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