SENATE COMMITTEE ON JUDICIARY

 

 

April 28, 2003                                                                                                      Hearing Room 343

8:00 A.M.                                                                                                                   Tapes 110-111

 

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:           Public Hearings (Tap-Tap)

                                                HB 2319 Public Hearing and Work Session

                                                HB 2322 Public Hearing and Work Session

                                                HB 2314 Public Hearing

                                                HB 2316 Public Hearing

                                                HB 2318 Public Hearing

                                                SB 752 Public Hearing and Work Session

                                                SB 90 Work Session

                                                SB 189 Work Session

                                                SB 64 Work Session

                                                SB 217 Work Session

                                                SB 743 Work Session

                                                SB 342 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 110, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens public hearings on HB 2057A, HB 2059A, HB 2060A, HB 2063A, HB 2064, HB 2086A, HB 2095A, HB 2099, HB 2101, HB 2111A, HB 2113A, HB 2114A, HB 2150A, HB 2206A, HB 2207A, HB 2221A, HB 2275A, HB 2276A, HB 2284, HB 2314, HB 2316, HB 2318, HB 2422, HB 2425A, HB 2449, HB 2594, HB 2682A, HB 2727, HB 2736, HB 2761A, HB 2770A, HB 2866, HB 2873A, HB 2885, HB 3107A, HB 3317, HB 3351, HB 3361, HB 3366, HB 3370, HB 3371, and HB 3372A.

022

Chair Minnis

Closes the public hearings on the above listed bills and opens a public hearing on HB 2319.

HB 2319 PUBLIC HEARING

029

Greg Chaimov

Legislative Counsel.  Submits testimony and testifies in support of HB 2319 that makes technical corrections to statutes relating to legislative committees (EXHIBIT A).

057

Chair Minnis

Closes the public hearing on HB 2319 and opens a work session.

HB 2319 WORK SESSION

062

Sen. Ringo

MOTION:  Moves HB 2319 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Burdick

066

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

074

Chair Minnis

Closes the work session on HB 2319 and opens a public hearing on HB 2322.

HB 2322 PUBLIC HEARING

075

Greg Chaimov

Legislative Counsel. Introduces HB 2322 that adds certain existing sections of law to ORS chapter 107.

090

Chair Minnis

Closes the public hearing on HB 2322 and opens a work session.

HB 2322 WORK SESSION

092

Sen. Ringo

MOTION:  Moves HB 2322 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0-1

EXCUSED:  1 – Sen. Burdick

098

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. CHARLES STARR will lead discussion on the floor.

103

Chair Minnis

Closes the work session on HB 2322 and opens a public hearing on HB 2314.

HB 2314 PUBLIC HEARING

105

Greg Chaimov

Legislative Counsel. Introduces HB 2314 that corrects references to laws relating to trusts.

114

Chair Minnis

Closes the public hearing on HB 2314 and opens a public hearing on HB 2316.

HB 2316 PUBLIC HEARING

117

Greg Chaimov

Legislative Counsel. Introduces HB 2316 that repeals law that makes abolishment of Board of Trustees of Children’s Trust Fund contingent upon certain conditions.

130

Chair Minnis

Closes the public hearing on HB 2316 and opens a public hearing on HB 2318.

HB 2318 PUBLIC HEARING

132

Greg Chaimov

Legislative Counsel. Introduces HB 2318 that makes technical corrections to statutes relating to records.

149

Chair Minnis

Closes the public hearing on HB 2318 and opens a public hearing on SB 752.

SB 752 PUBLIC HEARING

154

Craig Prins

Committee Counsel.  Introduces SB 752 that creates sexual assault victims’ emergency medical response fund, and the -2 amendments (EXHIBIT B).

170

Chair Minnis

Closes the public hearing on SB 752 and opens a work session.

SB 752 WORK SESSION

176

Hardy Myers

Attorney General.  Testifies in support of SB 752.

223

Phyllis Barkhurst

Assistant Attorney General.  Testifies in support of SB 752.

261

Chair Minnis

Asks if testing for paternity is available in this kind of sexual assault.

272

Barkhurst

Says, no.

