SENATE COMMITTEE ON JUDICIARY

 

 

April 30, 2003                                                                                                      Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 114-115

 

MEMBERS PRESENT:         Sen. John Minnis, Chair

Sen. Ginny Burdick, Vice-Chair

Sen. Ted Ferrioli

Sen. Charles Starr

Sen. Vicki Walker

 

MEMBER EXCUSED:          Sen. Charlie Ringo

 

STAFF PRESENT:                 Craig Prins, Counsel

Jane Bodenweiser, Committee Assistant

 

 

MEASURE/ISSUES HEARD:           HB 2811A Public Hearing

                                                SB 894 Public Hearing

                                                SB 895 Public Hearing

                                                HB 3339A Public Hearing

                                                HB 2034A Public Hearing

                                                HB 2821A 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 114, A

003

Chair Minnis

Calls the meeting to order at 8:10 a.m. and opens a public hearing on HB 2811A.

HB 2811A PUBLIC HEARING

007

Rep. Lane Shetterly

House District 23.  Introduces HB 2811A that expands definition of minimum care with regard to non-ambulatory livestock animals for purposes of certain criminal statutes, and testifies in support of HB 2811A.

025

Chair Minnis

Closes the public hearing on HB 2811A and opens a public hearing on SB 894.

SB 894 PUBLIC HEARING

029

Sen. Ryan Deckert

Senate District 14.  Submits testimony and testifies in support of SB 894 that provides that active or inactive member’s interest in Public Employees Retirement System is not exempt from execution issued to enforce monetary obligation imposed under judgment of conviction of felony that is related to member’s employment by participating public employer (EXHIBIT A).

063

Vice Chair Burdick

Asks about a public employee that is accused of failing to do his/her duty.

070

Sen. Deckert

Explains what needs to occur for this legislation to take effect.

086

Vice Chair Burdick

Asks if any of the funds fined get to the victim.

092

Bill Taylor

Committee Counsel.  Explains that there are fines as well as restitution, and it all depends on the court order.

109

Wayne Harvey

Beaverton, OR.  Testifies in support of SB 894.  Discusses a case at Conestoga Middle School.

155

Chair Minnis

Wonders about the defendant’s spouse or dependent children who have needs.

179

Harvey

Talks about his experience in the Army where a crime committed immediately before retirement created a forfeiture of retirement pay.

202

Steve Delaney

Public Employees Retirement System, Legislative liaison.  Discusses the definition of benefits in the bill.

219

Chair Minnis

Thinks there needs to be some clarification of what benefits would be affected by federal law.

221

Delaney

Says he is unable to answer that question, but will bring a report back to the committee.

231

Sen. Walker

Expresses concern about benefits being taken away from dependents.

255

Vice Chair Burdick

Wonders about the current process regarding fines short of raiding a pension fund.

282

Sen. Ferrioli

Expresses concern that we might be creating more victims with this legislation.

307

Mary Botkin

American Federation of State, County and Municipal Employees. Testifies in opposition to SB 894.  Says there are applicability issues with this bill.

369

Vice Chair Burdick

Explains the burdensome process involved in dealing with this legislation.

401

Chair Minnis

Closes the public hearing on SB 894 and opens a public hearing on SB 895.

SB 895 PUBLIC HEARING

408

Sen. Bill Morrisette

Senate District 6.  Introduces SB 895 that increases criminal penalties for selling, giving or otherwise providing alcoholic beverages to person under 21 years of age, and testifies in support of the bill.

TAPE 115, A

031

Pamela Erickson

Coalition to Reduce Underage Drinking.  Submits testimony and testifies as neutral on SB 895 (EXHIBIT B).

079

Vice Chair Burdick

Asks for clarification of how a parent would be penalized under this legislation.

090

Erickson

Explains that the issue of parents providing alcohol to their children was designed to recognize those cultures where wine is served with the meal and a child learns the proper use of alcohol at their own dinner table.

098

Bill Taylor

Committee Counsel.  Asks about religious custom.

100

Erickson

Responds that she believes there is some allowance for that.

105

Chair Minnis

Explains that the bill seems rather unclear and that it might need to be reconstructed.

112

John Stubenvoll

Oregon Liquor Control Commission. Submits testimony and testifies in support of SB 895 (EXHIBIT C).  Gives an overview and suggests -1 amendments which are not yet available to the committee.

189

Vice Chair Burdick

Asks for elaboration on the religious exemption.

192

Stubenvoll

Replies that there is an exemption, but will have to get back to the committee on that subject.

207

Chair Minnis

Closes the public hearing on SB 895 and reopens the public hearing on HB 2811A and opens a public hearing on HB 3339A.

HB 2811A AND HB 3339A PUBLIC HEARING

224

Kelly Peterson

The Humane Society of the United States.  Submits testimony and testifies in support of HB 2811A and HB 3339A (EXHIBIT D).

253

Glen Stonebrink

Oregon Cattlemen’s Association.  Testifies in support of HB 2811A and HB 3339A.

262

Sen. Ferrioli

Asks for a definition of humane euthanasia.

288

Stonebrink

Explains that any rancher would know the humane way to dispose of an animal.

307

Peterson

Says it is an acceptable practice.

329

Chair Minnis

Asks what the problem is that needs to be fixed by HB 3339A.

342

Peterson

Explains that there are animals that are not ambulatory being transported inhumanely for trade.

380

Stonebrink

Says the president of the livestock association testified in the House committee that this bill would help them prevent this practice.

