SENATE COMMITTEE ON JUDICIARY

May 06, 2003 Hearing Room 343

8:00 a.m. Tapes 120-121

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

Bill Joseph, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: SB 27 Public Hearing and Work Session

HB 2150A Work Session

SB 466 Work Session

SB 52 Work Session

SB 301 Work Session

SB 421 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 120, A
004	Chair Minnis	Calls the meeting to order at 8:15 a.m. and opens a public hearing on SB 27.
SB 27 PUBLIC HEARING
008	Vice Chair Burdick	Senate District 18. Submits testimony and testifies in support of SB 27 that provides person with claim for damages for unconscionable tactic (EXHIBIT A).
059	Chair Minnis	Closes the public hearing on SB 27 and opens a work session on HB 2150A.
HB 2150A WORK SESSION
061	Bill Joseph	Committee Counsel. Introduces HB 2150A that specifies that copy of small estate affidavit must be mailed or delivered to Estate Administration Unit of Department of Human Services.
086	Vice Chair Burdick	MOTION: Moves HB 2150A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
091	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. C. STARR will lead discussion on the floor.
093	Chair Minnis	Closes the work session on HB 2150A and opens a work session on SB 466.
SB 466 WORK SESSION
095	Chair Minnis	Introduces SB 466 that creates crimes of unlawful use of theft detection shielding device and unlawful use of theft detection device deactivator or remover and the -1 amendments (EXHIBIT B).
103	Vice Chair Burdick	MOTION: Moves to ADOPT SB 466-1 amendments dated 3/24/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
109	Chair Minnis	Hearing no objection, declares the motion CARRIED.
117	Vice Chair Burdick	MOTION: Moves SB 466 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
121	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
132	Chair Minnis	Closes the work session on SB 466 and opens a work session on SB 52.
SB 52 WORK SESSION
116	Craig Prins	Committee Counsel. Introduces SB 52 that creates crime of aggravated identity theft and the -3 amendments (EXHIBIT C).
145	Vice Chair Burdick	MOTION: Moves to ADOPT SB 52-3 amendments dated 5/5/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
148	Chair Minnis	Hearing no objection, declares the motion CARRIED.
152	Vice Chair Burdick	MOTION: Moves SB 52 to the floor with a DO PASS AS AMENDED recommendation.
155	Sen. Walker	Asks about another bill on identity theft.
158	Prins	Explains the difference between the two bills.
208		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
209	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. MINNIS will lead discussion on the floor.
210	Chair Minnis	Closes the work session on SB 52 and re-opens the public hearing on SB 27 that provides person with claim for damages for unconscionable tactic.
SB 27 PUBLIC HEARING
214	Vice Chair Burdick	Introduces the -2 amendments to SB 27 (EXHIBIT D).
229	Sen. Ringo	Believes that the amendments are too broad and would prefer the exemption on page 2, line 10 be removed.
260	Cheryl Pellegrini	Department of Justice. Testifies in support of SB 27. Clarifies what this bill would achieve.
351	Vice Chair Burdick	Clarifies the concern about telemarketers and what services they would be able to provide.
367	Pellegrini	Discusses page 3 of the -2 amendments.
384	Sen. Ringo	Asks for clarification of page 3, line 3, subsection 4 that talks about class action suits.
412	Pellegrini	Says it precludes private action.
441	Vice Chair Burdick	Explains that was the intent.
456	Sen. Ringo	Says he does not accept that explanation.
TAPE 121, A
003	Vice Chair Burdick	She understands that most actions taken for violations are run through the Attorney General’s office.
010	Sen. Ringo	Believes it is very important to have a civil remedy because the Attorney General’s office is too busy to get involved in some of these issues.
017	Chair Minnis	Talks about unlawful trade practices and asks if it isn’t exclusively enforced by the Attorney General’s office.
018	Pellegrini	Explains that it does have a private cause of action.
036	Sen. Ringo	Contends that page 3, line 30, subsection b of the -2 amendments states that a person cannot bring a private right of action.
037	Pellegrini	Provides her understanding of this section of the -2 amendments.
054	Sen. Ringo	Asks how the Attorney General’s office would handle a call.
061	Pellegrini	Says they would not take action unless it was a wide spread problem.
075	Sen. Ringo	Asks if there is staff available to handle the follow-up to these calls.
078	Pellegrini	Says she has one full-time employee devoted to these calls.
082	Sen. Walker	Asks about the operating budget.
085	Pellegrini	Says the decision must be made by the Attorney General.
102	Sen. Walker	Asks about junk faxes.
107	Pellegrini	Says a person must notify the company in writing before action can be brought.
121	Sen. Walker	Expresses concern about the exemption of a private right of action.
