SENATE COMMITTEE ON JUDICIARY

 

 

May 20, 2003                                                                                                       Hearing Room 343

8:00 a.m.                                                                                                                     Tapes 134-135

 

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:           SB 24 Work Session

                                                HB 3296 Public Hearing and Work Session

                                                HB 3093A Public Hearing and 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 134, A

004

Chair Minnis

Calls the meeting to order at 8:12 a.m. and opens a work session on SB 24.

SB 24 WORK SESSION

007

Craig Prins

Committee Counsel.  Introduces SB 24 that creates crime of unlawful development, manufacture, delivery, possession or use of harmful substance, toxin or delivery system, and the -3 amendments (EXHIBIT A).

054

Vice Chair Burdick

Asks if the penalty is a Class A misdemeanor.

055

Prins

Says, yes. Continues an overview of the amendments.  Explains the -4 amendments (EXHIBIT B).

106

Sen. Ringo

Asks if this bill would create a new violation.

109

Prins

Explains that it does.

120

Sen. Ringo

Says he would prefer the bill be limited.

127

Prins

Discusses the “hoax” aspect of the bill.

136

Sen. Ringo

Questions if it is currently legal in Oregon for a person to manufacture a biological agent with the intent to commit murder.

139

Prins

Says that it is until a substantial step had been proved.

150

Pete Shepherd

Deputy Attorney General. Explains that there are gaps in our criminal law that are covered by this legislation.

169

Sen. Ringo

Asks if the manufacture of anthrax would be a chargeable offense.

173

Shepherd

Replies that it would be a chargeable offense.

196

Vice Chair Burdick

Wonders if a “hoax” as a practical joke would still be a class A misdemeanor.

213

Prins

Explains the key is the awareness of “knowingly” harming a person.

230

Sen. Ringo

Asks what the penalty is for a Class C felony.

233

Prins

Says it is a maximum of 5 years in prison and $100,000 fine.

260

Vice Chair Burdick

MOTION:  Moves to ADOPT SB 24-4 amendments dated 3/20/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

264

Chair Minnis

Hearing no objection, declares the motion CARRIED.

265

Vice Chair Burdick

MOTION:  Moves SB 24 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

269

Chair Minnis

Hearing no objection, declares the motion CARRIED.

SEN. STARR will lead discussion on the floor.

279

Chair Minnis

Closes the work session on SB 24 and opens a public hearing on HB 3296.

HB 3296 PUBLIC HEARING

284

Craig Prins

Committee Counsel.  Introduces HB 3296 that creates crime of unlawful possession of personal identification device, and the

-1 amendments (EXHIBIT C).

313

Tim Martinez

Oregon Bankers Association.  Testifies in support of HB 3296 and the -1 amendments.

320

Chair Minnis

Closes the public hearing on HB 3296 and opens a work session.

HB 3296 WORK SESSION

330

Vice Chair Burdick

MOTION:  Moves to ADOPT HB 3296-1 amendments dated 5/13/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Ferrioli

333

Chair Minnis

Hearing no objection, declares the motion CARRIED.

340

Chair Minnis

Calls for a short recess at 8:40 a.m.

345

Chair Minnis

Reconvenes the meeting at 8:42 a.m.

347

Vice Chair Burdick

MOTION:  Moves HB 3296 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-1-1

AYE:               4 - Burdick, Starr C., Walker, Minnis

NAY:               1 - Ringo

EXCUSED:     1 - Ferrioli

360

Chair Minnis

The motion CARRIES.

SEN. WALKER will lead discussion on the floor.

372

Chair Minnis

Closes the work session on HB 3296 and opens a public hearing on HB 3093A.

HB 3093A PUBLIC HEARING

381

Greg Chaimov

Legislative Counsel.  Introduces HB 3093A that allows individual to ask public body not to disclose individual’s electronic mail address, and the –A8 amendments (EXHIBIT D).

TAPE 135, A

048

Vice Chair Burdick

Asks if section 5 refers specifically to SAIF Corporation.

051

Chaimov

Says that is correct.  Continues overview of the bill.

058

Chair Minnis

Explains the objective is to make public the records of SAIF Corporation.

071

Vice Chair Burdick

Asks if the case against SAIF is on appeal to the Supreme Court.

072

Chaimov

Says he is not aware of the plans for additional action on the lawsuit.

078

Vice Chair Burdick

Wonders if it is a good idea to jump into the middle of some case law that hasn’t finished being developed.

080

Chair Minnis

Says the legislature has the power to finish it.

090

Chaimov

Says this bill as amended would stop the lawsuit.

095

Sen. Ringo

Says he supports these amendments.

100

Sen. Walker

Says she supports these amendments.

124

Janet Phillips

Legal Counsel, Oregon Health and Science University (OHSU).  Submits testimony and testifies in support of HB 3093A (EXHIBIT E).  Explains that they seek to exempt from public disclosure the names and locations of its scientific personnel, community volunteers, private funding agencies and supporting companies whose medical research involves the use of animals and the –A6 amendments (EXHIBIT F).

