of force” case referred to.

054

Bill Taylor

Committee Counsel.  Replies that he has not, but will get copies for the committee.

061

Chair Minnis

Asks what the central issue is that needs to be fixed.

063

Skinner

Explains that fees need to be reimbursed to an officer after being exonerated.


 

069

Chair Minnis

Asks if Mr. Penn, Marion County District Attorney, takes these cases to a grand jury.

070

Skinner

Says he prefers them to be determined by one’s peers.

073

Chair Minnis

Asks why the Portland Police Association contract language is used in this legislation.

074

Skinner

Explains that it is so that what is being asked is not something new.

082

Chair Minnis

Asks if collective bargaining would serve the purpose instead of a statutory change.

083

Botkin

Believes that public safety officials should be protected beyond what they can get at the bargaining table.

101

Chair Minnis

Asks if AFSCME has tried to bargain for a contract provision.

103

Botkin

Says, yes, it is being considered at this time.

131

Sen. Walker

Asks about the procedure when there is an allegation of excessive use of force.

140

Skinner

Explains the procedure.

150

Sen. Walker

Asks how often this happens.

153

Skinner

Says it does not often happen.

157

Chair Minnis

Asks what the internal process is in the Department of Corrections.

168

Skinner

Says there is an internal affairs board.

178

Chair Minnis

Asks who investigates the allegations.

181

Skinner

Says the Oregon State Police investigate allegations.

188

Vice Chair Burdick

Asks at what point an outside agency intervenes.

196

Skinner

Explains that it depends on the charges filed.

201

Vice Chair Burdick

Wonders what happens if the state police find no reason to pursue a charge.

206

Skinner

Says there could be administrative sanctions applied.

211

Vice Chair Burdick

Asks at what point a lawyer is needed.

214

Skinner

Explains it would be when a criminal charge is made.

224

Vice Chair Burdick

Wonders about a charge less than criminal.

234

Skinner

Says anytime the Miranda Rights are read, a lawyer is needed.

247

Vice Chair Burdick

Asks if the bill should only address officer-involved shootings.

253

Botkin

Expresses concern that excessive force could be the issue and it should be covered as well.

290

Chair Minnis

Explains that excessive force would be handled by internal affairs.

295

Chair Minnis

Closes the public hearing on SB 620 and opens a public hearing on   SB 611.

SB 611 PUBLIC HEARING

313

Cindy Robert

American Institute of Architects (AIA).  Introduces John Baker.  Submits testimony and testifies in support of SB 611 that imposes pleading requirements for claim against architect, registered landscape architect, professional engineer or professional land surveyor if claim arises out of provision of services within course and scope of activities for which person is licensed (EXHIBIT C).

374

John Baker

Board Member, AIA.  Testifies in support of SB 611.  Explains the bill gives notice to design professionals of standards expected.

433

Robert

Explains the footnotes on the bill (Exhibit C).

466

Vice Chair Burdick

Asks about the technicality of cases dismissed.

481

Baker

Explains the responsibility of the parties involved.

TAPE 63, A

034

Sen. Ringo

Expresses his concerns about other professions that might be, or want to be, included in this legislation.

056

Robert

Discusses the certificate of merit.  Says that this statute applies to ORS 30.785 that is already specific to architects and engineers.

075

Chair Minnis

Talks about the architectural profession compared to other professions.

084

Sen. Ringo

Wonders if there is something about the profession that causes frivolous lawsuits.

093

Robert

Points out the study done on professional liability claims against architects and engineers that is included in Exhibit C.

101

Baker

Clarifies further the services provided by architects and engineers.

137

Sen. Ringo

Asks what proof is necessary and when to file a claim.

145

Baker

Explains the rule that applies and the process.

163

Sen. Ringo

Says he would want to scale back some of the requirements.

178

Chair Minnis

Asks for clarification of how notice is handled.

186

Sen. Ringo

Explains procedure in federal and state civil courts.

210

Robert

Explains that this bill is not a model of what other states have done.

202

Sen. Ringo

Clarifies his stand on the bill as it is written.

238

Vice Chair Burdick

Asks if including a requirement of certification that a professional had been consulted would be helpful.

264

Baker

Says, yes, that is what this bill is trying to accomplish.

302

Vice Chair Burdick

Asks if this bill would apply when an individual architect is sued.

309

Baker

Says this bill would not apply in that circumstance.

345

Chair Minnis

Recesses the meeting at 9:00 a.m.

354

Chair Minnis

Reconvenes the meeting at 9:15 a.m. and re-opens the public hearing on SB 611.

362

Richard Lane

Oregon Trial Lawyers Association.  Submits testimony and testifies in opposition to SB 611 (EXHIBIT D).  Says he is willing to come back at a later time.

388

Chair Minnis

Asks that a work group be formed to work on some modifications to the proposed legislation.

398

Bill Joseph

Committee Counsel.  Says he will coordinate the work group.

420

James Marvin

Asks to be a member of the work group.

428

Chair Minnis

Closes the public hearing on SB 611 and re-opens the public hearing on SB 620.

SB 620 PUBLIC HEARING

TAPE 62, B

005

Mary Botkin

AFSCME. Says that after consulting with members, they have agreed to narrow the bill.

033

Chair Minnis

Closes the public hearing on SB 620 and opens a public hearing on SB 683.

SB 683 PUBLIC HEARING

056

Kathleen Dewoina

Coldwell Banker Mt. West Real Estate.  Testifies in support of SB 683 that authorizes buyer to recover as damages three times amount of earnest money deposited pursuant to owner’s sale agreement or earnest money agreement if sale fails to close and seller unreasonably refuses to release earnest money.

101

Chair Minnis

Asks how one would define “unreasonably refuses” as written in the bill.

115

Dewoina

Explains how that would apply in an earnest money contract.

130

Sen. Walker

Asks where earnest money is deposited.

133

Dewoina

Says it is deposited with a title company.

136

Sen. Walker

Asks how often this problem comes up.

136

Dewoina

Says it doesn’t happen often, but it is damaging to buyers with little money to forfeit.

151

Sen. Walker

Asks what organizations she belongs to, and if they have taken a position on this bill.

154

Dewoina

Lists the organizations to which she belongs, and says none have taken a position on this bill.

159

Vice Chair Burdick

Asks why a seller would not agree to release earnest money, if they know it will stay with the title company.

164

Dewoina

Explains that some sellers just choose to be unreasonable.

198

Sen. Ferrioli

Says he has a number of issues with this bill. 

251

Chair Minnis

Says the wording is unclear as to fault.

270

Sen. Ferrioli

Gives a scenario when a failed sale is the buyers fault and says there is no protection for the seller.

290

Sen. Ringo

Explains what action would be taken in the example given.

301

Dewoina

Explains that conditions of a sale are always in writing.

339

Matt Farmer

Oregon Association of Realtors.  Testifies in opposition to SB 683.  Says the bill is asymmetrical and unreasonable.

444

Sen. Walker

Asks how rare this problem is, and what is being done to fix the earnest money dispute.

455

Farmer

Says earnest money disputes are fairly common, and what is uncommon is a party not releasing it out of spite.  Explains what remedy is being worked on by the Oregon Association of Realtors.

501

Chair Minnis

Closes the public hearing on SB 683 and adjourns the meeting at 9:50 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 620, written testimony of Scott Campbell submitted by Mary Botkin, 1 p

B – SB 620, written testimony submitted by Dwayne Skinner, 14 pp

C – SB 611, written testimony submitted by Cindy Robert, 16 pp

D – SB 611, written testimony submitted by Richard Lane, 1 p

E – SB 620, printed material submitted by staff, 18 pp