402

Marcia Keith

Oregon Veterinary Medical Association.  Submits testimony and testifies in support of HB 2811A and HB 3339A (EXHIBITS E and F).

413

Vice Chair Burdick

Asks if the symptoms of Mad Cow Disease would be similar to other downed animal symptoms.

420

Stonebrink

Explains the need to dispose of such an animal, but advises that there is no disease of this kind in the United States at this time.

TAPE 114, B

020

Sen. Walker

Asks if the Humane Society is supporting a bill that would allow shooting an animal.

024

Peterson

Explains that shooting is more humane that long-term suffering.

054

Chair Minnis

Closes the public hearing on HB 2811A and HB 3339A and opens a public hearing on HB 2034A.

HB 2034A PUBLIC HEARING

063

Rob Bovett

Assistant County Counsel, Lincoln County, OR.  Submits testimony and testifies in support of HB 2034A that modifies definition of iodine matrix (EXHIBIT G).

154

Chair Minnis

Asks about an increase in burglary if drugs are behind the counter.

156

Bovett

Says it has not been the case in Lincoln County, in fact, it has decreased shoplifting.

217

Vice Chair Burdick

Asks if there would be a limit on the amount of Sudafed one could purchase.

220

Bovett

Explains that there is a national standard of a 9-gram limitation.

243

Chair Minnis

Asks how many meth labs are in Lincoln County.

248

Bovett

Says it is hard to quantify, but says it is increasing very quickly.

261

Chair Minnis

Asks about reoccurring arrests for cooking meth.

264

Bovett

Says there are some who build up enough of a record to spend time in federal prison, but it takes quite a record to get there.

272

Bill Taylor

Committee Counsel.  Asks how the product to be behind the counter would be defined.

279

Bovett

Says they are defined narrowly by the active ingredients.

288

Sen. Walker

Says there are always new chemicals being used and worries that more and more drugs will need to be put behind the counter.

308

Bovett

Thinks that we need to start somewhere.

321

Sen. Walker

Asks about the limit one can purchase without breaking the law.

328

Bovett

Explains there are exemptions built in to the current law.

348

Larry Welty

Oregon Narcotics Enforcement Association.  Submits testimony and testifies in support of HB 2034A (EXHIBIT H).

431

Marcia Keith

Oregon Veterinary Medical Association.  Submits testimony and testifies in support of HB 2034A (EXHIBIT I).

482

Julie Brandis

Oregon Retail Association. Testifies in opposition to HB 2034A.  Says retailers are put in a very difficult position by requiring certain drugs be put behind the counter.

TAPE 115, B

051

Sen. Walker

Expresses concern about the enforcement of this legislation.

053

Chair Minnis

Closes the public hearing on HB 2034A and opens a public hearing on HB 2821A.

HB 2821A PUBLIC HEARING

065

Rob Bovett

Assistant County Counsel, Lincoln County, Oregon.  Submits testimony and testifies in support of HB 2821A (EXHIBIT J).

093

Marshall Ross

Sr. Deputy, Multnomah County Sheriff’s Office.  Submits testimony and testifies in support of HB 2821A (EXHIBIT K).

135

Brian Wallace

Civil Deputy, Polk County Sheriff’s Office.  Submits testimony and testifies in support of HB 2821A (EXHIBIT L).

173

Chair Minnis

Wants to check on a possible conflict of fees.

180

Bovett

Explains that HB 2646 is the bill being referred to and that Dave Heyndrickx of Legislative Counsel worked on both bills.

188

Wallace

Continues to explain sections of HB 2821A.

221

Tim Leader

Civil Deputy Supervisor, Washington County Sheriff’s Office.  Testifies in support of HB 2821A.

259

Chair Minnis

Asks about Section 1 language that refers to “shall use such force as is necessary” and expresses concern about the “shall.”

273

Ross

Explains why the word “shall” should remain in the bill.

282

Chair Minnis

Contends that a court order does not resolve an officer of responsibility to use restraint.

312

Vice Chair Burdick

Says she would be more comfortable with some qualifying language.

328

Bovett

Explains that almost all civil statutes are flushed out in extensive case law and case law develops standards of conduct.

348

Bill Taylor

Committee Counsel.  Asks if the language in this bill comes from another statute.

353

Bovett

Says this language is the statute that was inadvertently repealed out of Chapter 29 in the 2001 legislation.

362

Taylor

Asks if the word “reasonable” could be used.

366

Bovett

Says he does not have a problem with including “reasonable.”

371

Vice Chair Burdick

Asks about a deputy being able to make the decision to leave the scene.

382

Ross

Describes such an incident.

420

Chair Minnis

Closes the public hearing on HB 2821A and adjourns the meeting at 10:00 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 894, written testimony submitted by Sen. Ryan Deckert, 1 p

B – SB 895, written testimony submitted by Pamela Erickson, 1 p

C – SB 895, written testimony submitted by Jon Stubenvoll, 2 pp

D – HB 2811A, HB 3339A, written testimony submitted by Kelly Peterson, 1 p

E – HB 2811A, written testimony submitted by Marcia Keith, 1 p

F – HB 3339A, written testimony submitted by Marcia Keith, 1 p

G – HB 2034A, written testimony submitted by Rob Bovett, 18 pp

H – HB 2034A, written testimony submitted by Larry Welty, 3 pp

I – HB 2034A, written testimony submitted by Marcia Keith, 1 p

J – HB 2821, written testimony submitted by Rob Bovett, 1 p

K – HB 2821, written testimony submitted by Marshall Ross, 1 p

L – HB 2821, written testimony submitted by Brian Wallace, 2 pp