225

Sen. Walker

Expresses concerns about legitimate animal rights groups.

239

Phillips

Says this bill carries out the balance needed to protect and disseminate information.

268

Sen. Ringo

Asks about information available under the public records act.

271

Phillips

Replies that all information is still available under the public records act.

291

Sen. Walker

States objection to not having access to the name of a researcher who might not be following protocol.

300

Phillips

Explains that information would be found in the animal medical/care records if protocol is not being followed.

319

Sen. Walker

Asks if vital information about a researcher can currently be kept private.

325

Phillips

Says it is not currently within their ability to keep home addresses private.

344

Sen. Walker

Asks if there is a problem with adding the vendors to this bill.

355

Phillips

Says the bill as currently structured does extend protection to the vendors.

429

Vice Chair Burdick

Asks what would happen if a reporter asks for the name of a researcher that they believe is guilty of some wrong-doing.

452

Phillips

Explains the procedure that would be taken.  Says negotiation is always the first step.

TAPE 134, B

066

Lee Beyer

Public Utility Commissioner.  Testifies in support of HB 3093A.

089

Andrea Meyer

American Civil Liberties Union.  Submits testimony and testifies in opposition to HB 3093A (EXHIBIT G).  Says the Willamette Week has uncovered abuses.

130

Sen. Ringo

Asks what can be done to insure public safety to those who are doing research.

135

Meyer

Believes that there are steps that can be taken, but believes the media needs to have the opportunity to insure that we know what is going on.

156

Sen. Ringo

Says prior testimony indicated that all procedures are described in writing and those records are subject to the Public Records Act.

165

Meyer

Says it is like hunting for a needle in a haystack because there are thousands of animals at OHSU.  Continues testimony and submits reprints of information found on the internet (EXHIBIT H).

177

Sen. Ringo

Asks if the documents are not available so that the public can do the search and avoid large costs.

179

Meyer

Says it is her understanding that they are not.  Continues testimony in opposition and discusses readily available information on the Internet.

209

Chair Minnis

Contends that if that information is so easily obtained, OHSU is not going to use this particular law in some broadly restrictive manner.

214

Meyer

Believes that we are providing a very rare exception into our public records laws.

220

Chair Minnis

Feels that if OHSU is willingly posting information on the web, they intend to use this legislation in a very narrow manner.

228

Meyer

Says OHSU has a poor track record with the media.

266

Chair Minnis

Asks how Rep. Mary Nolan voted.

269

Meyer

Discusses what Rep. Nolan’s intent was and introduces her –A7 amendments (EXHIBIT I).

340

Sen. Ferrioli

Wonders what the balance is.  Talks about the need for information, but how wrong it is that people get targeted.

385

Meyer

Believes that there is a false sense of security under this legislation, and that those who have intent to commit crime, will.

442

Sen. Ferrioli

Talks about the availability of information and again wonders where the balance is.

TAPE 135, B

019

Meyer

Says she would urge the passage of the -A7 amendments.

029

Tom Gallagher

Oregon Newspaper Publishers Organization.  Testifies as neutral on HB 3093A.  Says this legislation is a temporary fix and that a work group needs to be formed to find a better solution.

077

Chair Minnis

Closes the public hearing on HB 3093A and opens a work session.

HB 3093A WORK SESSION

082

Sen. Ringo

MOTION:  Moves to ADOPT HB 3093A-A6 amendments dated 5/8/03.

082

Sen. Ringo

MOTION:  Moves to ADOPT HB 3093A-A8 amendments dated 5/20/03.

 

 

VOTE:  5-0-1

EXCUSED:  1 - Sen. Walker

086

Chair Minnis

Hearing no objection, declares the motion CARRIED.

104

Sen. Ringo

Says he feels there are some issues that still need to be addressed before passing this bill and wonders if there needs to be a sunset clause.

112

Vice Chair Burdick

Says she does not want to see legitimate public inquiry suppressed.

117

Chaimov

Explains how sunseting an amendment would work.

138

Chair Minnis

Asks if an amendment can be drafted by Thursday.

139

Chaimov

Says, yes.

144

Larry Campbell

SAIF Corporation.  Testifies in opposition to HB 3093A and the -8 amendments.  Asks that the committee delay action on this bill until the courts have had a chance to fully implement their decision.

172

Chair Minnis

Closes the work session on HB 3093A and adjourns the meeting at 9:55 a.m.

 

 

EXHIBIT SUMMARY

 

A – SB 24, -3 amendments submitted by staff, 2 pp

B – SB 24, -4 amendments submitted by staff, 2 pp

C – HB 3296, -1 amendments submitted by staff, 1 p

D – HB 3093A, -A8 amendments submitted by staff, 2 pp

E – HB 3093A, written testimony submitted by Janet Phillips, 28 pp

F – HB 3093A, -A6 amendments submitted by staff, 1 p

G – HB 3093A, written testimony of John Schrag submitted by Andrea Meyer, 1 p

H – HB 3093A, printed materials submitted by Andrea Meyer, 8 pp

I – HB 3093A, -A7 amendments submitted by staff, 1 p