SENATE COMMITTEE ON JUDICIARY

 

 

April 08, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                         Tapes 89-90

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ted Ferrioli

Sen. Charlie Ringo

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Ginny Burdick, Vice Chair

Sen. Charles Starr

 

STAFF PRESENT:                 Bill Joseph, Counsel

Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2305A Work Session

                                                HB 2306A Work Session

                                                HB 2307A Work Session

                                                HB 2309A Work Session

                                                SB 732 Public Hearing

                                                SB 459 Public Hearing

                                                HB 2526A Public Hearing and Work Session

                                                SB 216 Public Hearing and 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

TAPE 89, A

003

Chair Minnis

Calls the meeting to order at 8:25 a.m. and opens a work session on HB 2305A.

HB 2305A WORK SESSION

009

Bill Joseph

Committee Counsel.  Introduces HB 2305A that revises state policy and requirements for use and disclosure of certain health information, and the -7 amendments (EXHIBIT A).

021

Sen. Ringo

MOTION:  Moves to ADOPT HB  2305A-A7 amendments dated 04/07/03.

043

Sen. Ferrioli

Expresses objection to the -7 amendments, but wants the bill to move forward.

059

Sen. Walker

Says the courts would never approve the excessive costs discussed.

067

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

067

Chair Minnis

Hearing no objection, declares the motion CARRIED.

069

Sen. Ringo

MOTION:  Moves HB 2305A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

080

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

082

Chair Minnis

Closes the work session on HB 2305A and opens a work session on

HB 2306A.

HB 2306A WORK SESSION

083

Bill Joseph

Committee Counsel. Introduces HB 2306A that revises information privacy requirements for certain health insurers, and the -A4 amendments (EXHIBIT B).

091

Sen. Walker

MOTION:  Moves to ADOPT HB 2306A-A4 amendments dated 04/04/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

093

Chair Minnis

Hearing no objection, declares the motion CARRIED.

094

Sen. Walker

MOTION:  Moves HB 2306A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

098

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

100

Chair Minnis

Closes the work session on HB 2306A and opens a work session on

HB 2307A.

HB 2307A WORK SESSION

101

Bill Joseph

Committee Counsel.  Introduces HB 2307A that revises requirements for disclosure of or access to certain health information to conform to federal law relating to privacy of health information, and the –A4 amendments (EXHIBIT C).

109

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2307A-A4 amendments dated 04/04/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

111

Chair Minnis

Hearing no objection, declares the motion CARRIED.

113

Sen. Ferrioli

MOTION:  Moves HB 2307A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

117

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

119

Chair Minnis

Closes the work session on HB 2307A and opens a work session on

HB 2309A.


 

HB 2309A WORK SESSION

119

Bill Joseph

Committee Counsel.  Introduces HB 2309A that allows physician or psychologist with patient authorization or court order to provide certain information to court visitor in protective proceedings.

121

Sen. Walker

MOTION:  Moves HB  2309 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

125

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

147

Chair Minnis

Closes the work session on HB 2309A and opens a public hearing on SB 732.

SB 732 PUBLIC HEARING

149

Craig Prins

Committee Counsel. Introduces SB 732 that mandates impoundment of vehicle upon conviction of driving while suspended or revoked, and introduces the -2 amendments (EXHIBIT D).

213

Sen. Ringo

Asks if impoundment would occur without a conviction.

217

Prins

Replies, yes.

246

Sen. Ringo

Asks if some due process questions might arise.

248

Prins

Explains that there is a statute that provides for a hearing before a judge.

266

Susan Russell

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 732.  Believes that the courts should maintain discretion.

360

Sen. Ringo

Says the current system is not dealing with the crime and wonders what would work if not SB 732.

372

Russell

Discusses a few possible options.

402

Sen. Ferrioli

Acknowledges that he supports the bill.

424

Sgt. Curt Curtis

Oregon State Police.  Submits testimony and testifies as neutral on SB 732 (EXHIBIT E) .  Discusses the fiscal impact.  Says there is a problem with the -2 amendments.

TAPE 90, A

080

Sen. Ringo

Expresses concern about the costs involved.

085

Sgt. Curtis

Replies that offices with larger contingencies have been able to do the impoundments based on current law.

087

Sen. Ringo

Asks where these offices are located.

088

Sgt. Curtis

Says Portland, Albany, and Springfield are among the offices doing impoundments.

116

Sen. Ringo

Says prosecution should not be a cost factor in this bill.  Asks how impoundment would work in other less populated areas of the state.

135

Sgt. Curtis

Believes it would be difficult for those areas of the state where there are no towing companies or storage capacity.

148

Chair Minnis

Says dealing with drunk drivers needs to be a priority, and discussing fiscal issues is not dealing with this problem.

154

Sgt. Curtis

Explains it is the infrastructure that is the concern, and that drunk drivers are a priority.

170

Sen. Ferrioli

Expresses his concern that these drivers are not being dealt with appropriately.

200

Al Elkins

Car and Truck Rental and Leasing Assn. of Oregon (CATRALA ).  Submits testimony and testifies as neutral on SB 732 (EXHIBIT F).

242

Sen. Ringo

Asks about the car rental procedure.

248

Elkins

Says there is no mechanism for checking the validity of a person’s driver license.  Submits testimony of Bob Russell (EXHIBIT G).

271

Mark Landauer

City of Portland.  Expresses the city’s concerns about impoundment on a 30-day or 60-day basis.

