SENATE COMMITTEE ON JUDICIARY

May 15, 2003 Hearing Room 343

8:00 a.m. Tapes 132-133

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

Bill Taylor, Counsel

Jane Bodenweiser, Committee Assistant

MEASURE/ISSUES HEARD: HB 2284 Work Session

HB 2873A Public Hearing and Work Session

HB 2885 Public Hearing and Work Session

HB 2114A Work Session

HB 2821A Work Session

HB 2803A Public Hearing

HB 2866 Public Hearing and Work Session

HB 3363A Public Hearing and Work Session

HB 2811A 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 132, A
003	Chair Minnis	Calls the meeting to order at 8:12 a.m. and opens a work session on HB 2284.
HB 2284 WORK SESSION
006	Bill Joseph	Committee Counsel. Introduces HB 2284 that allows recommencement of civil action that is involuntarily dismissed without prejudice on any ground not adjudicating merits of action, or is involuntarily dismissed with prejudice because statute of limitations has expired, if action was filed within time allowed by statute and defendant had actual notice of filing of action not later than 60 days after action was filed.
018	Vice Chair Burdick	MOTION: Moves HB 2284 to the floor with a DO PASS recommendation.

		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
022	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor.
023	Chair Minnis	Closes the work session on HB 2284 and opens a public hearing on HB 2873A.
HB 2873A PUBLIC HEARING
025	Bill Taylor	Committee Counsel. Introduces HB 2873A that accelerates transfer of responsibility for indigent defense services from State Court Administrator to Public Defense Services Commission.
035	Wallace P. Carson, Jr.	Chief Justice of the Oregon Supreme Court. Testifies in support of HB 2873A.
056	Barnes H. Ellis	Public Defense Services Commission. Submits testimony and testifies in support of HB 2873A (EXHIBIT A).
194	Peter Ozanne	Executive Director, Public Defense Services Commission. Offers to answer any questions of the committee.
199	Chair Minnis	Closes the public hearing on HB 2873A and opens a work session.
HB 2873A WORK SESSION
200	Vice Chair Burdick	MOTION: Moves HB 2873A to the floor with a DO PASS recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Walker
204	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. FERRIOLI will lead discussion on the floor.
210	Chair Minnis	Closes the work session on HB 2873A and opens a public hearing on HB 2885.
HB 2885 PUBLIC HEARING
210	Bill Taylor	Committee Counsel. Introduces HB 2885 that provides that person convicted of driving while under the influence of intoxicants for third time is subject to revocation of driving privileges, and the -1 amendments (EXHIBIT B).
233	Rep. Jeff Barker	House District 28. Testifies in support of HB 2885.
259	Sen. Ringo	Asks about reinstatement of a license after 10 years.
262	Rep. Barker	Replies that this legislation does not change that waiting period.
272	Anne Pratt	Mothers Against Drunk Driving (MADD). Submits testimony and testifies in support of HB 2885 (EXHIBIT C).
367	Sen. Ringo	Comments that he supports this legislation.
377	Bruce Pratt	Lane County, Oregon. Submits testimony and testifies in support of HB 2885 (EXHIBIT D).
446	Stephanie Tuttle	Oregon District Attorneys Association. Testifies in support of HB 2885.
483	Chair Minnis	Closes the public hearing on HB 2885 and opens a work session.

