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