317

Sen. Ringo

Asks about Portland’s impoundment procedures and asks if it is a money making proposition.

322

Landauer

Says they lose a small amount of money.

328

Sen. Ringo

Asks for some data that would show the loss.

330

Landauer

Replies that he will get that data for the committee.

363

Sen. Walker

Asks about the certificate of non-liability requested by Mr. Elkins.

367

Landauer

Explains his understanding of what the certificate would do.

403

Sen. Walker

Believes this should be a part of this bill.

409

Landauer

Says there has been a general agreement of this issue.

425

Christy Munson

League of Oregon Cities.  Testifies in opposition to SB 732.  Discusses the costs involved and impoundment costs.  Says her understanding is that the -2 amendments only deal with impoundments.

TAPE 89, B

020

Prins

Clarifies that the -2 amendments relate to ORS 809.720, which is the statute dealing with “impounding by an officer upon arrest.”

030

Munson

Asks further about the impoundment provision.

032

Prins

Explains ORS 809.720.

037

Sen. Ringo

Asks about the 70% collection rate.

040

Munson

Explains that 70% is optimistic, but does not know what the current rate is.

044

Sen. Ringo

Asks for clarification of what a collection rate includes.

049

Munson

Explains the charges could be significant when storing a vehicle for 30 to 60 days.

063

Chair Minnis

Closes the public hearing on SB 732 and opens a public hearing on SB 459.

SB 459 PUBLIC HEARING

083

Jeffrey Wimmer

Represents Sen. Steve Harper, Senate District 28.  Reads a letter from Rep. Shetterly. Testifies in support of SB 459 that provides that Hearing Officer Panel issues final order for agency that is conducting contested case hearing.

101

Bill Joseph

Committee Counsel.  Explains the intentions of SB 459 and the -2 amendments (EXHIBIT H).

137

Sen. Bill Fisher

Senate District 1.  Testifies in support of SB 459.  Says the Hearing Officer Panel’s position needs to be strengthened.

202

Chair Minnis

Asks for further clarification of the intent of SB 459.

206

Sen. Fisher

Explains the intent.

214

Joseph

Clarifies a misconception of the bill.

255

Rep. Lane Shetterly

House District 23.  Testifies in support of  SB 459 and the -2 amendments.

345

Sen. Walker

Asks why the Governor vetoed those specific standards that are now being addressed in the -2 amendments.

359

Rep. Shetterly

Says one of the Governor’s reasons for the veto was fiscal in nature.

389               

Rep. Wayne Scott

House District 39.  Testifies in support of SB 459.  Says it is an issue of fairness.

445

Chair Minnis

Closes the public hearing on SB 459 and opens a public hearing on HB 2526A.

HB 2526A PUBLIC HEARING

TAPE 90, B

007

Rep. Lane Shetterly

House District 23.  Submits testimony and testifies in support of HB 2526A that repeals sunset on laws creating Hearing Officer Panel (EXHIBIT I).  Introduces the -1, -3A and -4A amendments (EXHIBIT J-L).

131

Chair Minnis

Closes the public hearing on HB 2526A and opens a work session.

HB 2526A WORK SESSION

133

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2526A-1 amendments dated 02/20/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

135

Chair Minnis

Hearing no objection, declares the motion CARRIED.

136

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2526A-A3 amendments dated 03/17/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

138

Chair Minnis

Hearing no objection, declares the motion CARRIED.

139

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 2526A-A4 amendments dated 04/07/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

140

Chair Minnis

Hearing no objection, declares the motion CARRIED.

143

Chair Minnis

Asks why some agencies are included and some are not.

146

Rep. Shetterly

Explains which ones are excluded and why.

179

Sen. Walker

Says she is very supportive of this bill.

190

Sen. Walker

MOTION:  Moves HB 2526A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

194

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

198

Chair Minnis

Closes the work session on SB 2526A and opens a public hearing on SB 216.

SB 216 PUBLIC HEARING

200

Bill Joseph

Committee Counsel. Introduces SB 216 that establishes contested case proceeding as method to resolve disputes in unclaimed property examination.

211

Jeanette Holman

Department of State Lands.  Submits testimony and testifies in support of SB 216 (EXHIBIT M).

225

Chair Minnis

Closes the public hearing on SB 216 and opens a work session.

SB 216 WORK SESSION

228

Sen. Walker

MOTION:  Moves SB 216 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Burdick, Sen. Starr

232

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

239

Chair Minnis

Closes the work session on SB 216 and adjourns the meeting at 10:05 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2305, -A7 amendments submitted by staff, 2 pp

B – HB 2306, -A4 amendments submitted by staff, 1 p

C – HB 2307, -A4 amendments submitted by staff, 2 pp

D – SB 732, -2 amendments submitted by staff, 3 pp

E – SB 732, written testimony submitted by Curt Curtis, 1 p

F – SB 732, written testimony of submitted by Al Elkins, 4 pp

G – SB 732, written testimony of Robert Russell submitted by Al Elkins, 1 p

H – SB 459, -2 amendments submitted by staff, 2 pp

I – HB 2526, written testimony submitted by Rep. Lane Shetterly, 10 pp

J – HB 2526, -1 amendments submitted by staff, 1 p

K – HB 2526, -A3 amendments submitted by staff, 1 p

L – HB 2526, -A4 amendments submitted by staff, 2 pp

M – SB 216, written testimony submitted by Jeannette Holman, 2 pp

N – SB 459, written testimony of Charlie Stone submitted by staff, 2 pp