306

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 752-2 amendments dated 4/18/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

309

Chair Minnis

Hearing no objection, declares the motion CARRIED.

317

Vice Chair Burdick

MOTION:  Moves SB 752 to the floor with a DO PASS AS AMENDED recommendation and a letter be sent to the Senate President requesting the referral to the JOINT COMMITTEE on WAYS and MEANS be rescinded.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

320

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

325

Chair Minnis

Closes the work session on SB 752 and opens a work session on SB 90.

SB 90 WORK SESSION

328

Craig Prins

Committee Counsel. Introduces SB 90 that increases penalty to speed racing, and the -2 amendments (EXHIBIT C).  Says this bill will need to go to the Joint Ways and Means Committee.  Discusses the fiscal impact statement.

426

Sen. Walker

Asks where these convictions are coming from.

432

Prins

Says Lane County has had only four convictions, but Multnomah, Clackamas, Washington, and Josephine Counties have large numbers of convictions.

TAPE 111, A

035

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 90-2 amendments dated 4/16/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli and Sen. Ringo

038

Chair Minnis

Hearing no objection, declares the motion CARRIED.

040

Vice Chair Burdick

MOTION:  Moves SB 90 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the JOINT committee on WAYS and MEANS.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

044

Chair Minnis

Hearing no objection, declares the motion CARRIED.

047

Chair Minnis

Closes the work session on SB 90 and opens a work session on SB 189.


 

SB 189 WORK SESSION

049

Craig Prins

Introduces SB 189 that creates offense of organizing speed racing event, and the -1 amendments (EXHIBIT D).

078

Vice Chair Burdick

Asks if there are current laws against organized racing.

080

Prins

Explains the way the current statute reads.

099

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 189-1 amendments dated 3/5/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

101

Chair Minnis

Hearing no objection, declares the motion CARRIED.

102

Vice Chair Burdick

MOTION:  Moves SB 189 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

105

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. MINNIS will lead discussion on the floor.

111

Chair Minnis

Closes the work session on SB 189 and opens a work session on SB 64.

SB 64 WORK SESSION

128

Bill Joseph

Committee Counsel.  Introduces SB 64 that eliminates intestate share of certain descendants of grandparents of decedents, and the -3 amendments (EXHIBIT E).

145

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 64-3 amendments dated 4/21/03.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ringo, Sen. Ferrioli

154

Chair Minnis

Hearing no objection, declares the motion CARRIED.

155

Vice Chair Burdick

MOTION:  Moves SB 64 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-2

EXCUSED:  2 - Sen. Ferrioli, Sen. Ringo

167

Vice Chair Burdick

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

173

Chair Minnis

Closes the work session on SB 64 and opens a work session on SB 217.

SB 217 WORK SESSION

178

Warren Deras

Department of Justice.  Introduces SB 217 that provides that when Director of Division of State Lands has been appointed personal representative for person who dies intestate and without heirs, director must immediately petition for appointment of successor personal representative if it is determined that no part of estate will escheat to state (EXHIBIT F), and the -1, -2, and -3 amendments (EXHIBITS G-I).

TAPE 110, B

041

Sen. Walker

Says she has concerns about taking a possible inheritance away from long-lost relatives.

054

Sen. Starr

Says he agrees with Sen. Walker.

059

Vice Chair Burdick

Says she likes the amendments, and believes that the intent is much more in line with wanting to put their money into some public purpose.

074

Sen. Ringo

Says he prefers that heir ship remain as it is.

081

Chair Minnis

Explains his understanding of the intent of the -2 amendments.

120

Matt Markee

Brandenberg & Davis. Testifies in opposition to the -2 and -3 amendments.

167

Deras

Discusses the -3 amendments.  Says this amendment eliminates the incentive for fraud.

239

Chair Minnis

Talks about the fee structure in the -3 amendments.

245

Deras

Says the more complicated the estate, the higher the fee.

260

Chair Minnis

Asks if a private attorney would receive the kind of fee that a search firm does.

265

Deras

Says the probate court would have to approve the attorney’s fee.

267

Chair Minnis

Concludes that a licensed attorney would not get near the fee that a search firm would get.