HB 2885 WORK SESSION
488	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2885-1 amendments dated 5/14/03.
		VOTE: 5-0-1 EXCUSED: 1 – Sen. Ferrioli
500	Chair Minnis	Hearing no objection, declares the motion CARRIED.
508	Vice Chair Burdick	MOTION: Moves HB 2885 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 – Sen. Ferrioli
510	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. C. STARR will lead discussion on the floor.
TAPE 133, A
038	Chair Minnis	Closes the work session on HB 2885 and opens a work session on HB 2114A.
HB 2114A WORK SESSION
039	Bill Taylor	Committee Counsel. Introduces HB 2114A that provides that single writ of garnishment may be issued for two or more judgments for past due support owed by same judgment debtor. Says the conflict amendments are the –A2 amendments (EXHIBIT E).
047	Vice Chair Burdick	MOTION: Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2114A.
		VOTE: 5-0-1 EXCUSED: 1 – Sen. Ferrioli
049	Chair Minnis	Hearing no objection, declares the motion CARRIED.
051	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2114A-A2 amendments dated 5/13/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
053	Chair Minnis	Hearing no objection, declares the motion CARRIED.
055	Vice Chair Burdick	MOTION: Moves HB 2114A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
057	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
064	Chair Minnis	Closes the work session on HB 2114A and opens a work session on HB 2821A.
HB 2821A WORK SESSION
065	Bill Taylor	Committee Counsel. Introduces HB 2821 that clarifies authority of sheriff to use such force as is necessary to enter into building or enclosure and take personal property when court has ordered sheriff to take property into custody at specific premises, and the –A2 amendments (EXHIBIT F).

077	Vice Chair Burdick	MOTION: Moves to ADOPT HB 2821A-A2 amendments dated 5/2/03.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
080	Chair Minnis	Hearing no objection, declares the motion CARRIED.
081	Vice Chair Burdick	MOTION: Moves HB 2821A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0-1 EXCUSED: 1 - Sen. Ferrioli
085	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
090	Chair Minnis	Closes the work session on HB 2821A and opens a public hearing on HB 2803A.
HB 2803A PUBLIC HEARING
091	Bill Taylor	Committee Counsel. Introduces HB 2803A that authorizes Department of Corrections to enter into contracts with public entity for provision of correctional services in facilities out of state.
098	Mitch Morrow	Department of Corrections. Submits testimony and testifies in support of HB 2803A (EXHIBIT G).
122	Sen. Ringo	Asks what Oregon does with regard to sending prisoners to other states.
125	Morrow	Says there is an interstate compact program.
130	Sen. Ringo	Asks if the rental bed program contemplates using private or public prisons.
132	Morrow	Says that it would be using public prisons in other states.
135	Sen. Ringo	Asks what the cost of a bed is.
137	Morrow	Says approximately $70 to $80 per night.
146	Sen. Starr	Asks what the problem was with considering private prisons.
148	Morrow	Replies there was concern about some of the history the department had with private prisons.
155	Sen. Starr	Asks for details of what the problems were with the private prison program.
158	Morrow	Explains there were some escape problems as well as some sexual assault issues.
162	Vice Chair Burdick	Asks what is being done about the high cost of care for elderly and disabled prisoners.
169	Morrow	Says it is currently being reviewed.
176	Chair Minnis	Expresses concern about the public safety issue.
187	Sen. Walker	Addresses a number of problems with sending prisoners out of state.
207	Morrow	Explains what the criteria is for sending prisoners out of state
232	Sen. Walker	Asks about security risks from overcrowding.
236	Morrow	Explains some of the risks.
253	Sen. Walker	Asks how inmates sent out of state will be monitored.
263	Morrow	Says there will be periodic review.
281	Sen. Walker	Asks how long an inmate might be in an out-of-state prison.
289	Morrow	Says he does not have that information.
326	Chair Minnis	Says the instate beds are more cost effective.
361	Vice Chair Burdick	Asks who pays medical costs for a prisoner sent out of state.
366	Morrow	Says if it is serious, the prisoner would be brought back to Oregon.
379	Vice Chair Burdick	Asks for further understanding of medical costs in other states.
380	Morrow	Says there would be a review of medical costs if they seemed out of line.