129	Pellegrini	Says there exists in Section 1, subsection 6, a private right of action for fax machines.
169	Chair Minnis	Closes the public hearing on SB 27 and opens a work session on SB 301.
SB 301 WORK SESSION
173	Craig Prins	Committee Counsel. Introduces SB 301 and the -1 amendments (EXHIBIT E) and the -2 amendments (EXHIBIT F). Says there will be a fiscal.
214	Sen. Walker	Expresses concern about the change that the amendments make to page 1, line 5.
222	Prins	Clarifies the meaning of the change.
264	Susan Russell	Oregon Criminal Defense Lawyers Association. Testifies in support of SB 301 and both amendments.
303	Doug Harkleroad	District Attorney, Lane County, Oregon. Says he is fine with the -1 amendments and will let the District Attorneys talk about the -2 amendments.
311	Kamela Shugar	Oregon District Attorneys Association. Testifies in opposition to the -2 amendments. Believes these amendments create a second crime of coercion.
355	Vice Chair Burdick	Asks for clarification of the coercion law.
365	Shugar	Explains the law.
367	Russell	Believes the coercion statute involves an additional element.
384	Sen. Ringo	Asks about a prank being covered under this statute.
390	Shugar	Says that it would possibly be considered hazing.
442	Sen. Ringo	Says he is not in favor of this bill. Says it is not in our interest to create additional crimes.
470	Vice Chair Burdick	Says she is luke-warm on this issue.
TAPE 120, B
025	Chair Minnis	Explains his concern about the ability to get a restraining order.
050	Sen. Walker	Says she supports the -1 amendments.
076	Vice Chair Burdick	MOTION: Moves to ADOPT SB 301-1 amendments dated 3/21/03.
		VOTE: 6-0
077	Chair Minnis	Hearing no objection, declares the motion CARRIED.
089	Vice Chair Burdick	MOTION: Moves SB 301 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-1 AYE: 5 - Burdick, Ferrioli, Starr C., Walker, Minnis NAY: 1 - Ringo
094	Chair Minnis	The motion CARRIES. SEN. WALKER will lead discussion on the floor.
095	Chair Minnis	Closes the work session on SB 301 and opens a work session on SB 421.
SB 421 WORK SESSION
098	Craig Prins	Committee Counsel. Introduces SB 421 that directs Oregon Criminal Justice Commission to classify manslaughter in second degree and criminally negligent homicide as crime category 9, and the -1 amendments (EXHIBIT G) and -2 amendments (EXHIBIT H). Says there is a fiscal impact on this bill.
153	Sen. Ringo	Asks about sentencing guidelines.
155	Prins	Explains the guidelines.
200	Vice Chair Burdick	MOTION: Moves to ADOPT SB 421-1 amendments dated 4/24/03.
		VOTE: 6-0
207	Chair Minnis	Hearing no objection, declares the motion CARRIED.
211	Vice Chair Burdick	MOTION: Moves to ADOPT SB 421-2 amendments dated 5/5/03.
		VOTE: 6-0
215	Chair Minnis	Hearing no objection, declares the motion CARRIED.
216	Chair Minnis	Explains that the fiscal on this legislation is only $11,616.
223	Vice Chair Burdick	MOTION: Moves SB 421 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 6-0
226	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
233	Chair Minnis	Closes the work session on SB 421 and re-opens the public hearing on SB 27.
SB 27 PUBLIC HEARING
241	Julie Brandis	Associated Oregon Industries. Testifies in opposition to SB 27.
305	Chair Minnis	Asks if a person should have a choice not to receive telemarketing calls.
311	Brandis	Explains that in the instance of a business or organization, those calls should be able to continue.
332	Sen. Ringo	Believes it would not be too hard to craft some language regarding prior relationships.
338	Brandis	Thinks that is what Sen. Burdick is trying to do.
353	Vice Chair Burdick	Asks why people would not be required to pick up every phone call if it is believed that telemarketing is in the public’s best interest.
365	Brandis	Talks about caller ID and believes it is not used that much in business. Says a business cannot afford not to pick up the phone.
418	Chair Minnis	Closes the public hearing on SB 27 and opens a work session.
SB 27 WORK SESSION
421	Vice Chair Burdick	MOTION: Moves to ADOPT SB 27-2 amendments dated 4/21/03.
		VOTE: 6-0
424	Chair Minnis	Hearing no objection, declares the motion CARRIED.
425	Vice Chair Burdick	MOTION: Moves SB 27 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-1 AYE: 5 - Burdick, Ferrioli, Ringo, Starr C., Walker NAY: 1 - Minnis
430	Chair Minnis	The motion CARRIES. SEN. BURDICK will lead discussion on the floor.
438	Chair Minnis	Closes the work session on SB 27 and adjourns the meeting at 9:40 a.m.

EXHIBIT SUMMARY

A – SB 27, written testimony submitted by Sen. Burdick, 1 p

B – SB 466, -1 amendments submitted staff, 8 pp

C – SB 52, -3 amendments submitted by staff, 1 p

D – SB 27, -2 amendments submitted by staff, 5 pp

E – SB 301, -1 amendments submitted by staff, 1 p

F – SB 301, -2 amendments submitted by staff, 1 p

G – SB 421, -1 amendments submitted by staff, 1 p

H – SB 421, -2 amendments submitted by staff, 1 p