268

Deras

Clarifies that the attorney for the personal representative would not, but that there is no regulation on the attorney representing heirs.

276

Sen. Ringo

Asks why the current fee schedule encourages fraud.

283

Deras

Gives an example.  Says the level of fees at 30 to 50 percent encourages fraud.

408

Chair Minnis

Closes the work session on SB 217 and opens a work session on SB 743.

SB 743 WORK SESSION

415

Bill Joseph

Committee Counsel.  Introduces SB 743 that extends tort liability coverage through Oregon Department of Administrative Services to private community care providers that provide services to persons with developmental disabilities or mental illness, and the -1 amendments (EXHIBIT J).

453

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 743-1 amendments dated 3/27/03.

 

 

VOTE:  6-0

455

Chair Minnis

Hearing no objection, declares the motion CARRIED.

460

Vice Chair Burdick

MOTION:  Moves SB 743 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the JOINT COMMITTEE on WAYS and MEANS.

 

 

VOTE:  6-0

463

Chair Minnis

Hearing no objection, declares the motion CARRIED.

466

Chair Minnis

Closes the work session on SB 743 and opens a work session on SB 342.


 

SB 342 WORK SESSION

473

Craig Prins

Introduces SB 342 that provides that for purposes of crime of possession of controlled substance person possesses controlled substance if person intentionally consumes controlled substance and certain other circumstances are present.

TAPE 111, B

029

Brian Delashmutt

Oregon Council of Police Associations. Testifies in support of SB 342.

051

Sen. Ferrioli

Says there are more ways to ingest marijuana than just smoking it.

063

Delashmitt

Explains that the statute only states that it includes smoking.

071

Sen. Ringo

Asks how a school is to know about the consumption of marijuana.

077

Delashmutt

Says he understands that there is a test available.

083

Prins

Explains there are trained experts that can identify usage.

094

Sen. Ringo

Asks how in the practical sense this is going to work.

098

Chair Minnis

Explains his understanding of the required identification process.

108

Kelly Skye

Oregon Criminal Defense Lawyers Association.  Testifies in opposition to SB 342.

134

Chair Minnis

Believes that this would not preclude administrative process by the school.

165

Sen. Ringo

Asks if there should be a legal mechanism to handle a child stoned at school.

170

Skye

Says their biggest concern is placing a violation on a youth’s record and the implications it would have.

180

Prins

Explains the juvenile status.

191

Sen. Ferrioli

Discusses his support of SB 342.

211

Sen. Walker

Disagrees. Says this bill applies to people up to the age of 21, and a record cannot be expunged after the age of 18.

234

Delashmutt

Explains why the age of 21 was decided on.

251

Chair Minnis

Talks about a discussion held with several school administrators regarding the drug issue.

266

Delashmutt

Talks about examples given to him.

280

Vice Chair Burdick

MOTION:  Moves SB 342 to the floor with a DO PASS recommendation.

282

Sen. Walker

Believes that this bill is going overboard.

290

Sen. Ringo

Expresses concern that this bill may not send the right message.

301

Vice Chair Burdick

Says she approves of the way this statute would be used.

325

 

VOTE:  5-1

AYE:               5 – Burdick, Ferrioli, Ringo, Starr C., Minnis

NAY:               1 - Walker

327

Chair Minnis

The motion CARRIES.

SEN. BURDICK will lead discussion on the floor.

330

Chair Minnis

Closes the work session on SB 342 and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB’s 2314, 2316, 2318, 2319, 2322, written testimony submitted by Greg Chaimov, 2 pp

B – SB 752, -2 amendments submitted by staff, 1 p

C – SB 90, -2 amendments submitted by staff, 1 p

D – SB 189, -1 amendments submitted by staff, 1 p

E – SB 64, -3 amendments submitted by staff, 8 pp

F – SB 217, written testimony submitted by Warren Deras, 16 pp

G – SB 217, -1 amendments submitted by staff, 2 pp

H – SB 217, -2 amendments submitted by staff, 2 pp

I – SB 217, -3 amendments submitted by staff, 2 pp

J – SB 743, -1 amendments submitted by staff, 1 p