403	Mary Botkin	American Federation of State, County and Municipal Employees. Testifies in support of HB 2803A.
TAPE 132, B
057	Sen. Walker	Asks about the requirement for inmates to work.
066	Morrow	Says that is one of the considerations when sending an inmate out of state.
069	Sen. Walker	Asks about inmates with families.
073	Morrow	Says this is an issue that has not been addressed.
078	Sen. Walker	Says she is voting no on this bill unless she can get this addressed.
083	Vice Chair Burdick	Asks if women are being sent out of state.
089	Morrow	Says they are not.
097	Vice Chair Burdick	Asks about the jail in Portland that is not being used.
101	Morrow	Says a number of counties have approached Corrections about available beds.
110	Chair Minnis	Closes the public hearing on HB 2803A and opens a public hearing on HB 2866.
HB 2866 PUBLIC HEARING
115	Stephanie Tuttle	Oregon District Attorneys Association. Testifies in support of HB 2866 that expands circumstances under which peace officer may present evidence, examine and cross-examine witnesses and make arguments in trials involving violations.
127	Chair Minnis	Asks what kinds of cases are included.
128	Tuttle	Says violation cases such as traffic violations and minors in possession are included in this legislation.
139	Chair Minnis	Asks if there are motions to suppress evidence in these cases.
140	Tuttle	Says, typically not.
151	Vice Chair Burdick	Asks for clarification of when a district attorney is barred from the hearing.
154	Tuttle	Says it is when a person is not represented by counsel.
167	Chair Minnis	Closes the public hearing on HB 2866 and opens a work session.
HB 2866 WORK SESSION
169	Vice Chair Burdick	MOTION: Moves HB 2866 to the floor with a DO PASS recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ringo, Sen. Ferrioli
173	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor.
176	Chair Minnis	Closes the work session on HB 2866 and opens a public hearing on HB 3363A.
HB 3363A PUBLIC HEARING
177	Bill Taylor	Committee Counsel. Introduces HB 3363A that defines drug court program, and the –A4 amendments (EXHIBIT H).
193	Nancy Miller	State Court Administrator’s Office. Submits testimony and testifies in support of HB 3363A (EXHIBIT I).
231	Vice Chair Burdick	Asks what the –A4 amendments do.
232	Miller	Explains the two changes to the bill.
252	Sen. Walker	Says that she is pleased that the direct court has received a grant.
262	Chair Minnis	Asks about treatment providers setting fees.
265	Miller	Replies that it is something that they are already doing.
273	Chair Minnis	Closes the public hearing on HB 3363A and opens a work session.
HB 3363A WORK SESSION
274	Vice Chair Burdick	MOTION: Moves to ADOPT HB 3363A-A4 amendments dated 5/2/03.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ringo, Sen. Ferrioli
276	Chair Minnis	Hearing no objection, declares the motion CARRIED.
277	Vice Chair Burdick	MOTION: Moves HB 3363A to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0-2 EXCUSED: 2 - Sen. Ringo, Sen. Ferrioli
281	Chair Minnis	Hearing no objection, declares the motion CARRIED. SEN. WALKER will lead discussion on the floor.
285	Chair Minnis	Closes the work session on HB 3363A and calls a short recess at 9:05 a.m.
292	Chair Minnis	Reconvenes the meeting at 9:15 a.m. and opens a work session on HB 2811A.
HB 2811A WORK SESSION
298	Chuck Craig	Deputy Director, Department of Agriculture. Says they were not consulted about the –A2 amendments to HB 2811A which expands definition of minimum care with regard to non-ambulatory livestock animals for purposes of certain criminal statutes (EXHIBIT J).

341	Chair Minnis	Questions the testimony from the Department of Agriculture and says he does not like the divergence from a previous conversation. Asks that he not come back to his committee.
376	Chair Minnis	Closes the work session on HB 2811A and adjourns the meeting at 9:40 a.m.

EXHIBIT SUMMARY

A – HB 2873A, written testimony submitted by Barnes Ellis, 3 pp

B – HB 2885, -1 amendments submitted by staff, 3 pp

C – HB 2885, written testimony submitted by Anne Pratt, 2 pp

D – HB 2885, written testimony submitted by Bruce Pratt, 2 p

E – HB 2114A, -A2 amendments submitted by staff, 1 p

F – HB 2821A, -A2 amendments submitted by staff, 1 p

G – HB 2803, written testimony submitted by Mitch Morrow, 2 pp

H – HB 3363A, -A4 amendments submitted by staff, 2 pp

I – HB 3363A, written testimony submitted by Nancy Miller, 2 pp

J – HB 2811A, -A2 amendments submitted by staff, 2 pp